Acts and resolutions of the General Assembly of the state of Georgia 1996 [volume 1]

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 19960000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1996 19960000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume One

GEORGIA LAWS 1996 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 VOLUME TWO Acts and Resolutions of Local Application 3501 Judgment Dissolving the City of Naylor 4573 County Home Rule Actions 4577 Municipal Home Rule Actions 4629 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VII Appellate CourtsPersonnel XV Superior CourtsPersonnel and Calendars XVI Index-Tabular XXVII Index-General LXVII Population of Georgia CountiesAlphabetically CXLIX Population of Georgia CountiesNumerically CLV Population of Municipalities CLVII Population of Judicial Circuits CLXVIII Georgia Senate Districts, Alphabetically by County CLXXI Georgia Senators, Alphabetically by Name CLXXIII Georgia Senators, Numerically by District CLXXVI Georgia House Districts, Alphabetically by County CLXXIX Georgia Representatives, Alphabetically by Name CLXXXI Georgia Representatives, Numerically by District CLXXXVIII Status of Referendum Elections CXCV Vetoes by the Governor CCCXLI State Auditor's Report on Funding of Retirement Bills CCCLI

COMPILER'S NOTE General Acts and Resolutions of the 1996 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia will be found in Volume I beginning at page 1663. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and municipalities field in the Office of the Secretary of State between September 1, 1995, and March 11, 1996, are [Illegible Text] in Volume II beginning at pages 4573 and 4629, respectively. There are no numbered pages between page 1673, the last page of Volume I, and page 3501, the first page of Volume II. This allows [Illegible Text] volumes to be compiled and printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, [Illegible Text] size has been reduced slightly, the index and other material is now [Illegible Text] a separate volume, and future Volumes I or II, or both, may be [Illegible Text] into two or more books. Page numbers will run consecutively [Illegible Text] books in the same volume. Indexes; lists of Acts, Bills, and Resolutions and their Georgia [Illegible Text] page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the Governor's veto message; the certificate of the state auditor concerning [Illegible Text] funding of Acts dealing with retirement and pensions enacted [Illegible Text] 1996 are printed in Volume III. Indexes cover material in both [Illegible Text] I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. [Illegible Text] possible, general Acts have been indexed by reference to the titles [Illegible Text] the Official Code of Georgia Annotated which they amend and the [Illegible Text] index contains a list of Code sections which have been amended, [Illegible Text] 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 [Illegible Text] it was introduced in the General Assembly. Each Resolution is [Illegible Text] by the Resolution Act number assigned by the Governor and [Illegible Text] House Resolution or Senate Resolution number. Each Act or [Illegible Text] which was signed by the Governor is followed by the [Illegible Text] date on which it was signed by the Governor.

Page 1

REVENUE AND TAXATION SALES AND USE TAXATION; CERTAIN FOOD ITEMS EXEMPTED; EXEMPTION PHASED IN OVER CERTAIN PERIOD; APPLICABILITY TO CERTAIN LOCAL SALES AND USE TAXES. Code Title 48, Chapter 8 Amended. No. 507 (House Bill No. 265). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxation, so as to provide for an exemption for certain food items with respect to the levy or imposition of certain sales and use taxes; to phase in such exemption over a specified time period; to provide for applicability of such exemption to certain local sales and use taxes; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales and use tax, is amended by striking or at the end of paragraph (55), by striking the period at the end of paragraph (56) and inserting in its place ; or, and by adding a new paragraph immediately following paragraph (56) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, to be designated paragraph (57), to read as follows: (57)(A) The sale for off-premises human consumption or use of eligible foods and beverages, to the extent provided in subparagraph (B) of this paragraph. (B) A transaction described in subparagraph (A) of this paragraph shall be exempt from sales and use tax only if occurring on or after October 1, 1996, and only to the extent set forth in divisions (i) through (iii) of this subparagraph as follows: (i) For a transaction occurring during the period from October 1, 1996, through September 30, 1997, to the extent of 50 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; (ii) For a transaction occurring during the period from October 1, 1997, through September 30, 1998, to the extent of 75 percent

Page 2

of that amount on which, but for this paragraph, sales and use tax would be levied or imposed; and (iii) For a transaction occurring on or after October 1, 1998, to the extent of 100 percent of that amount on which, but for this paragraph, sales and use tax would be levied or imposed. (C) For the purposes of this paragraph, `eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, except that eligible food and beverages shall not include seeds or plants to grow food and shall not include food or drink dispensed by or through vending machines or related operations. (D)(i) The exemption provided for in this paragraph shall not apply to any local sales and use tax levied or imposed at any time by or pursuant to Article 3 of this chapter. (ii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall not apply to any local sales and use tax which is effective before October 1, 1996, notwithstanding any provisions to the contrary in the law authorizing or imposing such tax. (iii) Except as otherwise provided in division (i) of this subparagraph, the exemption provided for in this paragraph shall apply with respect to any local sales and use tax which becomes effective on or after October 1, 1996, but such exemption shall apply only as to transactions occurring on or after October 1, 1998, notwithstanding any provision to the contrary in the law authorizing or imposing such tax. (iv) For the purposes of this subparagraph, the term `local sales and use tax' shall mean any sales tax, use tax, or local sales and use tax which is levied and imposed in an area consisting of less than the entire state, however authorized, including, but not limited to, such taxes authorized by or pursuant to constitutional amendment; by or pursuant to Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965'; by or pursuant to Article 2 of this chapter; by or pursuant to Article 2A of this chapter; or by or pursuant to Article 3 of this chapter. (E) The commissioner shall adopt rules and regulations to carry out the provisions of this paragraph. SECTION 2. Said chapter is further amended by striking Code Section 48-8-82, relating to the imposition and applicability of the joint county and municipal sales

Page 3

and use tax, and inserting in its place a new Code Section 48-8-82 to read as follows: 48-8-82. When the imposition of a joint county and municipal 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 and each qualified municipality located wholly or partially within the special district shall levy a joint sales and use tax at the rate of 1 percent. Except as to rate, the joint 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 tax levied pursuant to this article, except that the joint tax provided in this article shall be applicable to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 48-8-102, relating to the imposition and applicability of the homestead option sales and use tax, and inserting in its place a new subsection (b) to read as follows: (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 and shall be applicable to the sale of food and beverages only to the extent provided for in paragraph (57) of Code Section 48-8-3. SECTION 4. Said chapter is further amended by striking Code Section 48-8-110, relating to the imposition and applicability of the special county 1 percent sales and use tax, and inserting in its place a new Code Section 48-8-110 to read as follows: 48-8-110. The governing authority of any county in this state may, subject to the requirement of referendum approval and the other requirements of this

Page 4

article, impose within the county a special sales and use tax for a limited period of time. Any tax imposed under this article shall be at the rate of 1 percent. Except as to rate, a tax imposed under this article shall correspond to the tax imposed by Article 1 of this chapter. No item or transaction which is not subject to taxation under Article 1 of this chapter shall be subject to a tax imposed under this article, except that a tax imposed under this article shall apply to sales of motor fuels as that term is defined by Code Section 48-9-2 and shall be applicable to the sale of food and beverages as provided for in division (57)(D)(i) of Code Section 48-8-3. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved January 11, 1996. GAME AND FISH SHRIMP TAKEN WITH A CAST NET; LIMIT; PENALTIES. Code Section 27-4-132.1 Enacted. No. 508 (House Bill No. 1159). AN ACT To amend Part 1 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, so as to provide a limit on the amount of shrimp which may be taken by cast net; to provide a penalty; 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 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to seafood, is amended by inserting immediately following Code Section 27-4-132 the following: 27-4-132.1. (a) No person or persons occupying the same boat taking shrimp by means of a cast net may take or possess more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hour period. No vessel owner shall allow the vessel to be used by any person or persons to take more than 48 quarts of shrimp with heads or 30 quarts of shrimp tails in any 24 hour period regardless of the number of trips made or the duration of any trip by such vessel. (b) Violation of subsection (a) of this Code section shall constitute a misdemeanor. In addition to any criminal penalties assessed, any person

Page 5

violating the provisions of subsection (a) of this Code section shall pay a civil penalty in the amount of $50.00 for each quart of shrimp taken or possessed in excess of the allowable limit. 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 7, 1996. MOTOR VEHICLES AND TRAFFIC CERTIFICATES OF TITLE; ADDITIONAL FEES FOR VEHICLES PREVIOUSLY TITLED IN OTHER STATES REPEALED. Code Section 40-3-21.1 Repealed. No. 509 (House Bill No. 1253). AN ACT To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, so as to repeal provisions relating to additional title fees for vehicles previously titled in other states; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to motor vehicle certificates of title, is amended by repealing in its entirety Code Section 40-3-21.1, relating to additional title fees for motor vehicles previously titled in another 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 February 9, 1996.

Page 6

OFFICIAL CODE OF GEORGIA ANNOTATED CODE REVISION; REENACTMENT; CORRECTIONS. No. 511 (House Bill No. 1195). 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 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 inserting a comma between the words parentage and or in paragraph (3) of Code Section 2-14-131, relating to definitions relative to the Vidalia onion. SECTION 3. Reserved. SECTION 4. Reserved. SECTION 5. Reserved. SECTION 6. Reserved. SECTION 7. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows:

Page 7

(1) By striking Paragraph (10) and inserting in lieu thereof Paragraph (11) in division (21)(H)(xii) of Code Section 7-1-4, relating to definitions relative to the Department of Banking and Finance and financial institutions generally. (2) By adding and at the end of paragraph (10) of Code Section 7-1-261, relating to additional operational powers of banks and trust companies. (3) By striking paragraph (10) and inserting in lieu thereof paragraph (11) in subparagraph (c)(2)(F) of Code Section 7-1-288, relating to corporate stock and securities. (4) By deleting and the notice of merger from subsection (a) of Code Section 7-1-534, relating to approval or disapproval by the Department of Banking and Finance. (5) By striking Code Section 7-1-590 and inserting in lieu thereof Code Sections 7-1-590 through 7-1-594 in paragraph (1) of Code Section 7-1-600, relating to definitions relative to bank branches, offices, facilities, and holding companies. SECTION 8. Reserved. SECTION 9. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended as follows: (1) By adding and at the end of paragraph (1) of subsection (a) of Code Section 9-13-143, relating to rates for legal advertisements. (2) By adding and at the end of paragraph (4) of subsection (c) of Code Section 9-14-47.1, relating to petitions challenging for the first time state court proceedings resulting in a death sentence. SECTION 10. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking 10-1-743 and inserting in lieu thereof 10-1-793 in the introductory language of subsection (d) of Code Section 10-1-786, relating to a new motor vehicle arbitration panel. SECTION 11. Reserved. SECTION 12. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended as follows:

Page 8

(1) By striking rifles, and shotguns and inserting in lieu thereof rifles, or shotguns in subsection (1) of Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations and prohibited acts generally. (2) By striking Historic Preservation Section and inserting in lieu thereof Division of Historic Preservation in subsection (c) of Code Section 12-3-50.1, relating to grants for preservation of historic properties and additional powers and duties of the Department of Natural Resources. (3) By striking Historic Preservation Section and inserting in lieu thereof Division of Historic Preservation in paragraph (1) of subsection (a) and in subsections (b) and (d) of Code Section 12-3-50.2, relating to the Georgia Register of Historic Places. (4) By striking Code Section 12-3-50 and inserting in lieu thereof Code Section 12-3-50 in Code Section 12-3-51, relating to grants and gifts to the Department of Natural Resources. (5) By striking Recreation and inserting in lieu thereof Recreational in subparagraph (A) of paragraph (6) of Code Section 12-3-194, relating to the powers of the Stone Mountain Memorial Association generally. (6) By striking in this subsection and inserting in lieu thereof in this paragraph in paragraph (3) of subsection (b) of Code Section 12-3-194.2, relating to adherence to the master plan regarding Stone Mountain, survey required, and amendment of the plan. (7) By striking the State of Georgia vs. and inserting in lieu thereof State of Georgia vs. in subsection (a) of Code Section 12-3-241, relating to the lease to the Jekyll IslandState Park Authority of Jekyll Island, adjacent marshes and marsh islands, rights of way, and rights and privileges of every kind. (8) By adding of this Code section following subsection (d) in subsection (c) of Code Section 12-3-243.1, relating to the master plan regarding Jekyll Island, creations, contents, notice and hearing on preliminary plan, adherence to the plan, and amendments. (9) By adding of this Code section following subsection (d) in subsection (c) of Code Section 12-3-314.1, relating to the master plan regarding Lake Lanier Islands, creation, contents, notice and hearing on preliminary plan, adherence to the plan, and amendment. (10) By inserting shall be known and following part in Code Section 12-3-400, relating to the Upper Savannah River Development Authority Act.

Page 9

(11) By inserting shall be known and following part in Code Section 12-3-470, relating to the Georgia Agricultural Exposition Authority Act. (12) By striking within or without the state and inserting in lieu thereof inside or outside the state in subsection (b) of Code Section 12-3-483, relating to power of the Georgia Agricultural Exposition Authority to issue revenue bonds. (13) By striking hereto and inserting in lieu thereof to this part and by striking hereunder and inserting in lieu thereof under this part in paragraph (18) of Code Section 12-4-44, relating to authority to adopt and promulgate rules and regulations. (14) By striking hereto and inserting in lieu thereof to this part and by striking hereunder and inserting in lieu thereof under this part in subsection (c) of Code Section 12-4-46, relating to drilling permits. (15) By striking hereunder and inserting in lieu thereof under this part in paragraph (1) and by adding and to the end of paragraph (11) of subsection (a) of Code Section 12-4-73, relating to the powers and duties of the division as to surface mining generally and that the division may decline to assert jurisdiction. (16) By striking hereto and inserting in lieu thereof to this part in paragraph (1) and by striking hereto and inserting in lieu thereof to this part and by striking hereunder and inserting in lieu thereof under this part in paragraph (3) of Code Section 12-4-75, relating to permits for surface mining operations, submission of mining land use plan and amendment to the plan, and bonding of applicants. (17) By striking hereto and inserting in lieu thereof to this part each time it appears in subsections (a) and (b) of Code Section 12-4-83, relating to civil penalty, procedure for imposing penalties, hearing, judicial review, and disposition of recovered penalties. (18) By striking subparagraph (a) and inserting in lieu thereof subsection (a) in subsection (b) of Code Section 12-5-4, relating to rules and regulations relating to water conservation plans and task force to assist in writing of rules and regulations. (19) By inserting shall be known and following article in Code Section 12-5-20, relating to the Georgia Water Quality Control Act. (20) By redesignating subparagraphs (A) through (F) as paragraphs (1) through (6) of subsection (c) of Code Section 12-5-23.1, relating to water quality standards for lakes; monitoring; studies and reports; and development, approval, and publication of water quality standards. (21) By striking to collect all fees and inserting in lieu thereof and to collect all fees in subsection (b) of Code Section 12-5-126, relating to

Page 10

the director as administrative agent, administrative duties of the division, and orders, notices, and processes. (22) By striking the word thereunder and inserting in lieu thereof under this part in paragraph (5) of subsection (g) of Code Section 12-5-179, relating to permits for operation of public water systems and performance bonds. (23) By striking the word hereunder and inserting in lieu thereof under this part each time it appears in Code Section 12-5-376, relating to permits to construct and operate dams. (24) By striking shall be cited and inserting in lieu thereof shall be known and may be cited in Code Section 12-6-80, relating to the Georgia Forest Fire Protection Act. (25) By striking said subsection (b) and inserting in lieu thereof subsection (b) of this Code section in the undesignated text following paragraph (2) of subsection (c) of Code Section 12-8-25.4, relating to the limits on the number of solid waste facilities within a given area. (26) By striking the word hereunder and inserting in lieu thereof under this article each time it appears in subsection (a) of Code Section 12-8-65, relating to powers and duties of director as to hazardous waste. (27) By striking the word hereunder and inserting in lieu thereof under this article in subsection (a) of Code Section 12-8-69, relating to variances from hazardous waste handling requirements. (28) By striking the word hereunder and inserting in lieu thereof under this article in paragraph (3) of subsection (a) of Code Section 12-8-70, relating to inspections and investigations. (29) By striking the word hereunder and inserting in lieu thereof under this part in subsection (a) of Code Section 12-8-78, relating to public access to information, protection of confidential information, and access to confidential information by federal government and courts. (30) By striking the word hereunder and inserting in lieu thereof under this article each time it appears in Code Section 12-8-81, relating to civil penalties and procedures for imposing penalties. (31) By striking (b) or (c) and inserting in lieu thereof (b.1) or (c) in paragraph (2) of subsection (e) of Code Section 12-13-11, relating to corrective action for the release of a petroleum product into the environment. SECTION 13. Reserved.

Page 11

SECTION 14. Reserved. SECTION 15. Reserved. SECTION 16. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By inserting shall be known and following article in Code Section 16-9-90, relative to the Georgia Computer Systems Protection Act. (2) By inserting of 1966 following Safety Act in subsection (a) of Code Section 16-9-110, relating to sale or transfer of new motor vehicles not manufactured in compliance with federal standards. (3) By striking materials and inserting in lieu thereof material in the first sentence of subsection (a) and by striking Additionally, any and inserting in lieu thereof Any in subsection (c) of Code Section 16-12-80, relating to distributing obscene materials, obscene material defined, and penalty. (4) By deleting the comma following buttocks in subparagraph (a)(4)(G) of Code Section 16-12-100, relating to sexual exploitation of children, reporting a violation, forfeiture, and penalties. (5) By striking if such be female and inserting in lieu thereof if such person is female in paragraph (5) of Code Section 16-12-102, relating to definitions relative to sale or distribution of harmful materials to minors. (6) By striking any person and inserting in lieu thereof the person in subsection (d) and by striking herein and inserting in lieu thereof in this Code section in subsection (e) of Code Section 16-14-14, relating to term of RICO lien notice and release, extinguishment, or termination. (7) By striking gang-related and inserting in lieu thereof gang related in subsection (c) of Code Section 16-15-2, relating to legislative findings and intent regarding street gangs. SECTION 17. Reserved. SECTION 18. Reserved.

Page 12

SECTION 19. Reserved. SECTION 20. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By striking fiscal following and inserting in lieu thereof fiscal year following in Code Section 20-1-8, relating to placement of lottery funds into Construction Reserve Trust Fund. (2) By inserting a comma following p. 864 in subsection (b) of Code Section 20-2-1, relating to creation of the State Board of Education, appointment of members, and powers. (3) By striking Handicapped and inserting in lieu thereof Disabled and by striking handicapped and inserting in lieu thereof disabled in paragraph (3) of subsection (a) of Code Section 20-2-142, relating to prescribed courses and development and dissemination of instructional materials on effect of alcohol. (4) By striking 1.000 and inserting in lieu thereof 1.0000 in paragraph (5) of subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula. (5) By striking the period and inserting ; or at the end of subparagraph (a)(1)(C) of Code Section 20-2-164, relating to calculation of local fair share for school systems. (6) By deleting emergency, or and inserting in lieu thereof emergency or twice in paragraph (2) of subsection (c) of Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation. (7) By striking academic and or vocational performance based contract and inserting in their places academic or vocational performance based contract or academic and vocational performance based contract in subsection (a) and paragraph (1) of subsection (b), by striking academic and or vocational performance criteria and inserting in their places academic or vocational performance based criteria or academic and vocational performance based criteria in paragraphs (5) and (6) of subsection (c), by striking academic and or vocational performance based objectives and inserting in its place academic or vocational performance based objectives or academic and vocational performance based objectives in paragraph (2) of subsection (d), by striking academic and or vocational performance objectives and inserting in its place academic or vocational performance based objectives or academic and vocational performance based objectives in

Page 13

paragraph (3) of subsection (d), by striking academic and or vocational performance based and inserting in its place academic or vocational performance based objectives or academic and vocational performance based objectives in paragraph (2) of subsection (f), and by adding a comma immediately after staff in subsection (h) of Code Section 20-2-255, relating to charter schools. (8) By striking FTE and inserting in lieu thereof full-time equivalent student count in subsection (q) of Code Section 20-2-260, relating to capital outlay funds generally. (9) By striking incentive awards and inserting in lieu thereof achievement grants in subsection (c) of Code Section 20-2-282, relating to comprehensive evaluation of public schools, local systems, and regional agencies and reports. (10) By striking request another and inserting in lieu thereof request of another in subsection (c) of Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems. (11) By striking behavior and inserting in lieu thereof behavioral in paragraph (1) of Code Section 20-2-764, relating to definitions relative to chronic disciplinary problem students. (12) By adding of such Code sections after combination in paragraph (6) of subsection (a) of Code Section 20-2-795.1, relating to reporting of offenses committed by school system educators. (13) By deleting the semicolon following the words grade report in the undesignated paragraph at the end of subsection (a) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment. (14) By striking or is a part of and inserting in lieu thereof or is a part of, and by deleting the comma between that is and owned in subparagraph (B) of paragraph (2), by inserting a hyphen between degree and granting in division (2)(C)(i), and by adding a comma following 1995 in division (2)(C)(ii) of Code Section 20-3-411, relating to definitions relative to tuition equalization grants at private colleges and universities. SECTION 21. Reserved. SECTION 22. Title 22 of the Official Code of Georgia Annotated, relating to eminent domain, is amended as follows: (1) By striking herein and inserting in lieu thereof in this Code section in subsection (d) of Code Section 22-3-82, relating to rights to

Page 14

acquire property or property interests by eminent domain, notice to landowner, relocations, right of reasonable access, and compensation for damage incident to entry. (2) By adding and at the end of paragraph (4) of subsection (b) of Code Section 22-3-83, relating to a certificate of public convenience and necessity and requirements. (3) By deleting and from the end of paragraph (3) and by striking the period and inserting in lieu thereof ; and at the end of paragraph (4) of subsection (c) and by striking paragraph (1) and inserting in lieu thereof paragraph (2) in subsection (d) of Code Section 22-3-84, relating to a permit from the director of the Environmental Protection Division of the Department of Natural Resources and requirements and considerations and approval. SECTION 23. Reserved. SECTION 24. Reserved. 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 inserting shall preceding certify in the last sentence of subsection (a) of Code Section 27-2-5, relating to required hunter education courses. SECTION 28. Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, is amended as follows: (1) By striking subsection and inserting in lieu thereof Code section in subsection (b) and the introductory language of subsection (c) and by striking the comma following Senate in paragraph (2) of subsection (c) of Code Section 28-5-49, relating to analysis of costs of proposed bills and joint resolutions to affected localities, filing of fiscal notes, requests by representatives of local political subdivisions for copies, and waiver of requirements.

Page 15

SECTION 29. Reserved. SECTION 30. Reserved. SECTION 31. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking State and inserting in lieu thereof state in subsection (i) of Code Section 31-6-20, relating to the Health Strategies Council generally. (2) By inserting shall be known and following article in Code Section 31-7-20, relating to the Georgia Building Authority (Hospital) Act. (3) By striking (a) and inserting in lieu thereof (a)(1) in subsection (a) and by designating the three undesignated paragraphs following subsection (a) as paragraphs (2) through (4) of subsection (a) in Code Section 31-7-35, relating to fees for the Georgia Building Authority (Hospital). (4) By deleting or hospital and inserting in lieu thereof hospital in paragraphs (8) and (9) of Code Section 31-7-51, relating to definitions relative to grants for construction and modernization of medical facilities. (5) By striking may be referred to and inserting in lieu thereof shall be known and may be cited in Code Section 31-7-70, relating to the Hospital Authorities Law. (6) By striking State and inserting in lieu thereof state in paragraph (4) of subsection 31-7-282, relating to collection and submission of data. (7) By striking the date this article becomes effective for all purposes, and inserting in lieu thereof July 1, 1996, in Code Section 31-7-301, relating to license requirement and license not assignable or transferable. (8) By striking the date this article becomes effective for all purposes, and inserting in lieu thereof July 1, 1996, in Code Section 31-7-306, relating to applications received prior to the effective date of the article. (9) By striking be prerequisite and inserting in lieu thereof be a prerequisite in subsection (a) of Code Section 31-10-22, relating to record of divorces, dissolutions, and annulments.

Page 16

(10) By striking State and inserting in lieu thereof state in subsection (a) of Code Section 31-16-7, relating to reuse of kidney dialyzer, limitation, authority, and failure to comply. (11) By striking venereal diseases and inserting in lieu thereof venereal disease in Code Section 31-17-3, relating to examination and treatment by health authorities. (12) By inserting a comma following handling facilities in paragraph (2) of subsection (a) of Code Section 31-27-4, relating to additional requirements for issuance of permit, denial, suspension, or revocation. (13) By striking Such permits and inserting in lieu thereof Such permit in Code Section 31-28-2, relating to issuance of permits. (14) By inserting years following 16 in Code Section 31-31-4.3, relating to restrictions on minors as spectators or contestants. (15) By deleting State from subparagraph (a)(1)(C), by adding a comma following Thereafter in subsection (b) and by striking State and inserting in lieu thereof state in subsections (d) and (g) of Code Section 31-37-2, relating to commission membership, terms of office, vacancies, compensation, duties, and support staff. SECTION 32. Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended as follows: (1) By striking within or without and inserting in lieu thereof inside or outside in subsection (e) of Code Section 32-2-20, relating to composition of the State Transportation Board, qualifications of members, terms of office, manner of selection of members, filling of vacancies, officers, meetings, and compensation of members. (2) By designating the two undesignated paragraphs as subsections (a) and (b) in Code Section 32-4-91, relating to construction and maintenance of systems, acquisition of labor, and notification of department about new streets and abandoned streets. (3) By designating the two undesignated paragraphs as subsections (a) and (b) in Code Section 32-6-70, relating to declaration of policy. (4) By deleting main-traveled and inserting in lieu thereof main traveled in paragraph (12) of Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by paragraphs (4) through (6) of Code Section 32-6-72 and by paragraph (4) of Code Section 32-6-73. (5) By striking directed pays and inserting in lieu thereof directed pay in subsection (d) of Code Section 32-6-96, relating to authority of the department to enter upon private lands to implement administrative

Page 17

decisions, reimbursement of department for expenses, and return or disposition of stored sign remnants. (6) By inserting such preceding project less in subparagraph (b)(2)(B) of Code Section 32-6-195, relating to division of costs of grade crossing elimination projects. (7) By inserting and may be cited following known in subsection (a) of Code Section 32-9-9, relating to creation of transit authority by special legislation and authority's attributes and powers. SECTION 33. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended as follows: (1) By striking Chapter 48 and inserting in lieu thereof Chapter 47 twice in paragraph (9) of Code Section 33-6-5, relating to unfair and deceptive practices regarding insurance. (2) By inserting a hyphen between the words record and keeping and by striking ten and inserting in lieu thereof 10 in paragraph (3) of Code Section 33-10-1, relating to assets considered in determining the financial condition of insurers generally. (3) By striking and and inserting in lieu thereof or and by striking mean and inserting in lieu thereof means in paragraph (1), by adding a comma following supplies in subparagraph (A) of paragraph (4), by striking and and inserting in lieu thereof or and by striking Title 43, who and inserting in lieu thereof Title 43 who in paragraph (7), and by adding a hyphen between common and law in paragraph (8) of Code Section 33-20-3, relating to definitions relative to health care plans. (4) By striking from having and inserting in lieu thereof having in subsection (f) of Code Section 33-29-3.4, relating to insurance coverage for child wellness services. (5) By striking the terms and inserting in lieu thereof the term in subsection (a) of Code Section 33-29-6, relating to the provision in policies for medical or surgical services. (6) By striking the terms and inserting in lieu thereof the term in subsection (a) of Code Section 33-30-7, relating to the provision in group or blanket policies for medical or surgical services generally. (7) By striking claim experience and inserting in lieu thereof claims experience in subsection (a) of Code Section 33-31-9, relating to premiums and refunds and credits. (8) By inserting of this Code section following subsection (a) in subsection (c) of Code Section 33-39-9, relating to access to recorded personal information.

Page 18

(9) By inserting a comma between utilization review and and such other in subsection (b) of Code Section 33-46-1, relating to legislative purposes and intent. (10) By striking this law and inserting in lieu thereof this chapter in paragraph (2) of subsection (a) and paragraph (3) of subsection (b) of Code Section 33-49-3, relating to brokers and managers required to be licensed producers, surety bond, errors and omissions policy, reinsurance intermediary license, and exemption. (11) By striking in the subsection (a) and inserting in lieu thereof in subsection (a) and by striking he and inserting in lieu thereof the Commissioner in subsection (b) of Code Section 33-50-11, relating to the power of the Commissioner to suspend a license. SECTION 34. Reserved. SECTION 35. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By striking Executive Probate Judges Council of Georgia and inserting in lieu thereof Probate Judges Training Council in paragraph (2) of subsection (d.1) of Code Section 35-3-34, relating to dissemination of records to private persons and businesses, disclosure of all information pertinent to an adverse employment decision, responsibility and liability of center, and authority to adopt necessary rules, regulations, and forms. SECTION 36. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking `historical township' and inserting in lieu thereof `historic township' in paragraph (2) of subsection (h) of Code Section 36-30-7.1, relating to inactive municipalities. (2) By redesignating paragraphs (1) and (2) of subsection (d) as paragraphs (2) and (1) of subsection (d) and by striking . Provided and inserting in lieu thereof ; provided and by striking herein and inserting in lieu thereof in this Code section in subsection (h) of Code Section 36-80-16, relating to the Local Government Authorities Registration. SECTION 37. Title 37 of the Official Code of Georgia Annotated, relating to mental health, is amended as follows:

Page 19

(1) By striking paragraphs (1), (2), and (3) and inserting in lieu thereof paragraphs (1) and (2) in subsection (b) of Code Section 37-3-43, relating to procedure upon admission and notice of proposed discharge. (2) By striking paragraphs (1), (2), and (3) and inserting in lieu thereof paragraphs (1) and (2) in subsection (a) of Code Section 37-3-64, relating to length of detention in evaluating facility, discharge, procedure upon determination of need for hospitalization or involuntary treatment, and recipients of notice of discharge from facility. (3) By striking paragraphs (1), (2), and (3) and inserting in lieu thereof paragraphs (1) and (2) in subsection (a) of Code Section 37-3-81, relating to procedure for detention of patient beyond evaluation period and final disposition. (4) By striking paragraphs (1), (2), and (3) and inserting in lieu thereof paragraphs (1) and (2) in subsections (a) and (e) of Code Section 37-3-91, relating to discharge of persons meeting outpatient care criteria. (5) By striking paragraphs (1), (2), and (3) and inserting in lieu thereof paragraphs (1) and (2) in paragraph (2) of subsection (b) and in subsection (c) of Code Section 37-3-93, relating to court order for outpatient treatment, physician's or psychologist's petition to extend order, review of petition, hearing on extension petition, and patients under juvenile court jurisdiction. SECTION 38. Reserved. SECTION 39. Reserved. SECTION 40. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By striking Handicapped and inserting in lieu thereof Disabled both times it appears in subsection (a) of Code Section 40-2-71, relating to design of disabled veteran plates and restrictions on issuance and transfer. (2) By striking Title 40 and inserting in lieu thereof this title twice and by striking section 40-5-54 and inserting in lieu thereof Section 40-5-54 in subsection (c) of Code Section 40-5-2, relating to keeping of records of applications for licenses and information on licensees and furnishing of information.

Page 20

(3) By striking Criminal Justice Information System and inserting in lieu thereof criminal justice information system in subsection (h) of Code Section 40-11-2, relating to the duty of the person removing or storing a motor vehicle. (4) By striking Criminal Justice Information System and inserting in lieu thereof criminal justice information system in paragraph (3) of subsection (d) of Code Section 40-11-3, relating to when peace officers may remove vehicles from public property and notification requirements. 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 Code Section 42-9-71, relating to execution and text of the uniform out-of-state parole compact, and inserting in lieu thereof the following: 42-9-71. The Governor of this state is authorized and directed to execute a compact on behalf of the State of Georgia with any of the United States legally joining therein in the form substantially as follows: A COMPACT Entered into by and among the contracting States, signatories hereto, with the consent of the Congress of the United States of America, granted by an Act entitled `An act granting the consent of Congress to any two or more States to enter into agreements or compacts for cooperative effort and mutual assistance in the prevention of crime and for other purposes.' The contracting States solemnly agree: (1) That it shall be competent for the duly constituted judicial and administrative authorities of a State party to this compact (herein called `sending State'), to permit any person convicted of an offense within such State and placed on probation or released on parole to reside in any other State party to this compact (herein called `receiving State'), while on probation or parole, if (a) Such person is in fact a resident of or has his family residing within the receiving State and can obtain employment there; (b) Though not a resident of the receiving State and not having his family residing there, the receiving State consents to such person being sent there.

Page 21

Before granting such permission, opportunity shall be granted to the receiving State to investigate the home and prospective employment of such person. A resident of the receiving State, within the meaning of this section, is one who has been an actual inhabitant of such State continuously for more than one year prior to his coming to the sending State and has not resided within the sending State more than six continuous months immediately preceding the commission of the offense for which he has been convicted. (2) That each receiving State will assume the duties of visitation of and supervision over probationers or parolees of any sending State and in the exercise of those duties will be governed by the same standards that prevail for its own probationers and parolees. (3) That duly accredited officers of a sending State may at all times enter a receiving State and there apprehend and retake any person on probation or parole. For that purpose no formalities will be required other than establishing the authority of the officer and the identity of the person to be retaken. All legal requirements to obtain extradition of fugitives from justice are hereby expressly waived on the part of States party hereto, as to such persons. The decision of the sending State to retake a person on probation or parole shall be conclusive upon and not reviewable within the receiving State: Provided, however, that if at the time when a State seeks to retake a probationer or parolee there should be pending against him within the receiving State any criminal charge, or he should be suspected of having committed within such State a criminal offense, he shall not be retaken without the consent of the receiving State until discharged from prosecution or from imprisonment for such offense. (4) That the duly accredited officers of the sending State will be permitted to transport prisoners being retaken through any and all States parties to this compact, without interference. (5) That the Governor of each State may designate an officer who, acting jointly with like officers of other contracting States, if and when appointed, shall promulgate such rules and regulations as may be deemed necessary to more effectively carry out the terms of this compact. (6) That this compact shall become operative immediately upon its execution by any State as between it and any other State or States so executing. When executed it shall have the full force and effect of law within such State, the form of execution to be in accordance with the laws of the executing State. (7) That this compact shall continue in force and remain binding upon each executing State until renounced by it. The duties and obligations

Page 22

hereunder of a renouncing State shall continue as to parolees or probationers residing therein at the time of withdrawal until retaken or finally discharged by the sending State. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other State party hereto. SECTION 43. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By striking 10 and inserting in lieu thereof ten in subsection (a) of Code Section 43-18-55, relating to continuing education requirements for embalmers. (2) By striking 10 and inserting in lieu thereof ten in subsection (a) of Code Section 43-18-56, relating to continuing education requirements for funeral directors. (3) By striking Appraiser Board and inserting in lieu thereof Appraisers Board in Code Section 43-39A-6, relating to a seal and the use of records as evidence. (4) By striking a license or certification and inserting in lieu thereof an appraiser classification in the introductory language of subsection (a) and by striking such prior sanctions and inserting in lieu thereof such prior sanction in subsection (c) of Code Section 43-39A-18, relating to penalties for violations. (5) By striking the requirements and inserting in lieu thereof these requirements in the undesignated paragraph at the end of subsection (b) of Code Section 43-40-8, relating to the qualifications of licensees. (6) By deleting the comma between salesperson and corporation in subsection (c) of Code Section 43-40-10, relating to granting of broker's license, associate broker's license, or salesperson's license to corporation, limited liability company, or partnership. (7) By inserting or her following his in subsection (d) of Code Section 43-40-15, relating to grant, revocation, or suspension of licenses. (8) By striking the Fair Business Practices Act, and inserting in lieu thereof Part 2 of Article 15 of Chapter 1 of Title 10, the `Fair Business Practices Act of 1975,' in paragraph (4) of subsection (a) and in paragraph (2) of subsection (d) of Code Section 43-47-3, relating to creation of the State Board of Registration of Used Motor Vehicle Dealers and Used Motor Vehicle Parts Dealers and its composition, terms of office, vacancies, and election of a chairperson. (9) By striking subsection (h) and inserting in lieu thereof subsections (g) and (h) and by striking subsection (l) and inserting in lieu

Page 23

thereof subsection (k) in subsection (l) of Code Section 43-47-8, relating to license applications, prerequisites, license fees, renewal, and supplemental licenses. (10) By striking (m) and inserting in lieu thereof (l) and by adding a comma following 43-47-8 in Code Section 43-47-11, relating to hearings before board as to suspension of, revocation of, or refusal to renew licenses. SECTION 44. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: (1) By striking state of Georgia and inserting in lieu thereof State of Georgia in division (a)(1)(O)(ii) and by striking each deed restrictions and inserting in lieu thereof each deed restriction in subparagraph (a)(2)(F) of Code Section 44-3-3, relating to registration statement, accompanying documents, material changes, property report, lots or parcels subject to blanket encumbrances, records subject to inspection by purchaser, copy of property report to be given to prospective purchasers, sales contract, and amendments to report. (2) By striking which are and inserting in lieu thereof which is in subparagraph (a)(2)(M) of Code Section 44-3-172, relating to contents of public offering statement. (3) By striking or their and inserting in lieu thereof or its in the introductory language of Code Section 44-3-194, relating to records required to be kept by developer or agents. (4) By striking Historic Preservation Section and inserting in lieu thereof Division of Historic Preservation in paragraphs (10) and (11) of Code Section 44-10-25, relating to the powers and duties of a historic preservation commission. (5) By striking Historic Preservation Section and inserting in lieu thereof Division of Historic Preservation in paragraph (1) of subsection (b) of Code Section 44-10-26, relating to designation of historic properties or districts by ordinance and actions necessary thereto. SECTION 45. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) Notwithstanding the reenactment of the Official Code of Georgia Annotated by Section 54 of this Act, the increase in the amount of daily expense allowances for each member of the General Assembly which is contained in the third undesignated paragraph of paragraph (22) of subsection (a) of Code Section 45-7-4, relating to annual salaries of certain state officials, shall not become effective until the date specified

Page 24

in the 1995 Act amending such language. Until such time, such undesignated paragraph shall read as it formerly existed. SECTION 46. Reserved. SECTION 47. Reserved. SECTION 48. Reserved. SECTION 49. Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking needs of elderly and inserting in lieu thereof needs of the elderly in subsection (a) of Code Section 49-2-13.1, relating to financial assistance for transportation services for the elderly and persons with disabilities. SECTION 50. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking Code Sections 50-12-85, 50-12-86, and 50-12-87, which read as follows: 50-12-85. The commission may conduct studies, research, investigations, and surveys in the following basic categories: health and welfare of women, problems of the working woman, problems of the urban and suburban homemaker, and equal status for women. 50-12-86. The commission shall file an annual report with the Governor containing a summary of the accomplishments of the commission during the preceding year together with recommendations for suggested legislation as may be necessary to improve the status of women. 50-12-87. The members of the commission shall receive no compensation, per diem, or reimbursement for expenses for their services. (2) By striking Historic Preservation Section and inserting in lieu thereof Division of Historic Preservation in paragraph (10) of subsection

Page 25

(a) of Code Section 50-18-72, relating to when public disclosure of records is not required. SECTION 51. Reserved. SECTION 52. Reserved. SECTION 53. Reserved. 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 1995 supplements to the Official Code of Georgia Annotated published under authority of the state in 1995 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

Page 26

enacted at the 1996 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section. 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 12, 1996. ELECTIONS OFFICIAL CODE OF GEORGIA ANNOTATED; CODE REVISION; CORRECTIONS. Code Title 21 Amended. No. 512 (House Bill No. 1196). 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: (1) By striking division (i) of this subparagraph and inserting in lieu thereof subparagraph (A) of this paragraph in subparagraph (b)(2)(B) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidates. (2) By striking 21-2-225 and inserting in lieu thereof 21-2-226 in subsections (b) and (e) of Code Section 21-2-234, relating to electors who have failed to vote and with whom there has been no contact in

Page 27

three years, confirmation notice requirements and procedure, and time for completion of list maintenance activities. (3) By striking the disabled voter. and inserting in lieu thereof the disabled voter. in subsection (d) of Code Section 21-2-265, relating to polling places. (4) By adding a comma between Law and the quotation mark in subsection (j) of Code Section 21-5-34, relating to disclosure reports. (5) By striking Chapter 5 of Title 21 and inserting in lieu thereof this chapter in division (1)(E)(viii) of Code Section 21-5-70, relating to definitions relative to public officials conduct and lobbyist disclosure. 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 12, 1996. STATE GOVERNMENTAPPROPRIATIONS; SUPPLEMENTAL FOR S.F.Y. 1995-1996. No. 513 (House Bill No. 1186). AN ACT To amend an Act providing appropriations for the State Fiscal Year 1995-1996 known as the General Appropriations Act, approved April 21, 1995 (Ga. L. 1995, p. 1082), so as to change certain appropriations for the State Fiscal Year 1995-1996; to make language and other changes; to reallocate certain funds; 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 providing appropriations for the State Fiscal Year 1995-1996, as amended, known as the General Appropriations Act approved April 21, 1995 (Ga. L. 1995, p. 1082), is further amended by striking everything following the enacting clause through Section 60, 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, 1995, and ending June 30, 1996, as prescribed hereinafter for such fiscal year, from funds from the Federal

Page 28

Government and General Funds of the State, including 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 $ 25,617,738 Personal Services - Staff $ 13,408,441 Personal Services - Elected Officials $ 3,784,003 Regular Operating Expenses $ 2,612,366 Travel - Staff $ 91,500 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 588,000 Equipment $ 261,000 Computer Charges $ 603,000 Real Estate Rentals $ 5,000 Telecommunications $ 667,000 Per Diem, Fees and Contracts - Staff $ 108,970 Per Diem, Fees and Contracts - Elected Officials $ 2,253,658 Photography $ 95,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 25,617,738 State Funds Budgeted $ 25,617,738 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,892,923 $ 3,892,923 Lt. Governor's Office $ 803,981 803,981 Secretary of the Senate's Office $ 1,139,854 $ 1,139,854 Total $ 5,836,758 $ 5,836,758 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $10,136,252 $10,136,252 Speaker of the House's Office $ 560,470 $ 560,470

Page 29

Clerk of the House's Office $ 1,449,074 $ 1,449,074 Total $ 12,145,796 $ 12,145,796 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,556,899 $ 2,556,899 Legislative Fiscal Office $ 2,225,462 $ 2,225,462 Legislative Budget Office $ 995,528 $ 995,528 Ancillary Activities $ 1,494,059 $ 1,494,059 Budget Responsibility Oversight Committee $ 363,236 $ 363,236 Total $ 7,635,184 $ 7,635,184 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

Page 30

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. $ 18,664,008 Personal Services $ 15,578,433 Regular Operating Expenses $ 568,520 Travel $ 614,650 Motor Vehicle Purchases $ 137,535 Equipment $ 14,875 Real Estate Rentals $ 869,790 Per Diem, Fees and Contracts $ 69,850 Computer Charges $ 658,230 Telecommunications $ 152,125 Total Funds Budgeted $ 18,664,008 State Funds Budgeted $ 18,664,008 PART II. JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 78,549,681 Personal Services $ 11,092,959 Other Operating $ 65,704,049 Prosecuting Attorney's Council $ 2,015,363 Council of Superior Court Judges $ 394,438 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

Page 31

Payment to Council of Superior Court Clerks $ 31,040 Payment to Resource Center $ 300,000 Computerized Information Network $ 683,800 Total Funds Budgeted $ 81,949,868 State Funds Budgeted $ 78,549,681 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 6,242,021 $ 5,570,675 Court of Appeals $ 7,154,204 $ 7,104,204 Superior Court $ 60,167,174 $ 57,553,333 Juvenile Court $ 1,077,570 $ 1,077,570 Institute of Continuing Judicial Education $ 711,007 $ 711,007 Judicial Council $ 1,806,322 $ 1,741,322 Judicial Qualifications Commission $ 217,718 $ 217,718 Indigent Defense Council $ 3,000,000 $ 3,000,000 Georgia Courts Automation Commission $ 1,344,703 $ 1,344,703 Georgia Office Of Dispute Resolution $ 229,149 $ 229,149 Total $ 81,949,868 $ 78,549,681 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 41,921,650 Personal Services $ 49,212,510 Regular Operating Expenses $ 13,562,262 Travel $ 484,133 Motor Vehicle Purchases $ 663,160 Equipment $ 2,020,580 Computer Charges $ 17,445,782 Real Estate Rentals $ 3,540,623 Telecommunications $ 2,896,435 Per Diem, Fees and Contracts $ 4,181,726 Rents and Maintenance Expense $ 11,792,750

Page 32

Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,972,744 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 781,972 Telephone Billings $ 59,072,580 Radio Billings $ 896,550 Materials for Resale $ 27,000,000 Public Safety Officers Indemnity Fund $ 650,000 Health Planning Review Board Operations $ 87,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 85,000 Total Funds Budgeted $ 197,394,307 State Funds Budgeted $ 41,921,650 Departmental Functional Budgets Total Funds State Funds Executive Administration $ 1,318,944 $ 559,858 Departmental Administration $ 3,075,590 $ 2,947,078 Statewide Systems $ 12,935,516 $ 9,962,772 Space Management $ 521,505 $ 521,505 Procurement Administration $ 3,051,174 $ 3,051,174 General Services $ 599,180 $ 0 Central Supply Services $ 21,066,445 $ 0 Data Processing Services $ 46,164,552 $ 14,048,279 Motor Vehicle Services $ 4,615,951 $ 0 Communication Services $ 81,752,025 $ 5,850,000 Printing Services $ 9,761,892 $ 0 Surplus Property $ 2,598,736 $ 0 Mail and Courier Services $ 1,281,707 $ 0 Risk Management $ 3,601,297 $ 650,000 State Properties Commission $ 485,878 $ 485,878

Page 33

Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 1,079,064 $ 634,424 State Office of Administrative Hearings $ 3,484,851 $ 3,210,682 Total $ 197,394,307 $ 41,921,650 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

Page 34

Section 5. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $ 117,064 Personal Services $ 1,699,038 Regular Operating Expenses $ 1,643,300 Travel $ 268,000 Motor Vehicle Purchases $ 50,000 Equipment $ 75,000 Computer Charges $ 1,500 Real Estate Rentals $ 0 Telecommunications $ 30,400 Per Diem, Fees and Contracts $ 1,700,000 Capital Outlay $ 0 Utilities $ 0 Total Funds Budgeted $ 5,467,238 State Funds Budgeted $ 117,064 Section 6. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 37,543,571 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 $ 2,658,940 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

Page 35

Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 49,068,500 State Funds Budgeted $ 37,543,571 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,241,733 $ 7,460,733 Animal Industry $ 15,576,681 $ 12,628,689 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 $ 49,068,500 $ 37,543,571 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

Page 36

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 $ 126,614,517 Personal Services $ 76,045,161 Regular Operating Expenses $ 7,222,195 Travel $ 893,360 Motor Vehicle Purchases $ 293,990 Equipment $ 392,781 Computer Charges $ 248,289 Real Estate Rentals $ 1,690,876 Telecommunications $ 904,505 Per Diem, Fees and Contracts $ 4,996,762 Utilities $ 2,224,904 Institutional Repairs and Maintenance $ 569,330 Grants to County-Owned Detention Centers $ 3,715,495 Service Benefits for Children $ 18,142,042 Purchase of Service Contracts $ 13,080,930 Capital Outlay $ 846,691 Total Funds Budgeted $ 131,267,311 State Funds Budgeted $ 126,614,517 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 30,027,446 $ 28,510,079 Milledgeville State YDC $ 14,382,009 $ 13,806,351 Augusta State YDC $ 9,758,770 $ 9,101,481 Atlanta State YDC $ 5,867,725 $ 5,594,785 Macon State YDC $ 5,554,542 $ 5,288,761 Court Services $ 15,888,883 $ 15,742,079

Page 37

Community Treatment Centers $ 2,425,064 $ 2,425,064 Day Centers $ 476,414 $ 476,414 Group Homes $ 1,049,780 $ 1,049,780 Purchased Services $ 32,996,695 $ 32,169,740 Runaway Investigation/Interstate Compact $ 1,002,375 $ 1,002,375 Assessment and Classification $ 652,358 $ 652,358 Youth Services Administration $ 7,079,495 $ 7,079,495 Multi-Service Centers $ 4,105,755 $ 3,715,755 Total $ 131,267,311 $ 126,614,517 Section 9. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 38,983,882 Personal Services $ 6,214,998 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 $ 10,077,413 Appalachian Regional Commission Assessment $ 97,100 Community Development Block Grants(Federal) $ 30,000,000 National and Community Service Program $ 0 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 $ 4,607,000 Payment to Georgia Environmental Facilities Authority $ 2,305,898

Page 38

Regional Economic Business Assistance Grants $ 7,000,000 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 $ 71,479,371 State Funds Budgeted $ 38,983,882 Departmental Functional Budgets Total Funds State Funds Executive and Administrative Division $ 34,839,959 $ 33,565,892 Planning, Information and Management Division $ 3,880,669 $ 3,707,663 Business and Financial Assistance Division $ 32,758,743 $ 1,710,327 Total $ 71,479,371 $ 38,983,882 Section 10. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 682,093,169 Personal Services $ 472,180,309 Regular Operating Expenses $ 55,884,874 Travel $ 2,202,700 Motor Vehicle Purchases $ 3,128,720 Equipment $ 4,498,745 Computer Charges $ 5,530,990 Real Estate Rentals $ 5,986,101 Telecommunications $ 6,930,550 Per Diem, Fees and Contracts $ 8,059,901 Capital Outlay $ 234,450 Utilities $ 22,530,660 Court Costs $ 1,600,000 County Subsidy $ 16,643,100 County Subsidy for Jails $ 7,508,207 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

Page 39

Inmate Release Fund $ 1,300,000 Health Services Purchases $ 68,106,416 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 $ 690,538,247 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 682,093,169 Departmental Functional Budgets Total Funds State Funds Administration $ 79,878,104 $ 78,123,694 Institutions and Support $ 500,030,837 $ 496,773,344 Probation $ 110,629,306 $ 107,196,131 Total $ 690,538,247 $ 682,093,169 B. Budget Unit: Board of Pardons and Paroles $ 40,994,832 Personal Services $ 32,806,024 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 $ 40,994,832 State Funds Budgeted $ 40,994,832 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

Page 40

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 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 $ 3,779,254,189 Operations: Personal Services $ 36,353,475 Regular Operating Expenses $ 6,319,446 Travel $ 1,518,118 Motor Vehicle Purchases $ 139,665 Equipment $ 339,231 Computer Charges $ 8,364,242 Real Estate Rentals $ 1,521,366 Telecommunications $ 1,323,661 Per Diem, Fees and Contracts $ 21,269,388 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

Page 41

Indirect Cost $ 627,252,894 Pupil Transportation $ 136,365,917 Local Fair Share $ (658,700,987) Mid-Term Adjustment Reserve $ 77,462,514 Teacher Salary Schedule Adjustment $ 149,218,645 Other Categorical Grants: Equalization Formula $ 160,777,464 Sparsity Grants $ 3,341,971 In School Suspension $ 22,166,686 Special Instructional Assistance $ 69,091,100 Middle School Incentive $ 70,986,887 Special Education Low - Incidence Grants $ 563,759 Limited English-Speaking Students Program $ 10,876,940 Non-QBE Grants: Education of Children of Low-Income Families $ 179,775,843 Retirement (H.B. 272 and H.B. 1321) $ 5,173,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 1,546,207 Severely Emotionally Disturbed $ 39,621,548 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 26,498,985 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 $ 21,758,381 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 $ 11,803,272 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 $ 16,892,002 Education of Homeless Children/Youth $ 637,478 Innovative Programs $ 1,690,215 Next Generation School Grants $ 2,443,700 Drug Free School (Federal) $ 11,625,943 At Risk Summer School Program $ 6,000,000

Page 42

Emergency Immigrant Education Program $ 397,666 Title II Math/Science Grant (Federal) $ 5,042,895 Robert C. Byrd Scholarship (Federal) $ 772,500 Health Insurance - Non-Cert. Personnel and Retired Teachers $ 99,047,892 Pre-School Handicapped Program $ 14,199,935 Mentor Teachers $ 1,250,000 Advanced Placement Exams $ 0 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,875,664 Alternative Programs $ 12,394,075 Environmental Science Grants $ 100,000 Pay for Performance $ 1,940,000 Mentoring Program $ 500,000 Charter Schools $ 50,000 Technology Specialist $ 12,827,367 Migrant Education $ 266,403 Total Funds Budgeted $ 4,323,503,741 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 3,779,254,189 Departmental Functional Budgets Total Funds State Funds State Administration $ 9,433,654 $ 7,048,848 Instructional Services $ 25,486,630 $ 19,266,363 Governor's Honors Program $ 1,246,565 $ 1,159,121 Administrative Services $ 17,897,753 $ 13,482,690 Special Services $ 6,242,899 $ 2,730,341 Professional Practices Commission $ 955,902 $ 955,902 Local Programs $ 4,245,742,664 $ 3,719,177,543 Georgia Academy for the Blind $ 5,266,662 $ 4,949,611 Georgia School for the Deaf $ 6,046,724 $ 5,742,214 Atlanta Area School for the Deaf $ 5,184,288 $ 4,741,556 Total $ 4,323,503,741 $ 3,779,254,189

Page 43

B. Budget Unit: Lottery for Education $ 202,636,245 Pre-Kindergarten for 4-year-olds $ 179,676,245 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 $ 11,950,000 Post Secondary Options $ 1,200,000 Learning Logic Sites $ 1,000,000 Media Center/Library Equipment $ 2,160,000 Total Funds Budgeted $ 202,636,245 Lottery Funds Budgeted $ 202,636,245 Section 13. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 1,867,088 Regular Operating Expenses $ 354,000 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 20,608 Computer Charges $ 564,140 Real Estate Rentals $ 302,000 Telecommunications $ 39,231 Per Diem, Fees and Contracts $ 1,304,000 Benefits to Retirees $ 0 Total Funds Budgeted $ 4,471,567 State Funds Budgeted $ 0 Section 14. Forestry Commission. Budget Unit: Forestry Commission $ 36,458,648 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 $ 411,831 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 30,000

Page 44

Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 241,752 Total Funds Budgeted $ 41,325,909 State Funds Budgeted $ 36,458,648 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 $ 4,095,079 $ 3,926,924 Total $ 41,325,909 $ 36,458,648 Section 15. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 46,667,108 Personal Services $ 33,795,416 Regular Operating Expenses $ 4,092,182 Travel $ 539,727 Motor Vehicle Purchases $ 830,397 Equipment $ 1,786,463 Computer Charges $ 781,736 Real Estate Rentals $ 2,083,323 Telecommunications $ 892,081 Per Diem, Fees and Contracts $ 1,356,783 Evidence Purchased $ 509,000 Capital Outlay $ 460,000 Total Funds Budgeted $ 47,127,108 State Funds Budgeted $ 46,667,108

Page 45

Departmental Functional Budgets Total Funds State Funds Administration $ 3,778,310 $ 3,778,310 Investigative $ 24,775,275 $ 24,315,275 Georgia Crime Information Center $ 8,654,070 $ 8,654,070 Forensic Sciences $ 9,919,453 $ 9,919,453 Total $ 47,127,108 $ 46,667,108 Section 16. Office of the Governor. Budget Unit: Office of the Governor $ 34,574,963 Personal Services $ 15,717,791 Regular Operating Expenses $ 1,109,102 Travel $ 318,897 Motor Vehicle Purchases $ 0 Equipment $ 99,726 Computer Charges $ 629,614 Real Estate Rentals $ 1,019,100 Telecommunications $ 386,878 Per Diem, Fees and Contracts $ 4,927,589 Cost of Operations $ 3,512,745 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 6,432,000 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 3,850,000 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 $ 42,123,045 State Funds Budgeted $ 34,574,963

Page 46

Departmental Functional Budgets Total Funds State Funds Governor's Office $ 10,149,745 $ 10,149,745 Office of Fair Employment Practices $ 993,023 $ 835,023 Office of Planning and Budget $ 7,882,873 $ 7,782,873 Council for the Arts $ 5,182,770 $ 4,396,670 Office of Consumer Affairs $ 3,396,223 $ 3,396,223 Vocational Education Advisory Council $ 356,491 $ 89,065 Georgia Information Technology Policy Council $ 354,600 $ 354,600 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 $ 42,123,045 $ 34,574,963 Section 17. Department of Human Resources. A. Budget Unit: Departmental Operations $ 696,164,929 1. General Administration and Support Budget: Personal Services $ 51,069,425 Regular Operating Expenses $ 2,309,688 Travel $ 1,357,311 Motor Vehicle Purchases $ 1,691,555 Equipment $ 95,600

Page 47

Real Estate Rentals $ 4,828,364 Per Diem, Fees and Contracts $ 5,344,953 Computer Charges $ 1,374,048 Telecommunications $ 680,361 Special Purpose Contracts $ 254,000 Service Benefits for Children $ 46,878,658 Purchase of Service Contracts $ 36,503,743 Institutional Repairs and Maintenance $ 73,440 Postage $ 995,980 Payments to DMA-Community Care $ 15,826,037 Grant-In-Aid to Counties $ 350,000 Grants to County DFACS Operations $ 741,211 Total Funds Budgeted $ 170,374,374 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 107,264,884 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 6,058,409 $ 6,058,409 Budget Administration $ 2,149,712 $ 2,149,712 Office of Children and Youth $ 46,878,658 $ 34,994,603 Administrative Support Services $ 20,140,782 $ 18,497,628 Facilities Management $ 5,506,954 $ 4,252,958 Regulatory Services - Program Direction and Support $ 832,591 $ 822,591 Child Care Licensing $ 3,074,934 $ 3,074,934 Health Care Facilities Regulation $ 9,758,829 $ 4,218,726 Fraud and Abuse $ 6,224,787 $ 2,319,475 Financial Services $ 6,131,808 $ 5,931,808 Auditing Services $ 1,847,154 $ 1,847,154 Personnel Administration $ 1,770,049 $ 1,770,049 Indirect Cost $ 0 $ (8,355,268)

Page 48

Public Affairs $ 523,853 $ 523,853 Aging Services $ 56,087,499 $ 27,453,952 State Health Planning Agency $ 1,730,444 $ 1,650,444 DD Council $ 1,657,911 $ 53,856 Total $ 170,374,374 $ 107,264,884 2. Public Health Budget: Personal Services $ 53,353,548 Regular Operating Expenses $ 77,524,211 Travel $ 964,432 Motor Vehicle Purchases $ 0 Equipment $ 127,851 Real Estate Rentals $ 1,421,803 Per Diem, Fees and Contracts $ 5,191,465 Computer Charges $ 1,205,962 Telecommunications $ 1,238,831 Special Purpose Contracts $ 682,869 Purchase of Service Contracts $ 13,106,950 Grant-In-Aid to Counties $ 119,493,795 Institutional Repairs and Maintenance $ 34,500 Postage $ 124,731 Grants for Regional Maternal and Infant Care $ 0 Medical Benefits $ 4,978,469 Total Funds Budgeted $ 279,449,417 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 151,361,153 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,564,340 $ 12,434,665 Newborn Follow-Up Care $ 1,295,984 $ 1,116,788 Oral Health $ 1,513,813 $ 1,191,638 Stroke and Heart Attack Prevention $ 2,601,837 $ 1,530,878 Sickle Cell, Vision and Hearing $ 4,303,429 $ 3,888,424

Page 49

High-Risk Pregnant Women and Infants $ 5,505,221 $ 5,393,221 Sexually Transmitted Diseases $ 2,256,390 $ 400,525 Family Planning $ 10,084,152 $ 5,415,855 Women, Infants and Children Nutrition $ 82,463,644 $ 0 Grant in Aid to Counties $ 61,489,732 $ 60,590,878 Children's Medical Services $ 13,211,627 $ 6,605,813 Emergency Health $ 3,274,089 $ 1,960,907 Primary Health Care $ 1,880,145 $ 1,735,982 Epidemiology $ 495,945 $ 345,955 Immunization $ 969,937 $ 0 Community Tuberculosis Control $ 6,658,655 $ 5,237,894 Family Health Management $ 1,188,122 $ 870,322 Infant and Child Health $ 1,194,476 $ 505,089 Maternal Health - Perinatal $ 2,479,915 $ 937,097 Chronic Disease $ 560,561 $ 560,561 Diabetes $ 542,182 $ 542,182 Cancer Control $ 5,068,567 $ 5,068,567 Director's Office $ 1,201,784 $ 1,004,559 Injury Control $ 251,815 $ 50,635 Health Program Management $ 1,949,489 $ 1,949,489 Vital Records $ 1,882,812 $ 1,653,133 Health Services Research $ 2,569,979 $ 2,347,161 Environmental Health $ 872,038 $ 682,965 Laboratory Services $ 5,566,771 $ 5,446,771 Community Care $ 4,136,288 $ 1,567,182

Page 50

Community Health Management $ 129,415 $ 129,415 AIDS $ 8,961,583 $ 4,432,831 Vaccines $ 10,896,437 $ 1,870,754 Drug and Clinic Supplies $ 3,316,626 $ 2,560,006 Adolescent Health $ 3,157,960 $ 2,034,356 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 $ 279,449,417 $ 151,361,153 3. Rehabilitation Services Budget: Personal Services $ 75,340,932 Regular Operating Expenses $ 12,552,958 Travel $ 1,218,988 Motor Vehicle Purchases $ 83,000 Equipment $ 743,880 Real Estate Rentals $ 4,676,391 Per Diem, Fees and Contracts $ 8,356,334 Computer Charges $ 2,457,974 Telecommunications $ 1,704,334 Case Services $ 25,249,433 E.S.R.P. Case Services $ 0 Special Purpose Contracts $ 713,163 Purchase of Services Contracts $ 10,799,323 Institutional Repairs and Maintenance $ 215,000 Utilities $ 937,269 Postage $ 817,786 Total Funds Budgeted $ 145,866,765 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,217,831 Departmental Functional Budgets Total Funds State Funds District Field Services $ 49,164,050 $ 10,140,676 Independent Living $ 975,265 $ 719,491

Page 51

Sheltered Employment $ 1,660,507 $ 758,979 Community Facilities $ 9,619,759 $ 3,639,056 State Rehabilitation Facilities $ 7,214,594 $ 1,452,195 Diversified Industries of Georgia $ 809,166 $ 0 Program Direction and Support $ 4,117,040 $ 1,292,597 Grants Management $ 722,458 $ 722,458 Disability Adjudication $ 34,758,717 $ 0 Georgia Factory for Blind $ 12,514,975 $ 827,513 Roosevelt Warm Springs Institute $ 24,310,234 $ 4,664,866 Total $ 145,866,765 $ 24,217,831 4. Family and Children Services Budget: Personal Services $ 45,517,745 Regular Operating Expenses $ 4,732,739 Travel $ 961,917 Motor Vehicle Purchases $ 0 Equipment $ 400,080 Real Estate Rentals $ 3,199,423 Per Diem, Fees and Contracts $ 19,519,509 Computer Charges $ 27,758,670 Telecommunications $ 9,664,964 Children's Trust Fund $ 2,158,042 Cash Benefits $ 421,905,209 Special Purpose Contracts $ 4,789,195 Service Benefits for Children $ 203,382,509 Purchase of Service Contracts $ 15,912,456 Postage $ 4,734,156 Grants to County DFACS - Operations $ 284,917,066 Total Funds Budgeted $ 1,049,553,680 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 413,321,061 Departmental Functional Budgets Total Funds State Funds Director's Office $ 353,128 $ 353,128

Page 52

Social Services $ 3,760,190 $ 3,364,997 Administrative Support $ 6,609,584 $ 5,385,210 Quality Assurance $ 3,858,011 $ 3,858,011 Community Services $ 11,794,184 $ 557,959 Field Management $ 1,159,982 $ 1,159,982 Human Resources Management $ 2,020,148 $ 1,830,526 Public Assistance $ 31,731,515 $ 13,983,389 Employment Services $ 1,574,927 $ 1,574,927 Child Support Recovery $ 61,945,007 $ 4,834,840 AFDC Payments $ 410,066,089 $ 155,909,968 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 $ 61,472,410 $ 31,294,234 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 $ 32,960,883 $ 21,575,631 Institutional Foster Care $ 10,625,850 $ 8,329,504 Specialized Foster Care $ 5,825,175 $ 4,901,767

Page 53

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 Outreach - Contracts $ 313,240 $ 156,620 Special Projects $ 2,157,393 $ 1,907,591 Children's Trust Fund $ 2,158,042 $ 2,158,042 Indirect Cost $ 0 $ (8,362,700) Total $ 1,049,553,680 $ 413,321,061 Budget Unit Object Classes: Personal Services $ 225,281,650 Regular Operating Expenses $ 97,119,596 Travel $ 4,502,648 Motor Vehicle Purchases $ 1,774,555 Equipment $ 1,367,411 Real Estate Rentals $ 14,125,981 Per Diem, Fees and Contracts $ 38,412,261 Computer Charges $ 32,796,654 Telecommunications $ 13,288,490 Case Services $ 25,249,433 E.S.R.P. Case Services $ 0 Children's Trust Fund $ 2,158,042 Cash Benefits $ 421,905,209 Special Purpose Contracts $ 6,439,227 Service Benefits for Children $ 250,261,167 Purchase of Service Contract $ 76,322,472 Grant-In-Aid to Counties $ 119,843,795 Institutional Repairs and Maintenance $ 322,940 Utilities $ 937,269 Postage $ 6,672,653 Payments to DMA-Community Care $ 15,826,037 Grants for Regional Maternal and Infant Care $ 0 Grants to County DFACS - Operations $ 285,658,277 Medical Benefits $ 4,978,469 B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 499,734,301 Personal Services $ 363,934,733 Operating Expenses $ 62,122,580 Motor Vehicle Equipment Purchases $ 882,000

Page 54

Utilities $ 12,347,036 Major Maintenance and Construction $ 2,021,190 Community Services $ 271,496,388 Total Funds Budgeted $ 712,803,927 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 499,734,301 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,535,746 $ 25,357,896 Brook Run $ 33,247,324 $ 14,537,996 Georgia Mental Health Institute $ 27,520,671 $ 25,602,869 Georgia Regional Hospital at Augusta $ 22,342,415 $ 20,455,523 Northwest Regional Hospital at Rome $ 28,319,217 $ 20,856,482 Georgia Regional Hospital at Atlanta $ 29,740,526 $ 25,185,535 Central State Hospital $ 145,072,001 $ 85,125,238 Georgia Regional Hospital at Savannah $ 19,422,238 $ 17,740,917 Gracewood State School and Hospital $ 51,647,048 $ 22,323,512 West Central Regional Hospital $ 19,802,063 $ 17,015,824 Outdoor Therapeutic Programs $ 3,846,635 $ 2,937,700 Metro Drug Abuse Centers $ 1,662,565 $ 1,467,065 Community Mental Health Services $ 123,236,827 $ 117,017,087 Community Mental Retardation Services $ 100,803,077 $ 64,487,746

Page 55

Community Substance Abuse Services $ 51,209,127 $ 28,683,287 State Administration $ 10,062,326 $ 6,753,151 Regional Administration $ 4,334,121 $ 4,186,473 Total $ 712,803,927 $ 499,734,301 Section 18. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 28,367,568 Personal Services $ 9,297,710 Regular Operating Expenses $ 1,621,170 Travel $ 347,500 Motor Vehicle Purchases $ 59,978 Equipment $ 137,872 Computer Charges $ 149,938 Real Estate Rentals $ 1,024,915 Telecommunications $ 336,000 Per Diem, Fees and Contracts $ 1,417,010 Local Welcome Center Contracts $ 181,600 Marketing $ 10,859,580 Georgia Ports Authority Lease Rentals $ 1,240,000 Foreign Currency Reserve $ 74,095 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Georgia World Congress Center $ 2,500,000 Total Funds Budgeted $ 29,297,368 State Funds Budgeted $ 28,367,568 Departmental Functional Budgets Total Funds State Funds Administration $ 17,947,679 $ 17,327,879 Economic Development $ 4,516,599 $ 4,416,599 Trade $ 1,694,389 $ 1,694,389 Tourism $ 5,138,701 $ 4,928,701 Total $ 29,297,368 $ 28,367,568

Page 56

Section 19. Department of Insurance. Budget Unit: Department of Insurance $ 15,788,518 Personal Services $ 13,982,959 Regular Operating Expenses $ 722,723 Travel $ 401,560 Motor Vehicle Purchases $ 145,850 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 $ 17,095,318 State Funds Budgeted $ 15,788,518 Department 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 $ 5,459,526 $ 4,152,726 Total $ 17,095,318 $ 15,788,518 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

Page 57

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. Department of Law. Budget Unit: Department of Law $ 12,248,879 Personal Services $ 11,046,739 Regular Operating Expenses $ 610,488 Travel $ 129,322 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 $ 1,193,239,526 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 $ 3,314,513,242 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,431,735,449 State Funds Budgeted $ 1,193,239,526

Page 58

Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,363,627 $ 137,553 Benefits, Penalties and Disallowances $ 3,314,513,242 $ 1,169,667,726 Long Term Care $ 1,326,155 $ 511,907 Systems Management $ 34,166,842 $ 10,570,417 Professional Services $ 2,447,208 $ 1,030,359 Maternal and Child Health $ 1,273,239 $ 524,982 Reimbursement Services $ 9,455,504 $ 4,649,213 General Administration $ 59,525,078 $ 2,359,286 Managed Care $ 2,673,554 $ 1,292,583 Legal and Regulatory $ 4,991,000 $ 2,495,500 Total $ 3,431,735,449 $ 1,193,239,526 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 $ 8,636,124 Regular Operating Expenses $ 1,895,430 Travel $ 91,512 Equipment $ 14,161 Real Estate Rents $ 921,758 Per Diem, Fees and Contracts $ 159,320,065 Computer Charges $ 3,275,673 Telecommunications $ 427,123 Health Insurance Payments $ 858,178,798 Total Funds Budgeted $ 1,032,760,644 Other Agency Funds $ 142,256

Page 59

Agency Assessments $ 11,875,396 Employee and Employer Contributions $ 1,020,494,396 Deferred Compensation $ 248,596 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 3,054,925 $ 0 Applicant Services $ 2,587,089 $ 0 Classification and Compensation $ 1,363,169 $ 0 Flexible Benefits $ 1,177,099 $ 0 Employee Training and Development $ 1,301,859 $ 0 Health Insurance Administration $ 1,019,564,515 $ 0 Accounting and Audits $ 1,160,976 $ 0 Administration and Systems $ 2,551,012 $ 0 Total $ 1,032,760,644 $ 0 Section 24. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 93,712,593 Personal Services $ 72,183,553 Regular Operating Expenses $ 15,298,661 Travel $ 534,533 Motor Vehicle Purchases $ 2,469,914 Equipment $ 2,532,611 Real Estate Rentals $ 2,581,324 Per Diem, Fees and Contracts $ 3,110,758 Computer Charges $ 864,113 Telecommunications $ 1,259,868 Authority Lease Rentals $ 40,000 Advertising and Promotion $ 300,000 Cost of Material for Resale $ 2,645,300 Capital Outlay: New Construction $ 943,810 Repairs and Maintenance $ 2,719,500

Page 60

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 $ 1,025,000 Contracts: Paralympic Games $ 1,500,000 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 Total Funds Budgeted $ 134,353,172 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 $ 93,712,593 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,884,646 $ 4,884,646 Program Support $ 2,555,848 $ 2,555,848

Page 61

Historic Preservation $ 2,351,344 $ 1,861,344 Parks, Recreation and Historic Sites $ 41,867,320 $ 16,259,854 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 $ 134,353,172 $ 93,712,593 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 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 $ 100,084,190 1. Operations Budget: Personal Services $ 59,382,404 Regular Operating Expenses $ 7,805,450 Travel $ 132,617 Motor Vehicle Purchases $ 4,093,430 Equipment $ 515,752

Page 62

Computer Charges $ 3,701,067 Real Estate Rentals $ 2,773,116 Telecommunications $ 1,418,147 Per Diem, Fees and Contracts $ 494,086 State Patrol Posts Repairs and Maintenance $ 150,000 Capital Outlay $ 0 Conviction Reports $ 0 Total Funds Budgeted $ 80,466,069 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 78,816,069 2. Driver Services Budget: Personal Services $ 16,698,371 Regular Operating Expenses $ 1,737,262 Travel $ 21,800 Motor Vehicle Purchases $ 0 Equipment $ 119,077 Computer Charges $ 137,000 Real Estate Rentals $ 53,108 Telecommunications $ 618,853 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 $ 21,268,121 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 21,268,121 Departmental Functional Budgets Total Funds State Funds Administration $ 21,823,257 $ 20,323,257 Driver Services $ 21,268,121 $ 21,268,121 Field Operations $ 58,642,812 $ 58,492,812 Total $ 101,734,190 $ 100,084,190 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,635,111 Attached Units Budget: Personal Services $ 8,183,176 Regular Operating Expenses $ 2,770,007

Page 63

Travel $ 113,799 Motor Vehicle Purchases $ 72,536 Equipment $ 263,728 Computer Charges $ 187,762 Real Estate Rentals $ 169,001 Telecommunications $ 164,171 Per Diem, Fees and Contracts $ 757,341 Highway Safety Grants $ 2,846,425 Peace Officers Training Grants $ 3,705,160 Capital Outlay $ 0 Total Funds Budgeted $ 19,233,106 State Funds Budgeted $ 14,635,111 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,530,970 $ 318,130 Georgia Peace Officers Standards and Training $ 5,703,163 $ 5,703,163 Police Academy $ 1,390,494 $ 1,075,339 Fire Academy $ 1,212,250 $ 1,092,250 Georgia Firefighters Standards and Training Council $ 444,494 $ 444,494 Georgia Public Safety Training Facility $ 6,951,735 $ 6,001,735 Total $ 19,233,106 $ 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 $ 8,707,763 Personal Services $ 7,033,660

Page 64

Regular Operating Expenses $ 666,030 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 $ 2,101,460 Total Funds Budgeted $ 11,097,427 State Funds Budgeted $ 8,707,763 Departmental Functional Budgets Total Funds State Funds Administration $ 1,922,754 $ 1,922,754 Transportation $ 4,005,868 $ 1,820,018 Utilities $ 5,168,805 $ 4,964,991 Total $ 11,097,427 $ 8,707,763 Section 28. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 1,080,833,474 Personal Services: Educ., Gen., and Dept. Svcs $ 1,155,881,143 Sponsored Operations $ 202,917,763 Operating Expenses: Educ., Gen., and Dept. Svcs $ 289,713,286 Sponsored Operations $ 145,787,679 Special Funding Initiative $ 15,229,094 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 $ 1,816,250,461 Departmental Income $ 42,000,000 Sponsored Income $ 348,705,442 Other Funds $ 341,684,245 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 1,080,833,474

Page 65

B. Budget Unit: Regents Central Office and Other Organized Activities $ 169,833,145 Personal Services: Educ., Gen., and Dept. Svcs $ 262,153,399 Sponsored Operations $ 69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 126,595,678 Sponsored Operations $ 38,184,000 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,392,532 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 $ 5,352,800 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 $ 544,617,103 Departmental Income $ 0 Sponsored Income $ 109,330,000 Other Funds $ 264,898,258 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 169,833,145 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

Page 66

Georgia Tech Research Institute $ 116,731,291 $ 13,708,799 Education Extension Services $ 10,733,002 $ 2,547,910 Agricultural Experiment Station $ 56,986,775 $ 36,398,122 Cooperative Extension Service $ 47,668,561 $ 29,856,244 Medical College of Georgia Hospital and Clinics $ 245,207,899 $ 31,697,885 Veterinary Medicine Experiment Station $ 2,781,531 $ 2,781,531 Veterinary Medicine Teaching Hospital $ 2,746,641 $ 512,595 Joint Board of Family Practice $ 23,745,701 $ 23,745,701 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 $ 0 $ 0 Total $ 544,617,103 $ 169,833,145 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 8,428,471 Operating Expenses $ 17,358,307 Total Funds Budgeted $ 25,786,778 Other Funds $ 25,786,778 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 71,947,611 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 $ 27,494,000

Page 67

Capital Outlay - Albany State College $ 3,639,611 Capital Outlay - State Library and Museum $ 0 Special Funding Initiatives $ 12,514,000 Mercer Medical School Grant - Equipment $ 0 Morehouse School of Medicine Grant - Equipment $ 0 Capital Outlay $ 5,000,000 Capital Outlay - Agricultural Experiment Stations $ 1,500,000 Total Funds Budgeted $ 71,947,611 Lottery Funds Budgeted $ 71,947,611 Section 29. Department of Revenue. Budget Unit: Department of Revenue $ 99,667,590 Personal Services $ 57,732,635 Regular Operating Expenses $ 5,716,320 Travel $ 1,382,540 Motor Vehicle Purchases $ 195,470 Equipment $ 950,220 Computer Charges $ 14,312,520 Real Estate Rentals $ 2,830,695 Telecommunications $ 3,086,805 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 $ 10,349,350 Postage $ 3,877,810 Total Funds Budgeted $ 104,368,460 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 99,667,590 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 6,766,152 $ 6,766,152 Internal Administration $ 12,161,490 $ 12,011,490 Electronic Data Processing $ 11,859,960 $ 10,844,760 Field Services $ 18,373,213 $ 18,073,213 Income Tax Unit $ 8,114,485 $ 7,474,485 Motor Vehicle Unit $ 26,756,357 $ 25,456,357 Central Audit Unit $ 7,622,439 $ 7,622,439

Page 68

Property Tax Unit $ 4,490,993 $ 3,435,123 Sales Tax Unit $ 4,193,189 $ 3,953,389 State Board of Equalization $ 46,000 $ 46,000 Taxpayer Accounting $ 3,984,182 $ 3,984,182 Total $ 104,368,460 $ 99,667,590 Section 30. Secretary of State. A. Budget Unit: Secretary of State $ 29,226,341 Personal Services $ 17,482,681 Regular Operating Expenses $ 4,337,106 Travel $ 243,800 Motor Vehicle Purchases $ 105,510 Equipment $ 93,840 Computer Charges $ 2,573,043 Real Estate Rentals $ 2,462,246 Telecommunications $ 957,367 Per Diem, Fees and Contracts $ 1,315,748 Election Expenses $ 700,000 Total Funds Budgeted $ 30,271,341 State Funds Budgeted $ 29,226,341 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,680,132 $ 3,650,132 Archives and Records $ 5,111,689 $ 5,036,689 Business Services and Regulation $ 5,035,065 $ 4,265,065 Elections and Campaign Disclosure $ 4,786,357 $ 4,766,357 Drugs and Narcotics $ 1,144,112 $ 1,144,112 State Ethics Commission $ 382,802 $ 382,802 State Examining Boards $ 10,061,184 $ 9,911,184 Holocaust Commission $ 70,000 $ 70,000 Total $ 30,271,341 $ 29,226,341

Page 69

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 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,149,663 $ 2,189,663 Section 31. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 2,092,494 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 $ 310,000 Total Funds Budgeted $ 2,260,955 State Funds Budgeted $ 2,092,494 Section 32. Student Finance Commission. A. Budget Unit: Student Finance Commission $ 33,352,346 Personal Services $ 5,097,032 Regular Operating Expenses $ 602,250 Travel $ 101,800 Motor Vehicle Purchases $ 0 Equipment $ 20,500 Computer Charges $ 245,180

Page 70

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 $ 24,600,000 Student Incentive Grants $ 5,003,940 Law Enforcement Personnel Dependents' Grants $ 78,000 North Georgia College ROTC Grants $ 312,500 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 680,000 Paul Douglas Teacher Scholarship Loans $ 390,000 Total Funds Budgeted $ 41,797,442 State Funds Budgeted $ 33,352,346 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 5,547,664 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 35,240,440 $ 32,802,698 Georgia Nonpublic Postsecondary Education Commission $ 1,009,338 $ 549,648 Total $ 41,797,442 $ 33,352,346 B. Budget Unit: Lottery for Education $ 161,240,172 HOPE Financial Aid - Tuition $ 73,821,744 HOPE Financial Aid - Books $ 22,296,240 HOPE Financial Aid - Fees $ 14,976,198 Tuition Equalization Grants $ 36,611,990 Georgia Military College Scholarship $ 336,000 LEPD Scholarship $ 198,000 Teacher Scholarships $ 10,000,000 Promise Scholarships $ 3,000,000 Total Funds Budgeted $ 161,240,172 Lottery Funds Budgeted $ 161,240,172

Page 71

Section 33. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,075,000 Personal Services $ 4,407,014 Regular Operating Expenses $ 462,000 Travel $ 30,000 Motor Vehicle Purchases $ 0 Equipment $ 13,100 Computer Charges $ 1,045,542 Real Estate Rentals $ 469,750 Telecommunications $ 151,157 Per Diem, Fees and Contracts $ 401,000 Retirement System Members $ 3,650,000 Floor Fund for Local Retirement Systems $ 425,000 Total Funds Budgeted $ 11,054,563 State Funds Budgeted $ 4,075,000 Section 34. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 166,703,649 Personal Services $ 4,175,373 Regular Operating Expenses $ 409,948 Travel $ 142,500 Motor Vehicle Purchases $ 0 Equipment $ 33,544 Computer Charges $ 754,468 Real Estate Rentals $ 365,610 Telecommunications $ 101,905 Per Diem, Fees and Contracts $ 539,472 Personal Services-Institutions $ 121,007,817 Operating Expenses-Institutions $ 30,379,012 Capital Outlay $ 0 Quick Start Program $ 9,044,505 Area School Program $ 29,522,582 Regents Program $ 2,912,640 Adult Literacy Grants $ 18,187,164 Total Funds Budgeted $ 217,576,540 State Funds Budgeted $ 166,703,649

Page 72

Departmental Functional Budgets Total Funds State Funds Administration $ 6,522,820 $ 4,452,834 Institutional Programs $ 211,053,720 $ 162,250,815 Total $ 217,576,540 $ 166,703,649 B. Budget Unit: Lottery for Education $ 40,258,713 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 32,373,460 Equipment-Technical Institutes $ 6,885,253 Total Funds Budgeted $ 40,258,713 Lottery Funds Budgeted $ 40,258,713 Section 35. Department of Transportation. Budget Unit: Department of Transportation $ 492,069,050 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 $ 741,716,455 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 $ 1,134,516,226 State Funds Budgeted $ 492,069,050

Page 73

Departmental Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 836,421,565 $ 215,777,346 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 $ 1,113,366,728 $ 480,197,509 General Funds Budget Planning and Construction $ 125,000 $ 125,000 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 $ 21,149,498 $ 11,871,541 Section 36. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 24,343,698 Personal Services $ 4,950,939 Regular Operating Expenses $ 235,829 Travel $ 82,000 Motor Vehicle Purchases $ 19,275 Equipment $ 99,371 Computer Charges $ 18,000 Real Estate Rentals $ 242,700 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

Page 74

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 $ 8,241,309 Regular Operating Expenses $ 446,789 Travel $ 97,340 Motor Vehicle Purchases $ 0 Equipment $ 27,369 Computer Charges $ 228,485 Real Estate Rentals $ 1,080,290 Telecommunications $ 190,190 Per Diem, Fees and Contracts $ 231,000 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) $ 411,509,725 Motor Fuel Tax Funds (Issued) $ 70,000,000 $ 481,509,725 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 42,803,478 Motor Fuel Tax Funds (New) $ 0 $ 42,803,478 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,

Page 75

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. 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

Page 76

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 $ 250,000 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 To Purchase Vehicle and Video Monitoring and Surveillance 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 City of Milan Renovations to the Milan Arts Center $ 25,000 Laurens County Board of Education Rent and Wiring of Modular Unit at S.W. Laurens Elementary School $ 10,000 Bleckley County Board of Education Construction of a Classroom Building $ 75,000

Page 77

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 Greenhouse $ 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 Worth County Board of Commissioners Additional Construction of Worth County Agricultural/Livestock Pavillion $ 25,000 Turner County Board of Education Equipment 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

Page 78

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 Vocational 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 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 To Purchase Modular Building for use as Technology Training Facility $ 40,000 Bibb County Preservation of Hay House $ 75,000

Page 79

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 Courthouse $ 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 Study and 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 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

Page 80

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 and Equipment for 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 Activities in the City of Quitman $ 15,000 Brooks County Repairs for Simmon Hill Community and Recreation Center $ 10,000 Bibb County Expansion and Improvements to the Macon Museum of Arts and Science $ 50,000 Hall County Operations of Mentoring Program $ 20,000 City of Gainsville Renovations to EE Butler Community Center $ 25,000 Mitchell County Construction of Agri-Center $ 25,000 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

Page 81

Sumter County Construction of New Recreation Complex $ 50,000 Brantley County Prosecution of Capital Offense Case and Courthouse Renovations $ 35,000 Butts County Courthouse Plans and 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 Equipment and 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 Family Crisis Center of Walker, Dade, Catoosa and Chattooga Counties Inc. $ 15,000 City of Madison Renovations to the 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 82

Fulton County Restorations 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 and Equip the 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

Page 83

Houston County Planning, Design and Site Acquisition of and Educational Facility $ 180,000 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 $ 37,000 Polk County Board of Education To Purchase Athletic Equipment $ 10,000 City of Cedartown Operating Expenses for the Downtown Development Authority $ 10,000 Coweta County Construction and Operation of Economic Development Information Center $ 50,000 Burke County Programs Supported by the the Burke Community Development Corporation $ 30,000 DeKalb County Construction and Operation of 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 Acquire and Operate Peach Library Literacy Mobile $ 62,000

Page 84

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 and Improvements $ 10,000 City of Greenville Old Greenville Depot Repairs $ 75,000 City of Comer To Purchase a Patrol Car $ 10,000 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

Page 85

Webster County Renovations to Webster County Courthouse $ 25,000 Miller County Renovation of Miller County Facility $ 20,000 Lowndes County Construction of Health Clinic $ 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 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 Revitalization of Downtown City of Americus $ 100,000 City of Jonesboro Downtown 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 Building Improvements 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 To Purchase Building for the Senior Citizens Center $ 100,000

Page 86

City of Warner Robins To Purchase Video Equipment 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 Clayton County Relocation, Renovation, Equipment, Furniture and Operating Expenses for ARTS Clayton $ 20,000 City of Morrow Parking 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 Irrigation System for Glenloch Soccer Field $ 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 Site Preparation at Industrial Park $ 50,000

Page 87

Jeff Davis County Operating Expenses for Jeff Davis County Hospital Authority $ 25,000 City of Toomsboro Improvements to Water System $ 40,000 Early County 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 City of Keysville Operation and Renovation of Municipal Building $ 15,000 Johnson County Board of Education Construction/Operation of School Facilities $ 150,000 Paulding County Board of Education Construction/Operation of School Facilities $ 60,000 Baldwin County Board of Education Litigation Fee for the Baldwin County Board of Education $ 50,000 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, sciences and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs.

Page 88

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 [Illegible Text] factor of 66.0% of the standards of need; such AFDC payments shall [Illegible Text] 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 Asst. Group Standards of Need Maximum Monthly 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, 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. 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 $172.95 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%.

Page 89

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%. It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. 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 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. 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.

Page 90

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. 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 ental retardation institutions ($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. In addition to all other appropriations for the State fiscal year ending June 30, 1996, there is hereby appropriated $9,500,000 to the Office of the

Page 91

Governor for transfer to budget units with appropriate powers for providing housing contracts, food service contracts, overtime payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 49. 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 contractural 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 50. 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 51. In addition to all other appropriations, there is hereby appropriated as needed, a specific sum of money equal to each refund authorized by law,

Page 92

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 52. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 53. 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 54. (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, 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.

Page 93

(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 55. 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 56. Section 57. 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, 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), $8,277,000 is specifically appropriated for the purpose of financing educational

Page 94

facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $93,000,000 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), $1,057,765 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 $11,885,000 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), $8,131,930 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 $91,370,000 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), $2,226,327 is specifically appropriated for the purpose of financing projects for the Department of Technical and Adult 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 $9,705,000 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), $182,005 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 $2,045,000 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), $1,780,000 is specifically appropriated for the Georgia Environmental

Page 95

Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewer facilities or systems, 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), $163,315 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 $1,835,000 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), $1,335,000 is specifically appropriated for the Department of Natural Resources, for the purpose of constructing, furnishing, and equipping a regional and cultural facility in Columbus, Muscogee County, 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 $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), $445,000 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 $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), $133,500 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), $135,346 is specifically appropriated for the purpose of financing projects

Page 96

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 $590,000 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), $178,000 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 $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), $534,000 is specifically appropriated for the purpose of financing facilities for the Georgia Golf Hall of Fame, 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 $6,000,000 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), $1,780,000 is specifically appropriated for the purpose of financing 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 $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), $126,170 is specifically appropriated for the purpose of financing 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 $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), $438,154 is specifically appropriated for the purpose of financing projects

Page 97

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 $1,910,000 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), $328,042 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 $1,430,000 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), $8,900,000 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 $100,000,000 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), $427,200 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 $4,800,000 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), $211,375 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 $2,375,000 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), $550,560 is specifically appropriated for the purpose of financing projects

Page 98

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 $2,400,000 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), $40,145 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 $175,000 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), $147,295 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 $1,655,000 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), $1,550,744 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 $6,760,000 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), $462,800 is specifically appropriated for the purpose of financing 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 $5,200,000 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), $68,820 is specifically appropriated for the purpose of financing facilities

Page 99

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 $300,000 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), $178,000 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 $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), $1,926,960 is specifically appropriated for the purpose of financing education facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $8,400,000 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), $178,000 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 $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), $480,600 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 $5,400,000 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), $29,815 is specifically appropriated for the purpose of financing Department of Technical and Adult Education, by means of the acquisition, construction, development, extension, enlargement, or improvement of

Page 100

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 $335,000 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), $221,610 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 $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), $178,000 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 $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. Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1996 $10,980,393,127 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. 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 16, 1996.

Page 101

WATERS OF THE STATE, PORTS, AND WATERCRAFT BOATING SAFETY ZONES; CERTAIN RESTRICTIONS ON OPERATION OF WATERCRAFT NOT APPLICABLE TO VESSELS ENGAGED IN CERTAIN ACTIVITIES. Code Section 52-7-13 Amended. No. 514 (Senate Bill No. 604). AN ACT To amend Code Section 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, so as to provide that certain restrictions on the operation of watercraft shall not apply to certain licensed events; 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 52-7-13 of the Official Code of Georgia Annotated, relating to boating safety zones, is amended by inserting at the end thereof the following: (f) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19. 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 16, 1996. ELECTIONS GENERAL PRIMARY DATE FOR 1996; POLLING PLACES OUTSIDE PRECINCT BOUNDARIES IN CERTAIN COUNTIES; USE OF CERTAIN BALLOTS IN GENERAL PRIMARY FOR 1996; GENERAL PRIMARY RUNOFF DATE FOR 1996. Code Title 21, Chapter 2 Amended. No. 516 (Senate Bill No. 192). AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, so as to change the date for the general

Page 102

primary in 1996; to provide for polling places outside precinct boundaries in certain counties; to provide for noncomformity as to date of election printed on ballots for the general primary in 1996; to provide for the date of the primary runoff in 1996; 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 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code, is amended in Code Section 21-2-150, relating to the date of the general primary and the date of the nonpartisan primary, by inserting a new subsection to be designated subsection (d) to read as follows: (d) In 1996, such primary shall be held on the second Tuesday in July. Notwithstanding any other provision of law to the contrary, any referendum, special election, or special primary which is required to be held on the third Tuesday in July, 1996, shall not be conducted on that date, but shall be held on the second Tuesday in July, 1996. SECTION 2. Said chapter is further amended by inserting in Code Section 21-2-265, relating to selection and change of polling places, a new subsection to be designated subsection (e) to read as follows: (e) Notwithstanding any other provision of law to the contrary, for the 1996 general primary, in counties with a population of 400,000 or more persons according to the United States decennial census of 1990 or any future such census, the superintendent may establish the polling place for a precinct outside the boundaries of the precinct if, by so doing, such polling place would better serve the needs of the voters for that primary. SECTION 3. Said chapter is further amended by inserting in Code Section 21-2-284, relating to the form of official primary ballot, a new subsection to be designated subsection (f) to read as follows: (f) Notwithstanding any other provision of law to the contrary, with respect to the general primary held in 1996, ballots which are in conformance to all provisions of this chapter except for the date of the election printed on the ballot may be used in the general primary. SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 21-2-501, relating to the proportion of the vote required for

Page 103

nomination in a primary and election in a special election or general election and run-off elections, and inserting in lieu thereof the following: (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that unless postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office, or by the superintendent in a runoff to fill a county or militia district office. With regard to the 1996 general primary runoff, such runoff shall be held on the twenty-eighth day following the 1996 general primary. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein; and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224. 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 4, 1996.

Page 104

RETIREMENT AND PENSIONS SUPERIOR COURT JUDGES RETIREMENT SYSTEM; MINIMUM AGE FOR RETIREMENT; BENEFITS; SERVICE. Code Sections 47-9-70 and 47-9-71 Amended. No. 518 (House Bill No. 506). AN ACT To amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, so as to provide that the minimum age for retirement shall be reduced from 65 to 60 years of age; to increase the maximum number of years of creditable service which may be used to calculate retirement benefits from 16 to 24 years; to change the minimum number of years' service required to qualify for retirement from 16 years of actual service to 16 years of creditable service; to change the method of calculating the reduction in benefits imposed for retiring with less than 16 years of service; to provide that members of such retirement system who have already retired at an age less than 65 but greater than 60 years and who are receiving a benefit reduced because of age shall be entitled to a benefit without such reduction; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to benefits under the Superior Court Judges Retirement System, is amended by striking in its entirety subsection (b) of Code Section 47-9-70, relating to retirement and eligibility for retirement benefits and related matters, which reads as follows: (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service, but the maximum monthly retirement benefit under this chapter shall be two-thirds of the state salary paid to superior court judges at the time of retirement, except as otherwise provided by subsection (c) of this Code section, and such maximum benefit shall be based on obtaining 16 years of creditable service and the attainment of age 65. A member who has at least ten years of creditable service but less than 16 and who is at least 60 years of age, but less than 65, may retire at a reduced benefit pursuant to Code Section 47-9-71 of this chapter. Any member obtaining 16 years of creditable service on or after November 1, 1982, who continues to serve as a superior court judge shall continue to make employee contributions to the fund until the member's retirement.,

Page 105

and inserting in lieu thereof the following: (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. A member retiring with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the state salary paid to superior court judges at the time of retirement; provided, however, that no member shall receive more than 24 years of creditable service. A member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-9-71. SECTION 2. Said article is further amended by striking in its entirety Code Section 47-9-71, relating to benefits payable upon early retirement, and inserting in lieu thereof the following: 47-9-71. (a) In lieu of retirement at the benefit level provided by subsection (b) of Code Section 47-9-70, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the retirement benefits provided by subsection (b) of Code Section 47-9-70. The percentage shall be the proportion which the number of actual years of service as a superior court judge bears to 16. In no event shall the benefits under this subsection exceed 75 percent of the retirement benefits provided in subsection (b) of Code Section 47-9-70. (b) For any judge of the superior courts becoming a member of this retirement system on or after November 1, 1982, and for any member of the retirement system in service on November 1, 1982, who benefits thereby, the monthly retirement benefit for early retirement shall be a percentage of the benefit under subsection (b) of Code Section 47-9-70, and such percentage shall be the proportion which the number of years of actual service as a superior court judge bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of actual service as a superior court judge or by one-fourth of 1 percent for each month the member lacks being 65 years of age, whichever reduction is greater. Any member of the retirement system in service on November 1, 1982, whose early retirement benefit is less under this subsection than under subsection (a) of this Code section shall be entitled to computation of early retirement benefits under subsection (a) of this Code section. (c) For any judge of the superior courts becoming a member of this retirement system on or after July 1, 1996, for any member of this

Page 106

retirement system in service on July 1, 1996, who benefits thereby, and for any retired member of this retirement system who retired on or prior to July 1, 1996, and whose retirement benefits are calculated pursuant to subsection (a) or (b) of this Code section and who benefits thereby, the monthly retirement benefit for early retirement shall be a percentage of the benefit under subsection (b) of Code Section 47-9-70, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16, but the benefit derived from such computation shall be reduced by one-fourth of 1 percent for each month less than 16 years of creditable service. Any member of this retirement system in service on July 1, 1996, and any retired member of this retirement system whose retirement benefits are calculated pursuant to subsection (a) of this Code section whose actual or projected early retirement benefit is less under this subsection than under subsection (a) or (b) of this Code section shall be entitled to computation of early retirement benefits under such subsection. Any increase in benefits available to judges who are retired on July 1, 1996, as a result of application of this Code section shall be prospective only. (d) A member may retire pursuant to subsection (b) or (c) of Code Section 47-9-70 or pursuant to subsection (a), (b), or (c) of this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, such member desires to be retired. SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1996.

Page 107

RETIREMENT AND PENSIONS SUPERIOR COURT JUDGES RETIREMENT SYSTEM; PARTIAL BENEFITS FOR MEMBER DISABLED AFTER TEN YEARS OF ACTUAL SERVICE AS SUPERIOR COURT JUDGE. Code Section 47-9-72 Amended. No. 519 (House Bill No. 679). AN ACT To amend Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses benefits under the Superior Court Judges Retirement System, so as to provide that a member who is disabled after ten years of actual service as a superior court judge may retire with two-thirds of the normal retirement benefit; to provide for applicability; to repeal conflicting laws; to provide conditions for an effective date and automatic repeal; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 9 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits, disability benefits, and spouses benefits under the Superior Court Judges Retirement System, is amended by striking in its entirety Code Section 47-9-72, relating to eligibility for disability benefits, and inserting in lieu thereof the following: 47-9-72. (a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70, unless the member would qualify for greater benefits under subsection (a) or (b) of Code Section 47-9-71, in which event that subsection would apply. (b) After obtaining a minimum of ten years of actual service as a superior court judge, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by subsection (b) of Code Section 47-9-70. This subsection shall be used to calculate the benefits of any member retiring pursuant to this Code section on, before, or after July 1, 1996; provided, however, that this subsection shall not be construed to authorize the payment of retroactive benefits.

Page 108

(c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become payable within 30 days after such disability is determined by the board. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 15, 1996. CRIMES AND OFFENSES CONCEALED WEAPONS; FIREARMS LICENSES; TRANSPORTATION OF FIREARMS; RECORDS CHECKS FOR FIREARMS LICENSE APPLICANTS. Code Title 16, Chapter 11, Article 4 Amended. No. 520 (Senate Bill No. 678). 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 change the provision relating to carrying a concealed weapon; to prohibit the concealed carrying of a pistol, revolver, or concealable firearm under certain conditions; to provide that licenses issued by other states which authorize the carrying of handguns will be recognized according to the terms thereof but only while a licenseholder is not a resident of Georgia; to provide that such licenses may be issued to members of the armed forces residing in this state; to change the time period relating to background checks relative to the Brady law; 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

Page 109

amended by striking in its entirety Code Section 16-11-126, relating to carrying a concealed weapon, and inserting in lieu thereof a new Code Section 16-11-126 to read as follows: 16-11-126. (a) A person commits the offense of carrying a concealed weapon when such person knowingly has or carries about his or her person, unless in an open manner and fully exposed to view, any bludgeon, metal knuckles, firearm, knife designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like character outside of his or her home or place of business, except as permitted under this Code section. (b) Upon conviction of the offense of carrying a concealed weapon, a person shall be punished as follows: (1) For the first offense, he or she shall be guilty of a misdemeanor; and (2) For the second offense, and for any subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year and not more than five years. (c) This Code section shall not permit, outside of his or her home, motor vehicle, or place of business, the concealed carrying of a pistol, revolver, or concealable firearm by any person unless that person has on his or her person a valid license issued under Code Section 16-11-129 and the pistol, revolver, or firearm may only be carried in a shoulder holster, waist belt holster, any other holster, hipgrip, or any other similar device, in which event the weapon may be concealed by the person's clothing, or a handbag, purse, attache case, briefcase, or other closed container. Carrying on the person in a concealed manner other than as provided in this subsection shall not be permitted and shall be a violation of this Code section. (d) This Code section shall not forbid the transportation of any firearm by a person who is not among those enumerated as ineligible for a license under Code Section 16-11-129, provided the firearm is enclosed in a case, unloaded, and separated from its ammunition. This Code section shall not forbid any person who is not among those enumerated as ineligible for a license under Code Section 16-11-129 from transporting a loaded firearm in any private passenger motor vehicle in an open manner and fully exposed to view or in the glove compartment of the vehicle; provided, however, that any person in possession of a valid permit issued pursuant to Code Section 16-11-129 may carry a handgun in any location in a motor vehicle. (e) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a

Page 110

license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state. SECTION 2. Said article is further amended by adding at the end of Code Section 16-11-128, relating to the crime of carrying a pistol without a license, a new subsection (c) to read as follows: (c) On and after October 1, 1996, a person licensed to carry a handgun in any state whose laws recognize and give effect within such state to a license issued pursuant to this part shall be authorized to carry a handgun in this state, but only while the licensee is not a resident of this state; provided, however, that such licenseholder shall carry the handgun in compliance with the laws of this state. SECTION 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-11-129, relating to licenses to carry pistols or revolvers, and inserting in lieu thereof the following: (a) Application for license; term. The judge of the probate court of each county may, on application under oath and on payment of a fee of $15.00, issue a license valid for a period of five years to any person whose domicile is in that county or who is on active duty with the United States armed forces and who is not a domiciliary of this state but who either resides in that county or on a military reservation located in whole or in part in that county at the time of such application, which license shall authorize that person to carry any pistol or revolver in any county of this state notwithstanding any change in that person's county of residence or state of domicile. Applicants shall submit the application for a license to the judge of the probate court on forms prescribed and furnished free of charge to persons wishing to apply for the license. Forms shall be designed to elicit information from the applicant pertinent to his or her eligibility under this Code section but shall not require data which is nonpertinent or irrelevant such as serial numbers or other identification capable of being used as a de facto registration of firearms owned by the applicant. The Department of Public Safety shall furnish application forms and license forms required by this Code section. The forms shall be furnished to each judge of each probate court within the state at no cost. SECTION 4. Said article is further amended by striking in its entirety paragraph (3) of subsection (c) of said Code section and inserting in lieu thereof the following:

Page 111

(3) Applications for renewal of licenses issued under this Code section shall be made to the judge of the probate court of the county in which the applicant is domiciled or, if the applicant is a member of the United States armed forces, the county in which he or she resides or in which the military reservation on which the applicant resides is located in whole or in part at the time of making the renewal application. In the case of an applicant for a renewal of a license, the judge of the probate court may, in his or her discretion, direct that the local county law enforcement agency request a search of the criminal history file and wanted persons file of the Georgia Crime Information Center by computer access from that county in lieu of transmitting the application and forms. SECTION 5. Said article is further amended by striking in its entirety subsection (f) of said Code section and inserting in lieu thereof the following: (f) License specifications. Licenses issued as prescribed in this Code section shall be printed on durable but lightweight card stock, and the completed card shall be laminated in plastic to improve its wearing qualities and to inhibit alterations. Measurements shall be 3 1/4 inches long, and 2 1/4 inches wide. Each shall be serially numbered within the county of issuance and shall bear the full name, residential address, birth date, weight, height, color of eyes, sex, and a clear print of the right index finger of the licensee. If the right index fingerprint cannot be secured for any reason, the print of another finger may be used but such print shall be marked to identify the finger from which the print is taken. The license shall show the date of issuance, the expiration date, and the probate court in which issued and shall be signed by the licensee and bear the signature or facsimile thereof of the judge. The seal of the court shall be placed on the face before the license is laminated. The reverse side of the license shall have imprinted thereon in its entirety Code Section 16-11-127. SECTION 6. Said article is further amended by striking in its entirety subsection (a) of Code Section 16-11-174, relating to electronic delays in Brady records checks, and inserting in lieu thereof the following: (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 Section 16-11-173, the bureau shall immediately notify the requesting licensee of the reason for, and estimated length of, such delay. After such notification, the center shall, as soon as possible but in no event later than noon of the next business day after the day the request is made, inform the licensee if its records indicate the buyer or transferee is

Page 112

prohibited from possessing or transporting a firearm by state or federal law or if a requested purchase of transfer is authorized. Unless notified by the morning of the next day after the request is made that the potential buyer or transferee is so prohibited, the licensee may complete the transaction and shall not be deemed in violation of this part. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1996. CIVIL PRACTICE AND CRIMINAL PROCEDURE CONTINUANCE OF PROCEEDINGS DUE TO PARTY'S OR ATTORNEY'S ATTENDANCE AT GENERAL ASSEMBLY. Code Sections 9-10-150 and 17-8-26 Amended. No. 521 (House Bill No. 1626). AN ACT To amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, and Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, so as to clarify the circumstances in which civil and criminal trial courts and administrative agencies shall grant continuances due to a party's or an attorney's attendance at the General Assembly; to provide for extensions of time for filing papers and doing other acts in cases where such a continuance is granted; 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 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuances of a civil trial, is amended by striking in its entirety Code Section 9-10-150, relating to attendance of a party or attorney at the General Assembly, and inserting in lieu thereof the following: 9-10-150. It shall be the duty of the judge of any trial court or administrative agency of this state to continue, on or without motion, any case in the court, any hearings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, the response to the motion, or answer to the suit is reached, be absent from the court

Page 113

by reason of his or her membership in the General Assembly or if lead counsel in such case shall be absent, by reason of his or her service on the staff of the Lieutenant Governor, Speaker of the House of Representatives, President Pro Tempore, Speaker Pro Tempore, or the chairperson of the Judiciary Committee or Special Judiciary Committee of the Senate or House of Representatives. Any such continuance shall last during the entire length of any regular or extraordinary session thereof and during the first three weeks of any recessed or adjourned regular or extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party, in the absence of his or her attorney, or the attorney, in the absence of the party, shall, on the call of the case or motion, announce ready to proceed with the trial or the motion; provided, however, that where there are several attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Notwithstanding any other provision of law, the period of time provided for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead counsel in the case and (2) it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case. SECTION 2. Article 2 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to continuances of a criminal trial, is amended by striking in its entirety Code Section 17-8-26, relating to a party or party's attorney in attendance at the General Assembly, and inserting in lieu thereof the following: 17-8-26. It shall be the duty of the judge of any trial court or administrative agency of this state to continue, on or without motion, any case in the court, any hearings on motions, and the response to any motion or suit, when any party thereto or his or her attorney shall, when the case or the time for the hearing, response to the motion, or answer to the suit is reached, be absent from the court by reason of his or her membership in the General Assembly. The continuance shall extend during the entire length of any regular or extraordinary session of the General Assembly and during the first three weeks of any recessed or adjourned regular of extraordinary session thereof, including the first three weeks immediately following any session adjourned sine die, unless the party in such absence of his or her attorney or the attorney in such absence of the party shall, on the call of the case or motion, announce ready to proceed with the trial or the motion. When a case, motion, or hearing is called and is subject to continuance because the party's attorney is a member of the General Assembly, the party shall not be required to be present at the call of the case, motion, or hearing. Where there are several

Page 114

attorneys engaged by a party, a continuance shall be granted upon a showing by the party or his or her other counsel that the absent counsel is necessary or desirable for the proper handling of the case. Notwithstanding any other provision of law and to the extent permitted by the Constitutions of the United States and the State of Georgia, the period of time for the doing of any act in a case in which a continuance is granted shall be automatically extended by the length of the continuance upon certification by the absent counsel that (1) he or she is lead counsel in the case and (2) it is necessary for him or her to attend to the matters for which an extension is granted for the proper handling of the case. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1996. RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; CALCULATION OF RETIREMENT BENEFITS; DUES FOR CERTAIN MEMBERS WHO HAVE OBTAINED 20 YEARS OF CREDITABLE SERVICE. Code Section 47-11-71 Amended. No. 522 (House Bill No. 845). AN ACT To amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the calculation of retirement benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits under the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking Code Section 47-11-71, relating to amount of retirement benefits, in its entirety and inserting in lieu thereof the following:

Page 115

47-11-71. (a)(1) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 prior to July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's average monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 years, except as provided in subsection (c) of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such judge of the probate court for purposes of determining retirement pay and no time prior to January 1, 1990, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such employee of the board for purposes of determining retirement pay. (2) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 on or after July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's final monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in subparagraph (F) of paragraph (5) of Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 years. No time for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service. (3) After obtaining 20 years of creditable service, a member who continues in service shall continue to pay dues in accordance with the provisions of Code Section 47-11-40. (b) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's spouse at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits.

Page 116

(c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court, employee of the board, and any secretary-treasurer of the fund who has served for a total of 20 years as judge of the probate court, employee of the board, or secretary-treasurer, or a combination of such service, and who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge, employee, or secretary-treasurer shall continue to serve as a judge of the probate court, employee of the board, or secretary-treasurer beyond 20 years of service. The average monthly net earnings of any such judge of the probate court, employee of the board, or secretary-treasurer retiring prior to July, 1, 1996, shall be added to the total monthly net earnings of such judge of the probate court, employee of the board, or secretary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limitations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40. (d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection. (e) Any other provision of law to the contrary notwithstanding, additional retirement benefits shall be paid to each person, including a surviving spouse, who was receiving benefits under this chapter on January 1, 1993, or who became entitled to receive benefits on or after January 1, 1993. Such additional benefits shall be annual cost-of-living benefits equal to the benefit a member would otherwise be entitled to receive as calculated pursuant to subsections (a) through (d) of this Code section and any benefits previously received as authorized by this subsection multiplied by the percentage of any increase in the Consumer Price Index of the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average, for the immediately preceding calendar year; provided, however, that such annual percentage increase in benefits shall not exceed 2 percent regardless of the percentage increase in the Consumer Price Index. In any year in which there is no percentage increase in such Consumer Price Index, no additional retirement benefits shall be paid under this subsection.

Page 117

SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 20, 1996. REVENUE AND TAXATION INTANGIBLE PERSONAL PROPERTY TAX REPEALED; INTANGIBLE PERSONAL PROPERTY DEFINED; CERTAIN REFERENCES TO INTANGIBLE PERSONAL PROPERTY TAX LAWS CHANGED; DISTRIBUTION OF TAX REVENUES; CERTAIN INTANGIBLE TAX PAYABLE WITH RESPECT TO SHORT-TERM NOTES REPEALED; CERTAIN LEGISLATION NOT REPEALED. Code Title 48 Amended. No. 524 (House Bill No. 6). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, known as the Georgia Public Revenue Code, so as to repeal the intangible personal property tax; to change the definition of the term intangible personal property as it applies to said title; to change certain references to the intangible personal property tax laws; to provide that certain provisions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law; to provide for related matters; to repeal certain intangible tax payable with respect to short-term notes; to provide for an effective date; to provide for applicability; to provide that this Act shall not repeal a certain other Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, known as the Georgia Public Revenue Code, is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relating to definitions used in the Georgia Public Revenue Code, and inserting in lieu thereof the following: (13) `Intangible personal property' means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured

Page 118

or unsecured; patent rights, copyrights, franchises, and any other classes and kinds of property defined by law as intangible personal property. SECTION 2. Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real property lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows: 48-6-8. (a) All revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner. (b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. (c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject of the intangible tax. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities.

Page 119

(d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article. SECTION 3. Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows: ARTICLE 2 48-6-20. As used in this chapter, the term: (1) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) `Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (3) `Depository financial institution' means a `bank' and a `savings and loan association.' (3.1) `Domesticated foreign corporation' means: (A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or (B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state. (4) `Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits. (5) `Restricted foreign intangibles' means all classifications of intangible personal property acquired and held in a foreign country incident to the conduct of the business of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or administrative guidance by the government of the foreign country

Page 120

which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country. (6) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. 48-6-21. Intangible personal property, for the purposes of ad valorem taxation, is classified as follows: (1) Money; (2) Collateral security loans; (3) Stocks; (4) Accounts receivable and notes not representing credits secured by real estate; (5) Bonds and debentures of all corporations; (6) Long-term notes secured by real estate; (7) Short-term notes secured by real estate; (8) Restricted foreign intangibles; (9) Patents, copyrights, franchises, and all other classes and kinds of intangible personal property not otherwise enumerated; or (10) Computer software as defined in Code Section 48-1-8. 48-6-22. The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profit-sharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code; (3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person;

Page 121

(4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjecte to tax in another state incident to the conduct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles; (5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term `corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or otherwise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Association, the Federal National Mortgage Association, and other corporations and associations established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or correspondent funds purchased and securities and other intangible assets sold under agreements to repurchase; (12) Customer's liabilities to depository financial institutions on acceptances outstanding to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property; (14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction;

Page 122

(15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state; and (16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization. 48-6-23. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, including all restricted foreign intangibles. The tax is not levied by this paragraph on intangible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign intangibles which are taxed in this paragraph and not otherwise; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corporations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of corporations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes. (b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter. 48-6-24. (a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible personal property classified for taxation as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer. (b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void

Page 123

as far as tax liability is concerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing business in the state shall not avoid liability for the tax imposed by this article. 48-6-25. Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corporation whose corporate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not otherwise be deemed to have a taxable situs in this state. 48-6-26. The taxable situs of all intangible trust property, if the trust was or is created by a resident of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death. 48-6-26.1. Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section. 48-6-27. (a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall: (1) Describe in detail each item of property (including exempt as well as taxable property, except obligations of the United States);

Page 124

(2) Give a description of the property in the form required by the commissioner; (3) Show the face value of each item of intangible personal property; (4) Show such other information pertaining to the return as reasonably required by the commissioner; and (5) Be filed with the commissioner on or before April 15 of each year. (b) The return shall be separately sworn to and shall be filed by every owner of the intangible personal property taxable under this article. (c) This Code section shall not apply to intangible personal property belonging to: (1) The United States; (2) This state or any political subdivision of this state; (3) A religious, educational, or charitable organization; (4) A trust exempt from federal income taxes under Section 401 of the Internal Revenue Code; or (5) A nonprofit cooperative association. (d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable. (e)(1) It is the intent of this subsection to carry into effect the constitutional authorization to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax. (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00. 48-6-28. Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money. 48-6-29. (a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf

Page 125

when so authorized by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs. (b) If a bank or trust company elects to make a return and pay the tax, any person having money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money. (c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer. 48-6-30. In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as required by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned. 48-6-31. Every foreign corporation doing business or owning property in this state and each domestic corporation, when the stocks and bonds of the foreign or domestic corporation are subject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form required by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 immediately preceding the date of the return. 48-6-32. Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section. 48-6-33. Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is subject to the tax imposed by this article.

Page 126

48-6-34. As soon as practicable after receipt of the returns of intangible personal property as required by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed. 48-6-35. (a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-6-34 to the various tax commissioners or tax receivers according to the situs of the property, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commissioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county. (b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections. (c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article. 48-6-36. Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his services to his usual commissions as though he himself made the assessment. 48-6-37. The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner or tax collector and subject to all the remedies provided by law for enforcement or collection of real and tangible personal property taxes. 48-6-38. In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the tax commissioner or tax collector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and

Page 127

shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring an action on the bond and shall distribute the amount recovered pursuant to Code Sections 48-6-39, 48-6-40, and 48-6-41. 48-6-39. The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intangible personal property between the state and the various local tax districts in the manner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. 48-6-40. Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities. 48-6-41. In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article.

Page 128

48-6-42. The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes. 48-6-43. The intangible personal property tax digest, returns, and related records shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding. 48-6-44. (a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor., and inserting in lieu thereof the following: ARTICLE 2 RESERVED. SECTION 4. Said title is further amended by striking in its entirety Code Section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code Section 48-6-63 to read as follows: 48-6-63. Reserved. SECTION 5. Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows: (a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property. SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-6-72, relating to collection and distribution of revenues

Page 129

from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions in the same manner as provided in Code Section 48-6-8. SECTION 7. Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows: 48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same manner as provided in Code Section 48-6-8. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties. SECTION 8. Said title is further amended by striking in its entirety division (b)(7)(A)(ii) of Code Section 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b)(7)(A)(ii) to read as follows: (ii) No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. As used in this division, the term: (I) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (II) `Depository financial institution' means a `bank' or a `savings and loan association.' (III) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of

Page 130

this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;. SECTION 9. 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. The provisions of this Act shall not repeal any provision of HB 1101 if HB 1101 is passed at the 1996 regular session of the General Assembly, becomes law, and becomes effective. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1996. REVENUE AND TAXATION INTANGIBLE PERSONAL PROPERTY TAX REPEALED; INTANGIBLE PERSONAL PROPERTY DEFINED; CERTAIN REFERENCES TO INTANGIBLE PERSONAL PROPERTY TAX LAWS CHANGED; DISTRIBUTION OF TAX REVENUES; CERTAIN INTANGIBLE TAX PAYABLE WITH RESPECT TO SHORT-TERM NOTES REPEALED; EFFECTIVENESS CONDITIONED UPON APPROVAL OF CONSTITUTIONAL AMENDMENT; CERTAIN LEGISLATION SUPERSEDED BUT NOT REPEALED. Code Title 48 Amended. No. 525 (House Bill No. 1101). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, known as the Georgia Public Revenue Code, so as to repeal the intangible personal property tax; to change the definition of the term intangible personal property as it applies to said title; to change certain references to the intangible personal property tax laws; to provide that certain provisions of former laws relating to intangible personal property taxes shall be applicable to other provisions of law; to provide for related matters; to repeal certain intangible tax payable with respect to short-term notes; to provide for an effective date; to provide for applicability; to provide that this Act shall not repeal but shall supersede and control over certain other Acts; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Page 131

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, known as the Georgia Public Revenue Code, is amended by striking in its entirety paragraph (13) of Code Section 48-1-2, relating to definitions used in the Georgia Public Revenue Code, and inserting in lieu thereof the following: (13) `Intangible personal property' means the capital stock of all corporations; money, notes, bonds, accounts, or other credits, secured or unsecured; patent rights, copyrights, franchises, and any other classes and kinds of property defined by law as intangible personal property. SECTION 2. Said title is further amended by striking in its entirety Code Section 48-6-8, relating to the distribution of tax revenues among state, municipalities, and counties where real property lies, and inserting in lieu thereof a new Code Section 48-6-8 to read as follows: 48-6-8. (a) All revenues derived from the tax imposed by this article shall be distributed among the state and municipalities in which the real property is situated and the county in which the real property is situated in accordance with this Code section. If the real property is situated in more than one county, the appropriate portion of the tax shall be equitably divided among the counties by the commissioner. (b) The tax commissioner or tax collector, on the basis of the tax commissioner's or tax collector's records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected under this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. (c) Revenue derived from taxes under this article shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the real property which is the subject of the intangible tax. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the subject of the intangible tax. The revenue distributed to municipalities having independent school systems

Page 132

supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating tax authority bears to the aggregate millage rate of all the participating tax authorities. (d) In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article. SECTION 3. Said title is further amended by striking in its entirety Article 2 of Chapter 6, relating to the intangible personal property tax, which reads as follows: ARTICLE 2 48-6-20. As used in this chapter, the term: (1) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) `Collateral security loan' means a loan held by any broker which represents credit extended in connection with the purchase or sale of stocks, bonds, or other securities of a like character held as collateral security for the loan. (3) `Depository financial institution' means a `bank' and a `savings and loan association.' (3.1) `Domesticated foreign corporation' means: (A) A foreign corporation which, prior to April 1, 1969, has domesticated in this state under the procedure available prior to that date and which was a domesticated foreign corporation on that date; or (B) A foreign corporation which has procured a certificate of authority to transact business in this state from the Secretary of State and which maintains its corporate headquarters in this state. (4) `Money' means specie, currency, and credits resulting from the deposit of money, currency, checks, bills, and other evidences of the credits.

Page 133

(5) `Restricted foreign intangibles' means all classifications of intangible personal property acquired and held in a foreign country incident to the conduct of the business of insurance within the foreign country if the intangible personal property is held in the foreign country pursuant to laws or regulations of the foreign country or administrative guidance by the government of the foreign country which prohibit or restrict the transfer of said property outside of the jurisdiction of the foreign country. (6) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form. 48-6-21. Intangible personal property, for the purposes of ad valorem taxation, is classified as follows: (1) Money; (2) Collateral security loans; (3) Stocks; (4) Accounts receivable and notes not representing credits secured by real estate; (5) Bonds and debentures of all corporations; (6) Long-term notes secured by real estate; (7) Short-term notes secured by real estate; (8) Restricted foreign intangibles; (9) Patents, copyrights, franchises, and all other classes and kinds of intangible personal property not otherwise enumerated; or (10) Computer software as defined in Code Section 48-1-8. 48-6-22. The tax imposed by this article shall not apply to: (1) Obligations or evidences of debt of the United States or of this state or its political subdivisions or public institutions. Such obligations and evidences of debt shall include obligations of the United States government agencies and corporations established by acts of the Congress of the United States as well as industrial development revenue bonds issued pursuant to the laws of this state; (2) Intangible personal property owned by a trust forming part of a pension, profit-sharing, or stock bonus plan exempt from federal income taxes under Section 401 of the Internal Revenue Code;

Page 134

(3) Intangible personal property owned by or irrevocably held in trust for the exclusive benefit of a religious, educational, or charitable institution, no part of the net profit from the operation of which inures to the benefit of any private person; (4) Intangible personal property owned by a person domiciled in this state which has acquired a taxable situs and is subjected to tax in another state incident to the conduct of business located in the other state, except that this paragraph shall not apply to restricted foreign intangibles; (5) Common voting stock of a subsidiary corporation not doing business in this state if at least 90 percent of the common voting stock is owned by a domestic corporation with its principal place of business in this state and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through the subsidiary; (6) Stock of a corporation organized under the laws of this state if the corporation pays all taxes in this state as provided by law. For purposes of this paragraph, the term `corporation' also means any depository financial institution; (7) Stock of a domesticated foreign corporation if the corporation pays to this state or its political subdivisions all taxes as provided by law; (8) Assets representing mandatory reserve requirements imposed, by statute or otherwise, on depository financial institutions subject to the tax on intangible property; (9) Stock of the Federal Reserve Bank, the Government National Mortgage Association, the Federal National Mortgage Association, and other corporations and associations established by acts of the Congress of the United States; (10) Mandatory deposits with the Federal Reserve Bank or others required by statute or regulations; (11) Federal or correspondent funds sold and securities and other intangible assets purchased under agreements to resell to the extent they are offset by federal or correspondent funds purchased and securities and other intangible assets sold under agreements to repurchase; (12) Customer's liabilities to depository financial institutions on acceptances outstanding to the extent they are offset by liabilities of depository financial institutions on acceptances executed and outstanding; (13) Receivables arising from the lease of tangible personal property, provided that tangible property tax is due upon such property;

Page 135

(14) Intercompany loans or advances from a parent corporation to a subsidiary, or vice versa, or from one subsidiary to another subsidiary, provided that the parent corporation owns, either directly or through other subsidiaries, more than 90 percent of the common voting stock of any subsidiary which is a party to any such transaction; (15) Intangible personal property owned by an international banking agency or domestic international banking facility licensed to do business in this state; and (16) Stock held in a foreign corporation which was a party to a reorganization prior to January 1, 1992, under the provisions of Part 19 of Article 2 of Chapter 1 of Title 7 if the stock of another corporation which was a party to such reorganization and which was acquired in such reorganization was exempt from such tax prior to such reorganization. 48-6-23. (a) A property tax is levied annually as of January 1 of each year at the following rates: (1) Ten cents upon each $1,000.00 of the fair market value of all personal property classified for taxation as intangible personal property in Code Section 48-6-21, including all restricted foreign intangibles. The tax is not levied by this paragraph on intangible personal property classified as collateral security loans, long-term notes secured by real estate, or stocks, bonds, and debentures; except for restricted foreign intangibles which are taxed in this paragraph and not otherwise; (2) Twenty-five cents upon each $1,000.00 of the fair market value of all collateral security loans; (3) One dollar upon each $1,000.00 of the fair market value of all stocks in all corporations except those specifically exempted by law; and (4) One dollar upon each $1,000.00 of the fair market value of all bonds and debentures of all corporations. The tax rate upon notes of corporations, other than long-term notes secured by real estate, shall be the rate specified in paragraph (1) of subsection (a) of this Code section, regardless of the maturity date of any such note or notes. (b) Long-term notes secured by real estate, as defined in Article 3 of this chapter, shall be recorded and taxed as provided in Article 3 of this chapter. 48-6-24. (a) The taxes imposed by Code Section 48-6-23 shall be in lieu of all other state, county, municipal, and district property taxes on intangible

Page 136

personal property classified for taxation as specified in this article. All intangible personal property not otherwise exempted shall be taxed without deduction of any indebtedness or liability of the taxpayer. (b) A sale or transfer of accounts receivable or of notes not representing credits secured by real estate to a nonresident of this state shall be void as far as tax liability is concerned. Sales or transfers to nonresidents of accounts receivable or notes retaining any interest whatever by the seller shall be void with respect to tax liability. The physical removal of such accounts receivable and notes from the state by any person doing business in the state shall not avoid liability for the tax imposed by this article. 48-6-25. Every resident and nonresident person is subject to the tax imposed by this article on as much of his property taxable under this article as has been acquired in the conduct of, or has been used incident to, business carried on or property located in this state. Each such person shall report the property and pay taxes on the property as provided in this article. Stock of a foreign subsidiary corporation held by a foreign parent corporation whose corporate headquarters are located in this state will not be deemed to have been acquired in the conduct of, or used incident to, business carried on or property located in this state, and the stock of such foreign subsidiary corporation will not otherwise be deemed to have a taxable situs in this state. 48-6-26. The taxable situs of all intangible trust property, if the trust was or is created by a resident of this state, is fixed and declared, if the settlor or maker is living, to be the county of this state of which the settlor or maker of the trust is a resident or, if the settlor or maker is deceased, the county of this state of which the settlor or maker of the trust was a resident at the time of his death. 48-6-26.1. Notwithstanding any other provision of law to the contrary, the commissioner shall grant, upon written request, an extension of four months for filing returns, declarations, or other documents required under this article whenever, in the reasonable exercise of his judgment, a good cause for the extension exists. The commissioner shall keep a record of every extension granted and the reason for the extension. No such extension shall operate to delay the payment of a tax unless a bond satisfactory to the commissioner is posted. The commissioner shall by rule and regulation provide for the administration of this Code section.

Page 137

48-6-27. (a) Every person owning intangible personal property classified for taxation under this article shall file a return of such property. The return shall: (1) Describe in detail each item of property (including exempt as well as taxable property, except obligations of the United States); (2) Give a description of the property in the form required by the commissioner; (3) Show the face value of each item of intangible personal property; (4) Show such other information pertaining to the return as reasonably required by the commissioner; and (5) Be filed with the commissioner on or before April 15 of each year. (b) The return shall be separately sworn to and shall be filed by every owner of the intangible personal property taxable under this article. (c) This Code section shall not apply to intangible personal property belonging to: (1) The United States; (2) This state or any political subdivision of this state; (3) A religious, educational, or charitable organization; (4) A trust exempt from federal income taxes under Section 401 of the Internal Revenue Code; or (5) A nonprofit cooperative association. (d) Money belonging to a person residing outside this state (except as provided in Code Section 48-6-25) shall be neither returnable nor taxable. (e)(1) It is the intent of this subsection to carry into effect the constitutional authorization to exempt from the return and payment requirements of this article those returns on which the tax due exceeds the reasonable cost of administering the tax. (2) No return need be filed pursuant to this Code section nor tax paid as required by this article if the amount of tax due on all intangible property owned in whole or in part by the person liable for the tax is less than $20.00. 48-6-28. Any person including, but not limited to, an agent holding money belonging to others may make returns for the other persons and may pay the tax on the money as provided in this article when so authorized by the person owning the money.

Page 138

48-6-29. (a) Any bank or trust company organized under the laws of this state or of the United States and having on deposit money subject to taxation under this article may make a return to the commissioner of the aggregate amount of money on deposit with the bank owned by a taxpayer and may pay the tax on the money on the taxpayer's behalf when so authorized by the taxpayer. A return by a bank or trust company shall state the aggregate amount of money it has on deposit which is subject to taxation under this article and which is owned by the taxpayer authorizing the bank to make the return. The return shall state also the amount of money having a taxable situs in each county, municipality, or special tax district in which any of the money has a taxable situs. (b) If a bank or trust company elects to make a return and pay the tax, any person having money on deposit on which the bank has made a return and paid the taxes shall be deemed to have made a return of his money for taxation if he states in his return the name of the bank or trust company authorized to make a return of his money for taxation and to pay the tax on the money. (c) The amount of tax paid by any bank for a taxpayer shall be charged to the account of the taxpayer. 48-6-30. In addition to all other penalties and interest provided by law, every taxpayer failing to return for taxation all intangible personal property which it is his duty to return as required by this article shall pay a penalty, as part of the tax imposed by this article, in an amount equal to 25 percent of the original tax on property not returned. 48-6-31. Every foreign corporation doing business or owning property in this state and each domestic corporation, when the stocks and bonds of the foreign or domestic corporation are subject to tax under this article, shall make on or before March 1 of each year a true, correct, and verified report to the commissioner. The report shall give in the form required by the commissioner the names and addresses of persons in this state who held its shares of stock or its registered bonds on the immediately preceding January 1 and, in addition, a list of stock (or, in the case of a domestic corporation, preferred stock) or registered bonds transferred from such persons between November 1 and January 1 immediately preceding the date of the return. 48-6-32. Willful failure to return any property to the commissioner for taxation as required by this article shall be a bar to any action upon the property in any court and may be pleaded as a complete defense to the action, but

Page 139

the holder of the property may at any time pay all taxes, accrued interest, and penalties. Payment in full shall relieve the holder from the penalty provided in this Code section. 48-6-33. Intangible personal property transferred prior to January 1 to avoid the tax imposed by this article or to secure a reduction in the rate of the tax imposed by this article is subject to the tax imposed by this article. 48-6-34. As soon as practicable after receipt of the returns of intangible personal property as required by this article, the commissioner shall examine each return and fix the value of that property contained in the return which can be centrally assessed. 48-6-35. (a) The commissioner shall certify the assessments fixed pursuant to Code Section 48-6-34 to the various tax commissioners or tax receivers according to the situs of the property, such certification to be made with respect to all property listed on returns where the property is assessed for at least $5.00 or where the commissioner determines that the final assessment on all property owned in whole or in part by the taxpayer would be for at least $5.00. Each tax commissioner or tax receiver shall record the value certified by the commissioner, shall assess all property certified but not assessed, and shall cause the aggregate assessments so fixed to be entered on a separate intangible personal property tax digest of the county. (b) At or before the time certification is made to local officials, the commissioner shall notify the taxpayer of the assessment. The taxpayer shall have 15 days within which he may offer objections. (c) The commissioner, in the event of an error, may make a corrected certification. In no event shall such a correction be made after the tax has become delinquent under this article. 48-6-36. Notwithstanding the fact that the assessment of all intangible personal property is fixed by the commissioner, the tax receiver or tax commissioner shall be entitled for his services to his usual commissions as though he himself made the assessment. 48-6-37. The taxes on property imposed by this article at the rates fixed in this article shall be collected by the tax commissioners or tax collectors, subject to the provisions of law as to remuneration of the tax commissioner

Page 140

or tax collector and subject to all the remedies provided by law for enforcement or collection of real and tangible personal property taxes. 48-6-38. In all applications to restrain or enjoin the collection of any tax imposed by this article, the judge, should he grant a restraining order or temporary injunction, shall require the petitioner to give a good and sufficient bond payable to the tax commissioner or tax collector in double the amount of the tax the collection of which is sought to be enjoined. The bond shall be approved by the clerk of superior court and shall be conditioned to pay the tax in the event the petitioner does not finally prevail in his effort to resist the payment of the tax. If the petitioner does not finally prevail, the tax commissioner or tax collector shall bring an action on the bond and shall distribute the amount recovered pursuant to Code Sections 48-6-39, 48-6-40, and 48-6-41. 48-6-39. The tax commissioner or tax collector, on the basis of his records and of certificates which shall be supplied by each school district, municipality, and other tax district in the county, shall distribute at least monthly the revenue collected from each owner of intangible personal property between the state and the various local tax districts in the manner provided in this article. Each year the millage rates used in the distributions of revenue under this Code section shall be based upon the immediately preceding year's millage rate of each participating tax authority as provided in this article. 48-6-40. Revenue derived from taxes on intangible personal property shall be divided among the state and all other tax jurisdictions and districts including, but not limited to, county and municipal districts, which levy or cause to be levied for their benefit a property tax on real and tangible personal property having the same taxable situs as the intangible personal property from which the revenue is derived. The distribution shall be made according to the proportion that the millage rate levied for the state and each other tax jurisdiction or district respectively bears to the total millage rate levied for all purposes applicable to real and tangible personal property having the same taxable situs as the intangible personal property on which the intangible tax was collected. The revenue distributed to municipalities having independent school systems supported by taxes levied by the municipality shall be divided between the municipality and the independent school system according to the proportion that the millage rate levied by the municipality for nonschool purposes and the millage rate levied for school purposes bear to the total millage rate levied by the municipality for all purposes. The tax levied by this article shall be deemed to be levied by the participating tax authorities in the proportion that the millage rate of each participating

Page 141

tax authority bears to the aggregate millage rate of all the participating tax authorities. 48-6-41. In the event any distribution or part of a distribution as provided in this article is adjudged to be invalid for any reason, such distribution or part of a distribution shall be paid into the general fund of the state in the same manner and for the same purposes as provided in this article for the state's share of the revenues derived from the tax imposed by this article. 48-6-42. The schedules required by this article to be filed with the commissioner shall be subject to hearings and appeals in all respects as provided by law for income taxes. 48-6-43. The intangible personal property tax digest, returns, and related records shall be confidential and shall not be subject to inspection by any person other than authorized personnel of appropriate tax administrators. Nothing in this Code section, however, shall prevent any disclosure necessary or proper to the collection of any tax in any administrative or court proceeding. 48-6-44. (a) It shall be unlawful for any person willfully to violate any provision of this article or willfully to fail to do any act required of him by this article. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor., and inserting in lieu thereof the following: ARTICLE 2 RESERVED. SECTION 4. Said title is further amended by striking in its entirety Code Section 48-6-63, relating to ad valorem taxation of short-term notes secured by real estate, and inserting in lieu thereof a new Code Section 48-6-63 to read as follows: 48-6-63. Reserved. SECTION 5. Said title is further amended by striking subsection (a) of Code Section 48-6-64, relating to tax on certain notes, and inserting in its place a new subsection (a) to read as follows:

Page 142

(a) The tax required by this article to be paid on instruments securing long-term notes secured by real estate shall be exclusive of all other taxes on the notes. Such intangible property shall not be taxed in any manner other than as provided in this article by the state, any county, or any municipality, nor shall the owner or holder of the property be required to pay any other tax on the property. SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 48-6-72, relating to collection and distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The intangible recording tax imposed by Code Section 48-6-61 upon instruments securing long-term notes secured by real property shall be collected by the collecting officer of each county and said officer shall make the distributions in the same manner as provided in Code Section 48-6-8. SECTION 7. Said title is further amended by striking in its entirety Code Section 48-6-74, relating to the distribution of revenues from the intangible recording tax, and inserting in lieu thereof a new Code Section 48-6-74 to read as follows: 48-6-74. All revenues derived from the intangible recording tax imposed by this article including, but not limited to, revenues from any imposition of the tax upon intangible trust property shall be distributed among the state, county, and municipality in which the real property is located in the same manner as provided in Code Section 48-6-8. If the real property is located in more than one county, the appropriate portion of the intangible recording tax shall be distributed equitably by the commissioner among the affected counties. SECTION 8. Said title is further amended by striking in its entirety division (b)(7)(A)(ii) of Code Section 48-7-21, relating to the taxation of corporations for income tax purposes, and inserting in lieu thereof a new division (b)(7)(A)(ii) to read as follows: (ii) No depository financial institution shall be deprived of the benefit of any exemption, deduction, or credit authorized by this title as a consequence of its election to file otherwise lawful consolidated returns with its parent organization or any corporate subsidiaries with respect to any state or local tax levied against such depository financial institution as a result of this title. As used in this division, the term:

Page 143

(I) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (II) `Depository financial institution' means a `bank' or a `savings and loan association.' (III) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form;. SECTION 9. This Act shall become effective on January 1, 1997, and shall be applicable to all taxable years beginning on or after January 1, 1996; provided, however, that this Act shall only become effective on January 1, 1997, upon the ratification of House Resolution 734 at the November, 1996, state-wide general election, which resolution authorizes the General Assembly by general law to repeal any intangible personal property tax without approval in a referendum. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997. The provisions of this Act shall not repeal but shall supersede and control over any conflicting provisions of any other Act enacted at the 1996 regular session of the General Assembly, including, but not limited to, HB 6. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved March 21, 1996. ELECTIONS MUNICIPAL ELECTIONS; QUALIFYING PERIODS. Code Section 21-3-91 Amended. No. 530 (House Bill No. 1252). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the designation of the qualifying period by municipal superintendents; to provide for a minimum and maximum number of days for qualifying; to provide that such days shall be consecutive; to provide the earliest commencement date and latest ending date for qualifying periods for general elections; to provide the latest ending date

Page 144

for qualifying periods for special elections; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in its entirety subsection (a) of Code Section 21-3-91, relating to filing notices of candidacy, certificates of nomination, affidavits, and filings by candidates nominated by petition, and inserting in lieu thereof the following: (a) Except for a candidate nominated by nomination petition provided for in subsection (f) of this Code section, each candidate or a designee shall file a notice of candidacy in the office of the municipal governing authority of such candidate's municipality during the municipality's qualifying period. Each municipal governing authority shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall comply with the following: (1) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end 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, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and (3) In the case of a special election, the municipal qualifying period shall end no less than 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.

Page 145

SECTION 2 Any consolidated government effective on January 1, 1996 is exempted from this Act. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1996. ELECTIONS QUALIFYING; NOMINATION PETITIONS; REGISTRARS; VOTER REGISTRATION; DEPUTY REGISTRARS; ELECTOR DATA AND INFORMATION; PRECINCT BOUNDARIES; FORM OF BALLOT AND BALLOT LABEL; VOTER'S CERTIFICATE; ASSISTANCE FOR CERTAIN VOTERS; ELECTRONIC FILING OF ELECTION RESULTS; PRESIDENTIAL ELECTORS; SPECIAL ELECTION DATES; NOTICE OF CANDIDACY FOR MUNICIPAL ELECTION; LIST OF ELECTORS FOR MUNICIPALITY. Code Title 21 Amended. No. 531 (House Bill No. 1518). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for qualifying on legal holidays; to exempt nonjudicial candidates in nonpartisan primaries or elections from filing nomination petitions; to change provisions relating to the terms of registrars; to provide for registration of voters who are not county residents by deputy registrars; to provide for deputy registrars who are the designees of principals or assistant principals of high schools and presidents of state supported technical institutes; to provide for the storing of registration cards in secure areas other than the main office of the board of registrars in certain circumstances; to provide for the use of the electronic image of a voter's signature; to provide for rules and regulations regarding the electronic transmission of voter registration applications and signatures; to provide for the validity of electronically transmitted signatures; to change the registration deadline for certain special primaries and special elections; to provide a deadline for the receipt of mail voter registration applications for certain special primaries and special elections; to eliminate the duty of the board of registrars to furnish data maintained on electors; to provide that the Secretary of State shall establish the cost for such data and to authorize the Secretary of State to contract with private vendors regarding such data; to provide for obtaining data regarding deaths from the commissioner of human resources; to change provisions relating to comparing the electors list with change of address information supplied by

Page 146

the postal service; to change provisions relating to changing the boundaries of precincts and to eliminate obsolete provisions related thereto; to provide for the form of the ballot and ballot label as to nonjudicial candidates in nonpartisan primaries and elections; to revise the voter's certificate; to change provisions relating to assistance for physically disabled voters; to authorize filing the results of primaries and elections electronically; to provide that a slate of presidential electors shall receive the highest number of votes cast to be elected; to provide for the holding of certain special elections on dates other than statutorily specified dates; to provide for conditions and limitations; to change the date for filing notices of candidacy for candidates in municipal elections; to provide the earliest date for filing such notices of candidacy; to clarify provisions relating to the delivery of a copy of the list of electors of a municipality by the county board of registrars; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking in their entirety subsections (b.1) and (d) of Code Section 21-2-132, relating to notices of candidacy, nomination petitions, qualifying fees, and pauper's affidavits, and inserting in lieu thereof the following: (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, notwithstanding the fact that any such days may be legal holidays; 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

Page 147

on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking nomination or election in a nonpartisan primary or election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. SECTION 2. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a primary, and inserting in lieu thereof the following: (c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary. SECTION 3. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 21-2-212, relating to county registrars, and inserting in lieu thereof the following:

Page 148

(a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. Any registrar shall have the right to resign at any time by submitting a resignation to such judge. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section. (b) The first appointees under this article shall take office on July 1, 1965, for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years next thereafter. The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, shall submit to the judge the list of names as provided in subsection (a) of this Code section. Such list shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that a registrar holds over beyond the end of the registrar's term of office due to the failure to have a

Page 149

successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office. SECTION 4. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-213, relating to county deputy registrars, clerical help, and chief deputy registrars, and inserting in its place the following: (b) The board of registrars in each county may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the purpose of registering voters and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed. SECTION 5. Said title is further amended by striking in their entirety subsections (g) and (h) of Code Section 21-2-215, relating to the main office of the board of registrars, staffing, location, business hours, additional registration places, educators' duties, and digitization system for registration cards, and inserting in lieu thereof the following: (g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, the president of each state supported technical institute in this state, and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from those qualified applicants who are enrolled students within the principal's school or the president's college, university, or institute or who are employed by the private high school, the school system, the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, university, or institute is located. Such principals, assistant principals, presidents, and their designees shall inform their students and employees of the availability of such voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the president of each state supported technical institute are authorized to invite other deputy registrars to the school, college, university, or institute for the purpose of conducting voter registration. (h) The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured

Page 150

and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent additional voter registration places established under this Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. However, in counties in which a computer system for the electronic imaging of the entire voter registration card or the signature of the voter is operational and permits the registrars to view the signature of the voter electronically, the completed registration cards may be stored in a secure area outside of the main office of the board of registrars, provided that such cards may be retrieved within a reasonable time in the event that the actual card is needed. The electronic image of the voter's signature may be used by the registrars in the same manner as the original signature on the voter registration card to verify absentee ballot applications, absentee ballots, petitions, and other documents which require the registrars to compare the signature of the voter on the document to the signature on the voter's registration card. SECTION 6. Said title is further amended by inserting in Code Section 21-2-221, relating to the driver's license or identification application as application for voter registration, a new subsection to be designated subsection (h) to read as follows: (h) The Secretary of State and the commissioner of public safety shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application. SECTION 7. Said title is further amended by striking in their entirety subsections (b) and (c) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, the official list of electors, and the voting procedure when county boundaries are changed, and inserting in lieu thereof the following: (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:

Page 151

(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 fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. SECTION 8. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-225, relating to confidentiality of registration applications, limitations on registration data available for public inspection, and data made available by the Secretary of State, and inserting in its place the following: (c) It shall be the duty of the Secretary of State 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 electronic media or computer run list or both. Notwithstanding any

Page 152

other provision of law to the contrary, the Secretary of State shall establish the cost to be charged for such data. The Secretary of State may contract with private vendors to make such data available in accordance with this subsection. Such data may not be used by any person for commercial purposes. SECTION 9. Said title is further amended by striking in its entirety subsection (c) of Code Section 21-2-231, relating to lists of persons convicted of felonies, persons declared mentally incompetent, and deceased persons and removal of names from the list of electors, and inserting in its place the following: (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. SECTION 10. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-233, relating to the comparison of the electors list with change of address information supplied by the postal service and notice to electors, and inserting in its place the following: (a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed. SECTION 11. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-261, relating to changes in precinct boundaries and creation of new precincts, and inserting in its place the following: (a) The superintendent of a county may, as provided in Code Section 21-2-262, divide or redivide any precinct in that county into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct in that county, or form a precinct out of two or more adjoining precincts or parts of precincts in that county, or consolidate adjoining precincts in that county, so as to suit the convenience of the electors and to promote the public interests.

Page 153

SECTION 12. Said title is further amended by striking in their entirety subsections (b) and (e) of Code Section 21-2-261.1, relating to boundary requirements for precincts established or altered on or after a specified date, and redesignating the remaining subsections so that Code Section 21-2-261.1 reads as follows: 21-2-261.1. (a) All voting precincts established or altered on or after April 15, 1994, shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities. (b) The superintendent shall notify the board of registrars within ten days after such changes are adopted. (c) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each superintendent shall file with the Secretary of State a current copy of a map of all precincts in the county. Thereafter the superintendent shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state.

Page 154

SECTION 13. Said title is further amended by striking in its entirety Code Section 21-2-262, relating to petitions for division of precincts or alterations of precinct boundaries, and inserting in lieu thereof the following: 21-2-262. (a) The superintendent may upon his or her own motion direct the board of registrars to investigate the division or redivision of a precinct into two or more precincts, or the alteration of the bounds of any precinct, or the formation of one or more precincts out of two or more existing precincts or parts thereof or the consolidation of adjoining precincts. The board of registrars shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which conforms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft of the new election precinct or precincts proposed by it. (a.1) Upon the petition of 20 electors or of the county executive committee of a political party to the superintendent of the county, praying for the division or redivision of a precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, the superintendent shall refer such petition to the board of registrars, which shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which conforms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft of the new election precinct or precincts proposed by it. Such petitions may specify the boundaries desired by the petitioners and may be accompanied by a map setting forth such boundaries. (b) The board of registrars may also petition the superintendent for the division or redivision of any precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof,

Page 155

or for the consolidation of adjoining precincts, accompanying its petition by a description of the proposed new precincts and by a map, plat, or draft thereof. (c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its report and recommendations as to any investigation presented under subsection (a) of this Code section, the superintendent may make such order for the division, redivision, alteration, formation, or consolidation of precincts as will, in the superintendent's opinion, promote the convenience of electors and the public interests; provided, however, that the superintendent shall not make any final order for the division, redivision, alteration, formation, or consolidation of precincts until at least ten days after notice of such change shall have been advertised in the legal organ of the county. Such notice shall state briefly the division, redivision, alteration, formation, or consolidation of precincts recommended by the board of registrars and the date upon which the same will be considered by the superintendent and shall contain a warning that any person objecting thereto must file his or her objections with the superintendent prior to such date. Upon the making of any such final order by the superintendent, a copy thereof shall be certified by the superintendent to the board of registrars. (d) In any county having a population of more than 250,000 according to the United States decennial census of 1970 or any such future census, the powers and duties conferred upon the superintendent by this Code section and Code Sections 21-2-261 and 21-2-261.1 shall be exercised and performed by the governing authority of the county. SECTION 14. Said title is further amended by striking in its entirety Code Section 21-2-284.1, relating to nonpartisan primaries for judicial offices, and inserting in its place the following: 21-2-284.1. The names of all candidates seeking nomination in the nonpartisan primary shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary to have printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check () mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for

Page 156

which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he or she then holds shall be indicated on the ballots by printing the word `Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary des not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his or her name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office. SECTION 15. Said title is further amended by striking in its entirety Code Section 21-2-285.1, relating to nonpartisan elections for judicial offices, and inserting in its place the following: 21-2-285.1. The names of all candidates nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check () mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which

Page 157

such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office. SECTION 16. Said title is further amended by striking in their entirety subsections (g), (h), and (i) of Code Section 21-2-325, relating to the form of ballot labels, and inserting in lieu thereof the following: (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the titles of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in the nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' (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 and the heading and arrangement of such candidates shall be as prescribed by

Page 158

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.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all political parties and the names of all candidates seeking nomination in a nonpartisan primary, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary shall appear on all machines. SECTION 17. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-2-402, relating to voter's certificates, and inserting in its place the following: (a) At each primary and election, the Secretary of State shall prepare and furnish to each county a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE

Page 159

SECTION 18. Said title is further amended by striking in its entirety Code Section 21-2-409, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in lieu thereof the following: 21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. Except for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration. (b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection. SECTION 19. Said title is further amended by striking in its entirety Code Section 21-2-496, relating to copies of the consolidated return of a primary, and inserting in lieu thereof the following: 21-2-496. (a) Each superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms

Page 160

furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at the county courthouse for the information of the public; (2) One copy to be filed in the superintendent's office; (3) One copy to be forwarded to the Secretary of State, together with a copy of each precinct return and a copy of the numbered list of voters of each precinct, as well as the returns and numbered list of voters for absentee electors; and (4) One copy to be sealed and filed with the clerk of the superior court as required by Code Section 21-2-500. (b) The Secretary of State is authorized to provide a method by which the election superintendent can file the results of primaries and elections electronically. Once the Secretary of State provides such a method of filing, the election superintendent shall file a copy of the election returns electronically in the manner prescribed by the Secretary of State in addition to the filing provided in subsection (a) of this Code section. The Secretary of State is authorized to promulgate such rules and regulations as necessary to provide for such an electronic filing. SECTION 20. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-2-501, relating to the share of the vote required for nomination in a primary and election in a special or general election, runoff elections, and officers elected by majority vote, and inserting in its place the following: (b) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast. SECTION 21. Said title is further amended in Code Section 21-2-540, relating to the conducting of special elections, by striking in its entirety subsection (c) and inserting in lieu thereof the following: (c)(1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters shall be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on:

Page 161

(i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989'; (B) Special primaries or special elections to fill vacancies in public offices except as otherwise provided in paragraph (3) of this subsection; or (C) Special elections held prior to July 1, 1996, which are designed to bring about the approval or rejection of the voters of a proposed question, if the original call for such election is irregular for any reason or the advertisement of such call has not been conducted as required by law. (3) The provisions of this subsection shall apply to special primaries or special elections to fill vacancies in elected county offices. (4)(A) This subsection shall not apply to special elections under this paragraph. (B) In the case of a special election designed to bring about the approval or rejection by the voters of a proposed question, if the call for such election is irregular for any reason or the advertisement of such call has not been conducted as required by law, the election superintendent may enter an amended order providing for a new call for such special election to be conducted on any date which is at least 29 days after the date of the amended call. SECTION 22. Said title is further amended by striking in their entirety subsections (a) and (f) of Code Section 21-3-91, relating to notices of candidacy, certificates

Page 162

of nomination, affidavits, and candidates nominated by petition, and inserting in lieu thereof the following: (a) Each candidate or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality: (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, not earlier than the date of the call and 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. (f) A notice of candidacy by a nominating petition shall be accompanied by the nominating petition. SECTION 23. Said title is further amended by striking in their entirety subsections (b), (c), and (e) of Code Section 21-3-123, relating to deadlines for registration applications, voting in primaries, the official list of electors, the inactive list of electors, the municipal electors list, and the procedure for correcting the list of electors, and inserting in lieu thereof the following: (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

Page 163

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 (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 21-3-52 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-3-52 for the conduct of special elections to present questions to the voters or special primaries or elections to fill vacancies in elected municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 days prior to such primary or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list and to challenge the disqualified. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, purge such list of the names of all persons who will not be qualified to vote at such primary or

Page 164

election. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. SECTION 24. Said title is further amended by striking in its entirety subsection (a) of Code Section 21-3-311, relating to voter's certificates, and inserting in its place the following: (a) At each primary and election, each superintendent shall prepare a suitable number of voter's certificates, which shall be in substantially the following form: VOTER'S CERTIFICATE SECTION 25. Said title is further amended by striking in their entirety subsections (b) and (e) 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, and redesignating the remaining subsections, so that said Code section shall read as follows: 21-3-161.1. (a) All voting precincts established or altered on or April 15, 1994, shall consist of areas which are bounded on all sides only by:

Page 165

(1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities. (b) The governing authority shall notify the board of registrars within ten days after such changes are adopted. (c) Not later than February 1, 1984, unless a waiver extending such deadline to February 1, 1986, has been granted by the Secretary of State, each governing authority shall file with the Secretary of State a current copy of a map of all precincts in the municipality. Thereafter the governing authority shall file with the Secretary of State: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. SECTION 26. Said title is further amended by striking in its entirety subsection (b) of Code Section 21-3-318, relating to assisting electors who cannot read English or who have physical disabilities, and inserting in its place the following: (b) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection.

Page 166

SECTION 27. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 28. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1996. ELECTIONS POSITION ON GENERAL ELECTION BALLOT OF CANDIDATES TO FILL UNEXPIRED TERMS FOR CERTAIN OFFICES; CERTAIN SPECIAL ELECTIONS TO FILL UNEXPIRED TERMS TO BE HELD IN CONJUNCTION WITH CERTAIN GENERAL ELECTIONS. Code Sections 21-2-541 and 45-5-3 Amended. No. 532 (House Bill No. 1318). AN ACT To amend Chapter 2 of Title 21, relating to elections and primaries generally, and Code Section 45-5-3, relating to the election or appointment of successors to fill the unexpired term of certain public officers, so as to provide for the position on the general election ballot of candidates to fill the unexpired term of certain offices elected statewide; to provide that certain special elections to fill the unexpired term of public officers shall be held in conjunction with certain general elections; 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 21, relating to elections and primaries generally, is amended by striking in its entirety Code Section 21-2-541, relating to holding a special primary or election at the time of a general primary or election, and inserting in lieu thereof the following: 21-2-541. (a) A special primary or election may be held at the time of a general primary or election. (b) If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary or election, the candidates and questions in such special primary or election shall be included on the ballot for such general primary or election. In such an instance, the name of the office and the candidates in such special election shall appear on the ballot in the position where

Page 167

such names would ordinarily appear if such contest was a general primary or election. SECTION 2. Code Section 45-5-3, relating to election or appointment of successor to fill unexpired term of certain public officers, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) When a special election is required to fill a vacancy for the unexpired term of office as provided by paragraph (2) of subsection (a) of this Code section, such special election shall be held on the same date as the general election which is first held following the date of the vacancy and in conjunction with such general election. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 25, 1996. EDUCATION EDUCATION REFORM ACT OF 1996 ENACTED; PRE-KINDERGARTEN PROGRAMS; STATE SCHOOL SUPERINTENDENT'S AUTHORITY TO EMPLOY STAFF AND ENTER INTO CONTRACTS; PUBLIC LIBRARIES; MEMBERSHIP OF CERTAIN TRANSFERRED EMPLOYEES IN EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA OR TEACHERS RETIREMENT SYSTEM OF GEORGIA. Code Titles 20 and 43 Amended. No. 601 (Senate Bill No. 709). AN ACT To enact the Education Reform Act of 1996; to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to create a new Office of School Readiness and transfer to that office certain functions and duties previously performed by the Department of Education and Department of Human Resources; to define terms; to provide for the appointment of a director; to establish the duties, powers, and authority of the director; to provide for the promulgation of rules and regulations; to establish the powers and duties of the office; to transfer certain equipment, positions, and appropriations from other agencies; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applicable rules and regulations; to remove the State Board of Education's authority over county and regional libraries and to grant such authority to the Department of Technical and Adult Education; to transfer to the Department of Technical and Adult Education all functions and powers previously performed by the

Page 168

Department of Education relating to public libraries and public library services; to transfer certain equipment, positions, and appropriations from the Department of Education; to provide for membership in retirement systems under certain circumstances; to provide for the continuation of applicable rules and regulations; to provide the State School Superintendent with the authority to employ certain senior staff persons within the Department of Education and to enter into certain contracts; to amend Chapter 5 of Title 20 of the Official Code of Georgia Annotated, relating to libraries, so as to provide that the Department of Technical and Adult Education rather than the State Board of Education shall give advice and counsel to libraries and communities proposing to establish libraries and so that the functions previously performed by the State Library Commission be performed by the Department of Technical and Adult Education; to provide for the Department of Technical and Adult Education to receive funds for public libraries; to provide that annual reports be submitted to the Department of Technical and Adult Education; to provide that public library services be transferred to the Department of Technical and Adult Education; to amend the Interstate Library Compact, so as to change the definition of state library agency; to amend Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to membership of the State Board for the Certification of Librarians, to provide that public library services is a division of the Department of Technical and Adult Education; 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. This Act shall be known and may be cited as the Education Reform Act of 1996. SECTION 2. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding between Chapters 1 and 2 a new Chapter 1A to read as follows: CHAPTER 1A 20-1A-1. The Office of School Readiness is created as a department of the executive branch of state government, and said office shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Office of School Readiness shall be assigned for administrative purposes only, as that term is defined in Code Section 50-4-3, to the Department of Education.

Page 169

20-1A-2. As used in this chapter, the term: (1) `Director' means the Director of the Office of School Readiness. (2) `Office' means the Office of School Readiness. 20-1A-3. (a) The chief administrative and executive officer of the office shall be the director, who shall be appointed by and serve at the pleasure of the Governor. The director shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the director and the office by law. The director shall be in the unclassified service of the state merit system and shall receive a salary to be determined by the Governor. (b) The director shall have the authority to employ all personnel of the office, subject to the provisions of this chapter and all applicable provisions of other laws governing public employment. (c) The director shall promulgate rules and regulations and establish procedures to carry out the provisions of this chapter. 20-1A-4. The Office of School Readiness shall have the following powers and duties: (1) To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten; (2) To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs; (3) To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the office; and (4) To assist local units of administration in this state so as to assure the proliferation of services under this chapter. 20-1A-5. (a) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Education for the operation and management of the pre-kindergarten, Even Start, and child care food programs. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on April 14, 1996, shall, on April 15, 1996, be transferred to

Page 170

the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (b) Effective April 15, 1996, the Office of School Readiness shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources for the operation and management of child care regulation services. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of pre-kindergarten programs on April 14, 1996, shall, on April 15, 1996, be transferred to the Office of School Readiness. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Office of School Readiness on April 15, 1996. (c) All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the director, and such personnel or assets shall not be transferred if the director determines that a specific employee or asset should remain with the transferring agency. (d) Employees of the office shall serve in the unclassified service of the state merit system as defined by Code Section 45-20-6. Persons who have transferred to the office pursuant to subsections (a) or (b) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (e) All employees of the Office of School Readiness who are employed after the effective date of this chapter shall become members of the Employees' Retirement System of Georgia consistent with the provisions of Code Section 47-2-70.1. (f) Persons who are transferred to the Office of School Readiness pursuant to subsection (a) or (b) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Office of School Readiness, or otherwise held by persons at the time of employment

Page 171

with the Office of School Readiness, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Office of School Readiness, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Office of School Readiness. Except as provided in this subsection, no employment benefit of any employee transferring to the Office of School Readiness shall be impaired. (g) Funding for functions and positions transferred to the Office of School Readiness under this chapter shall be transferred as provided in Code Section 45-12-90. 20-1A-6. The Office of School Readiness shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education or Department of Human Resources, where applicable, which are in effect on April 15, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the director. SECTION 3. Said chapter is further amended by striking Code Section 20-2-241, relating to the State School Superintendent, in its entirety and inserting in its place the following: 20-2-241. (a) The State School Superintendent shall be the executive officer of the State Board of Education and the administrative chief executive officer of the Department of Education. The State School Superintendent is authorized to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the State School Superintendent deems necessary or desirable for the more economical or effective organization, administration, or functioning of the department. He or she shall also be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws. (b) The State School Superintendent shall have the authority to employ persons to serve in the five senior staff positions within the Department of Education.

Page 172

(c) The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 or less on behalf of the Department of Education. SECTION 4. Said title is further amended by striking Code Section 20-2-305, relating to county and regional libraries, in its entirety and inserting in its place the following: 20-2-305. (a) The Department of Technical and Adult Education shall annually determine and request of the General Assembly the amount of funds needed for county and regional public libraries. This request shall include, but not be limited to, funds to provide library books and materials, salaries and travel for professional librarians, capital outlay for public library construction, and maintenance and operation. The amount for library books and materials shall be not less than 35 cents per person. Funds for the purpose of paying the salaries of librarians allotted shall be in accordance with regulations established by the state board and the state minimum salary schedule for certificated professional personnel. Public library funds shall be apportioned to county and regional public libraries in proportion to the area and population to be served by such libraries in accordance with regulations and minimum public library requirements prescribed by the state board. All such funds shall be distributed directly to the regional or county library boards. (b) The Department of Technical and Adult Education shall make adequate provisions for staff, supplies, services, and facilities to operate and maintain special media equipment to meet the library needs of the blind and disabled citizens of this state. (c) The Department of Technical and Adult Education shall provide the staff, materials, equipment, and supplies to provide a book-lending and information service to all county and regional public libraries in the state and to coordinate interlibrary cooperation and interchange of materials and information among all types of libraries. (d) The Department of Technical and Adult Education is authorized as the sole agency to receive federal funds allotted to this state for public libraries. (e) The State Board of Technical and Adult Education shall adopt policies and regulations to implement this Code section. SECTION 5. Said title is further amended by adding between Code Sections 20-4-14 and 20-4-15 a new Code section to read as follows:

Page 173

20-4-14.1. (a) Effective July 1, 1996, the Department of Technical and Adult Education shall carry out all the functions and exercise all of the powers formerly held by the State Board of Education and the Department of Education for the operation and management of public library services and public libraries. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Education to perform these functions on June 30, 1996, shall, on July 1, 1996, be transferred to the Department of Technical and Adult Education. All office equipment, furniture, and other assets in possession of the Department of Education which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the Department of Technical and Adult Education on July 1, 1996. (b) All transfers of employees and assets provided for in subsection (a) of this Code section shall be subject to the approval of the commissioner of technical and adult education, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency. (c) Persons who have transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are in the classified service of the state merit system at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service. (d) Persons who are transferred to the Department of Technical and Adult Education pursuant to subsection (a) of this Code section who are members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47 or the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 can elect to continue membership in the same retirement system in which such person already is a member in accordance with applicable laws, rules, and regulations. All rights, credits, and funds in any such retirement system which are possessed by state personnel transferred by provisions of this chapter to the Department of Technical and Adult Education, or otherwise held by persons at the time of employment with the Department of Technical and Adult Education, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the Department of Technical and Adult Education, unless such persons fail to elect to continue membership in the same retirement system in which such persons already are members. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education. Except as provided in this subsection, no employment benefit of any employee

Page 174

transferring to the Department of Technical and Adult Education shall be impaired. (e) Newly hired employees of the Department of Technical and Adult Education who perform duties previously performed by the Department of Education in accordance with this Code section shall become members in a retirement system as provided in Code Section 20-4-25 or 20-4-26. (f) Funding for functions and positions transferred to the Department of Technical and Adult Education under this Code section shall be transferred as provided in Code Section 45-12-90. (g) The Department of Technical and Adult Education shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Education, where applicable, which are in effect on June 30, 1996, and which relate to the functions transferred to the department. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the State Board or Department of Technical and Adult Education. SECTION 6. Said title is further amended by striking Code Section 20-5-2, relating to the powers and duties of the State Board of Education regarding libraries, in its entirety and inserting in its place the following: 20-5-2. (a) The Department of Technical and Adult Education shall give aid, advice, and counsel to all libraries and to communities which may propose to establish libraries as to the best means of establishing and administering them, the selection of books, cataloging, and other details of library management and shall exercise supervision over all public libraries and endeavor to improve libraries already established. The Department of Technical and Adult Education may also conduct a book-lending and information service for the benefit of the citizens of the state, free of cost except postage. The Department of Technical and Adult Education is also authorized to purchase books, periodicals, and other instructional materials for such purposes. The Department of Technical and Adult Education may also employ necessary professional and clerical staff to carry on the work as stated in this Code section and may pay their necessary traveling expenses while engaged in such work. (b) The Department of Technical and Adult Education shall have authority to accept gifts of books, money, or other property from any public or private source, including the federal government and shall have authority to perform any and all functions necessary to carry out the intention and purposes of this article.

Page 175

(c) The State Library Commission is abolished, and the functions and services exercised and performed by it shall be exercised and performed by the Department of Technical and Adult Education. (d) The collection of books, periodicals, documents, and other library materials held by the Department of Technical and Adult Education is designated as the State Library. (e) Each department and institution within the executive branch of state government shall make a report to the director of the University of Georgia Libraries on or before December 1 of each year containing a list by title of all public documents published or issued by such department or institution during the preceding state fiscal year. The report shall also contain a statement noting the frequency of publication of each such public document. The director of the University of Georgia Libraries may disseminate copies of the lists, or such parts thereof, in such form as the director of University of Georgia Libraries, in his or her discretion, deems shall best serve the public interest. For purposes of this article, `public documents' shall mean the books, magazines, journals, pamphlets, reports, bulletins, and other publications of any agency, department, board, bureau, commission, or other institution of the executive branch of state government but specifically shall not include the reports of the Supreme Court and the Court of Appeals, the journals of the House and the Senate, or the session laws enacted by the General Assembly and shall not include forms published by any agency, department, board, bureau, commission, or other institution of the executive branch of state government. (f) Each department and institution within the executive branch of state government shall submit to the director of the University of Georgia Libraries at least five copies of each of the public documents which such departments and institutions publish, within one month of its date of publication, unless the director of the University of Georgia Libraries requests additional copies of any such public documents, up to a maximum of 60 copies, in which case the number of copies requested shall be submitted. (g) The Governor and all of the officers who are or may be required to make reports to the General Assembly shall furnish the director of the University of Georgia Libraries with at least five copies of each of such reports and additional copies upon request of the director of the University of Georgia Libraries. (h) The Department of Administrative Services, the Georgia Correctional Industries Administration, the Board of Regents of the University System of Georgia, and any other agency of state government which prints public documents shall furnish to the director of the University of Georgia Libraries on a monthly basis a record of all public documents which have been printed or scheduled for printing by that agency during the preceding month.

Page 176

(i) The director of the University of Georgia Libraries shall have the authority to supply copies of public documents to any state institution, public library, or public school in this state or to any other institution of learning which maintains a library, if such copies are available. Such copies may be furnished for a reasonable cost or free of charge or for the cost of postage or shipping, as the director of the University of Georgia Libraries deems appropriate. (j) The director of the University of Georgia Libraries shall have the authority to act as the exchange agent of this state for the purpose of a regular exchange between this state and other states of public documents. The several state departments and institutions are required to deposit with the director of the University of Georgia Libraries for that purpose up to 50 copies of each of their public documents, as may be specified by the director of the University of Georgia Libraries. (k) The director of the University of Georgia Libraries may transfer books and other library holdings to the Department of Archives and History, the Board of Regents of the University System of Georgia, the State Law Library, or other public libraries. Books and other library holdings which are obsolete, defective, worn out, or surplus, or otherwise in the discretion of the director of the University of Georgia Libraries are not required, may be sold, destroyed, or otherwise disposed of by the director of the University of Georgia Libraries, without the need to comply with the provisions of Article 5 of Chapter 13 of Title 45 relating to the disposition of surplus state books. (l) The director of the University of Georgia Libraries shall have the authority to employ the necessary personnel, including documents librarians and other professional personnel, to carry out the powers and duties set forth in this Code section. SECTION 7. Said title is further amended by striking Code Section 20-5-3, relating to disbursement of funds for libraries, in its entirety and inserting in its place the following: 20-5-3. In order to effectuate the purposes of this article there shall be made available to the Department of Technical and Adult Education whatever funds may be duly allocated to it by the proper authority, either by specific appropriation or otherwise as now provided by law, and the Department of Technical and Adult Education shall be authorized to disburse such funds to public libraries serving persons of all ages through legally constituted municipal library boards or to the other legally constituted local library boards as may now or hereafter be established by law. The Department of Technical and Adult Education

Page 177

shall use such funds for the purpose of aiding and supplementing the establishment and development of public library services. SECTION 8. Said title is further amended by striking Code Section 20-5-4, relating to annual reports by public libraries, in its entirety and inserting in its place the following: 20-5-4. All public libraries in the state shall submit reports annually to the Department of Technical and Adult Education. SECTION 9. Said title is further amended by striking Code Section 20-5-45, relating to the duties and responsibilities of directors of public libraries, in its entirety and inserting in its place the following: 20-5-45. Every public library system shall have a director. Any person appointed as director of a public library system must hold at least a Grade 5(b) Librarian's Professional Graduate Certificate, as defined by the State Board for the Certification of Librarians; provided, however, that any person who was serving as acting director of a public library system as of July 1, 1984, shall be authorized to continue to serve as director. The director shall be appointed by the board of trustees and shall be the administrative head of the library system under the direction and review of the board. The director of a library system shall have duties and responsibilities which include but are not limited to the following: (1) To recommend for employment or termination other staff members, as necessary, in compliance with applicable laws and the availability of funds and to employ or terminate other staff members if so authorized by the library board; (2) To attend all meetings called by the Office of Public Library Services of the Department of Technical and Adult Education or send a substitute authorized by the division director; (3) To prepare any local, state, or federal annual budgets; (4) To notify the board of trustees and the Office of Public Library Services of the Department of Technical and Adult Education of any failure to comply with: (A) Policies of the board; (B) Criteria for state aid; (C) State and federal rules and regulations; and

Page 178

(D) All applicable local, state, or federal laws: (5) To administer the total library program, including all affiliated libraries, in accordance with policies adopted by the system board of trustees; and (6) To attend all meetings of the system board of trustees and affiliated boards of trustees or to designate a person to attend in his or her place. SECTION 10. Said title is further amended by striking subsection (c) of Code Section 20-5-47, relating to a written constitution for library boards of trustees, in its entirety and inserting in its place the following: (c) All current constitutions and bylaws must be on file in the Office of Public Library Services of the Department of Technical and Adult Education, and all amendments must be filed with the division immediately upon adoption. SECTION 11. Said title is further amended by striking Code Section 20-5-48, relating to ownership of library property, in its entirety and inserting in its place the following: 20-5-48. (a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Department of Technical and Adult Education; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Department of Technical and Adult Education shall serve as mediator in determining ownership of property. (b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful.

Page 179

Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Department of Technical and Adult Education or its designee. SECTION 12. Said title is further amended by striking Code Section 20-5-51, relating to dissolution of or withdrawal from a library system, in its entirety and inserting in its place the following: 20-5-51. (a) A library system shall be dissolved by a reversal of procedures followed in its original organization. A majority of the board members in a majority of the counties must agree to the dissolution of the system. One county in a multicounty system may withdraw by a reversal of the procedure by which the county became a member. (b) If the local constitution and bylaws or participating agreement does not specify a notification period for withdrawal, the proper notice shall be sent six months prior to the end of the state fiscal year. This notice must include reasons for the withdrawal and the method by which the decision was reached and must be sent to the chairman of the system board of trustees and the system library director. The Office of Public Library Services of the Department of Technical and Adult Education must be notified of the receipt of this letter of intent within five working days. (c) Upon dissolution or withdrawal, no further state or federal grant funds shall be paid for or to the dissolving or withdrawing unit or units until such time as the unit or units reestablish the library or libraries pursuant to this part and meet eligibility requirements for such grant funds. (d) A multicounty regional system may elect to expel a member county upon the following conditions: (1) Failure of the county to maintain the agreed level of support to the regional system as in the most recent system-participating agreement; or (2) Failure of the county to meet criteria which may jeopardize the system's eligibility for state or federal funds. (e) If the system's constitution and bylaws or participating agreement fails to describe a notice period for expulsion, the proper notice shall be

Page 180

sent not less than six months prior to the end of the state fiscal year. This notice must be sent to the chairperson of the county board of trustees, all funding agencies party to the participating agreement, the system library director, and the Office of Public Library Services of the Department of Technical and Adult Education. (f) Upon total dissolution of a library system, all property shall be disposed of as provided in this part. SECTION 13. Said title is further amended by striking Code Section 20-5-60, relating to the definition of state library agency as used in the interstate library compact, in its entirety and inserting in its place the following: 20-5-60. As used in the Interstate Library Compact, `state library agency,' with reference to this state, means the Public Library Service Office of the Department of Technical and Adult Education of Georgia. SECTION 14. Chapter 24 of Title 43 of the Official Code of Georgia Annotated, relating to librarians, is amended by striking Code Section 43-24-2, relating to membership of the State Board for the Certification of Librarians, in its entirety and inserting in its place the following: 43-24-2. (a) The State Board for the Certification of Librarians is created, to consist of six persons as follows: (1) Three librarians certified under this chapter, including one public librarian, one special librarian, and one other currently practicing librarian, and one person who shall be a trustee of a public library; (2) A member to be appointed from the public at large who shall have no connection whatsoever with the library profession; and (3) The director of public library services of the Department of Technical and Adult Education. (b) The members referred to in paragraphs (1) and (2) of subsection (a) of this Code section shall be appointed by the Governor and shall be confirmed by the Senate. (c) The terms of the five members appointed pursuant to paragraphs (1) and (2) of subsection (a) of this Code section shall be five years. The term of the director of public library services of the Department of Technical and Adult Education shall be coextensive with the term of office of this position.

Page 181

(d) Members of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. (e) If there is a vacancy on the board, the Governor shall appoint a member to serve the unexpired term. SECTION 15. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996. (b) Section 2 of this Act shall become effective on April 15, 1996. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996. REVENUE AND TAXATION TAXATION OF FINANCIAL INSTITUTIONS; EXTENSIVE REVISION OF PROVISIONS. Code Title 48 Amended. Code Section 7-1-601 Amended. No. 602 (House Bill No. 1638). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of taxation of financial institutions; to change certain definitions regarding intangible personal property tax; to provide for definitions applicable to taxation of financial institutions; to change the manner of calculating state occupation tax on depository financial institutions; to change certain provisions regarding the carry-over of unused credits with respect to income taxation of corporations; to revise and repeal certain provisions regarding the allocation and apportionment of certain corporate income; to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to change a cross-reference; to provide duties 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking paragraphs (1) and (6) of Code Section 48-6-20, relating to the definitions regarding intangible personal property

Page 182

tax, and inserting in their place new paragraphs (1) and (6) to read as follows: (1) `Bank' means any financial institution chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock, except that for purposes of Article 4 of this chapter, such term shall be defined as provided for in Code Section 48-6-90. (6) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of this state or under the laws of the United States and domiciled in this state which is authorized to receive deposits in this state and which has a mutual corporate form, except that for purposes of Article 4 of this chapter, such term shall be defined as provided for in Code Section 48-6-90. SECTION 2. Said title is further amended by striking Code Section 48-6-90, relating to depository financial institutions, and inserting in its place new Code Sections 48-6-90 and 48-6-90.1 to read as follows: 48-6-90. As used in this article, the term: (1) `Bank' means any financial institution chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (2) `Depository financial institution' means a bank or a savings and loan association. (3) `Savings and loan association' means any financial institution, other than a credit union, chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a mutual corporate form. 48-6-90.1. Except as is otherwise provided in this title, depository financial institutions shall be subject to all forms of state and local taxation in the same manner and to the same extent as other business corporations in Georgia. SECTION 3. Said title is further amended by striking Code Section 48-6-91, relating to foreign depository financial institutions subject to state and local taxation as foreign corporations and exemption of domestic international banking

Page 183

facilities, and inserting in its place a new Code Section 48-6-91 to read as follows: 48-6-91. Domestic international banking facilities operating in this state pursuant to Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act,' and engaging only in those activities authorized pursuant to that article shall not be deemed to maintain a place of business in this state and shall not be subject to any state or local tax, license, or fee solely because of such activities. SECTION 4. Said title is further amended by striking Code Section 48-6-93, relating to local business license tax for depository financial institutions, and inserting in its place a new Code Section 48-6-93 to read as follows: 48-6-93. (a) Municipalities and counties may each levy and collect a business license tax from depository financial institutions having an office located within their respective jurisdiction at a rate not to exceed 0.25 percent of the Georgia gross receipts, as defined and allocated in Code Section 48-6-95 and this Code section, of said depository financial institutions. Municipalities and counties may provide that the minimum annual amount of such levy upon any depository financial institution shall be not more than $1,000.00. (b) Reserved. (c) Every depository financial institution subject to the tax authorized by this Code section shall file a return of its gross receipts with each applicable jurisdiction levying such tax by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner based on the allocation method set forth in subsection (d) of this Code section. The return shall provide the information necessary to determine the portion of the taxpayer's Georgia gross receipts to be allocated to each taxing jurisdiction in which such institution has an office. Each taxing jurisdiction which has enacted a business license tax pursuant to subsection (a) of this Code section shall assess and collect said tax based upon the information provided in the returns. (d) A depository financial institution's Georgia gross receipts shall be allocated among each taxing jurisdiction in which such institution has an office as of December 31 of the year in which gross receipts are measured, as follows: (1) Each jurisdiction shall be assigned the gross receipts attributable to the offices located within such jurisdiction; and

Page 184

(2) In determining the amount of `gross receipts' attributable to each office, 20 percent of the institution's Georgia gross receipts shall be attributable to that institution's principal Georgia office, which for this purpose shall be the Georgia office to which the greatest amount of deposits by value are attributable. The remaining 80 percent of Georgia gross receipts shall be attributable to the institution's other Georgia offices, pro rata according to the number of such offices. The term `office' as used in this Code section means a place of business of a depository financial institution at which the institution accepts deposits but shall not include unmanned automatic teller machines, point-of-sale terminals, or other similar unmanned electronic facilities at which deposits may be accepted. If there are fewer than five offices in addition to the principal Georgia office, the amount of gross receipts attributable to each such office shall be determined by dividing the Georgia gross receipts by the aggregate number of such offices. (e) Any tax paid by a depository financial institution pursuant to this Code section and Code Section 48-6-95 shall be credited dollar for dollar against any state corporate income tax liability of such institution for the tax year during which any business and occupation tax authorized by this Code section is paid. Such credit shall be subject to the provisions contained in paragraph (10) of subsection (b) of Code Section 48-7-21. (f) Except as authorized by this Code section, no municipality or county shall levy any form of business license tax, fee, franchise, or occupation tax on any depository financial institution. SECTION 5. Said title is further amended by striking Code Section 48-6-95, relating to state occupation tax on depository financial institutions, and inserting in its place a new Code Section 48-6-95 to read as follows: 48-6-95. (a) There is imposed a special state occupation tax on each depository financial institution that conducts business or owns property in this state. The rate of this tax shall be 0.25 percent of the Georgia gross receipts, as defined in subsection (b) of this Code section, of the depository financial institution. This tax shall be in addition to any and all other taxes to which such depository financial institution is subject. (b)(1) For purposes of this Code section, 'Georgia gross receipts' means gross receipts as determined under paragraph (2) of this subsection, unless the taxpayer conducts business both within and outside this state in which case 'Georgia gross receipts' means gross receipts as determined under paragraph (2) of this subsection multiplied by the taxpayer's Georgia gross receipts factor determined under

Page 185

paragraph (3) of subsection (d) of Code Section 48-7-31 for the year in which such gross receipts are measured. (2) For purposes of this Code section, `gross receipts' means the total amount of revenue generated from the sources itemized in this paragraph and in paragraph (3) of this subsection during the calendar year immediately preceding the date on which the tax authorized by this Code section shall be due. Before determining gross receipts there shall be deducted: (A) An amount equal to the amount of interest paid on all liabilities for the period; (B) An amount equal to income derived from the authorized activities of any domestic international banking facility operating pursuant to Article 5A of Chapter 1 of Title 7, the `Domestic International Banking Facility Act'; (C) An amount equal to any income arising from the conduct of a banking business with persons or entities located outside of the United States, its territories, or possessions; and (D) To the extent that any deductions are made pursuant to subparagraphs (B) and (C) of this paragraph, any deductions taken under subparagraph (A) of this paragraph shall be reduced by the same proportion that the deductions in subparagraphs (B) and (C) of this paragraph bear to the gross receipts of the despository financial institution as calculated before making any deductions pursuant to subparagraphs (A) through (C) of this paragraph. (3) The items to be included in the calculation of gross receipts with respect to banks are as follows: (A) Interest and fees on loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on balances with other depository financial institutions; (C) Interest on federal or correspondent funds sold and securities purchased under agreement to resell; (D) Interest on other bonds, notes, and debentures, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (E) Dividends on stock; (F) Income from direct lease financing; (G) Income from fiduciary activities; (H) Service charges on deposit accounts;

Page 186

(I) Other service charges, commissions, and fees; and (J) Other income. (4) The items to be included in the calculation of gross receipts with respect to savings and loan associations are as follows: (A) Interest on mortgage loans less any interest collected on those portions of loans sold and serviced for others; (B) Interest on mortgages, participations, or mortgage backed securities; (C) Interest on real estate sold on contract; (D) Discounts on mortgage loans purchased; (E) Interest on other loans, excluding interest on obligations of the State of Georgia or its political subdivisions and obligations of the United States; (F) Interest and dividends on investments and deposits; (G) Loan fees; (H) Loan servicing fees; (I) Other fees and charges; (J) Gross income from real estate owned operations; (K) Net income from office building operations; (L) Gross income from real estate held for investment; (M) Net income from service corporations and subsidiaries; (N) Miscellaneous operating income; (O) Profit on sale of real estate owned operations, investment securities, loans, and other assets; and (P) Miscellaneous nonoperating income. (c) Each depository financial institution shall file with the commissioner a return of its gross receipts by March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and in the form prescribed by the commissioner. The tax imposed by this Code section shall be paid to the commissioner at the time of filing the return. (d) The commissioner shall make an annual report to the Governor and to the chairpersons of the House and Senate Appropriations Committees of the amount of special state occupation tax on depository financial institutions collected.

Page 187

SECTION 6. Said title is further amended by striking paragraph (10) of subsection (b) of Code Section 48-7-21, relating to income taxation of corporations, and inserting in its place a new paragraph (10) to read as follows: (10) There shall be a dollar-for-dollar credit against the state income tax liability of depository financial institutions which shall be equal to the amount of taxes, if any, paid by such taxpayers pursuant to Code Section 48-6-93 and Code Section 48-6-95. If the liability of any such institutions under the taxes authorized by Code Section 48-6-93 and Code Section 48-6-95 exceeds the corporate income tax liability of such institution for any year, the amount of any unused credit under this Code section may be credited over a period of five years from the tax year in which the unused credit arose. If the assets of an institution are acquired by another institution in a transaction described in Section 381(a) of the Internal Revenue Code of 1986, the acquiring institution shall succeed to and take into account any unused credit of the distributor or transferor institution. SECTION 7. Said title is further amended by striking paragraph (1) of subsection (d) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, and inserting in its place a new paragraph (1) to read as follows: (1) Reserved; SECTION 8. Said title is further amended by striking paragraph (3) of subsection (d) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, and inserting in its place a new paragraph (3) 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, 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 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

Page 188

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: (i) The property factor shall represent 25 percent of the fraction; (ii) The payroll factor shall represent 25 percent of the fraction; and

Page 189

(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;. SECTION 9. Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48-6-90.1. SECTION 10. The state revenue commissioner shall conduct a study and prepare a report regarding the effect of this Act on revenue received by the state, counties, and cities in 1997 and 1998 from the tax imposed by Article 4 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated. Such report shall compare the annual revenues received in such years to the revenues received in the three previous years. The report shall recommend changes in the tax rate, if necessary, to replace any revenue lost as a result of this Act. In developing the recommendations, the commissioner shall consider the effect of changing market conditions on such revenues. The commissioner's findings shall be reported to the Governor and General Assembly by December 1, 1998, and such report shall be made available to interested persons. SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Sections 1, 2, 3, 4, and 5 of this Act

Page 190

shall be applicable to all returns due on or after March 1, 1997. Sections 6, 7, and 8 of this Act shall be applicable to all taxable years beginning on or after January 1, 1996. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996. REVENUE AND TAXATION COUNTY BOARDS OF TAX ASSESSORS; UTILIZATION OF ELECTRONIC DATA PROCESSING SYSTEMS; TERMS OF OFFICE; APPOINTMENT; VACANCIES; SUBPOENA AUTHORITY. Code Sections 48-5-270, 48-5-295, and 48-5-300 Amended. No. 603 (House Bill No. 1683). AN ACT To amend Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, so as to provide for additional powers, duties, and authority of the state revenue commissioner with respect to developing and prescribing electronic data processing systems; to change the terms of office of members of county boards of tax assessors; to provide for appointment procedures; to change the provisions relating to the filling of vacancies; to provide for records and information which shall not be subject to the authority of county boards of tax assessors to subpoena witnesses, books, papers, or documents; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to uniform property tax administration and equalization, is amended by striking Code Section 48-5-270, relating to the developing and prescribing of electronic data processing systems, and inserting in its place a new Code Section 48-5-270 to read as follows: 48-5-270. The commissioner is authorized, from funds appropriated to the department, to develop and prescribe systems of data collection, appraisal, and assessment and any other systems relating to property valuation and assessment utilizing electronic data processing systems and equipment for use by county boards of tax assessors. The commissioner may purchase existing systems and services from other government agencies,

Page 191

educational institutions, or private businesses or contract with these entities for the development of information and new systems that may be utilized by county boards of tax assessors in property valuation and assessment. The commissioner shall actively seek out technological advancements and systems that will improve the uniformity, fairness, and efficiency of property valuations and assessments and include his or her recommendations in the annual budget request. SECTION 2. Said article is further amended by striking subsection (a) of Code Section 48-5-295, relating to the terms of office of members of county boards of tax assessors and the filling of vacancies on such boards, and inserting in its place a new subsection (a) to read as follows: (a) Each member of the county board of tax assessors appointed to such office on and after July 1, 1996, shall be appointed by the county governing authority for a term of not less than three nor more than six years and until a successor is duly appointed and qualified. A county governing authority shall, by resolution, within the range provided by this subsection, select the length of terms of office for members of its county board of tax assessors. Following the adoption of such resolution, all new appointments and reappointments to the county board of tax assessors shall be for the term lengths specified in the resolution; however, such resolution shall not have the effect of shortening or extending the terms of office of current members of the board of assessors whose terms have not yet expired. The county governing authority shall not be authorized to again change the term length until the expiration of the term of office of the first appointment or reappointment following the resolution that last changed such terms of office. If the resolution changing the terms of office of members of the board of tax assessors would result in a voting majority of the board of tax assessors having their terms expire in the same calendar year, the county governing authority shall provide in the resolution for staggered initial appointments or reappointments of a duration of not less than three nor more than six years that will prevent such an occurrence. Any member of the county board of tax assessors shall be eligible for reappointment after review of his or her service on the board by the appointing authority. In case of a vacancy on the board at any time, whether caused by death, resignation, removal, or otherwise, the vacancy shall be filled by appointment of the county governing authority. Any person appointed to fill a vacancy shall be appointed only to serve for the remainder of the unexpired term of office and shall possess the same qualifications required under this part for regular appointment to a full term of office. SECTION 3. Said article is further amended by striking subsection (a) of Code Section 48-5-300, relating to the authority of county boards of tax assessors to subpoena witnesses, and inserting in lieu thereof the following:

Page 192

(a)(1) Except as otherwise provided in paragraph (2) of this subsection, the county board of tax assessors may issue subpoenas for the attendance of witnesses and may subpoena of any person any books, papers, or documents which may contain any information material to any question relative to the existence or liability of property subject to taxation or to the identity of the owner of property liable to taxation or relevant to other matters necessary to the proper assessment of taxes lawfully due the state or county. Such subpoenas may be issued in the name of the board, shall be signed by any one or more members of the board or by the secretary of the board, and shall be served upon a taxpayer or witness or any party required to produce documents or records five days before the day upon which any hearing by the board is scheduled at which the attendance of the party or witness or the production of such documents is required. (2) The authority provided for in paragraph (1) of this subsection shall not apply to the following documents or records: (A) Any income tax records or returns; (B) Any property appraisals prior to the appeal process; (C) All insurance policies; or (D) Any individual tenant sales information. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996. LOCAL GOVERNMENT MUNICIPAL ANNEXATION; EFFECTIVE DATE FOR AD VALOREM TAX PURPOSES; PROCEDURES FOR CERTAIN ANNEXATIONS BY LOCAL ACTS OF GENERAL ASSEMBLY. Code Section 36-36-2 Amended. Code Sections 36-36-15 and 36-36-16 Enacted. No. 604 (House Bill No. 1192). AN ACT To amend Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, so as to provide for the effective date of annexations for ad valorem tax purposes; to establish procedures applicable to annexation by local Act of the General Assembly; to provide for a definition; to repeal conflicting laws; and for other purposes.

Page 193

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 36 of Title 36 of the Official Code of Georgia Annotated, relating to annexation, is amended by striking Code Section 36-36-2, relating to the effective date of annexations, and inserting in its place a new Code Section 36-36-2 to read as follows: 36-36-2. (a) Except as provided in subsection (b) of this Code section, all annexation shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met. (b) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment. SECTION 2. Said chapter is further amended by adding a new article immediately following Article 1, to be designated Article 1A, to read as follows: ARTICLE 1A 36-36-15. As used in this article, the term used for residential purposes' means any lot or tract five acres or less in size on which is constructed a habitable dwelling unit. 36-36-16. (a) Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article. (b) The author of such legislation shall provide notice to the governing authority of the county as required by Code Section 36-36-6. Such bill may include a requirement for referendum approval of the annexation under such terms and conditions as specified in such local law; provided, however, if the number of residents in the area to be annexed exceeds 3 percent of the population of the municipal corporation or 500 people, whichever is less, as determined by the most recent United States decennial census, referendum approval shall be required in the area to be annexed. The cost of holding the referendum required by this article shall be paid from funds of the municipality proposing the annexation.

Page 194

SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996. PROFESSIONS AND BUSINESSES REAL ESTATE APPRAISERS; REAL ESTATE BROKERS AND SALESPERSONS; COMMUNITY ASSOCIATION MANAGERS; RELATED REGULATORY PROVISIONS. Code Title 43 Amended. No. 605 (House Bill No. 1525). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide that the Georgia Real Estate Appraisers Board shall approve instructors of education courses for appraiser classifications and may require that instructors receive special instruction; to change the provisions relating to fees for examination, activation, and renewal of appraiser classifications; to provide for methods of payment of fees; to provide for additional fees in cases where checks received by the board are returned unpaid; to change provisions of the law relating to real estate brokers and salespersons; to change the definition of certain terms; to provide qualifications for a community association manager's license; to change the provisions relating to nonresident licenses; to provide that the Georgia Real Estate Commission, in its discretion, may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other state affords the same opportunities to Georgia licensees; to change the provisions relating to license fees; to change the provisions relating to the granting, revocation, or suspension of licenses; to provide conditions under which a community association manager's license may be denied, revoked, or suspended; to provide that a community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's license except under certain circumstances; to change the provisions relating to the trust or escrow checking account for a real estate business; to provide that the commission may require that each broker who provides community association management services under this Act and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance; to provide certain requirements with respect to such fidelity bonds or fidelity insurance; to provide that certain trust or escrow checking account provisions shall apply to community association managers; to prohibit certain conduct or activities of community association managers; to

Page 195

provide for sanctions; to provide certain exceptions under such chapter with respect to community association management services; to change the provisions relating to certain exemptions; to require persons who provide community association management services to be licensed; to provide for the granting of a broker's license to certain corporations, partnerships, or limited liability companies engaged solely in providing community association management services; to provide certain qualifications with respect to the issuance of such licenses; to provide for related matters; to provide for the automatic repeal of certain provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding at the end of Code Section 43-39A-8, relating to the establishment of real estate appraiser classifications which comply with federal law, a new subsection (e) to read as follows: (e) An instructor in any education course approved by the board must also be approved by the board and, where the board deems necessary, receive any special instruction that the board may require. SECTION 2. Said title is further amended by striking in their entirety subsections (e) and (k) of Code Section 43-39A-11, relating to fees for examination, activation, and renewal of appraiser classifications, and inserting in lieu thereof new subsections (e) and (k) to read as follows: (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. The board, through its rules and regulations, may establish standards for the filing of applications and fees by electronic means or by courier services. (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; (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; or (3) Submits to the board a check that is returned unpaid. SECTION 3. Said title is further amended by striking in its entirety Code Section 43-40-1, relating to definitions applicable under said title, and inserting in lieu thereof a new Code Section 43-40-1 to read as follows:

Page 196

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: (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, assessments, or other trust funds or attempts to collect rents, assessments, or other trust funds; (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 or community association 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.

Page 197

(3) `Commission' means the Georgia Real Estate Commission. (4) `Commissioner' means the real estate commissioner. (4.1) `Community association' means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an incident of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management. (4.2) `Community association management services' means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association. (4.3) `Community association manager' means a person who acts on behalf of a real estate broker in providing only community association management services. (5) `Licensee' means any person who is licensed as a community association manager, salesperson, associate broker, or broker. (5.1) `Ministerial acts' means those acts related to real estate brokerage activities which a licensee or a licensee's employee performs and which do not require discretion or the exercise of the licensee's own judgment. (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, including referring prospective tenants; leasing; physical, administrative, or financial maintenance; and overall management of real 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

Page 198

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 Code Section 43-40-8, relating to qualifications of licensees, and inserting in lieu thereof a new Code Section 43-40-8 to read as follows: 43-40-8. (a) In order to qualify for a community association manager's license, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 25 in-class hours in a community association manager's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers who provide community association management services and community association managers after completing the requirements of paragraph (4) of this subsection. (b) In order to qualify for a salesperson's license, an applicant must: (1) Have attained the age of 18 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of completion of at least 75 in-class hours in a salesperson's course or courses of study approved by the commission; and (5) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting

Page 199

real estate brokers and salespersons after completing the requirements of paragraph (4) of this subsection. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (c) In order to qualify for a broker or associate broker's license, an applicant must: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Have served actively for three years as a licensee; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant must furnish evidence of completion of an additional 75 in-class hours in courses or a course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure. Failure to meet any of these requirements shall be grounds for denial of license without a hearing. (d) Upon being issued an original salesperson's license, each salesperson shall be required to furnish the commission, within one year of the issuance of a license, evidence of satisfactory completion of a course of study of at least 25 in-class hours approved by the commission. As a part of satisfactory completion of this course, the licensee must stand and pass an examination covering the subject matter contained in the course. The commission, in its discretion, may approve an examination prepared by and administered by the school offering the course or may prepare and administer an examination itself. The license of any salesperson who fails to complete satisfactory in a timely manner the course provided for in this subsection shall lapse, and the salesperson's wall certificate of licensure and pocket card shall immediately be surrendered to the commission. Any salesperson whose license lapses for failure to complete satisfactorily this course may reinstate the license in the following manner: (1) Any salesperson who has enrolled in the course within one year of the issuance of an original license, has paid all required fees for the course, and:

Page 200

(A) Has not completed all in-class sessions, required exercises, or examinations; (B) Produces a medical doctor's certification of incapacitation which caused the licensee to be unable to complete all in-class sessions and the examination; or (C) Has not completed the course or the examination due to cancellation of the course by the approved school may reinstate the license by completing the course within six months of the lapsing of the license. (2) Any salesperson who fails to reinstate a lapsed license as provided in paragraph (1) of this subsection must qualify as an original applicant by passing a new examination as required in subsection (b) of this Code section and must complete 25 in-class hours of instruction approved by the commission before making application to reinstate such license. (e) Except those individuals actively licensed on January 1, 1980, each applicant for renewal of an active license must furnish to the commission before renewing a license evidence of satisfactorily completing a continuing education course or courses approved by the commission. The length of the course or courses taken by licensees to meet this requirement of continuing education must total at least six hours for each year of the renewal period established by the commission. The commission shall not require the passing of an examination to meet this requirement. Continuing education courses will be provided by all educational or duly authorized instructional organizations teaching real estate licensing courses. No licensee whose license has been placed on inactive status shall be allowed to reactivate unless the provisions of this subsection and subsection (g) of Code Section 43-40-12 are met. (f) Instructors in all of the approved courses must be approved by the commission and, where the commission deems necessary, receive any special instruction the commission may require. (g) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a license or denial of renewal of a license without further hearing. No fees or portion of fees paid shall be refunded if a licensee fails to meet the continuing education provisions of this chapter. (h) The commission may prepare and distribute to licensees under this chapter educational material deemed of assistance in the conduct of their business. (i) The commission, through its rules and regulations, shall establish standards for the offering of the prelicense education courses required by this chapter by methods of instruction, which it deems to be

Page 201

educationally sound, other than in-class instruction. The commission, through its rules and regulations, may establish standards for the offering of continuing education courses required by this chapter by methods of instruction, which it deems to be educationally sound, other than in-class instruction. SECTION 5. Said title is further amended by striking in its entirety paragraph (4) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 14 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability company, or corporation until said partnership, limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state; SECTION 6. Said title is further amended by striking in its entirety subsection (e) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new subsection (e) to read as follows: (e)(1) Notwithstanding any other provision of this Code section, a licensed broker of another state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has and maintains an active license in the out-of-state broker's state of residence. For purposes of this subsection, a `licensed broker of another state' means the licensed broker and other brokers or salespersons licensed under such broker. The licensed Georgia broker and the licensed broker of another state must enter into a separate agreement for each transaction in which they become involved. The Georgia broker shall maintain for at least three years a copy of any written agreement into which such Georgia broker enters with a licensed broker of another state. Each written agreement shall provide:

Page 202

(A) For procedures to be followed in the event of the out-of-state broker's performing any of the acts of a broker on real property located in Georgia; (B) How the brokers will divide any earned commissions; (C) That any listing or property management agreement for Georgia real property in which the out-of-state broker will participate shall be in the name of the Georgia broker; (D) That the out-of-state broker shall conduct negotiations with any client of a Georgia broker only with the express permission of the Georgia broker; (E) That any advertisement by any means of Georgia real property shall identify the listing Georgia broker; (F) That any contracts, agreements, or offers on Georgia real property shall clearly identify the Georgia broker and the out-of-state broker with the statement that the out-of-state broker is not licensed by the Georgia Real Estate Commission; that said contract, agreement, or offer shall be construed under Georgia law; and that the superior courts of this state shall have jurisdiction over any actions which may be brought against either broker as a result of such contract, agreement, or offer; (G) That any trust funds obtained in any transaction involving any real property in Georgia by an out-of-state broker shall be held in the trust account of the Georgia broker unless agreed otherwise in writing by the party or parties having any interest in said trust funds; and (H) Such other matters as the commission may require by rule and regulation. (2) Notwithstanding any other provision of this Code section, the commission in its discretion may enter into written agreements with similar licensing authorities of other states to permit persons licensed in those states to conduct real estate brokerage business in Georgia without obtaining a license in Georgia, provided that such other states afford the same opportunities to Georgia licensees. SECTION 7. 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: 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

Page 203

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. When renewing a license, a broker must complete a form prescribed by the commission regarding the status of such broker's trust account or accounts and any trust account or accounts that the broker allows affiliated licensees to maintain. 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. The commission, through its rules and regulations, may establish standards for the filing of applications and fees by electronic means or by courier services. (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

Page 204

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 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 (e) 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 (e) 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 (e) 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 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. If a 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.

Page 205

(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; (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; and (4) Submits to the commission a check that is returned unpaid. (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

Page 206

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 8. Said title is further amended by striking in its entirety Code Section 43-40-15, relating to the granting, revocation, or suspension of licenses, and inserting in lieu thereof a new Code Section 43-40-15 to read as follows: 43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned by any legally constituted regulatory agency for violating a law regulating the sale of real estate. (b)(1) As used in this Code section, the term: (A) `Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) `Felony' includes any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere. (2) Where an applicant for a community association manager's license or a salesperson's license has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country, such conviction in itself may be a sufficient ground for refusal of a license. An applicant for licensure as an associate

Page 207

broker or a broker who has been convicted of any offense enumerated in this subsection may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) 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. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter. (d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license. (e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has: (1) Surrendered or voluntarily surrenders the license to the commission; (2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees then if such surrender or lapsing takes place after the commission has filed a notice of hearing alleging that such licensee has violated any

Page 208

provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (h) Whenever any occupational licensing body of this state, any other state, or any foreign country has sanctioned the license of an applicant for any license authorized by this chapter 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 any license authorized by this chapter 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. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. The failure of a licensee to notify the commission of

Page 209

the licensee's conviction within 60 days of the date of that conviction shall be grounds for automatically revoking the licensee's license prior to any hearing at the time the commission receives evidence of that conviction. Following any such hearing held pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter. (j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section. SECTION 9. Said title is further amended by striking in its entirety subsection (d) of Code Section 43-40-19, relating to change of place of business or transfer of salesperson or associate broker, and inserting in lieu thereof a new subsection (d) to read as follows: (d) A salesperson or community association manager shall not act as a licensee for any broker other than the broker holding the salesperson's or community association manager's license except as provided in subsection (c) of this Code section. SECTION 10. Said title is further amended by striking in their entirety subsections (c) and (h) of Code Section 43-40-20, relating to trust or escrow checking account for real estate business, and inserting in lieu thereof new subsections (c) and (h) to read as follows: (c) Each broker shall authorize the commission to examine such trust account by a duly authorized representative of the commission. The commission may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations. In lieu of the renewal period examination by a duly authorized representative of the commission, the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker

Page 210

supply to it written reports on the status of the broker's designated trust account or accounts. (h) Community association managers, salespersons, or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account. SECTION 11. Said title is further amended by adding between Code Sections 43-40-22 and 43-40-23 a new Code Section 43-40-22.1 to read as follows: 43-40-22.1. (a) The commission may require that each broker who provides community association management services under this chapter and who collects, controls, has access to, or disburses community association funds shall at all times provide or be covered by a fidelity bond or fidelity insurance coverage protecting the community associations being managed by the broker against loss of any funds belonging to those community associations being held or controlled by the broker. (b) The commission shall establish through its rules and regulations the criteria that such fidelity bonds or fidelity insurance, if required, must meet. (c) Each broker providing community association management services shall maintain a copy of any mandatory fidelity bond or fidelity insurance policy and a current certificate of each such bond or insurance policy showing current coverage, shall provide a copy thereof to the community association, and shall produce a copy thereof at the reasonable request of the commission or any of its agents for their inspection.

Page 211

SECTION 12. Said title is further amended by striking in its entirety Code Section 43-40-25, relating to violations by licensees, schools, and instructors, and inserting in lieu thereof a new Code Section 43-40-25 to read as follows: 43-40-25. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $2,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: (1) Because of race, color, religion, sex, disability, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or

Page 212

(E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own; (5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction; (7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management

Page 213

agreement to break such contract or agreement for the purpose of substituting in lieu thereof any other contract or agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions: (A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the

Page 214

buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker; (24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing, sales contract, or management agreement from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker;

Page 215

(30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties; (32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; or (33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so. (b) When a licensee has previously been sanctioned by the commission or by any other state's real estate brokerage licensing authority, the commission, through its hearing officers, may consider any such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after a hearing. (c) Whenever a licensee acts in a real estate transaction as a principal or as an officer, employee, or member of a corporation, limited liability company, or partnership or any other entity acting as a principal, the commission may impose any sanction permitted by this chapter if the licensee commits any unfair trade practice enumerated in this Code section or violates any other provision of this chapter or any rules and regulations adopted pursuant to this chapter in such a transaction. (d) Whenever a community association manager, a salesperson, or an associate broker violates any provision of this chapter or any rules and regulations adopted pursuant to this chapter by performing any duty or act of a broker enumerated in this chapter or any rules and regulations adopted pursuant to this chapter either with the proper delegation of that duty or act by the broker or without the broker's authorization, the commission may impose any sanction permitted under this chapter on the license of such community association manager, salesperson, or associate broker. SECTION 13. Said title is further amended by striking in its entirety subsection (a) of Code Section 43-40-29, relating to exemptions to operation of title, and inserting in lieu thereof a new subsection (a) to read as follows:

Page 216

(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 or community association 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 or community association management services, selling, buying, leasing, managing, auctioning, or otherwise dealing with such property; (8.1) Any person employed on a full-time basis by a community association for the purpose of providing community association management services; (9) Any person acting as a referral agent who is not involved in the actual negotiations, execution of documents, collection of rent,

Page 217

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; (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 property management services on 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 explicitly authorized by the broker in a written agreement between the broker and the employee and provided that such 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 executing leases or rental agreements; (D) Providing information authorized 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 any ministerial acts that are explicitly authorized by the broker in a written agreement between the broker and the employee. Any broker utilizing the services of such an employee shall be held responsible under this chapter for the activities of that individual; (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;

Page 218

(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; (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; (12) Any person who is a member of a community association and who provides community association management services only to one community association of which such person is a member; (13) Any person who performs only physical maintenance on a property; or (14) A licensed certified public accountant or registered public accountant acting solely as an incident to the practice of public accounting. SECTION 14. Said title is further amended by adding after Code Section 43-40-30.1 a new Code Section 43-40-30.2 to read as follows: 43-40-30.2. (a) Any person, except the designated officer, partner, or member of a firm as provided below, providing community association management services as defined in paragraph (4.2) of Code Section 43-40-1 must obtain any license required by this chapter by January 1, 1997. The commission may grant a broker's license to a corporation, partnership, or limited liability company engaged solely in providing community

Page 219

association management services, provided that such corporation, partnership, or limited liability company designates a qualifying broker no later than July 1, 1997. In order to be granted a broker's license prior to designating a qualifying broker, such corporation, partnership, or limited liability company must first designate an officer, if a corporation; a partner, if a partnership; or a member, if a limited liability company, to sign any documents and applications that must be filed with the commission and to disburse trust funds from the firm's designated trust account or accounts as may be required by any contracts or agreements authorizing the firm to hold such trust funds. Any person who seeks to be the qualifying broker of a firm providing community association management services and who was not previously licensed as a broker or qualifying broker must by July 1, 1997: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (4) Furnish evidence of three years of experience in actively providing community association management services under a written contract prior to qualifying to take the broker's examination; (5) Furnish evidence of completion of 60 in-class hours in a broker's course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection. (b) This Code section shall be repealed in its entirety effective July 2, 1997. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996.

Page 220

REVENUE AND TAXATION TAXATION OF CORPORATIONS; ALLOCATION AND APPORTIONMENT OF CORPORATE INCOME; JOB TAX CREDITS; TAX CREDITS FOR EXISTING MANUFACTURING FACILITIES IN TIER 1 COUNTIES; TAX CREDITS FOR APPROVED RETRAINING PROGRAMS; VARIOUS SALES AND USE TAX EXEMPTIONS. Code Title 48 Amended. No. 606 (House Bill No. 1501). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional authority of the state revenue commissioner with respect to allocation and apportionment of corporate income; to change a definition regarding job tax credits; to change the eligibility requirements for certain job tax credits; to change provisions regarding the simultaneous claiming of certain tax credits for existing manufacturing facilities in tier 1 counties under certain circumstances; to change the amount of the tax credit for employers providing approved retraining programs; to revise and change an exemption from sales and use taxation with respect to the sale of certain electricity; to revise and change an exemption from sales and use taxation for sales of primary material handling equipment; to provide for an exemption from sales and use taxation with respect to the remanufacture of aircraft engines or aircraft engine parts or components; to provide for an exemption from sales and use taxation with respect to materials or property used in connection with certain federal contracts; 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. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking subparagraph (d)(3)(E) of Code Section 48-7-31, relating to taxation of corporations, and inserting in its place a new subparagraph (d)(3)(E) to read as follows: (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, or the commissioner may by regulation require, 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;

Page 221

(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;. SECTION 2. Said title is further amended by striking subsection (e) of Code Section 48-7-40, relating to tax credits for certain business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows: (e) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,500.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, only those business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit received for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. SECTION 3. Said title is further amended by striking subsection (a) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (a) to read as follows: (a) As used in this Code section, the term `business enterprise' means any business or the headquarters of any such business which is engaged

Page 222

in manufacturing, warehousing and distribution, processing, tourism, and research and development industries. Such term shall not include retail businesses. SECTION 4. Said title is further amended by striking subsection (e) of Code Section 48-7-40.1, relating to tax credits for business enterprises in less developed areas, and inserting in its place a new subsection (e) to read as follows: (e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit. In addition, not less than 30 percent of such new full-time jobs must be held by a resident of the less developed area for which the credit is sought or another such designated less developed area. Credit shall not be allowed during a year if the net employment increase falls below five. Any credit received for years prior to the year in which the net employment increase falls below five shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five. SECTION 5. Said title is further amended by striking paragraph (2) of subsection (d) of Code Section 48-7-40.2, relating to tax credits for existing manufacturing facilities in tier 1 counties, and inserting in its place a new paragraph (2) to read as follows: (2) For taxable years beginning on or after January 1, 1995, and ending on or prior to December 31, 1998, 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 250 new full-time employee jobs must be created in the first taxable year and maintained through the end of the third 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

Page 223

any taxable year in which that taxpayer claims both of the tax credits as authorized under this paragraph. SECTION 6. 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-half of the costs of retraining per full-time employee, or $500.00 per full-time employee, whichever is less, for each 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 7. Said title is further amended by striking subparagraph (B) of paragraph (6) of Code Section 48-8-2, relating to definitions regarding sales and use tax, and inserting in its place a new subparagraph (B) to read as follows: (B)(i) Except as otherwise provided in division (ii) of this subparagraph, the sale of natural or artificial gas, oil, electricity, solid fuel, transportation, local telephone services, beverages, and tobacco products, when made to any purchaser for purposes other than resale. (ii) The sale of electricity used directly in the manufacture of a product shall not constitute a retail sale for purposes of this article if the direct cost of such electricity exceeds 50 percent of the cost of all materials, including electricity, used directly in the product and shall be exempt from taxation under this article. Such exemption shall be applied to manufacturers located in this state as follows: (I) For calendar years beginning on or after January 1, 1995, and prior to January 1, 1996, 20 percent of the direct cost of such electricity shall be exempt; (II) For calendar years beginning on or after January 1, 1996, and prior to January 1, 1997, 40 percent of the direct cost of such electricity shall be exempt; (III) For calendar years beginning on or after January 1, 1997, and prior to January 1, 1998, 60 percent of the direct cost of such electricity shall be exempt; (IV) For calendar years beginning on or after January 1, 1998, and prior to January 1, 1999, 80 percent of the direct cost of such electricity shall be exempt; and

Page 224

(V) For calendar years beginning on or after January 1, 1999, 100 percent of the direct cost of such electricity shall be exempt;. SECTION 8. Said title is further amended by striking subparagraph (A) of paragraph (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subparagraph (A) to read as follows: (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 $5 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 $5 million or more. SECTION 9. Said title is further amended by adding immediately following paragraph (34.1) of Code Section 48-8-3, relating to exemptions from sales and use tax, a new paragraph (34.2) to read as follows: (34.2)(A) The sale or use of machinery which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components in a remanufacturing facility located in this state. For purposes of this paragraph, `remanufacture of aircraft engines or aircraft engine parts or components' means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components on a factory basis. (B) Any person making a sale of machinery for the remanufacture of aircraft engines or aircraft engine parts or components shall collect the tax imposed on the sale by this article unless the purchaser furnishes a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery without paying the tax;. SECTION 10. Said title is further amended by striking or at the end of paragraph (56), by striking the period at the end of paragraph (57) and inserting in its place ; or, and by adding a new paragraph immediately following paragraph (57) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, to be designated paragraph (58), to read as follows: (58)(A) Notwithstanding any provisions of this chapter to the contrary, sales to or use by a government contractor of overhead

Page 225

materials in performance of a contract with the United States government to which title passes immediately to the government under the terms of the contract. (B) As used in this paragraph, the term: (i) `Government contractor' means a person who enters into a contract with the United States Department of Defense or the National Aeronautics and Space Administration to sell services or tangible personal property, or both, for the purpose of the national defense. (ii) `Overhead materials' means any tangible personal property used or consumed in the performance of a contract between the United States Department of Defense or the National Aeronautics and Space Administration and a government contractor, the cost of which is charged to an expense account and allocated to various United States government contracts based upon generally accepted accounting principles, and consistent with government contract accounting standards. The term overhead materials does not include tangible personal property which is incorporated into real property construction. (C) The exemption provided for in this paragraph shall be applicable to all calendar years beginning on or after January 1, 1997, as follows: (i) At the rate of 25 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1997; (ii) At the rate of 50 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1998; (iii) At the rate of 75 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 1999; and (iv) At the rate of 100 percent of the total sale or use as provided in subparagraph (A) for the calendar year beginning January 1, 2000, and for each calendar year thereafter. (D) This paragraph shall stand repealed on January 1, 2005. SECTION 11. (a) Except as otherwise provided in this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1996.

Page 226

(b) Sections 7, 8, and 10 of this Act shall become effective on January 1, 1997. (c) Section 9 of this Act shall become effective on July 1, 1996. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Approved March 29, 1996. PROFESSIONS AND BUSINESSES DENTISTS AND DENTAL HYGIENISTS; TEACHING LICENSES; RENEWAL, RESTORATION, AND REISSUANCE OF DENTISTS' AND DENTAL HYGIENISTS' LICENSES. Code Title 43, Chapter 11 Amended. No. 607 (House Bill No. 1330). AN ACT To amend Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, so as to change the provisions relating to teaching licenses; to change the provisions relating to renewal of licenses and provide for restoration and reissuance thereof; to change the provisions relating to disciplinary sanctions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 43 of the Official Code of Georgia Annotated, relating to dentists and dental hygienists, is amended by striking subsection (a) of Code Section 43-11-42, relating to teachers' licenses, and inserting in its place the following: (a) The board may issue, in its discretion, without examination, teachers' licenses to dentists holding a dental license from another state and to dental hygienists holding a dental hygienist license from another state. A teacher's license shall only be issued to a dentist or dental hygienist who has graduated from a school or college accredited by the American Dental Association or its successor agency, if any, for the sole purpose of teaching or demonstrating, in a regularly licensed dental college or clinic or dental hygiene school in this state, those procedures and services recognized in this state to be within the scope of practice of such person's professional license.

Page 227

SECTION 2. Said chapter is further amended by striking Code Section 43-11-46, relating to renewal of licenses to practice dentistry, and inserting in its place the following: 43-11-46. (a) Every person licensed by the board to practice dentistry shall register biennially on the renewal date set by the joint-secretary and shall pay to the joint-secretary a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration. (b) The failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement only in the discretion of the board. The board may restore and reissue a license to practice dentistry pursuant to this chapter under any terms or conditions that it may deem appropriate. (c) After 1988, as a prerequisite for license renewal, dentists shall furnish satisfactory evidence of current certification in cardiopulmonary resuscitation as may be defined by rule or regulation of the board. SECTION 3. Said chapter is further amended by striking paragraph (13) of subsection (a) of Code Section 43-11-47, relating to sanctions of licenses, and inserting in its place the following: Reserved;. SECTION 4. Said chapter is further amended by striking Code Section 43-11-73, relating to renewal of licenses to practice dental hygiene, and inserting in its place the following: 43-11-73. (a) Every person licensed by the board to practice dental hygiene shall register biennially on the renewal date set by the joint-secretary and shall pay to the joint-secretary a registration fee which shall be set by the board. The board shall provide for penalty fees for late registration. (b) The failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement only in the discretion of the board. The board may restore and reissue a license to practice dental hygiene pursuant to this chapter under any terms or conditions that it may deem appropriate. (c) After 1988, as a prerequisite for license renewal, dental hygienists shall furnish satisfactory evidence of current certification in

Page 228

cardiopulmonary resuscitation, as may be defined by rule or regulation of the board. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; DISCLOSURE OF ORGAN DONOR INFORMATION TO CERTAIN ORGANIZATIONS. Code Section 40-5-25 Amended. No. 608 (House Bill No. 1331). AN ACT To amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to driver's license applications and fees, so as to provide for the disclosure to certain organ procurement organizations of certain organ donor information contained on certain drivers' licenses; to provide for purposes of disclosure and for further use of such information; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to driver's license applications and fees, is amended by adding at the end of subsection (d) thereof a new paragraph to read as follows: (3) The department shall make available to those federally designated organ procurement organizations the name, license number, date of birth, and most recent address of any person who obtains a driver's license with the reduced fee provided for in paragraph (2) of this subsection. Information so obtained by such organizations shall be used for the purpose of establishing a state-wide organ donor registry accessible to organ tissue and eye banks authorized to function as such in this state and shall not be further disseminated. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 229

ELECTIONS CHANGES IN CONGRESSIONAL DISTRICTS; EFFECT ON MEMBERSHIP OF CERTAIN BOARDS AND BODIES. Code Section 21-2-4.1 Amended. No. 609 (House Bill No. 1336). AN ACT To amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, so as to change provisions relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congressional districts; to provide for the applicability of such provisions to certain boards and bodies; to provide for the applicability of such provisions with respect to legislative redistricting and court ordered redistricting; to provide for the time and manner of applicability; 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 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries in general, is amended by striking Code Section 21-2-4.1, relating to the effect of changes in congressional districts on boards and bodies whose membership is selected on the basis of residency within congressional districts, and inserting in its place a new Code section to read as follows: 21-2-4.1. (a) Any member of any constitutional or statutory board or body who: (1) Is in office on January 1 of the year following the year in which members of Congress are first elected from Georgia under any congressional redistricting Act; and (2) Was appointed or otherwise selected (other than by election by the people) on the basis of residency within a congressional district shall have his or her eligibility or ineligibility to continue to serve determined as provided in this subsection. Such member shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate

Page 230

which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the date of such designation by the appointing authority. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a vacancy shall exist. Such vacancy shall be filled by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displacement of a member from a congressional district on the basis of residency, the initial appointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as provided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body. (b) The same rules provided for in subsection (a) of this Code section shall be applied insofar as may be practicable in the event a court of competent jurisdiction enters an order changing the composition of Georgia's congressional districts. In such event, such rules shall be applied as of January 1 of the year following the year in which members of Congress are first elected from Georgia under such court order. If such a court order is stayed, the application of this subsection shall likewise be stayed. If such a court order is subject to appeal but is not stayed and congressional elections are held under such court order, the application of this subsection likewise shall not be stayed. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. REVENUE AND TAXATION SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; TIME FOR RESUBMITTING IMPOSITION QUESTION. Code Section 48-8-111 Amended. No. 610 (House Bill No. 1367). AN ACT [Illegible Text] amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures regarding the imposition of the special county percent sales and use tax, so as to change the period of time which must

Page 231

elapse prior to resubmitting an imposition question; 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 procedures regarding the imposition of the special county 1 percent sales and use tax, is amended by striking subsection (e) and inserting in its place a new subsection (e) to read as follows: (e) All persons desiring to vote in favor of imposing the tax shall vote `Yes' and all persons opposed to levying the tax shall vote `No.' If more than one-half of the votes cast are in favor of imposing the tax then the tax shall be imposed as provided in this article; otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the county until after 12 months immediately following the month in which the election was held; provided, however, that if an election date authorized under Code Section 21-2-540 occurs during the twelfth month immediately following the month in which such election was held, the question of imposing the tax may be submitted to the voters of the county on such date. The election superintendent shall hold and conduct the election under the same rules and regulations as govern special elections. The superintendent shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the commissioner. The expense of the election shall be paid from county funds. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. COMMERCE AND TRADE TELEMARKETING DEFINED; CERTAIN CRIMINAL ACTS COMMITTED WHILE ENGAGED IN TELEMARKETING OR INTERNET ACTIVITIES; PENALTIES; ENFORCEMENT; REMEDIES. Code Section 10-1-393.5 Enacted. Code Sections 10-1-399, 10-5B-6, and 16-18-12 Amended. No. 611 (House Bill No. 1400). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to make the definition of telemarketing

Page 232

consistent with federal law; to provide for civil penalties in addition to existing criminal penalties in cases of intentional criminal theft while engaged in telemarketing or internet activities; to provide for investigations and enforcement; to provide for the powers and authority of enforcement officers; to change the provisions relating to civil or equitable remedies by individuals; to authorize certain actions as a result of violations of Chapter 5B of this title or certain violations of this part; to provide for penalties; to change certain penalty provisions relating to violations of Chapter 5B of this title; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, so as to provide for penalties with respect to theft committed while engaged in telemarketing or if telemarketing conduct is in violation of Chapter 5B of Title 10; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade is amended by adding between Code Sections 10-1-393.4 and 10-1-394 a new Code Section 10-1-393.5 to read as follows: 10-1-393.5. (a) For purposes of this Code section, the term `telemarketing' shall have the same meaning which it has under 16 Code of Federal Regulations Part 310, the Telemarketing Sales Rule of the Federal Trade Commission, except that the term `telemarketing' shall also include those calls made in intrastate as well as interstate commerce. (b) Without otherwise limiting the definition of unfair and deceptive acts or practices under this part, it shall be an unlawful, unfair, and deceptive trade practice under this part to commit any offense involving theft under Code Sections 16-8-2 through 16-8-9 while engaging in telemarketing or while engaging in any activity on the internet or any similar computerized system which individuals connect to by use of a computer and a modem. (c) In addition to any civil penalties under this part, any person who violates subsection (b) of this Code section with intent to commit any theft under Code Sections 16-8-2 through 16-8-9 shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. (d) Any person who intentionally targets an elder or disabled person, as defined in Article 31 of this chapter, in a violation of subsection (b) of this Code section shall be subject to double the applicable civil and criminal penalties for such violation or offense. (e) Persons employed full time or part time for the purpose of conducting telemarketing investigations under this Code section shall be

Page 233

designated as certified peace officers, and any person so designated shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this Code section, including but not limited to the power to obtain, serve, and execute search warrants. Such Georgia certified peace officers shall be subject to the requirements of Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' and are specifically required to complete the training required for peace officers by that chapter. Such certified peace officers shall be authorized, upon completion of the required training, with the written approval of the administrator, and notwithstanding Code Sections 16-11-126, 16-11-128, and 16-11-129, to carry firearms of a standard police issue when engaged in detecting, investigating, or preventing crimes under this Code section. SECTION 2. Said title is further amended by striking in its entirety subsection (a) of Code Section 10-1-399, relating to civil or equitable remedies by individuals, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person who suffers injury or damages as a result of a violation of Chapter 5B of this title, as a result of consumer acts or practices in violation of this part, as a result of office supply transactions in violation of this part or whose business or property has been injured or damaged as a result of such violations may bring an action individually, but not in a representative capacity, against the person or persons engaged in such violations under the rules of civil procedure to seek equitable injunctive relief and to recover his general and exemplary damages sustained as a consequence thereof in any court having jurisdiction over the defendant; provided, however, exemplary damages shall be awarded only in cases of intentional violation. Notwithstanding any other provisions of law, a debtor seeking equitable relief to redress an injury resulting from a violation of paragraph (20) of subsection (b) of Code Section 10-1-393, upon facts alleged showing a likelihood of success on the merits, may not, within the discretion of the court, be required to make a tender. Nothing in this subsection or paragraph (20) of subsection (b) of Code Section 10-1-393 shall be construed to interfere with the obligation of the debtor to a lender who is not in violation of paragraph (20) of subsection (b) of Code Section 10-1-393. A claim under this Code section may also be asserted as a defense, setoff, cross-claim, or counterclaim or third-party claim against such person. SECTION 3. Said title is further amended by striking in its entirety Code Section 10-5B-6 relating to penalties for violation of Chapter 5B of such title relating to deceptive, fraudulent, or abusive telemarketing, and inserting in lieu thereof a new Code Section 10-5B-6 to read as follows:

Page 234

10-5B-6. (a) Any person who shall willfully violate any provision of this chapter shall be guilty of a felony and, upon conviction thereof, shall be punished as described under subparagraph (a)(4)(A) of Code Section 16-8-12. (b) Any person who suffers injury or damages as a result of a violation of this chapter may bring an action and may recover under Code Section 10-1-399, relating to private rights of action. (c) Any person who intentionally targets an elder or disabled person, as definded in Article 31 of Chapter 1 of this title, in a violation of this chapter shall be subject to double the applicable civil and criminal penalties for such violation or offense. (d) Nothing in this chapter shall limit any statutory or common-law right of the state to punish any person for violation of any law. SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, is amended by striking in its entirety subparagraph (a)(4)(A) and inserting in lieu thereof a new subparagraph (A) to read as follows: (4)(A) The provisions of paragraph (1) of this subsection notwithstanding, if the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value or if the theft was committed while engaged in telemarketing as defined under Code Section 10-1-393.5 or telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than 20 years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second offense under this paragraph shall be punished by imprisonment for not less than three years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld; and any person who is convicted of a third offense under this paragraph shall be punished by imprisonment for not less than ten years nor more than 20 years, no portion of which may be suspended, probated, deferred, or withheld. 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 1, 1996.

Page 235

PROFESSIONS AND BUSINESSES RESPIRATORY CARE PROFESSIONALS; EXEMPTION FROM CONTINUING EDUCATION REQUIREMENT. Code Section 43-34-3 Amended. No. 612 (House Bill No. 1498). AN ACT To amend Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, so as to provide that such Code section shall not apply to respiratory care professionals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-34-3 of the Official Code of Georgia Annotated, relating to continuing education requirements for persons licensed or certified by the Composite State Board of Medical Examiners, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board shall be authorized to require persons seeking renewal of a license or certificate under this chapter to complete board approved continuing education of not less than 40 hours biennially. The board shall be authorized to approve courses offered by institutions of higher learning, specialty societies, or professional organizations, including, but not limited to, the American Medical Association, the National Medical Association, and the American Osteopathic Association, the number of hours required, and the category in which these hours should be earned. This Code section shall not apply to respiratory care professionals or persons seeking renewal of certification as respiratory care professionals. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 236

MOTOR VEHICLES AND TRAFFIC ELECTRIC ASSISTED BICYCLES; USE ON BICYCLE PATHS; OPERATION RESTRICTED TO CERTAIN PERSONS; PROTECTIVE HEADGEAR. Code Title 40 Amended. No. 613 (House Bill No. 1506). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for a definition; to permit the operation of electric assisted bicycles on bicycle paths; to restrict operation of electric assisted bicycles to persons 15 years of age or older; to provide for protective headgear for operators of electric assisted bicycles; 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 inserting a new paragraph (15.5) in Code Section 40-1-1, relating to definitions, to read as follows: (15.5) `Electric assisted bicycle' means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor. For such a device to be considered an electric assisted bicycle, it shall meet the requirements of the Federal Motor Vehicle Safety Standards, as set forth in 49 CFR 571 et seq., and shall operate in such a manner that the electric motor disengages or ceases to function when the brakes are applied. The electric motor in an electric assisted bicycle shall: (A) Have a power output of not more than 1,000 watts; (B) Be incapable of propelling the device at a speed of more than 20 miles per hour on level ground; and (C) Be incapable of further increasing the speed of the device when human power alone is used to propel the device at or more than 20 miles per hour. SECTION 2. Said title is further amended by inserting a new subsection (e) in Code Section 40-6-294, relating to riding on roadways and bicycle paths, to read as follows: (e) Electric assisted bicycles as defined in Code Section 40-1-1 may be operated on bicycle paths.

Page 237

SECTION 3. Said title is further amended by striking in its entirety Code Section 40-6-351, relating to driver's license or permit required for certain operators, and inserting in lieu thereof the following: 40-6-351. No person under 15 years of age shall operate a moped or an electric assisted bicycle upon the public roads and highways of this state. No person shall operate a moped upon the public roads and highways of this state unless he or she shall have in his or her possession a valid driver's license, instructional permit, or limited permit issued to him or her pursuant to Chapter 5 of this title; provided, however, that all classes of licenses, instructional permits, or limited permits issued pursuant to Chapter 5 of this title shall be valid for the purposes of operating mopeds upon the public roads and highways of this state. No license or permit shall be required for the operation of an electric assisted bicycle. SECTION 4. Said title is further amended by striking in its entirety subsection (a) of Code Section 40-6-352, relating to protective headgear, and inserting in lieu thereof the following: (a) No person shall operate or ride as a passenger upon a moped unless he or she is wearing protective headgear which complies with standards established by the commissioner. The commissioner in determining such standards shall consider the size, speed, and operational characteristics of the moped. Such standards need not necessarily be the same as for motorcyclists; however, any moped operator wearing an approved motorcycle helmet shall be deemed in compliance with this subsection. Operators of electric assisted bicycles may wear a properly fitted and fastened bicycle helmet which meets the standards of the American National Standards Institute or the Snell Memorial Foundation's Standards for Protective Headgear for Use in Bicycling, rather than a motorcycle helmet. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 238

CONSERVATION AND NATURAL RESOURCES GEORGIA ASBESTOS SAFETY ACT REVISED; ASBESTOS LICENSING BOARD ABOLISHED; DUTIES OF DIRECTOR OF ENVIRONMENTAL PROTECTION DIVISION; CERTAIN PROVISIONS RELATING TO LICENSURE OF ASBESTOS CONTRACTORS AND RELATED MATTERS REPEALED. Title 12, Chapter 12 Amended. No. 614 (House Bill No. 1636). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to repeal the Asbestos Licensing Board and to transfer certain duties of such board to the director of the Environmental Protection Division of the Department of Natural Resources; to repeal certain provisions relating to the licensure of asbestos contractors and matters related thereto; to provide for duties of the director; 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 Chapter 12, the Georgia Asbestos Safety Act, which reads as follows: CHAPTER 12 12-12-1. This chapter shall be known and may be cited as the `Georgia Asbestos Safety Act.' 12-12-2. It is the purpose of this chapter to protect the public health, safety, and environment of the people of this state by establishing an Asbestos Licensing Board to adopt, administer, and enforce a program for licensing contractors and for certifying asbestos foremen engaged in the removal or encapsulation of friable asbestos-containing materials from facilities and residential dwellings in accordance with the provisions of this chapter and regulations issued pursuant to this chapter. It is the future purpose of this chapter to establish a program of notification, fees, and certification for asbestos removal or encapsulation projects to be administered by the director of the Environmental Protection Division of the Department of Natural Resources. 12-12-3. As used in this chapter, the term:

Page 239

(1) `Asbestos' means any naturally-occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomitegrunerite, amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite. (2) `Asbestos foreman' means any individual who is employed or engaged by a contractor to supervise the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials. (3) `Board' means the Asbestos Licensing Board as established by this chapter. (4) `Contractor' means any person who contracts with an owner or operator of a facility or residential dwelling to perform the removal or encapsulation of friable asbestos-containing material from any such facility or residential dwelling. `Contractor' shall not include any employee of such owner or operator. (5) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources of the State of Georgia or his designee. (6) `Division' means the Environmental Protection Division of the Department of Natural Resources of the State of Georgia. (7) `Emergency project' means the removal or encapsulation of friable asbestos-containing material from any facility where such activity must be conducted immediately in order to prevent disruption of a commercial or industrial process or activity or destruction of property. (8) `Encapsulation' means to coat, bind, or resurface walls, ceilings, pipes, or other structures with a sealant to prevent friable asbestos from becoming airborne. (9) `Facility' means any institutional, commercial, or industrial structure, installation, or building, including apartment buildings having more than four dwelling units. (10) `Friable asbestos-containing material' means any material which is applied onto ceilings, walls, structural members, piping, boilers, tanks, pumps, ductwork, or any other part of the building containing more than 1 percent asbestos, by weight, and which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. (11) `Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and federal governments. (12) `Project' means the removal or encapsulation by a contractor of friable asbestos-containing material from any facility or residential dwelling.

Page 240

(13) `Removal' means to take out, strip, clean up, or dispose of friable or potentially friable asbestos-containing materials from any facility or residential dwelling as defined by this chapter. (14) `Residential dwelling' means any family residence or apartment building with four or fewer dwelling units. (15) `Small project' means any asbestos removal or encapsulation project involving less than 160 square feet or 260 linear feet of friable asbestos-containing materials. 12-12-4. (a) There is created a state Asbestos Licensing Board to adopt, administer, and enforce a program of licensing for contractors and certification for asbestos foremen. The board shall consist of seven members, each of whom shall be appointed by the Governor, subject to confirmation by the Senate. The initial board members shall begin their terms of office on July 1, 1986. The first appointees shall serve their terms as follows: four members for two years and three members for four years. Thereafter, each member shall serve a term of four years and until his successor is appointed. At the first meeting of the board held each year, the members shall elect a chairman to serve for one year. The Governor may remove any member of the board for neglect of duty, incompetence, or other unethical or dishonorable conduct. After such removal or after the creation of a vacancy due to death, resignation, or ineligibility, the Governor shall appoint a successor to serve the unexpired term subject to confirmation by the Senate. Any person appointed to the board when the Senate is not in session may serve on the board without Senate confirmation until the Senate acts on that appointment. No member shall serve on the board for more than two consecutive terms. (b) The board must include among the appointed members one contractor engaged in asbestos abatement activities, one building owner or facility administrator, one registered professional engineer, one industrial hygienist familiar with asbestos abatement activities, one representative of labor, one licensed architect, and one person chosen at large who shall have no connection whatsoever with any profession related to asbestos abatement activities. 12-12-5. Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 12-12-6. (a) The director shall act as the administrative agent for the board. (b) The division shall have the duty to bring together and keep all records of the board, to receive all applications for licenses and

Page 241

certificates, to schedule a time and place for all hearings, to issue certificates upon authority of the board, to collect all fees, and to remit such fees to the state treasury. (c) All orders and processes of the board shall be signed and attested by the director or his designee, and any notice or legal process necessary to be served upon the board may be served upon the director. 12-12-7. In carrying out this chapter, the board shall have and may exercise the following powers and duties: (1) To adopt and amend rules and regulations which may be reasonably necessary to provide for its own government and to govern the licensing of contractors, the certification of asbestos foremen, and the regulation of proceedings before the board. The board and all of its rules, regulations, and procedures are subject to and shall comply with the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; (2) To establish annual license and certification fees to recover the cost of processing applications; (3) To pay into the state streasury all fees and moneys received by it; (4) To license contractors; (5) To certify asbestos foremen; and (6) To refuse to grant licenses or certifications, or to suspend or revoke licenses or certifications in a manner consistent with this chapter. 12-12-8. The Board of Natural Resources shall have and may exercise the power to adopt and amend rules and regulations which may be necessary to ensure proper performance of asbestos removal and encapsulating projects and compliance with any provision of this chapter related thereto, to implement the programs of inspection and enforcement authorized in this chapter, and to adopt a schedule of project fees as required in this chapter. The Board of Natural Resources is expressly empowered to promulgate the rules and regulations consistent with this chapter to ensure the proper performance of asbestos removal and encapsulating projects commenced on and after April 1, 1986, and prior to the effective date of the licensing and certification requirements in this chapter. 12-12-9. The director shall have and may exercise the following powers and duties:

Page 242

(1) To serve as technical secretary to the board. The technical secretary shall assist and advise the board in the conduct of its duties, to include recommending rules and regulations for contractor licensing and asbestos foreman certification, recommending actions to be taken concerning license or certification revocation or suspension, and coordinating activities between the board and the division; (2) To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter; (3) To issue all orders and processes as may be necessary to enforce compliance with provisions of this chapter and all rules and regulations promulgated under this chapter; (4) To conduct such public hearings as are deemed necessary for the proper administration of this chapter; (5) To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, rules and regulations promulgated pursuant to this chapter, and any orders which the director may issue; (6) To institute and prosecute such court actions as may be necessary to enforce compliance with any provisions of this chapter and any rules and regulations promulgated under this chapter; (7) To exercise all incidental powers necessary to carry out the purpose of this chapter; and (8) To encourage voluntary cooperation by persons in affected groups to achieve the purpose of this chapter. 12-12-10. (a) From and after April 1, 1987, any contractor shall obtain a license under this chapter from the board prior to engaging in the removal or encapsulation of friable asbestos-containing materials from any facility or residential dwelling in this state. (b) The application for license shall be made in the manner and form required by the board. An application for license or renewal of a license shall be accompanied by an application fee in the amount required by the board and proof of such training, examination, and experience as are required by the board. (c) The board shall license all applicants for licenses under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. Licenses shall be valid for a period of one year. Licenses shall be renewable upon application to the board and upon satisfaction of the renewal requirements of the board.

Page 243

(d) Notwithstanding any other provisions of this chapter, any person who is licensed under Chapter 14 of Title 43 shall be exempt from the license requirements and other provisions of this chapter when performing asbestos removal or installation which is incidental to the performance of the business or profession for which said person is licensed and when the project involved includes less than: (1) Ten by two continuous linear feet of material constructed of asbestos; or (2) Ten square feet of material constructed of asbestos. 12-12-11. (a) From and after April 1, 1987, no person may be employed as an asbestos foreman unless that person is certified by the board. (b) The board shall certify all applicants for certification under this chapter who satisfy the requirements of this chapter and the rules and regulations promulgated under this chapter. One requirement for such certification shall be the successful completion of a course of training approved by the board. Application for certification shall be made on forms prescribed and furnished by the board and shall be accompanied by a fee as prescribed by the board. (c) A certification shall expire after one year. Applications for the renewal of a certification shall be filed with the board within 30 days of the expiration date. 12-12-12. The board, upon application and without more, may issue a certificate or license in a comparable classification to any person who holds a certificate or license in any state, territory, or possession of the United States, provided that the requirements for licensure of asbestos abatement contractors or asbestos foremen under which the person's license or certificate was issued do not conflict with this chapter and are of a standard not lower than that specified by regulations adopted under this chapter; provided, further, that reciprocal privileges are granted to licensed asbestos abatement contractors and asbestos foremen of this state. 12-12-13. (a) The board, after notice and opportunity for a hearing, may refuse to grant a license or certificate to an applicant therefor or may revoke or suspend the license or certificate of a person licensed or certified by the board upon a finding that the licensee, certificant, or applicant has: (1) Made any false statement or given any false information in connection with an application for license or certificate, including an application for renewal thereof;

Page 244

(2) Knowingly violated this chapter or violated any rule or regulation promulgated pursuant to the authority contained in this chapter; or (3) Failed to demonstrate the qualifications or standards for licensure or certification contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the board that he meets all the requirements for licensure or registration; and, if the board is not satisfied as to the applicant's qualifications, it shall have the power to deny such licensure or certification. (b) Any notice by the board shall be served upon the licensee, certificant, or applicant by either certified mail or personal service setting forth the particular reasons for the proposed action and fixing a date, not less than 20 days from the date of such mailing or 15 days from the date of such personal service, through which time the licensee, certificant, or applicant shall be given the right to petition the board in writing for a hearing. If no such request for hearing is filed with the board during this time period, the proposed action will become final. A petition for hearing shall be considered filed on the date it is received in the director's office. (c) Any hearing under this Code section shall be before an administrative law judge appointed by the board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant to such chapter. The decision of the administrative law judge shall constitute the final decision of the board. (d)(1) If the administrative law judge finds that any applicant for licensure or certification is unqualified to be granted such license or certificate, he may: (A) Deny the application for licensure or certification; or (B) Limit or restrict any license or certificate for a definite period of time. (2) If the administrative law judge finds that the license or certificate of any holder thereof should be revoked or otherwise sanctioned, he may take any one or more of the following actions: (A) Suspend any license or certificate for a definite period of time; (B) Limit or restrict any license or certificate for a definite period of time; (C) Revoke a license or certificate; or (D) Place a licensee or certificant on probation for a definite period of time and impose such conditions of probation as will adequately protect the public during that period.

Page 245

(e) Judicial review of a final decision of the administrative law judge under this Code section shall be had in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 12-12-14. From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; however, the contractor shall notify the director of the activity within seven calendar days after the commencement of such project. The notification shall be made in the manner and form required by the director and shall be accompanied by a project fee established by the Board of Natural Resources. In no case, however, shall the project fee exceed $50.00 for asbestos abatement in a residential dwelling or any small project as defined in this chapter, nor shall it exceed $1,000.00 for any other project. The notification shall state the location of the project, the owner's name and address, the expected dates on which the project will begin and end, and any other information as may be required by the director. The contractor shall comply with this chapter, regulations promulgated pursuant to this chapter, and any regulation pertaining to asbestos removal promulgated under Article 1 of Chapter 9 of this title, `The Georgia Air Quality Act.' Upon completion of the project, the contractor shall certify to the director, on forms specified by the director, that the project was conducted in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter and Article 1 of Chapter 9 of this title, `The Georgia Air Quality Act.' 12-12-15. It shall be unlawful to, and no person shall, either as an asbestos foreman or contractor, engage in the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter and all rules, regulations, and orders established under this chapter. 12-12-16. The director or his authorized employees of the division, upon a presentation of his credentials, shall have a right to enter into, upon, or through premises of persons subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance with the requirements imposed under this chapter; or to determine whether such a violation or threatened violation exists. The contractors shall make available to the director or his authorized representative such records, data, and other information as may be required by this chapter or rules and regulations issued pursuant to this chapter.

Page 246

12-12-17. Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable. 12-12-18. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter; and, upon a showing by the director that such person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 12-12-19. Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-18 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section 12-12-21, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-18 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter. 12-12-20. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under

Page 247

this chapter or has failed or refused to comply with any final order issued under this chapter, he may, upon written request, cause a hearing to be conducted before an administrative law judge appointed by the Board of Natural Resources for the purpose of determining whether such civil penalties should be imposed as are in accordance with the law there involved. The decision of the administrative law judge shall constitute the final decision of the Board of Natural Resources and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and any judicial review thereof shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury. 12-12-21. All hearings on and judicial review of orders or other administrative enforcement actions of the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. 12-12-22. Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court. 12-12-23. It shall be the duty of the Attorney General to provide legal representation to the board and to the director in connection with this chapter. 12-12-24. It is not the intent of this chapter to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Toxic Substances Control Act or the federal Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the federal Occupational Safety and Health Act or by other applicable federal statutes.

Page 248

12-12-25. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, the Board of Natural Resources, or the division. No action shall be brought against the state, the board, the Board of Natural Resources, the division, or any member, officer, or employee of these governmental bodies for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the board, the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings., and inserting in lieu thereof the following: CHAPTER 12 12-12-1. This chapter shall be known and may be cited as the `Georgia Asbestos Safety Act.' 12-12-2. The purpose of this chapter is to protect the public health, safety, and environment of the people of this state by authorizing the Board of Natural Resources to adopt, administer, and enforce a program for licensing contractors and for requiring training for asbestos supervisors, and by managing the removal or encapsulation of friable asbestos-containing materials from facilities and residential dwellings in the safest manner possible. This chapter establishes a program of contractor licensing and a program of notification, fees, and certification for asbestos removal or encapsulation projects to be administered by the director of the Environmental Protection Division of the Department of Natural Resources. 12-12-3. (1) `Asbestos' means any naturally-occurring hydrated mineral silicates separable into commercially used fibers, specifically the asbestiform varieties of serpentine, chrysotile; cummingtomitegrunerite; amosite; riebeckite, crocidolite; anthophyllite; tremolite; and actinolite. (2) `Asbestos supervisor' means any individual who is employed or engaged by a contractor to supervise the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials. (3) `Board' means the Board of Natural Resources.

Page 249

(4) `Contractor' means any person who contracts with an owner or operator of a facility or residential dwelling to perform the removal or encapsulation of friable asbestos-containing material from any such facility or residential dwelling. Such term shall not include any employee of such owner or operator. (5) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources or his or her designee. (6) `Division' means the Environmental Protection Division of the Department of Natural Resources. (7) `Emergency project' means the removal or encapsulation of friable asbestos-containing material from any facility where such activity must be conducted immediately in order to prevent disruption of a commercial or industrial process or activity or destruction of property. (8) `Encapsulation' means the process of coating, binding, or resurfacing walls, ceilings, pipes, or other structures with a sealant to prevent friable asbestos from becoming airborne. (9) `Facility' means any institutional, commercial, or industrial structure, installation, or building, including an apartment building having more than four dwelling units. (10) `Friable asbestos-containing material' means any material which is applied onto ceilings, walls, structural members, piping, boilers, tanks, pumps, ductwork, or any other part of the building containing more than 1 percent asbestos, by weight, and which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. (11) `Person' means any individual, partnership, association, trust, firm, corporation, county, municipality, or other entity, including the state and federal governments. (12) `Project' means the removal or encapsulation by a contractor of friable asbestos-containing material from any facility or residential dwelling. (13) `Removal' means the process of taking out, stripping, cleaning up, or disposing friable or potentially friable asbestos-containing materials from any facility or residential dwelling. (14) `Residential dwelling' means any family residence or apartment building with four or fewer dwelling units. (15) `Small project' means any asbestos removal or encapsulation project involving less than 160 square feet or 260 linear feet of friable asbestos-containing materials.

Page 250

12-12-4. The board shall have the power to adopt and amend rules and regulations necessary to license contractors, to ensure proper training for asbestos supervisors, and to ensure proper performance of asbestos removal and encapsulating projects and compliance with any provision of this chapter, to implement programs of inspection and enforcement, and to adopt a schedule of contractor license and project fees. The board is expressly empowered to promulgate the rules and regulations consistent with this chapter to ensure the proper performance of asbestos removal and encapsulating projects commenced on and after April 1, 1986. 12-12-5. The director shall have the following powers and duties: (1) To collect all fees authorized by this chapter and remit such fees to the state treasury; (2) To exercise general supervision over the administration and enforcement of this chapter and all rules and regulations and orders promulgated under this chapter; (3) To license contractors, and to deny, suspend, or revoke licenses; (4) To issue all orders and processes as may be necessary to enforce compliance with provisions of this chapter and all rules and regulations promulgated under this chapter; (5) To conduct such public hearings as are deemed necessary for the proper administration of this chapter; (6) To make investigations, analyses, and inspections to determine and ensure compliance with this chapter, rules and regulations promulgated pursuant to this chapter, and any orders which the director may issue; (7) To institute and prosecute such court actions as may be necessary to enforce compliance with any provisions of this chapter and any rules and regulations promulgated under this chapter; (8) To exercise all incidental powers necessary to carry out the purpose of this chapter; and (9) To encourage voluntary cooperation by persons in affected groups to achieve the purpose of this chapter. 12-12-6. (a) From and after July 1, 1996, any contractor shall obtain a license as required by rules and regulations established under this chapter prior to engaging in the removal or encapsulation of friable asbestos-containing

Page 251

materials from any facility or residential dwelling in this state. Any contractor holding a valid license on June 30, 1996, shall be considered to hold a valid license until June 30, 1999. (b) The application for a license or renewal of a license shall be accompanied by an application fee in an amount required by the board which reflects the cost of issuing the license and shall be submitted in such manner, on such forms, and containing such information as the director prescribes. (c) A license or renewal license shall be issued to an applicant on evidence satisfactory to the director of compliance with this chapter and any rules and regulations pursuant to this chapter. Licenses shall be valid for a period not to exceed three years. (d) Notwithstanding any other provisions of this chapter, any person who is licensed under Chapter 14 of Title 43 shall be exempt from the licensing and training requirements and other provisions of this chapter when performing asbestos removal or installation which is incidental to the performance of the business or profession for which said person is licensed and when the project involved includes less than: (1) Tne continuous linear feet of material constructed of asbestos; or (2) Ten square feet of material constructed of asbestos. 12-12-7. From and after July 1, 1996, no person may be employed as an asbestos supervisor unless that person has satisfied the training requirements as required by rules and regulations established under this chapter. Any asbestos supervisor holding a valid certificate on June 30, 1996, shall be considered to have satisfied the training requirements as required by rules and regulations established under this chapter. 12-12-8. The director, upon application, may issue a license to any person who holds a license in any state, territory, or possession of the United States, provided that the licensing requirements of asbestos abatement contractors under which the person's license was issued do not conflict with this chapter and are of a standard not lower than that specified by regulation adopted under this chapter; provided, further, that reciprocal privileges are granted to licensed asbestos abatement contractors of this state. 12-12-9. (a) The director may refuse to grant a license to an applicant or may revoke or suspend the license of a person licensed by the director for cause, including but not limited to the following: (1) Making any false statement or giving any false information in connection with an application for license, including an application for renewal;

Page 252

(2) Violation of this chapter or violation of any rule or regulation promulgated pursuant to the authority contained in this chapter; or (3) Failure to demonstrate the qualifications or standards for licensure contained in this chapter or in the rules and regulations of the board. It shall be incumbent upon the applicant to demonstrate to the satisfaction of the director that he or she meets all the requirements for licensure; and, if the director is not satisfied as to the applicant's qualifications, he or she shall have the power to deny such licensure. (b) Review of a decision of the director under this chapter shall be in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 12-12-10. From and after April 1, 1986, no contractor shall engage in a project prior to notifying the director of such activity at least seven calendar days prior to commencement of same. Such prior notice need not be provided for an emergency project; provided, however, that the contractor shall notify the director of the activity within seven calendar days after the commencement of such emergency project. The notification shall be made in the manner and form required by the director and shall be accompanied by a project fee established by the board not to exceed $50.00 for asbestos abatement in a residential dwelling or any small project or $1,000.00 for any other project. The notification shall state the location of the project, the owner's name and address, the expected dates on which the project will begin and end, and any other information as may be required by the director. The contractor shall comply with this chapter, regulations promulgated pursuant to this chapter, and any regulation pertaining to asbestos removal promulgated under Article 1 of Chapter 9 of this title. Upon completion of the project, the contractor shall certify to the director, on forms specified by the director, that the project was conducted in accordance with this chapter and the rules and regulations promulgated pursuant to this chapter and Article 1 of Chapter 9 of this title. 12-12-11. It shall be unlawful for any person, acting either as an asbestos supervisor or contractor, to engage in the removal, encapsulation, cleaning, or disposal of friable asbestos-containing materials or conduct quality assurance activities or air sampling in conjunction with such activities, except in such a manner as to conform to and comply with this chapter and all rules, regulations, and orders established under this chapter. 12-12-12. The director or his or her authorized employees, upon a presentation of his or her credentials, shall have a right to enter the premises of persons

Page 253

subject to this chapter or premises where a violation of this chapter is reasonably believed to be occurring or about to occur; to investigate, sample, and inspect for compliance with the requirements imposed under this chapter; or to determine whether such a violation or threatened violation exists. A contractor shall make available to the director or his or her authorized representative such records, data, and other information as may be required by this chapter or rules and regulations issued pursuant to this chapter. 12-12-13. Whenever the director determines that a person is violating any provision of this chapter or any rule or regulation established under this chapter, he or she may issue an order requiring such person to cease and desist such activity within such a period of time as the director deems reasonable. 12-12-14. Whenever in the judgment of the director any person has engaged in or is about to engage in any act or practice which constitutes or will constitute an unlawful action under this chapter, the director may make application to the superior court of the county in which such person resides or in which jurisdiction is appropriate for an order enjoining such an act or practice or for an order requiring compliance with this chapter. Upon a showing by the director that such person has engaged in or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other order shall be granted without the necessity of showing lack of an adequate remedy at law. 12-12-15. Notwithstanding any other provision of this chapter, the director, upon receipt of evidence that a project is presenting an imminent and substantial endangerment to the health of persons, may bring an action as provided in Code Section 12-12-14 to restrain immediately any person causing or contributing to the alleged danger or to take such other action as may be necessary. If it is not practicable to assure prompt protection of the health of persons solely by commencement of such a civil action, the director may issue such orders as may be necessary to protect the health of persons who are or may be affected by such project. Notwithstanding Code Section 12-12-17, such order shall be immediately effective for a period of not more than 48 hours unless the director brings an action under Code Section 12-12-14 before the expiration of such period. Whenever the director brings such an action within such period, such order shall be effective for such a period of time as may be authorized by the court pending litigation or thereafter.

Page 254

12-12-16. (a) Any person violating any provision of this chapter or rules or regulations under this chapter or failing or refusing to comply with any final order issued under this chapter shall be liable for a civil penalty of not more than $25,000.00 per day. Each day during which the violation or failure continues shall be a separate violation. (b) Whenever the director has reason to believe that any person has violated any provision of this chapter or any rules or regulations under this chapter or has failed or refused to comply with any final order issued under this chapter, he or she may, upon written notice, require a hearing before an administrative law judge appointed by the board to determine whether applicable civil penalties should be imposed. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the director, shall have a right of judicial review as provided in this chapter. Such hearing and judicial review shall be conducted in accordance with subsection (c) of Code Section 12-2-2. (c) All civil penalties recovered by the director as provided in this Code section shall be paid into the state treasury. 12-12-17. All hearings on and judicial review of orders or other administrative enforcement actions of the director under this chapter shall be provided and conducted in accordance with subsection (c) of Code Section 12-2-2. 12-12-18. Any order of the director or an administrative law judge issued in accordance with this chapter which is unappealed from or affirmed or modified on appeal or review may be filed by the director by certified copy in the superior court of the county wherein the person resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred. The court shall then render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall be the same, as though said judgment had been rendered in an action duly heard and determined by the court. 12-12-19. It shall be the duty of the Attorney General to provide legal representation to the director in connection with this chapter. 12-12-20. Nothing in this chapter is intended to conflict with rules and regulations promulgated by the United States Environmental Protection Agency pursuant to the federal Toxic Substances Control Act or the federal

Page 255

Clean Air Act or by the Occupational Safety and Health Administration of the United States Department of Labor pursuant to the federal Occupational Safety and Health Act or by other applicable federal statutes. 12-12-21. Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state, the board, or the division. No action shall be brought against the state, the board, the division, or any member, officer, or employee thereof for damages sustained from the improper or unlawful removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings governed by this chapter. Nothing in this chapter and no order, action, license, or advice of the director, the division, or any representative thereof shall be construed to relieve a contractor, project monitor, or asbestos worker of the legal duties, obligations, or liabilities incident to removal or encapsulation of friable asbestos-containing materials from facilities or residential dwellings. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CONSERVATION AND NATURAL RESOURCES GEORGIA WATER QUALITY CONTROL ACT AMENDED; REGULATIONS GOVERNING DISCHARGE OF POLLUTANTS INTO WATERS OF THE STATE; POWERS AND DUTIES OF BOARD OF NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION DIVISION DIRECTOR. Code Section 12-5-23 Amended. No. 615 (House Bill No. 1788). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the Georgia Water Quality Control Act, so as to provide the Board of Natural Resources with authority to promulgate regulations governing the discharge of pollutants into waters of the state; to provide for the powers, duties, and authority of the director of the Environmental Protection Division pursuant to such regulations governing the discharge of polutants into waters of the state; to reassign certain powers and duties

Page 256

of the Environmental Protections Division to the division's director; 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 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution, is amended by striking in its entirety Code Section 12-5-23, relating to the powers and duties of the Environmental Protection Division, and inserting in lieu thereof the following: 12-5-23. (a) In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this part as the board may deem necessary to provide for the control and management of water pollution and surface water use to protect the environment and the health of humans. Such rules and regulations may be applicable to this state as a whole, may vary from area to area, or may vary according to the characteristics of the water pollutants, as may be appropriate, to facilitate the accomplishment of the provisions, purposes, and policies of this part. The rules and regulations may include, but shall not be limited to, the following: (A) Prescribing the procedure to be followed in applying for permits and requiring the submission of such plans, specifications, verifications, and other pertinent information deemed relevant in connection with the issuance of such permits; (B) Establishing or revising standards of water purity for any of the waters of the state, specifying the maximum degree of pollution permissible in accordance with the public interest in water supply; the conservation of fish, game, and aquatic life; and agricultural, industrial, and recreational uses; (C) Governing water use classifications and water quality standards; (D) Governing any marine toilet, marine sanitation device, or other disposal unit located on or within a boat operated on waters of the state; (E) Establishing procedures for dealing with emergency situations and spills which endanger the waters of the state; (F) Providing minimum standards for treatment of discharges; providing uniform procedures and practices to be followed relating

Page 257

to the application for issuance, modification, revocation and reissuance, and termination of permits for the discharge of any pollutant into the waters of the state; (G) Providing for permissible limits of surface water usage for both consumptive and nonconsumptive purposes and providing permits to withdraw, divert, or impound surface waters; (H) Providing minimum standards for waste-water pretreatment required and the uniform procedures and practices to be followed relating to the application for and the issuance or revocation of pretreatment permits for the discharge of any pollutant into a publicly owned treatment works and then into the waters of the state, and providing requirements for approval and implementation of publicly owned treatment works pretreatment programs and for administration of pretreatment programs; (I) Providing for uniform procedures and practices to be followed for the determination of categorization of industrial users and requests for variances for fundamentally different factors; (J) Providing minimum standards of pollutant treatment required and uniform procedures and practices to be followed relating to the application for and the issuance, modification, amendment, or revocation of permits for the discharge of pollutants into land disposal or land treatment systems and then into the waters of the state; (K) Establishing classifications for waste-water treatment plants; (L) Providing uniform practices and procedures to be followed relating to the application for and the issuance, modification, amendment, or revocation of permits for the discharge of pollutants into underground injection wells; (M) Providing for the administration and operation of the State Revolving Loan Fund; (N) Providing standards for treatment of discharges; providing uniform procedures and practices to be followed relating to the application for issuance, modification, revocation, and reissuance, and termination of general permits for the discharge of any pollutant to the waters of the state; (O) Providing for the uniform procedures and practices to be followed relating to the application for issuance, modification, revocation and reissuance, and termination of permits for the discharge of any stormwater into the waters of the state; (P) Establishing requirements for the beneficial use of sewage sludge through land application, including pollutant limits, pathogen

Page 258

and vector attraction reduction requirements, operational standards, management practices, monitoring, recordkeeping, reporting, and permitting requirements; (Q) Providing for rules and regulations for land disposal; and (R) Providing for matters necessary to carry out the purposes and requirements of this article and relating to the state's participation in the National Pollutant Discharge Elimination System established under the federal Water Pollution Control Act; (2) Within one year from the effective date of this Code section, the board shall by rule establish water quality standards for turbidity applicable to all waters of the state, taking into account the recommendations of the academic panel established under the Interim Report of the Senate Storm-water Study Committee created by Senate Resolution 252 (1993) and interested parties; and (3) Take all necessary steps to insure the effective enforcement of this part. (b) In the performance of his or her duties, the director may: (1) Conduct or cooperate in research for the purpose of developing economical and practicable methods of preventing and controlling pollution; (2) Cooperate with agencies of the federal government and with other agencies of the state and political subdivisions thereof; (3) Enter into agreements and compacts with other states, and with the United States, relative to the prevention and control of pollution in any state waters and on water quality matters, in accordance with the Constitution and statutes of Georgia; (4) Receive, accept, hold, and use on behalf of the state, and for purposes provided for in this article, gifts, grants, donations, devises, and bequests of real, personal, and mixed property of every kind and description; and (5) At the discretion of the director, give instruction and training to waste-water treatment plant operators and waste-water laboratory analysts; provide technical assistance for such instruction and training by others; collect fees for such training and assistance in accordance with Code Section 45-12-92; purchase the services of any person to render such instruction and training; and make available to any such person suitable space and facilities for the rendering of such instruction and training. The division may collect from the participants in any such instructional or training program a pro rata share of any actual out-of-pocket expenses incurred by the division in producing such program including, without limitation, the rental of nonagency facilities and the payment of nonagency instructors.

Page 259

(c) In the performance of his or her duties, the director shall: (1) Exercise general supervision over the administration and enforcement of this article and all rules, regulations, and orders promulgated hereunder; (2) Act in the interest of the people of the state to restore and maintain a reasonable degree of purity in the waters of the state; (3) Encourage voluntary cooperation by all persons in the state in restoring and maintaining a reasonable degree of purity in the waters of the state; (4) Survey the waters of the state to determine the extent, character, and effects of existing conditions of pollution; (5) Prepare and develop a general comprehensive plan for the prevention of any further pollution and reduction of existing pollution after a thorough study of existing practices and available research; (6) Administer and enforce the laws of the state relating to the prevention and control of pollution; (7) Hold hearings to determine whether or not an alleged pollution is contrary to the public interest; (8) Adopt rules and procedures for the conduct of meetings and hearings. In all hearings relative to violations, or for other procedures under this article, the rules of evidence shall be followed; (9) Establish or revise standards of water purity for any of the waters of this state, which specify the maximum degree of pollution permissible in accordance with the public interest in water supply; the conservation of fish, game, and aquatic life; and agricultural, industrial, and recreational uses. Prior to establishing or revising the standards of water purity, the division shall consider the technical means available for the reduction of pollution and the economic factors involved; (10) Require any marine toilet or other disposal unit located on or within any boat operated on waters of this state to have securely affixed to the interior discharge toilet or unit a suitable treatment device in operating condition, constructed and fastened in accordance with regulations of the division, or some other treatment or facility or method authorized by regulation of the division. All sewage passing into or through the marine toilet or units shall pass solely through such device. All boats located upon the waters of this state are subject to inspection by the division or its duly authorized agents at any time for the purpose of determining compliance with this paragraph, provided that this paragraph does not apply to ocean-going vessels of 20 tons displacement or more;

Page 260

(11) Make investigations and inspections to ensure compliance with this article, the rules and regulations issued pursuant hereto, and any orders that the division may adopt or issue; (12) Issue an order or orders directing any particular person or persons to secure within the time specified therein such operating results as are reasonable and practicable of attainment toward the control, abatement, and prevention of pollution of the waters of the state and the preservation of the necessary quality for the reasonable use thereof; (13) Establish or revise through rules and regulations of the Board of Natural Resources or permit conditions, or both, effluent limitations based upon an assessment of technology and processes unrelated to the quality of the receiving waters of this state; (14) Establish or revise through rules and regulations of the Board of Natural Resources or permit conditions, or both, permissible limits of surface-water usage for both consumptive and nonconsumptive purposes; and (15) Perform any and all acts and exercise all incidental powers necessary to carry out the purposes and requirements of this article and of the Federal Water Pollution Control Act, as amended, relating to this state's participation in the National Pollutant Discharge Elimination System established under that act. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CIVIL PRACTICE VERIFIED PLEADING REQUIRED FOR CLAIM ARISING FROM ACT OF DEFENDANT WHICH COULD REASONABLY BE CONSTRUED AS ACT IN FURTHERANCE OF FREE SPEECH OR PETITION TO GOVERNMENT FOR REDRESS OF GRIEVANCES; COMMUNICATIONS DEEMED PRIVILEGED WITH REGARD TO LIBEL AND SLANDER. Code Section 9-11-11.1 Enacted. Code Section 51-5-7 Amended. No. 616 (Senate Bill No. 1). AN ACT To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Georgia Civil Practice Act, so as to encourage continued

Page 261

participation by the citizens of Georgia in matters of public significance; to encourage the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances; to provide legislative findings; to require certification that a pleading asserting a claim arising from an act reasonably construed by the actor as an act in furtherance of the right of free speech or to petition government for a redress of grievances is well grounded in fact and warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law, is not filed for an improper purpose, and that the act forming the basis for the claim is not privileged; to provide for striking a claim without such certification; to provide for exceptions; to provide for sanctions for violations; to provide for definitions; to provide for stays and exceptions; to amend Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, so as to provide that statements made in furtherance of a person's right to free speech or to petition government for a redress of grievances in connection with an issue of public interest are privileged communications; to provide for editorial changes; 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 11 of Title 9 of the Official Code of Georgia Annotated, relating to the Georgia Civil Practice Act, is amended by adding a new Code Section 9-11-11.1 to read as follows: 9-11-11.1. (a) The General Assembly of Georgia finds and declares that it is in the public interest to encourage participation by the citizens of Georgia in matters of public significance through the exercise of their constitutional rights of freedom of speech and the right to petition government for redress of grievances. The General Assembly of Georgia further finds and declares that the valid exercise of the constitutional rights of freedom of speech and the right to petition government for a redress of grievances should not be chilled through abuse of the judicial process. (b) For any claim asserted against a person or entity arising from an act by that person or entity which could reasonably be construed as an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, both the party asserting the claim and the party's attorney of record, if any, shall be required to file, contemporaneously with the pleading containing the claim, a written verification under oath as set forth in Code Section 9-10-113. Such written verification shall certify that the party and his or her attorney of record,

Page 262

if any, have read the claim; that to the best of their knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that the act forming the basis for the claim is not a privileged communication under paragraph (4) of Code Section 51-5-7; and that the claim is not interposed for any improper purpose such as to suppress a person's or entity's right of free speech or right to petition government, or to harass, or to cause unnecessary delay or needless increase in the cost of litigation. If the claim is not verified as required by this subsection, it shall be stricken unless it is verified within ten days after the omission is called to the attention of the party asserting the claim. If a claim is verified in violation of this Code section, the court, upon motion or upon its own initiative, shall impose upon the persons who signed the verification, a represented party, or both an appropriate sanction which may include dismissal of the claim and an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, including a reasonable attorney's fee. (c) As used in this Code section, `act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern' includes any written or oral statement, writing, or petition made before or to a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, or any written or oral statement, writing, or petition made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law. (d) All discovery and any pending hearings or motions in the action shall be stayed upon the filing of a motion to dismiss or a motion to strike made pursuant to subsection (b) of this Code section. The motion shall be heard not more than 30 days after service unless the emergency matters before the court require a later hearing. The court, on noticed motion and for good cause shown, may order that specified discovery or other hearings or motions be conducted notwithstanding this subsection. (e) Nothing in this Code section shall affect or preclude the right of any party to any recovery otherwise authorized by common law, statute, law, or rule. SECTION 2. Chapter 5 of Title 51 of the Official Code of Georgia Annotated, relating to libel and slander, is amended by striking in its entirety Code Section 51-5-7, relating to privileged communications, and inserting in lieu thereof a new Code section to read as follows:

Page 263

51-5-7. The following communications are deemed privileged: (1) Statements made in good faith in the performance of a public duty; (2) Statements made in good faith in the performance of a legal or moral private duty; (3) Statements made with a good faith intent on the part of the speaker to protect his or her interest in a matter in which it is concerned; (4) Statements made in good faith as part of an act in furtherance of the right of free speech or the right to petition government for a redress of grievances under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern, as defined in subsection (c) of Code Section 9-11-11.1. (5) Fair and honest reports of the proceedings of legislative or judicial bodies; (6) Fair and honest reports of court proceedings; (7) Comments of counsel, fairly made, on the circumstances of a case in which he or she is involved and on the conduct of the parties in connection therewith; (8) Truthful reports of information received from any arresting officer or police authorities; and (9) Comments upon the acts of public men or public women in their public capacity and with reference thereto. 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 1, 1996.

Page 264

RETIREMENT AND PENSIONS GEORGIA FIREMEN'S PENSION FUND; SERVICE CREDIT FOR MEMBERS WHO ARE ALSO MEMBERS OF THE PEACE OFFICERS' ANNUITY AND BENEFIT FUND. Code Section 47-7-83 Amended. No. 617 (Senate Bill No. 163). AN ACT To amend Code Section 47-7-83 of the Official Code of Georgia Annotated, relating to service credit of a member in the Georgia Firemen's Pension Fund who is also a member of the Peace Officers' Annuity and Benefit Fund, so as to provide that certain such persons shall not receive credit for service under the Georgia Firemen's Pension Fund; to provide for creditable service in such fund; 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 47-7-83 of the Official Code of Georgia Annotated, relating to service credit of a member in the Georgia Firemen's Pension Fund who is also a member of the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b)(1) Any member who first became a member of the fund on or after July 1, 1993, and who is also a member of the Peace Officers' Annuity and Benefit Fund shall not be eligible for creditable service in the fund for any period after that date with respect to which such member is also entitled to any creditable service in the Peace Officers' Annuity and Benefit Fund. (2) Any person who was a member of the fund on July 1, 1993, and who subsequent to that date was placed on a leave of absence from the fund by action of the board of trustees and who from that date to July 1, 1996, was continuously employed as a firefighter or who was continously enrolled as a volunteer firefighter may, upon again becoming a regular, active member of the fund, obtain creditable service for 36 months of service by paying the regular dues which would have been made for each month of service if such leave of absence had not been imposed, provided that such member otherwise satisfied the requirements for creditable service during such period. Such payment must be made to the board of trustees not later than December 31, 1996. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the

Page 265

Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. EDUCATION MEDICAL SCHOLARSHIPS; FACILITIES IN WHICH SERVICES MAY BE RENDERED TO REPAY CERTAIN LOANS OR SCHOLARSHIPS. Code Section 20-3-513 Amended. No. 618 (Senate Bill No. 262). AN ACT To amend Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, so as to change the facilities in which services may be rendered to repay certain loans or scholarships; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 6 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to medical scholarships, is amended by striking Code Section 20-3-513, relating to determining the amount of certain medical school loans or scholarships, and inserting in its place the following: 20-3-513. Students whose applications are approved shall receive a loan or scholarship in an amount to be determined by the State Medical Education Board to defray the tuition and other expenses of the applicant in an accredited four-year medical school in the United States which has received accreditation or provisional accreditation by the Liaison Committee on Medical Education of the American Medical Association or the Bureau of Professional Education of the American Osteopathic Association for a program in medical education designed to qualify the graduate for licensure by the Composite State Board of Medical Examiners of Georgia. The loans and scholarships shall be paid in such manner as the State Medical Education Board shall determine and may be prorated so as to pay to the medical college or school to which any applicant is admitted such funds as are required by that college or school with the balance being paid directly to the applicant;

Page 266

all of which shall be under such terms and conditions as may be provided under rules and regulations of the State Medical Education Board. The loans or scholarships to be granted to each applicant shall be based upon the condition that the full amount of the loans or scholarships shall be repaid to the State of Georgia in services to be rendered by the applicant by practicing his or her profession in a State Medical Education Board approved community in Georgia of 15,000 population or less according to the United States decennial census of 1980 or any future such census or at any hospital or facility operated by or under the jurisdiction of the Department of Human Resources or at any facility operated by or under the jurisdiction of the Department of Corrections or at any facility operated by or under the jurisdiction of the Department of Children and Youth Services. For each year of practicing his or her profession in such State Medical Education Board approved location, the applicant shall receive credit for the amount of the scholarship received during any one year in medical school, with the interest due on such amount. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CIVIL PRACTICE DEPOSITIONS; METHODS; PROCEDURE; RETENTION OF RECORD; NOTICE, COSTS, AND TRANSCRIPTION; SIGNATURE OF AND REVIEW BY DEPONENT; SIGNATURE, CERTIFICATE, AND DISPOSITION BY OFFICER; FORM OF PRESENTATION. Code Section 9-11-30 Amended. No. 619 (Senate Bill No. 283). AN ACT To amend Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to provide for nonstenographic depositions in addition to the stenographic record at the election of the party taking the deposition unless the court orders otherwise; to provide that depositions shall be taken before an officer authorized to administer oaths or a court reporter and for retention of the record in a specified form until a specified time; to provide for notice, costs of recording, transcription, and designation of other methods in addition to methods specified by the person taking the deposition; to provide that camera and sound-recording techniques shall not distort the appearance or demeanor of deponents or attorneys; to provide for depositions by telephone or other remote electronic means in certain circumstances and to provide where such a deposition is taken; to change the provisions relating to signature of the

Page 267

deposition by the deponent; to provide for review of the transcript or recording by deponent upon request and for changes; to provide for signing by the officer; to provide for the officer's certificate and disposition of the deposition; to provide for the form of presentation; to provide for presentation of certain deposition testimony in nonstenographic form in certain circumstances; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in their entirety subsections (b), (c), (e), and (f) of Code Section 9-11-30, relating to depositions upon oral examination, and inserting in lieu thereof new subsections (b), (c), (e), and (f) and by adding to said Code section a new subsection to be designated subsection (h), so that subsections (b), (c), (e), (f), and (h) read as follows: (b) Notice of examination. (1) GENERAL REQUIREMENTS. A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action. The notice shall state the time and place for taking the deposition, the means by which the testimony shall be recorded, and the name and address of each person to be examined, if known, and, if the name is not known, a general description sufficient to identify the person to be examined or the particular class or group to which he or she belongs. If a subpoena for the production of documentary and tangible evidence is to be served on the person to be examined, the designation of the materials to be produced, as set forth in the subpoena, shall be attached to, or included in, the notice. (2) SPECIAL NOTICE. Leave of court is not required for the taking of a deposition by plaintiff if the notice: (A) States that the person to be examined is about to go out of the county where the action is pending and more than 150 miles from the place of trial, or is about to go out of the United States, or is bound on a voyage to sea, and will be unavailable for examination unless the deposition is taken before expiration of the 30 day period; and (B) Sets forth facts to support the statement. The plaintiff's attorney shall sign the notice, and said attorney's signature constitutes a certification by him or her that, to the best of his or her knowledge, information, and belief, the statement and supporting facts are true. If a party shows that, when he or she was

Page 268

served with notice under this paragraph, he or she was unable through the exercise of diligence to obtain counsel to represent him or her at the taking of the deposition, the deposition may not be used against such party. (3) TIME REQUIREMENTS. The court may, for cause shown, enlarge or shorten the time for taking the deposition. (4) RECORDING OF DEPOSITION. Unless the court orders otherwise, the testimony at a deposition must be recorded by stenographic means, and may also be recorded by sound or sound and visual means in addition to stenographic means, and the party taking the deposition shall bear the costs of the recording. A deposition shall be conducted before an officer appointed or designated under Code Section 9-11-28. Upon motion of a party or upon its own motion, the court may issue an order designating the manner of recording, preserving, and filing of a deposition taken by nonstenographic means, which order may include other provisions to assure that the recorded testimony will be accurate and trustworthy. Any party may arrange for a transcription to be made from the recording of a deposition taken by nonstenographic means. With prior notice to the deponent and other parties, any party may designate another method to record the deponent's testimony in addition to the methods specified by the person taking the deposition. The additional record or transcript shall be made at that party's expense unless the court otherwise orders. The appearance or demeanor of deponents or attorneys shall not be distorted through camera or sound-recording techniques. Notwithstanding the foregoing provisions of this paragraph, a deposition may be taken by telephone or other remote electronic means only upon the stipulation of the parties or by order of the court. For purposes of the requirements of this chapter, a deposition taken by telephone or other remote electronic means is taken in the state and at the place where the deponent is to answer questions. (5) PRODUCTION OF DOCUMENTS AND THINGS. The notice to a party deponent may be accompanied by a request made in compliance with Code Section 9-11-34 for the production of documents and tangible things at the taking of the deposition. The procedure of Code Section 9-11-34 shall apply to the request. (6) DEPOSITION OF ORGANIZATION. A party may, in his or her notice, name as the deponent a public or private corporation or a partnership or association or a governmental agency and designate with reasonable particularity the matters on which examination is requested. The organization so named shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which he or she will testify. The persons so designated shall testify as to matters known or reasonably available to the organization. This

Page 269

paragraph does not preclude taking a deposition by any other procedure authorized in this chapter. (c) Examination and cross-examination; record of examination; oath; objections. (1) Examination and cross-examination of witnesses may proceed as permitted at the trial under the rules of evidence. The authorized officer or court reporter before whom the deposition is to be taken shall put the witness on oath and shall personally, or by someone acting under the direction and in the presence of the authorized officer or court reporter, record the testimony of the witness. (2) All objections made at the time of the examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objection to the proceedings shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objections. In lieu of participating in the oral examination, parties may serve written questions in a sealed envelope on the party taking the deposition, and said party shall transmit them to the officer, who shall propound them to the witness and record the answers verbatim. (3) Unless otherwise ordered by the court or agreed by the parties, the officer shall retain the record of each deposition until the later of (A) five years after the date on which the deposition was taken, or (B) two years after the date of final disposition of the action for which the deposition was taken and any appeals of such action. The officer may preserve the record through storage of the original paper, notes, or recordings or an electronic copy of the notes, recordings, or the transcript on computer disks, cassettes, backup tape systems, optical or laser disk systems, or other retrieval systems. (e) Review by witness; changes; signing. If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall indicate in the certificate prescribed by paragraph (1) of subsection (f) of this Code section whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed. If the deposition is not reviewed and signed by the witness within 30 days of its submission to him or her, the officer shall sign it and state on the record that the deposition was not reviewed and signed by the deponent within 30 days. The deposition may then be used as fully as though signed unless, on a motion to suppress under paragraph (4) of subsection (d) of Code Section 9-11-32, the court holds that the reasons given for the refusal to sign require rejection of the deposition in whole or in part.

Page 270

(f) Certification and filing by officer; inspection and copying of exhibits; copy of deposition. (1) (A) The officer shall certify that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. This certificate shall be in writing and accompany the record of the deposition. The officer shall then securely seal the deposition in an envelope marked with the title of the action, the court reporter certification number, and `Deposition of (here insert name of witness)' and shall promptly file it with the court in which the action is pending or deliver it to the party taking the deposition, as the case may be, in accordance with Code Section 9-11-29.1. (B) Documents and things produced for inspection during the examination of the witness shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition and may be inspected and copied by any party, except that the person producing the materials may substitute copies to be marked for identification, if he or she affords to all parties fair opportunity to verify the copies by comparison with the originals; and, if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case. (2) Upon payment of reasonable charges therefor, the officer shall furnish a copy of the deposition to any party or to the deponent. (h) Form of presentation. Except as otherwise directed by the court, a party offering deposition testimony may offer it in stenographic or nonstenographic form, but if in nonstenographic form, the party shall also provide the court with a transcript of the portions so offered. On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 271

LAW ENFORCEMENT OFFICERS AND AGENCIES DEPARTMENT OF PUBLIC SAFETY; PROMULGATION OF RULES AND REGULATIONS BY COMMISSIONER; AGE REQUIREMENTS FOR UNIFORM DIVISION; RETENTION OF BADGES BY CERTAIN RADIO OPERATORS AND DRIVER'S LICENSE EXAMINERS. Code Sections 35-2-3, 35-2-43, and 35-2-49 Amended. No. 620 (Senate Bill No. 287). AN ACT To amend Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, so as to authorize the commissioner of public safety to promulgate rules and regulations as necessary to carry out his or her official duties; to change certain age requirements relating to eligibility for appointment to or enlistment in the Uniform Division of the Department of Public Safety; to provide that under certain conditions, after a radio operator or driver's license examiner has accumulated 25 years of service with the Department of Public Safety, such an officer shall be entitled to retain his or her badge upon leaving such department; 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 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by striking in its entirety Code Section 35-2-3, relating to the creation of the position of the commissioner of public safety and his or her duties, and inserting in lieu thereof a new Code Section 35-2-3 to read as follows: 35-2-3. (a) There is created the position of commissioner of public safety. The commissioner shall be the chief administrative officer and shall be both appointed and removed by the board with the approval of the Governor. Except as otherwise provided by law and subject to the general policy established by the board, the commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the department by law. (b) The commissioner shall be authorized to promulgate rules and regulations as necessary to carry out his or her official duties. SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 35-2-43, relating to eligibility for appointment to or enlistment

Page 272

in the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (a) to read as follows: (a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age at the time of appointment. SECTION 3. Said chapter is further amended by striking in its entirety Code Section 35-2-49, relating to the provision of proper uniforms and equipment to members of the Uniform Division, radio operators, and driver's license examiners, and inserting in lieu thereof a new Code Section 35-2-49 to read as follows: 35-2-49. The commissioner shall, within the limit of the appropriation, provide the members of the Uniform Division of the Department of Public Safety with proper uniforms, suitable to the season, and also with emergency and first-aid outfits, weapons, motor vehicles with radio equipment, and all other necessary supplies and equipment for the purpose of carrying out this article, the same to remain the property of the state; provided, however, that after a member has accumulated 25 years of service in the Uniform Division of the Department of Public Safety, upon leaving the division under honorable conditions, such member shall be entitled, as part of his or her compensation, to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. The commissioner shall also, within the limit of the appropriation, provide proper uniforms and equipment to radio operators and driver's license examiners. After a radio operator or driver's license examiner has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such radio operator or driver's license examiner shall be entitled, as part of his or her compensation, to retain his or her badge pursuant to regulations promulgated 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 1, 1996.

Page 273

CRIMES AND OFFENSES DEPRIVATION OF MINOR; PENALTIES; ADMISSION TO PREMISES EXHIBITING SEXUAL MATTER. Code Section 16-12-1 and 16-12-103 Amended. No. 622 (Senate Bill No. 396). AN ACT To amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, so as to change the penalties for contributing to the deprivation of a minor; to provide a definition; to change the lawful age for admission to certain premises exhibiting sexual matter; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morality, is amended by striking in its entirety Code Section 16-12-1, relating to contributing to the delinquency, unruliness, or deprivation of a minor, and inserting in lieu thereof a new Code section to read as follows: 16-12-1. (a) As used in this Code section, the term: (1) `Delinquent act' means a delinquent act as defined in Code Section 15-11-2. (2) `Felony' means any act which constitutes a felony under the laws of this state, the laws of any other state of the United States, or the laws of the United States. (3) `Minor' means any individual who is under the age of 17 years or any individual under the age of 18 years who is alleged to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. (4) `Serious injury' means an injury involving a broken bone, the loss of a member of the body, the loss of use of a member of the body, or the substantial disfigurement of the body or of a member of the body or an injury which is life threatening. (b) A person commits the offense of contributing to the delinquency, unruliness, or deprivation of a minor when such person: (1) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing a delinquent act as such is defined in Code Section 15-11-2, relating to juvenile proceedings;

Page 274

(2) Knowingly and willfully encourages, causes, abets, connives, or aids a minor in committing an act which would cause such minor to be found to be an unruly child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings; (4) Knowingly and willfully hires, solicits, engages, contracts with, conspires with, encourages, abets, or directs any minor to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult; or (5) Knowingly and willfully provides to a minor any weapon as defined in paragraph (2) of subsection (a) of Code Section 16-11-127.1 or any weapon as defined in Code Section 16-11-121 to commit any felony which encompasses force or violence as an element of the offense or delinquent act which would constitute a felony which encompasses force or violence as an element of the offense if committed by an adult. (c) It shall not be a defense to the offense provided for in this Code section that the minor has not been formally adjudged to have committed a delinquent act or has not been found to be unruly or deprived. (d) A person convicted pursuant to paragraph (1) or (2) of subsection (b) of this Code section shall be punished as follows: (1) Upon conviction of the first offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall be imprisoned for not less than one month nor more than five months, or both fined and imprisoned; (2) Upon conviction of the second offense, the defendant shall be guilty of a misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall be imprisoned for not less than three months nor more than one year, or both fined and imprisoned; and (3) Upon the conviction of the third or subsequent offense, the defendant shall be guilty of a felony and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year nor more than three years, or both fined and imprisoned. (d.1) A person convicted pursuant to paragraph (3) of subsection (b) of this Code section shall be punished as follows:

Page 275

(1) Upon conviction of an offense which resulted in the serious injury or death of a child, without regard to whether such offense was a first, second, third, or subsequent offense, the defendant shall be guilty of a felony and shall be punished as provided in subsection (e) of this Code section; (2) Upon conviction of an offense which does not result in the serious injury or death of a child and which is the first conviction, the defendant shall be guilty of a misdemeanor and shall be fined not more than $1,000.00 or shall be imprisoned for not more than 12 months, or both fined and imprisoned; (3) Upon conviction of an offense which does not result in the serious injury or death of a child and which is the second conviction, the defendant shall be guilty of a high and aggravated misdemeanor and shall be fined not less than $1,000.00 nor more than $5,000.00 or shall be imprisoned for not less than one year, or both fined and imprisoned; and (4) Upon the conviction of an offense which does not result in the serious injury or death of a child and which is the third or subsequent conviction, the defendant shall be guilty of a felony and shall be fined not less than $10,000.00 or shall be imprisoned for not less than one year nor more than five years, or both fined and imprisoned. (e) A person convicted pursuant to paragraph (4) or (5) of subsection (b) or paragraph (1) of subsection (d.1) of this Code section shall be guilty of a felony and punished as follows: (1) Upon conviction of the first offense, the defendant shall be imprisoned for not less than one nor more than five years; and (2) Upon conviction of the second or subsequent offense, the defendant shall be imprisoned for not less than three years nor more than 20 years. SECTION 2. Said chapter is further amended by striking subsections (b), (c), and (d) of Code Section 16-12-103, relating to selling, distributing, or exhibiting sexual or other matter harmful to minors, and inserting in their place new subsections to read as follows: (b)(1) It shall be unlawful for any person knowingly to sell or furnish to a minor an admission ticket or pass or knowingly to admit a minor to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors or exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public

Page 276

way of such motion picture by minors not admitted to any such premises. (2) It shall be unlawful for any person knowingly to sell or to furnish to a person under the age of 21 an admission ticket or pass or knowingly to admit a person under the age of 21 to premises whereon there is exhibited a show or performance which is harmful to minors and which, in whole or in part, consists of sexually explicit nudity on the part of one or more live performers; sexual conduct on the part of one or more live performers; or sadomasochistic abuse on the part of one or more live performers. (c) It shall be unlawful for any person to falsely represent his or her age to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent with the intent to unlawfully procure any material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section. (d) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (a) or subsection (b) of this Code section or to his or her agent that he or she is the parent or guardian of any minor or knowingly to make a false representation with respect to the age of another person with the intent to unlawfully procure for such other person any material set forth in subsection (a) of this Code section or with the intent to unlawfully procure such other person's admission to any motion picture, show, or other presentation, as set forth in subsection (b) of this Code section. SECTION 3. If any portion of this Act shall be found to be unconstitutional or violative of any law, it shall be presumed that the General Assembly would have passed the balance of said Act with the removal of the unconstitutional provision. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 277

RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CERTAIN COUNTY EMPLOYEES TRANSFERRED TO DEPARTMENT OF CHILDREN AND YOUTH SERVICES TO BECOME MEMBERS OF SYSTEM. Code Section 47-2-295.2 Enacted. No. 623 (Senate Bill No. 435). AN ACT To amend Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county employees, so as to provide that certain employees of counties who become employees of the Department of Children and Youth Services as a result of the county juvenile detention services' being transferred to the department shall be members of the Employees' Retirement System of Georgia unless they elect to remain in the local retirement system; to define certain terms; to provide for employer and employee contributions; to provide for a transfer of service; to provide that the provisions of general law shall control in the event of a conflict with the provisions of a local retirement system; 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. Part 9 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions relative to the Employees' Retirement System of Georgia applicable to judges, court employees, and certain county employees, is amended by inserting immediately following Code Section 47-2-295.1 a new Code Section 47-2-295.2 to read as follows: 47-2-295.2. (a) As used in this Code section, the term: (1) `Department' means the Department of Children and Youth Services. (2) `Local retirement system' means a retirement or pension system maintained by a county which includes as members thereof county juvenile detention employees who become employees of the department as a result of the county juvenile detention services' being transferred to the department, and the term includes any such retirement or pension system created by law or created by ordinance or resolution of the county under the home rule provisions of the Constitution of Georgia.

Page 278

(b) Except as provided in subsection (c) of this Code section, any person who becomes an employee of the department as a result of a transfer of county juvenile detention services to the department shall become a member of this retirement system. Within 30 days of the day any such employee becomes a member of this retirement system, the board of trustees or other managing body of the applicable local retirement system shall pay to the board of trustees of this retirement system the total employee and employer contributions plus interest made by or on behalf of the employee to the local retirement system, together with accumulated interest thereon, and in addition the governing authority of the county may pay to the board of trustees of this retirement system on behalf of the employee such amount as such county governing authority deems appropriate, and the employee shall receive such creditable service in this retirement system as the total amount will allow without creating any accrued liability against this retirement system; provided, however, that no such person shall receive creditable service in excess of the accredited service previously rendered as an employee of the applicable local retirement system. (c)(1) An employee subject to this Code section may elect to continue active membership in the local retirement system, and the salary received by such employee as an employee of the department shall be the salary of such employee for all purposes under the local retirement system. Except as otherwise provided in this subsection, such employee shall continue to pay the employee contributions required under the local retirement system, and the department may enter into an agreement with the board of trustees or other managing body of the local retirement system whereby the department may deduct such employee contributions from the compensation of the employee and pay the amount deducted to the local retirement system. Employer contributions for continued membership in the local retirement system shall be computed at the same percentage rate applicable to all other state employees on the basis of the state salary paid to such employees electing to continue membership in the local retirement system and shall be paid by the department when applicable to the local retirement system; provided, however, that: (A) If the employer contributions paid by the department exceed the employer contributions applicable to all other employees of the local retirement system, the difference between the percentage rate of employer contributions paid by the department and the percentage rate of employer contributions applicable to all other employees of the local retirement system shall be applied to offset the percentage rate of employee contributions required of such state employees remaining in the local retirement system; and (B) If the employer contributions to be paid by the department under this subsection would exceed the total employee and employer

Page 279

contributions required under the local retirement system, the department shall only be required to pay the total amount of such employee and employer contributions required under the local retirement system. (2) An employee continuing membership under a local retirement system under this subsection shall retain all rights, benefits, and privileges under the local retirement system in the same manner and to the same extent as if the employee remained an employee of the county; provided, however, that such employee shall not be entitled to health and life insurance benefits available to county employees. An employee electing to continue membership in a local retirement system shall not be and may not become a member of the Employees' Retirement System of Georgia. (d) To the extent this Code section conflicts with or is inconsistent with the provisions of a local retirement or pension system affected by this Code section, whether such local retirement or pension system was created by law or by local ordinance, the provisions of this Code section shall control. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. BANKING AND FINANCE INTERSTATE ACQUISITION OF BANKS; INTERSTATE BANKING AND BRANCHING BY MERGER. Code Title 7, Chapter 1, Article 2 Amended. Code Sections 7-1-628 through 7-1-628.15 Enacted. No. 624 (Senate Bill No. 492). AN ACT To amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the governance of interstate acquisitions of banks and bank holding companies connected to Georgia financial institutions by other banks or bank

Page 280

holding companies; to provide for definitions; to provide for acquisitions upon certain conditions; to provide for acquisitions which do not need department approval; to prohibit certain acquisitions; to provide for operation by foreign corporations of Georgia bank subsidiaries; to provide for reciprocal agreement without state regulations; to provide for confidentiality of Georgia reports; to provide for interstate banking and branching by merger under Section 102 of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994; to provide for definitions; to provide for permissible interstate merger transactions, subject to conditions and restrictions; to provide requirements for interstate merger transactions; to provide for notice and filing requirements for out-of-state banks and bank holding companies; to provide for powers of out-of-state state banks branching into Georgia; to provide for examinations and pending reports; to prohibit de novo branching; to prohibit the purchasing of a branch under certain circumstances; to provide for enforcement, regulations, and fees; to provide for reporting; to provide for tax treatment of banks engaged in interstate banking and branching; to provide for severability; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, is amended by striking Part 19, composed of Code Sections 7-1-620 through 7-1-627 and relating to regional interstate banking, and inserting in lieu thereof a new Part 19 to read as follows: Part 19 7-1-620. This part governs the acquisition of banks having banking offices in Georgia by bank holding companies controlling bank subsidiaries having banking offices outside this state. It further governs the acquisition of banks having banking offices outside this state by bank holding companies controlling bank subsidiaries having banking offices in Georgia. It sets forth application, notice, registration, and other related requirements. Acquisitions of banks having banking offices only in Georgia by bank holding companies controlling only bank subsidiaries having banking offices solely in Georgia are governed by the provisions of Code Sections 7-1-605 et seq. 7-1-621. As used in this part, the term: (1) `Acquire,' as applied to a bank holding company, means any of the following actions or transactions:

Page 281

(A) The merger or consolidation with another bank holding company; (B) The acquisition of the direct or indirect ownership or control of voting shares of another bank holding company or bank if, after such acquisition, such bank holding company will directly or indirectly own or control more than 5 percent of any class of voting shares of such bank holding company or bank; (C) The direct or indirect acquisition of all or substantially all of the assets of another bank holding company or bank; or (D) The taking of any other action that would result in the direct or indirect control of another bank holding company or bank. (E) `Acquire' shall also include a transaction where a bank subsidiary of a bank holding company merges or consolidates with, or acquires all or substantially all of the assets of, another bank. (2) `Bank' means any insured institution as such term is defined in Section 3(h) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1813(h) or any institution eligible to become such, provided that the term `bank' shall not include any `foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). The term `bank' as used in this part shall include any building and loan association, savings and loan association, or state savings and loan association as such terms are defined in Code Section 7-1-4 and shall include federal savings banks and similar banking entities chartered under the laws of any state and whose deposits are insured under a federal deposit insurance program. (3) `Bank holding company' means any company which is a bank holding company under either Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a). (4) `Banking office' means any parent bank, branch bank, or bank office as such terms are defined in this chapter or any other office at which a bank accepts deposits. (5) `Bank supervisory agency' shall mean: (A) Office of Comptroller of Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of Thrift Supervision, and any successor to those agencies; and (B) The agency of a state with primary responsibility for chartering and supervising banks. (6) `Commissioner' means the commissioner of the Department of Banking and Finance then in office, and where appropriate, all of his or her successors and predecessors in office.

Page 282

(7) `Control' means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a). (8) `Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships, corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities. (9) `Georgia bank' means a bank whose home state is Georgia. (10) `Georgia bank holding company' means a bank holding company that: (A) Has its principal place of business in the State of Georgia; and (B) Is not controlled by a bank holding company other than a Georgia bank holding company. (11) `Georgia state bank' means a bank chartered under the laws of the State of Georgia. (12) `Home state' means any state in the United States: (A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or (C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c) of the International Banking Act. (13) `Home state regulator' means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered. (14) `Host state' means a state, other than the home state of a bank, in which the bank maintains or seeks to establish and maintain a branch. (15) `Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the FDI Act. (16) `Interstate merger transaction' means: (A) The merger or consolidation of banks with different home states and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or

Page 283

(B) The purchase of all or substantially all of the assets of a bank whose home state is different from the home state of the acquiring bank. (17) `Out-of-state bank' means a bank whose home state is not Georgia, but the term does not include a foreign bank. (18) `Out-of-state state bank' means a bank chartered under the laws of a state other than Georgia. (19) `Out-of-state bank holding company' means a bank holding company other than a Georgia bank holding company. (20) `Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are largest. (21) `Resulting bank' means a bank that has resulted from an interstate merger transaction under Part 20. (22) `State' means any state of the United States, including the District of Columbia. (23) `Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. 7-1-622. (a) A bank holding company may acquire a bank having banking offices in Georgia, and a bank holding company having its principal place of business in this state may acquire a bank having banking offices in another state, upon compliance with the provisions of Code Sections 7-1-605 through 7-1-612 and in particular Code Section 7-1-606, which provisions shall be expressly applicable to any such acquisition. Compliance with all applicable regulations and payment of applicable fees shall be required and the restrictions of this Code section shall apply. (b) Notwithstanding anything contained in subsection (a) of this Code section, no bank holding company may: (1) Directly or indirectly acquire a Georgia bank unless such bank or any such bank's predecessor institution has been in existence and continuously operated or incorporated as a bank for a period of five years or more prior to the date of acquisition. Notwithstanding the foregoing, nothing shall prohibit an out-of-state bank holding company from acquiring all or substantially all of the shares of a Georgia bank organized solely for the purpose of facilitating the acquisition of a bank which has been in existence and continuously operated as a bank for the requisite five-year period. (2) Directly or indirectly acquire a bank having banking offices in Georgia if:

Page 284

(A) Immediately before the consummation of the acquisition for which an application is filed, the applicant (including any insured depository institution affiliate of the applicant) controls any insured depository institution or any branch of an insured depository institution in this state; and (B) The applicant (including all insured depository institutions which are affiliates of the applicant), upon consummation of the acquisition, would control 30 percent or more of the total amount of deposits of insured depository institutions in this state. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing of good cause. This restriction shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. (c) The commissioner must rule on any application seeking approval to engage in a transaction under this Code section not later than 90 days following the date of submission of a completed application seeking such approval. If the commissioner decides to hold a public hearing in connection with the application, the time limit specified may be extended to 30 days after the conclusion of the hearing but in no event shall exceed 120 days. If the commissioner fails to rule on the application within the requisite period, the proposed transaction shall stand approved. (d) If any acquisition involves an interstate merger transaction, the banks involved must comply with filing and other requirements in Part 20 of this chapter. (e) This part is not intended to discriminate against out-of-state bank holding companies or against foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. 7-1-623. (a) Subject to any applicable restrictions provided in subsection (b) of Code Section 7-1-622, a bank holding company having a bank subsidiary with banking offices in Georgia may acquire a bank that does not have banking offices in this state but shall notify the department at least 30 days prior to the consummation of the proposed transaction. The notification requirements of this subsection shall be satisfied by furnishing the department with a copy of the application or applications filed with applicable bank supervisory agencies seeking approval for the proposed transaction and such other information as the department shall request. (b) A bank holding company may engage in the transactions described in paragraphs (1) and (2) of this subsection without the necessity of

Page 285

complying with Code Section 7-1-622, provided that it notifies the department not less than 30 days following the consummation of the transaction. (1) The acquisition of a Georgia bank, if such acquisition has been consummated with assistance from the Federal Deposit Insurance Corporation under Section 13(c) of the Federal Deposit Insurance Act, as amended, 12 U.S.C. Section 1823(c); or (2) The acquisition of a Georgia bank, if such acquisition has been consummated in the regular course of securing or collecting a debt previously contracted in good faith, as provided in and subject to the requirements of Section 3(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1842(a). If the bank acquired under this provision has banking offices in Georgia, the bank or bank holding company must divest the securities or assets acquired within two years of the date of acquisition. The department may, in its discretion, permit the bank or bank holding company to retain such interest for up to three additional periods of one year each. 7-1-624. (a) Except as expressly permitted under this part, Part 20, or by federal law, no bank holding company may acquire a bank or a bank holding company controlling a bank having banking offices in Georgia. (b) In the event any bank holding company makes an acquisition that is prohibited by this part, the commissioner shall require such bank holding company to divest itself immediately of its direct or indirect ownership or control of any Georgia banks or banking offices located in Georgia. In addition, the commissioner shall have the power to enforce any other prohibitions in this part by requiring divestitures of nonconforming banks, bank holding companies, or assets through the imposition of fines and penalties or through the exercise of such other remedies as are provided in this chapter, including but not limited to judicial actions. 7-1-625. (a) Any bank holding company controlling a bank having banking offices in Georgia shall be subject to the provisions of Code Sections 7-1-605 through 7-1-612 and the rules and regulations of the department applicable to bank holding companies. (b) Any bank holding company that has a bank subsidiary with banking offices in Georgia that is not otherwise organized under the laws of this state or qualified to do business in this state shall qualify to do business in this state as a foreign corporation and shall advise the department of the location of its initial registered office within this state and the name of its initial registered agent at such location. Such bank holding

Page 286

company shall agree to be bound by all the provisions of Code Sections 7-1-605 through 7-1-612 and by the provisions of this part. Any bank holding company having a Georgia bank subsidiary shall prompty advise the department of any changes in its registered office and agent. (c) The department may enter into cooperative and reciprocal agreements with the bank regulatory authorities of any state for the periodic examination of bank holding companies and may accept reports of examination and other records from such authorities in lieu of conducting its own examinations. The department may enter into joint actions with other regulatory bodies having concurrent jurisdiction or may enter into such actions independently to carry out its responsibilities under this title and assure compliance with the laws of this state. Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential according to Georgia law, and such confidentiality shall not be affected by the sharing of the examinations or reports. The department shall not be obligated to provide or disclose such examinations and reports to any third party. Agreements to share such examinations or reports shall contain provisions for dealing with confidentiality and subpoenas. 7-1-626. (a) It is the express intention of the Georgia General Assembly to provide a unified and orderly method of permitting limited interstate banking. Thus, if any provision of this part establishing the framework within which interstate banking may occur, providing for registration, approval, and supervisory powers of the department and the commissioner, is determined by final, nonappealable order of any Georgia or federal court of competent jurisdiction to be invalid or unconstitutional, the remaining provisions of this part shall not be affected and shall continue to apply to any bank, bank holding company, foreign bank, or other person or circumstance. (b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined in this part, or the organization and powers of the department and the commissioner with respect thereto as provided in such other parts. SECTION 2. Said article is further amended by adding at the end thereof a new Part 20 to read as follows: Part 20 7-1-628. (a) It is the purpose of this part to permit interstate banking and branching by merger under Section 102 of the Riegle-Neal Interstate

Page 287

Banking and Branching Efficiency Act of 1994, subject to the limitations and requirements set out in this part and in Parts 14, 15, 18, and 19 of this title. (b) The scope of this part covers mergers where, upon consummation of the interstate merger transaction, the resulting bank will have banking locations in Georgia and at least one other state. It provides for certain approval, notice, registration, and other requirements. Mergers involving banks having present and resulting branches located only in this state are governed by Parts 14 and 15 of this chapter. To the extent a bank participating in an interstate merger transaction is owned or controlled by a bank holding company, the applicable provisions of Part 19 shall also apply. (c) In authorizing the expansion of interstate banking to this state, and in the interests of its citizens, the General Assembly finds that primary consideration should be given to the following: (1) Affording protection and promoting convenience to bank depositors and other customers of financial institutions in this state; (2) Preserving the advantages of a sound dual banking system and the competitive equality of state chartered institutions with federally chartered institutions; (3) Supervising, regulating and keeping records of all persons, firms, corporations, associations and other business entities who furnish depository, lending and associated financial services in this state; and (4) Providing to the Department of Banking and Finance sufficient powers and responsibilities to implement these considerations. (d) This part is not intended to discriminate against out-of-state bank holding companies or against foreign bank holding companies in any manner that would violate Section 3(d) of the Bank Holding Company Act, as amended by the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994. 7-1-628.1. As used in this part, the term: (1) `Bank' shall have the same meaning as set forth in 12 U.S.C. Section 1813(h) of the FDI Act, provided that the term `bank' shall not include any `foreign bank' (which is defined as in 12 U.S.C. Section 3101 of the International Banking Act of 1978). (2) `Bank holding company' shall have the same meaning as set forth in 12 U.S.C. Section 1841 (a)(1) of the Bank Holding Company Act. (3) `Bank supervisory agency' shall mean:

Page 288

(A) Office of Comptroller of Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to those agencies; and (B) The agency of a state with primary responsibility for chartering and supervising banks. (4) `Branch' in the context of this part shall have the same meaning as `domestic branch' in 12 U.S.C. Section 1813(o) of the FDI Act. It shall not necessarily have the same meaning as `branch bank' in paragraph (5) of Code Section 7-1-600, which definition serves the purposes of intrastate branching restrictions. Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter, in particular but not limited to laws regarding intrastate branching. (5) `Commissioner' means the commissioner of the Department of Banking and Finance then in office and, where appropriate, all of his or her successors and predecessors in office. (6) `Control' means that which is set forth either in Code Section 7-1-605 or Section 2(a) of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841(a). (7) `Deposits' means, with respect to a bank, all demand, time, and savings deposits of individuals, partnerships, corporations, the United States government, and states and political subdivisions in the United States. Determinations of deposits shall be made by reference to regulatory reports of condition or similar reports filed by such bank with state or federal regulatory authorities. (8) `Georgia bank' means a bank whose home state is Georgia. (9) `Georgia bank holding company' means a bank holding company that: (A) Has its principal place of business in the state of Georgia; and (B) Is not controlled by a bank holding company other than a Georgia bank holding company. (10) `Georgia state bank' means a bank chartered under the laws of the State of Georgia. (11) `Home state' means: (A) With respect to a state bank, the state by which the bank is chartered; (B) With respect to a national bank, the state in which the main office of the bank is located; or (C) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. Section 3101(c) of the International Banking Act.

Page 289

(12) `Home state regulator' means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which such bank is chartered. (13) `Host state' means a state, other than the home state of a bank, in which the bank maintains or seeks to establish and maintain a branch. (14) `Insured depository institution' shall have the same meaning as set forth in 12 U.S.C. Section 1813(c)(2) and (3) of the FDI Act. (15) `Interstate merger transaction' means: (A) The merger or consolidation of banks with different home states and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or (B) The purchase of all or substantially all of the assets of a bank whose home state is different from the home state of the acquiring bank. (16) `Out-of-state bank' means a bank whose home state is not Georgia, but the term does not include a foreign bank. (17) `Out-of-state bank holding company' means a bank holding company other than a Georgia bank holding company. (18) `Out-of-state state bank' means a bank chartered under the laws of a state other than Georgia. (19) `Principal place of business' of a bank holding company means the state in which the aggregate deposits of the bank subsidiaries of such bank holding company are largest. (20) `Resulting bank' means a bank that has resulted from an interstate merger transaction under this part. (21) `State' means any state of the United States, including the District of Columbia. (22) `Subsidiary' means that which is set forth either in Code Section 7-1-605 or Section 2 of the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841. 7-1-628.2. Interstate merger transactions between out-of-state banks and Georgia banks including Georgia state banks shall be permitted provided that the applicable conditions, approvals, and filing requirements are met by participating banks and bank holding companies. Mergers involving banks having offices located only in this state are governed by Parts 14 and 15 of this article. To the extent a bank participating in a merger is

Page 290

owned or controlled by a bank holding company, the provisions of Part 19 of this article shall also apply to the transaction. 7-1-628.3. (a) Except as otherwise expressly provided in this subsection, an interstate merger transaction shall not be permitted under this part if: (1) Immediately before the merger, any two or more banks involved in the transaction (including all insured depository institutions which are affiliates of any such bank) have a branch in this state; and (2) Upon consummation of such transaction, the resulting bank (including all insured depository institutions that would be `affiliates,' as defined in 12 U.S.C. Section 1841(k) of the resulting bank) would control 30 percent or more of the total amount of deposits held by all insured depository institutions in this state. The 30 percent limitation shall not apply, in the discretion of the commissioner, to transactions complying with paragraph (1) of subsection (b) of Code Section 7-1-623. The commissioner may by regulation adopt a procedure whereby the foregoing limitations on concentration of deposits may be waived upon showing good cause. (b) An interstate merger transaction resulting in the acquisition or control by an out-of-state bank of a Georgia bank or all or substantially all of the assets of a Georgia bank shall not be permitted under this part unless such Georgia bank or any predecessor bank shall have been in existence and continuously operating or incorporated as a bank on the date of such acquisition for a period of at least five years, as also provided in Code Section 7-1-608. 7-1-628.4. (a) A Georgia state bank may enter into an interstate merger transaction where the Georgia state bank is the resulting bank, and as a result the Georgia state bank may establish, maintain, and operate one or more branches in another state. The Georgia state bank must seek approval for the merger pursuant to the provisions in Part 14 of this chapter and must comply with federal law. (b) An out-of-state bank may enter into an interstate merger transaction with a Georgia bank, and an out-of-state bank resulting from such transaction may maintain and operate branches in Georgia. The requirements of Code Section 7-1-628.5 shall be met by the resulting bank. In order to consummate such a merger with a resulting out-of-state state bank, a Georgia state bank shall comply with Code Sections 7-1-531 through 7-1-533 and 7-1-537. A Georgia state bank shall comply with Code Section 7-1-556 if a national bank is to be the resulting bank. (c) Any out-of-state bank which lawfully establishes a branch in this state or which subsequently becomes the owner of or controls interstate

Page 291

branches in Georgia, if such transaction is not covered by subsection (a) or (b) of this Code section, shall comply with the requirements in Code Section 7-1-628.5. 7-1-628.5. (a) An out-of-state bank that is to be the resulting bank of an interstate merger transaction shall comply or assure compliance with the following requirements: (1) Part 19 of this article, if applicable to the transaction shall require any holding company of the resulting bank to comply with Code Sections 7-1-605 through 7-1-612; (2) An out-of-state bank that will be the resulting bank pursuant to an interstate merger transaction involving a Georgia state bank shall notify the commissioner of the proposed merger not later than the date on which it files an application for an interstate merger transaction with the responsible federal bank supervisory agency, provide such information as the commissioner may specify, and pay any filing fee required by regulation; (3) Prior to consummation of the merger, the resulting bank shall provide the commissioner with satisfactory evidence of all required approvals from all relevant bank supervisory agencies; (4) An out-of-state bank holding company that may be the owner of the resulting bank shall provide satisfactory evidence to the commissioner of compliance with applicable requirements of Article 15 of Title 14 of the Georgia Business Corporation Code, `Foreign Corporations,' and shall notify the department of its location, any changes in its initial registered office within this state, and the name of its registered agent at such location. An out-of-state resulting bank shall notify the department of the location of its initial office, any subsequent registered office, and the name of its current registered agent; (5) Each bank or bank holding company attempting to establish interstate branches in Georgia shall provide to the department a certification that all applicable Georgia laws and regulations have been satisfied. The department may, after its own investigation, provide to the appropriate state or federal regulator a certificate of compliance or a statement of noncompliance with Georgia law, together with any advisory comments; and (6) The out-of-state bank must certify to the department that while it maintains a branch in Georgia it will meet the conditions set forth in this part and comply with all applicable Georgia laws and any rules issued under the laws of this state, as well as any orders or directives issued to the bank by the commissioner. (b) In order to facilitate the cooperation between state regulatory authorities, an out-of-state state bank that is the resulting bank of an

Page 292

interstate merger transaction shall comply or assure compliance with the following additional requirements: (1) The supervisor of the out-of-state state bank must agree to share with the commissioner examination reports prepared by the supervisor and any other information deemed necessary by the commissioner regarding such bank. The exam reports from any other state shall be considered to be the other state's property and shall be protected as confidential by Georgia law; and (2) The out-of-state state bank must agree to make available to the commissioner any information that may be required to effectively examine the branch. 7-1-628.6. (a) An out-of-state state bank which establishes and maintains one or more branches in Georgia under this part may conduct any activities at such branch or branches that are authorized under the law of this state for Georgia state banks, and if an activity is one that requires the prior approval of the commissioner, such approval must be secured prior to commencing such activity. (b) A Georgia state bank may conduct any activities at any branch outside Georgia that are permissible for a bank chartered by the host state where the branch is located, except to the extent such activities are expressly prohibited by the laws of this state or by any regulation or order of the commissioner applicable to the Georgia state bank and except where the activity is one that requires approval from the department, in which case such approval must be secured; provided, however, that the commissioner may waive any prohibition or requirement for approval if he or she determines, by order or regulation, that the involvement of out-of-state branches of the Georgia state bank in particular activities would not threaten the safety or soundness of such bank. (c) An out-of-state bank that has established or acquired a branch in Georgia under this part may establish or acquire additional branches in Georgia to the same extent, but to no greater extent, that any Georgia bank may establish or acquire a branch in Georgia under applicable federal and state law. 7-1-628.7. (a) To the extent consistent with subsection (c) of this Code section, the commissioner may make such examinations of any branch established and maintained in this state by an out-of-state state bank as the commissioner may deem necessary to determine whether the branch is being operated in compliance with the laws of this state and in accordance with safe and sound banking practices. The provisions of Parts 3 and 4 of Article 1 of this title are applicable to examinations.

Page 293

(b) The commissioner may prescribe requirements for periodic reports regarding any out-of-state bank that operates a branch in Georgia pursuant to this part. The required reports shall be provided by such bank or by the bank supervisory agency having primary responsibility for such bank. Any reporting requirements prescribed by the commissioner under this subsection shall be: (i) consistent with the reporting requirements applicable to Georgia state banks; and (ii) appropriate for the purpose of enabling the commissioner to carry out his or her responsibilities under this Code section. (c) The commissioner may enter into cooperative, coordinating, and information sharing agreements with any other bank supervisory agencies or any organization affiliated with or representing one or more bank supervisory agencies with respect to the periodic examination or other supervision of any branch in Georgia of an out-of-state state bank or of any branch of a Georgia state bank in any host state, and the commissioner may accept such parties' reports of examination and reports of investigation in lieu of conducting his or her own examinations or investigations. Agreements to share should contain provisions for dealing with confidentiality and subpoenas. (d) Notwithstanding any other law to the contrary, the commissioner may enter into contracts with any bank supervisory agency that has concurrent jurisdiction over a Georgia state bank or an out-of-state state bank operating a branch in this state pursuant to this part to engage the services of such agency's examiners at a reasonable rate of compensation, to provide the services of the commissioner's examiners to such agency at a reasonable rate of compensation, or for another arrangement that the commissioner may find expedient and reasonable. (e) The commissioner may enter into joint examinations or joint enforcement actions with other bank supervisory agencies having concurrent jurisdiction over any branch in Georgia of an out-of-state state bank or any branch of a Georgia state bank in any host state, provided that the commissioner may at any time take such actions independently if he or she deems such actions to be necessary or appropriate to carry out his or her responsibilities under this part or to ensure compliance with the laws of this state, but provided further that, in the case of an out-of-state state bank, the commissioner shall recognize the exclusive authority of the home state regulator over corporate governance matters and the primary responsibility of the home state regulator with respect to safety and soundness matters. (f) Each out-of-state bank that maintains one or more branches in this state may be assessed and, if assessed, shall pay supervisory and examination fees in accordance with the laws of this state and regulations of the department. (g) Any examinations or reports originated by Georgia or by another bank supervisory agency shall be deemed and treated as confidential

Page 294

according to Georgia law, and such confidentiality shall not be affected by the sharing of the examination or reports. The department shall not be obligated to provide or disclose such examinations or reports to any third party. 7-1-628.8. (a) A `de novo branch' means a branch of a bank which: (1) Is originally established by the bank as a branch; and (2) Does not become a branch of the bank as a result of the acquisition of another bank or of a branch of another bank or as the result of the merger, consolidation, or conversion of any such bank or branch. (b) No out-of-state bank shall establish or maintain a de novo branch in this state unless such bank has lawfully established a branch in Georgia, and then only to the extent that any Georgia bank could establish such a de novo branch. 7-1-628.9. Unless otherwise expressly permitted by Georgia law or regulation, no bank may acquire a branch of any other bank in Georgia without the acquisition of the entire bank, unless the acquiring bank could lawfully establish a branch in the geographic area where the branch to be acquired is located. 7-1-628.10. If the commissioner determines that a branch maintained by an out-of-state state bank in this state is being operated in violation of any provision of the laws of this state or that such branch is being operated in an unsafe and unsound manner, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the branch were a Georgia state bank, provided that the commissioner shall promptly give notice to the home state regulator of each enforcement action taken against an out-of-state state bank and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving said enforcement action. 7-1-628.11. The commissioner may promulgate such regulations and may provide for the payment of such reasonable filing, application, assessment, and administrative fees as he or she determines to be necessary or appropriate in order to implement the provisions of this part. 7-1-628.12. The commissioner may require an out-of-state state bank that maintains or seeks to establish a branch in this state to submit to the department

Page 295

its consolidated reports of condition and income in the form specified by the Federal Financial Institutions Examination Council. In order to determine compliance with Georgia law on deposit concentration limits or other areas of state compliance, other reporting of banks may be required by the commissioner. 7-1-628.13. Each out-of-state state bank that has established and maintains a branch or which intends to establish a branch in this state pursuant to this part or the person seeking to obtain control of the out-of-state state bank shall give to the commissioner at least 30 days' written notice (or, in the case of an emergency transaction, such shorter notice as is consistent with applicable state or federal law) of any merger, consolidation, or other transaction that would cause a change of control with respect to such bank or any bank holding company that controls such bank, with the result that an application would be required to be filed pursuant to the federal Change in Bank Control Act of 1978, as amended, 12 U.S.C. Section 1817(j), or the federal Bank Holding Company Act of 1956, as amended, 12 U.S.C. Section 1841 et seq., or any successor statutes thereto. 7-1-628.14. (a) If any provision of this section or the application of such provision is found by any court of competent jurisdiction in the United States to be invalid as it pertains to any bank, bank holding company, foreign bank, or other person or circumstances, or is found to be superseded explicitly by federal law, the remaining provisions of this part shall not be affected and shall continue to apply to any bank, bank holding company, foreign bank, or other person or circumstance. (b) Nothing contained in this part shall be construed to amend or modify the provisions of any other part of this chapter governing the supervision or regulation of banks and bank holding companies, as defined in this chapter, or with respect to the organization and powers of the department and the commissioner as provided in such other parts. 7-1-628.15. (a) All banks engaged in interstate banking and branching in this state shall be obliged to adhere to the tax laws and regulations of Title 48 which pertain to such activities. (b) The Department of Revenue shall address the tax treatment of financial organizations before June 1, 1997, in order to provide timely and appropriate taxation of banks which have adjusted their corporate structures according to this part and federal law.

Page 296

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 on June 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. EDUCATION GEORGIA MILITARY COLLEGE; BOARD OF TRUSTEES; VALIDITY OF PRIOR TRUST PROVISIONS; DISPOSITION OF REAL PROPERTY SUBJECT TO APPROVAL OF GOVERNOR; SCHOLARSHIPS. Code Title 20, Chapter 3, Article 9 Amended. No. 625 (Senate Bill No. 549). AN ACT To amend Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the provisions relating to terms of board members; to change the date for determining the applicability of the provisions relating to prior trusts; to change the provisions relating to the approval by the Governor of sales, leases, and other dispositions of property; to change the provisions relating to scholarships; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to Georgia Military College, is amended by striking in its entirety Code Section 20-3-542, relating to the creation and composition of the Board of Trustees of the Georgia Military College, which reads as follows: 20-3-542. The board shall be composed of one member elected from each of the six municipal voting districts of the City of Milledgeville, the mayor of the City of Milledgeville, one member appointed by the Governor from each congressional district in the state, the adjutant general of Georgia as an ex officio member, and two members appointed by the Governor

Page 297

from the state at large. The Governor shall not be a member of the board., and inserting in lieu thereof a new Code Section 20-3-542 to read as follows: 20-3-542. The board shall be composed of the mayor of the City of Milledgeville and six additional members, one of which shall be elected from each of the six municipal voting districts of the City of Milledgeville, all as provided in the consent decree entered May 12, 1989, in Civil Action No. 88-262-1-MAC, United States District Court, Middle District of Georgia, Macon Division, entitled Louise N. Barnes v. James E. Baugh et al. Each member of the board now serving shall continue to serve until his or her successor is duly elected and qualified. SECTION 2. Said article is further amended by striking in its entirety Code Section 20-3-543, relating to terms of members of the Board of Trustees of the Georgia Military College, which reads as follows: 20-3-543. The board members elected from the City of Milledgeville shall serve in accordance with the city's electoral provisions relating to the board. The initial members appointed by the Governor from even-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1992, and shall serve three-year terms, and the initial members appointed from odd-numbered congressional districts and one member appointed from the state at large shall take office on September 1, 1992, and shall serve six-year terms. Thereafter, each appointed member shall serve a six-year term. It shall be the duty of the members of the board to attend the meetings of the board., and inserting in lieu thereof a new Code Section 20-3-543 to read as follows: 20-3-543. The terms of the members of the board now serving, the terms of all future members, and the election of all future members shall be governed by the consent decree referenced in Code Section 20-3-542. SECTION 3. Said article is further amended by striking in its entirety Code Section 20-3-562, relating to validity of prior trust provisions and substitution of trustee, and inserting in lieu thereof a new Code Section 20-3-562 to read as follows:

Page 298

20-3-562. Any trust fund or property, real, personal, or mixed, that may have been created prior to July 1, 1996, by will or otherwise, as a fund, gift, donation, or devise to any prior board of trustees of the college or to any executor or trustee to and for the benefit, use, or behoof of the college shall not lapse by virtue of any of the provisions of this article, but such trust shall remain valid and of full force and effect; and the beneficial interest under any such deed of gift, will, or other conveyance shall vest in the board of trustees as trustee to and for the use, benefit, and behoof of the college. In any case where provisions of any deed of gift, will, or other conveyance referred to in this Code section require a trustee and no trustee shall in any contingency exist, the board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance. SECTION 4. Said article is further amended by striking in its entirety Code Section 20-3-564, relating to the authority of the Board of Trustees of the Georgia Military College to dispose of property, and inserting in lieu thereof a new Code Section 20-3-564 to read as follows: 20-3-564. All properties owned or held by the board of trustees pursuant to this article which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board, whenever the board may deem such sale, lease, or other disposition in the best interest of the college, if the board shall first determine that such property can no longer be advantageously used by the college; provided, however, that where any such property has been granted or conveyed to the college or the board for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance; provided, further, that every such sale, lease, or other disposition of real property shall be subject to the approval of the Governor. SECTION 5. Said article is further amended by striking in its entirety subsection (a) of Code Section 20-3-567, relating to a program of scholarships at Georgia Military College, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of trustees shall have the authority to grant to qualified students such scholarships as available funds allow. The board of trustees shall establish rules and regulations governing the eligibility for and awarding of such scholarships; provided, however, that all such scholarships

Page 299

which are funded by money appropriated by the General Assembly of Georgia shall be granted only to qualified students who are citizens and bona fide residents of this state and shall be apportioned on an equal basis by congressional district. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR FORMER EMPLOYEES OF GEORGIA FEDERAL-STATE SHIPPING POINT INSPECTION SERVICE. Code Section 47-2-310 Amended. No. 626 (House Bill No. 1012). AN ACT To amend Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, so as to provide for additional creditable service for prior service with such employer; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-310 of the Official Code of Georgia Annotated, relating to membership of employees of the Georgia Federal-State Shipping Point Inspection Service in the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: (g)(1) Any member who was employed by the inspection service on July 1, 1975, and who was a member on that date shall be eligible to receive up to five years of creditable service under the retirement system for service rendered as an employee of the inspection service prior to becoming a member of the retirement system. Such service shall be in addition to the creditable service authorized by subsection (f) of this Code section. In order to receive such creditable service, the member must pay to the board of trustees the employee contributions of 5 percent of his or her salary on July 1, 1975, for each month of creditable service, together with interest at the rate of 4 percent compounded annually from July 1, 1975, to the date of payment. The board of trustees may require such documentation as

Page 300

the board finds necessary to verify the period of employment with the inspection service and the compensation received for such employment. The board of trustees shall calculate the amount of payment required to obtain creditable service under this Code section and shall certify such amount to a member who applies for creditable service under this paragraph. (2) The inspection service is authorized to supplement, if necessary, the payment made to the board of trustees pursuant to paragraph (1) of this subsection from funds available to the inspection service. (3) Payments made pursuant to paragraphs (1) and (2) of this subsection shall be made not later than January 1, 1997. The board shall determine whether the amount of creditable service purchased by the total contributions made pursuant to paragraphs (1) and (2) of this subsection would warrant, without creating any additional accrued liability of the retirement system, up to five years of creditable service. (4) No creditable service may be obtained pursuant to the provisions of this subsection for any period for which creditable service has been or may be obtained under any other provision of this chapter. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; SPOUSES' BENEFITS; REVOCATION OF ELECTION; REMARRIAGE. Code Section 47-11-71 Amended. No. 627 (House Bill No. 1015). AN ACT To amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of benefits under the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that if a member

Page 301

elects a certain spouses' option and his or her spouse subsequently dies or is divorced, the member may revoke such election; to provide that if such member remarries, he or she may elect such spouses' option for the new spouse; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of 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)(1) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's spouse at that time and shall be computed so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 1/2 percent interest. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits. (2) If a member elects the option provided in paragraph (1) of this subsection, then, after the approval of the application for retirement, the following provisions apply: (A) If the member's spouse shall predecease the member, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly benefit which would have been payable to him had such option not been exercised; (B) If there is entered a final judgment of complete divorce between the member and the member's spouse, the member may, in writing on forms prescribed by the board and subject to approval by the board, revoke such option and thereafter receive during the member's lifetime a monthly retirement benefit commencing on the date on which the board approves such revocation, but not for any period prior to such approval, equal to the maximum monthly

Page 302

benefit which would have been payable had such option not been exercised; and (C) If, following the death of the member's spouse or the entry of a final judgment of divorce between the member and the member's spouse, the member remarries, the member may, in writing on forms prescribed by the board and subject to approval by the board, elect such option with respect to the member's new spouse. The joint and survivor benefit shall be determined as of the date of the election. No such election shall be made until the expiration of one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; DISABILITY RETIREMENT. Code Section 47-3-122 Amended. No. 628 (House Bill No. 1025). AN ACT To amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application; to provide for the payment of disability benefits in connection therewith; 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 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Georgia,

Page 303

is amended by striking subsection (a) in its entirety and substituting in lieu thereof new subsections (a) and (a.1) to read as follows: (a) Any member who is in service or on authorized leave may retire on disability upon written application to the board of trustees if the member has at least ten years of creditable service at the time of retirement and if the member's application for disability retirement is approved by the medical board. The medical board shall approve the application if, after a medical examination of such member by a qualified physician appointed by the board of trustees, it finds that the applicant is mentally or physically incapacitated for further performance of duty involving active membership with the retirement system, that such incapacity is likely to be permanent, and that the applicant should be retired. The effective date of retirement will be the first of the month in which the application is received by the board of trustees, provided that no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 90 days in advance of the effective date of retirement. (a.1) If the board of trustees determines by clear and convincing evidence presented to the board by or on behalf of the member that the disability itself was the cause of failure to file a timely application for disability retirement, the board of trustees is authorized to calculate the annual benefit provided for in subsection (c) of this Code section as if the member had retired on such effective date of disability retirement increased by any increases in benefits which the member would have received if he or she had retired on that date and adjust the benefits of such retiree as of the first of the month following such determination; provided, however, that the board of trustees is not authorized to pay retroactive disability benefits. This subsection applies to former members who became disabled at any time prior to July 1, 1996, as well as to former members who become disabled on or after July 1, 1996. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 304

RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; RETIRED MEMBERS; EMPLOYMENT; BENEFITS. Code Section 47-17-80 Amended. No. 629 (House Bill No. 1047). AN ACT To amend Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, so as to provide that the benefits of retired members who are employed as a peace officer during a certain period of time shall not be affected; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-17-80 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subsection (g) and inserting in lieu thereof the following: (g)(1) Except as provided in paragraph (2) of this subsection, any member who again becomes employed as a peace officer after having been placed on retirement under this Code section shall immediately notify the secretary-treasurer of such reemployment. Retirement benefits being paid to such member shall be terminated as of the date of such reemployment and shall remain terminated for the duration of such reemployment. During such period of reemployment, said member shall pay regular monthly dues into this fund. Upon meeting the requirements provided by law, such member shall be entitled to all benefits provided for in Code Sections 47-17-81 and 47-17-82; but such member shall not be entitled to any increase in retirement benefits by virtue of service during the period of reemployment unless such reemployment is for a term of three years or more, in which instance such member may again apply for retirement as if he or she had not previously been retired; and he or she shall be entitled to such benefits as may be provided by law at that time, if he or she so chooses. (2) The provisions of paragraph (1) of this subsection shall not apply to a retired member employed in any capacity during the period beginning July 1, 1996, and ending June 30, 1997. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems

Page 305

Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE; COUNTY DEPARTMENT OF FAMILY AND CHILDREN SERVICES EMPLOYEES. Code Section 47-2-298 Amended. No. 630 (House Bill No. 1070). AN ACT To amend Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, so as to change the time in which such creditable service may be obtained; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-298 of the Official Code of Georgia Annotated, relating to membership by certain former county employees in the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (c) and inserting in lieu thereof the following: (c) Employees or former employees of a county department of family and children services who are subject to the provisions of this Code section shall exercise the option provided by this Code section by notification in writing to the board of trustees of this retirement system, the board of trustees or other managing body of the local retirement system, and to the county governing authority. Such notification must be made by not later than December 31, 1996. For employees or former employees of a county department of family and children services who become members of this retirement system after July 1, 1996, such election and notification must be made within six months of becoming a member of this retirement system. Any such employee failing to exercise the option granted by this Code section within such time limitation shall not at any time thereafter be eligible to become a member of this retirement system as an employee of a county department

Page 306

of family and children services. Any such employee shall make payment to the board of trustees of this retirement system of a sum equal to their employee contributions which had been paid to the local retirement system during the years of service for which credit is being claimed and thereafter shall not be entitled to receive any benefit from the local retirement system. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. EDUCATION HEALTH INSURANCE PLANS FOR PUBLIC SCHOOLTEACHERS; PREMIUM PAYMENTS IN MONTHLY INSTALLMENTS BY CERTAIN TEACHERS. Code Section 20-2-888 Enacted. No. 631 (House Bill No. 1099). AN ACT To amend Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, so as to provide for the payment of health insurance premiums in monthly installments by schoolteachers ineligible for retirement but with 20 or more years of service or their surviving spouses; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 1 of Part 6 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to health insurance plans for public schoolteachers, is amended by striking Code Section 20-2-888, relating to health insurance benefits available to 20 year public schoolteachers and surviving spouses, and inserting in lieu thereof a new Code Section 20-2-888 to read as follows:

Page 307

20-2-888. Notwithstanding any other provisions of this subpart to the contrary, the board shall offer coverage to the surviving spouse of any teacher who died prior to January 1, 1979, and to any teacher with 20 or more years of creditable service who is not presently eligible to receive retirement benefits. The surviving spouse or teacher shall pay in monthly installments both the employer and employee premiums for such insurance coverage. The amount of the monthly premiums shall be equal to the rate of employer and employee contributions in effect during the existence of the coverage. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. REVENUE AND TAXATION ELECTRONIC TRANSMISSION OF RETURNS, REPORTS, AND OTHER DOCUMENTS FILED WITH TAXES PAID BY ELECTRONIC TRANSFER OF FUNDS. Code Section 48-2-32 Amended. No. 632 (House Bill No. 1124). AN ACT To amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees, so as to authorize the state revenue commissioner to promulgate rules and regulations setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer; 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 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees, is amended by adding a new paragraph at the end of subsection (f), to be designated paragraph (6), to read as follows: (6) Notwithstanding any provision of law to the contrary, the commissioner is authorized to promulgate rules and regulations

Page 308

setting forth the requirements for electronically transmitting all required returns, reports, or other documents required to be filed with taxes paid by electronic funds transfer. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. REVENUE AND TAXATION INTERNAL REVENUE CODE AND INTERNAL REVENUE CODE OF 1986 DEFINED. Code Section 48-1-2 Amended. No. 633 (House Bill No. 1125). 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 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, 1996. 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, 1996, 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

Page 309

beginning on or after January 1, 1996. Provisions of the Internal Revenue Code of 1986 which were as of January 1, 1996, 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 1, 1996. CRIMES AND OFFENSES GAMBLING; REPLAYS EARNED ON COIN OPERATED GAMES; REWARDS RECEIVED FROM CRANE AMUSEMENT GAMES; ACCUMULATION OF WINNINGS ON COIN OPERATED GAMES; MONEY EXCHANGED FOR CERTAIN FREE REPLAYS PROHIBITED; MONEY AS REWARD FOR CERTAIN SUCCESSFUL PLAYS PROHIBITED; PENALTIES. Code Section 16-12-35 Amended. No. 634 (House Bill No. 1151). 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 provisions relating to the earning of replays on coin operated games or devices and to provide for the discharge of the accumulated replays; to change the provisions relating to the manner and type of reward a winning player receives when operating a crane amusement game or device or when operating certain other coin operated games or devices; to authorize the accumulation of winnings on certain coin operated games or devices through the issuance of tokens, vouchers, or tickets which can only be redeemed for merchandise, prizes, toys, gift certificates, or novelties; to make it unlawful for certain persons to give to other persons money for free replays on certain coin operated games or devices; to make it unlawful for certain persons to give to other persons money as a reward for the successful play or winning of certain amusement games or devices; to provide a penalty; to change certain other penalty provisions; 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 in its entirety Code Section 16-12-35, relating to the applicability of certain gambling laws with respect to the manufacture and sale of printed materials and

Page 310

equipment for use in a legally authorized lottery and the applicability of certain gambling laws to certain coin operated games or devices, and inserting in lieu thereof a new Code Section 16-12-35 to read as follows: 16-12-35. (a) Any other laws to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery. This part shall in no way prohibit communications between persons in this state and persons involved with such legal lotteries relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state. (b) Nothing in this part shall apply to a coin operated game or device designed and manufactured for bona fide amusement purposes only which may by application of some skill entitle the player to earn replays of the game or device at no additional cost and to discharge the accumulated free replays only by reactivating the game or device for each accumulated free replay or by reactivating the game or device for a portion or all of the accumulated free plays in a single play. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming tax stamp under applicable provisions of the Internal Revenue Code. (c)(1) Nothing in this part shall apply to a crane game machine or device meeting the requirements of paragraph (2) of this subsection. (2) A crane game machine or device acceptable for the purposes of paragraph (1) of this subsection shall meet the following requirements: (A) The machine or device must be designed and manufactured only for bona fide amusement purposes and must involve at least some skill in its operation; (B) The machine or device must reward a winning player exclusively with free replays or merchandise contained within the machine itself and such merchandise must be limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value not exceeding $5.00. A player may be rewarded with both free replays and noncash merchandise, prizes, toys, or novelties for a single play of the game or device as provided in this Code section. (C) The player of the machine or device must be able to control the timing of the use of the claw or grasping device to attempt to pick up or grasp a prize, toy, or novelty; (D) The player of the machine or device must be made aware of the total time which the machine or device allows during a game for the

Page 311

player to maneuver the claw or grasping device into a position to attempt to pick up or grasp a prize, toy, or novelty; (E) The claw or grasping device must not be of a size, design, or shape that prohibits picking up or grasping a prize, toy, or novelty contained within the machine or device; and (F) The machine or device must not be classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (d)(1) Nothing in this part shall apply to a coin operated game or device designed and manufactured only for bona fide amusement purposes which involves some skill in its operation if it rewards the player exclusively with free replays or merchandise limited to noncash merchandise, prizes, toys, gift certificates, or novelties, each of which has a wholesale value of not more than $5.00 for a single play of the game or device. A player may be rewarded with both free replays and noncash merchandise, prizes, toys, gift certificates, or novelties for a single play of the game or device as provided in this Code section. This subsection shall not apply, however, to any game or device classified by the United States government as requiring a federal gaming stamp under applicable provisions of the Internal Revenue Code. (2) A player of bona fide coin operated amusement games or devices described in paragraph (1) of this subsection may accumulate winnings for the successful play of such bona fide coin operated amusement games or devices through either tokens, vouchers, or tickets and may redeem these accumulated tokens, vouchers, or tickets for noncash merchandise, prizes, toys, gift certificates, or novelties so long as the amount of tokens, vouchers, or tickets earned on a single play does not exceed $5.00. (e) Any person who gives to any other person money for free replays on coin operated games or devices described in subsections (b), (c), or (d) of this Code section shall be guilty of a misdemeanor. (f) Any person owning or possessing an amusement game or device described in subsection (c) or (d) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money for any noncash merchandise, prize, toy, gift certificate, or novelty received as a reward in playing any such amusement game or device shall be guilty of a misdemeanor. (g) Any person owning or possessing an amusement game or device described in subsection (b), (c), or (d) of this Code section or any person employed by or acting on behalf of any such person who gives to any other person money as a reward for the successful play or winning of

Page 312

any such amusement game or device 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 1, 1996. CRIMES AND OFFENSES PUBLIC INDECENCY IN JAILS AND PENAL AND CORRECTIONAL INSTITUTIONS. Code Section 16-6-8 Amended. No. 635 (House Bill No. 1168). AN ACT To amend Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that the offense of public indecency is committed by proscribed conduct in jails and penal and correctional institutions; 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 sexual offenses, is amended by striking in its entirety Code Section 16-6-8, relating to public indecency, and inserting in lieu thereof the following: 16-6-8. (a) A person commits the offense of public indecency when he or she performs any of the following acts in a public place: (1) An act of sexual intercourse; (2) A lewd exposure of the sexual organs; (3) A lewd appearance in a state of partial or complete nudity; or (4) A lewd caress or indecent fondling of the body of another person. (b) A person convicted of the offense of public indecency as provided in subsection (a) of this Code section shall be punished as for a misdemeanor except as provided in subsection (c) of this Code section. (c) Upon a third or subsequent conviction for public indecency for the violation of paragraph (2), (3), or (4) of subsection (a) of this Code section, a person shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years.

Page 313

(d) For the purposes of this Code section only, `public place' shall include jails and penal and correctional institutions of the state and its political subdivisions. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. STATE GOVERNMENT INSPECTION OF PUBLIC RECORDS; FEES FOR COPYING, SEARCHING, OR RETRIEVING PUBLIC RECORDS. Code Section 50-18-71 Amended. Code Section 50-18-71.2 Enacted. No. 636 (House Bill No. 1170). AN ACT To amend Article 4 of Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide for collection of copying, search, retrieval, or other administrative fees by counties, municipal corporations, school boards, and their departments, agencies, boards, bureaus, commissions, authorities, and similar bodies; to require agencies to provide an estimate of fees as a condition for assessing fees; 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 18 of Title 50 of the Official Code of Georgia Annotated, relating to inspection of public records, is amended by inserting in Code Section 50-18-71, relating to access for copying documents and fees, a new subsection to be designated subsection (g) to read as follows: (g) Whenever any person has requested one or more copies of a public record and such person does not pay the copying charges and charges for search, retrieval, or other direct administrative costs in accordance with the provisions of this Code section: (1) A county or a department, agency, board, bureau, commission, authority, or similar body of a county is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (2) A municipal corporation or a department, agency, board, bureau, commission, authority, or similar body of a municipal corporation is authorized to collect such charges in any manner authorized by law for

Page 314

the collection of taxes, fees, or assessments owed to the municipal corporation; (3) A consolidated government or a department, agency, board, bureau, commission, authority, or similar body of a consolidated government is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the consolidated government; (4) A county school board or a department, agency, board, bureau, commission, authority, or similar body of a county school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (5) An independent school board or a department, agency, board, bureau, commission, authority, or similar body of an independent school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation; and (6) A joint or regional authority or instrumentality which serves one or more counties and one or more municipal corporations, two or more counties, or two or more municipal corporations is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county if a county is involved with the authority or instrumentality or in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation if a municipal corporation is involved with the authority or instrumentality. This subsection shall apply whether or not the person requesting the copies has appeared to receive the copies. SECTION 2. Said article is further amended by inserting a new Code section to be designated Code Section 50-18-71.2 to read as follows: 50-18-71.2. Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 315

EVIDENCE WITNESS FEES; EMPLOYEES OF THE DEPARTMENT OF NATURAL RESOURCES. Code Section 24-10-27.1 Amended. No. 637 (House Bill No. 1199). AN ACT To amend Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, so as to provide that persons employed by the Department of Natural Resources as law enforcement officers shall be entitled to certain witness fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to general provisions relative to subpoenas and notices to produce, is amended by striking in its entirety Code Section 24-10-27.1, relating to witness fees for certain officers, and inserting in lieu thereof the following: 24-10-27.1. (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, any person employed by the Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his or her designees, the commanding officer of the Georgia State Patrol or his or her designees, the Commissioner of Natural Resources or his or her designees, the superintendent of the

Page 316

institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his or her attendance and that his or her attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him or her to appear in such court or before the grand jury on any one day. (b)(1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, any person employed by the Department of Natural Resources as a law enforcement officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his or her designees, the commanding officer of the Georgia State Patrol or his or her designees, the Commissioner of Natural Resources or his or her designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his or her attendance and that his or her attendance was required during hours other than regular duty hours. (2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 317

LOCAL GOVERNMENT ZONING PROCEDURES LAW AMENDED; MINIMUM PERIODS FOR PRESENTATIONS AT HEARINGS ON PROPOSED ZONING DECISIONS. Code Section 36-66-5 Amended. No. 638 (House Bill No. 1203). AN ACT To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, known as The Zoning Procedures Act, so as to provide for a minimum time period for presentation at hearings on proposed zoning decisions; 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 66 of Title 36 of the Official Code of Georgia Annotated, known as The Zoning Procedures Law, is amended by striking in its entirety subsection (a) of Code Section 36-66-5, relating to hearing policies and procedures and standards for exercise of zoning power, and inserting in lieu thereof the following: (a) Local governments shall adopt policies and procedures which govern calling and conducting hearings required by Code Section 36-66-4, and printed copies of such policies and procedures shall be available for distribution to the general public. Such policies and procedures shall specify a minimum time period at hearings on proposed zoning decisions for presentation of data, evidence, and opinion by proponents of each zoning decision and an equal minimum time period for presentation by opponents of each proposed zoning decision, such minimum time period to be no less than ten minutes per side. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. DEBTOR AND CREDITOR POSTJUDGMENT GARNISHMENT PROCEEDINGS; PROCEDURE FOR SIGNING AND APPROVING AFFIDAVIT FOR ISSUANCE OF GARNISHMENT SUMMONS. Code Section 18-4-61 Amended. No. 639 (House Bill No. 1208). AN ACT To amend Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings, so as to

Page 318

change a procedure for signing and approving an affidavit for issuance of a summons of garnishment; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to postjudgment garnishment proceedings, is amended by striking in its entirety Code Section 18-4-61, relating to affidavits for issuance of summons of garnishment, and inserting in lieu thereof a new Code section to read as follows: 18-4-61. The plaintiff, the plaintiff's attorney at law, or the plaintiff's agent shall make, on personal knowledge, an affidavit setting forth that the plaintiff has a judgment against a named defendant, the amount claimed to be due on the judgment, the name of the court which rendered the judgment, and the case number thereof. Upon the filing of the affidavit with the clerk of any court having jurisdiction over the garnishee, the clerk shall cause a summons of garnishment to issue forthwith; provided, however, that the affidavit shall first be made and be approved as containing the information required by this Code section in one of the following ways: (1) The affidavit may be made before and approved by a judge of the court in which the garnishment proceeding is filed; (2) The affidavit may be made before and approved by a judge of the court that rendered the judgment upon which the garnishment is based; (3) The affidavit may be made before and approved by a judge of any court of record; (4) The affidavit may be made before any officer authorized to administer oaths, including a notary public, provided that the affidavit is then submitted by mail or in person to any judge of a court specified in paragraph (1), (2), or (3) of this Code section and is approved by him; or (5) The affidavit may be made before the clerk or deputy clerk of the court in which the garnishment is filed or before any officer authorized to administer oaths, including a notary public, and may be approved by the clerk or deputy clerk if the judge or judges of the court promulgate rules supervising the initiation of the garnishment proceedings and the affidavit is made and approved pursuant to such

Page 319

rules. No court rule or practice shall preclude a plaintiff from proceeding pursuant to paragraph (1), (2), (3), or (4) of this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CONSERVATION AND NATURAL RESOURCES CERTAIN REFERENCES TO REGULATIONS PROMULGATED BY BOARD OF NATURAL RESOURCES AND ADMINISTRATOR OF FEDERAL ENVIRONMENTAL PROTECTION AGENCY CHANGED. Code Sections 12-2-2, 12-8-62, and 12-8-92 Amended. No. 640 (House Bill No. 1224). AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to change certain references to regulations promulgated by the Board of Natural Resources and regulations promulgated by the administrator of the federal Environmental Protection Agency; 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 paragraph (5) of subsection (c) of Code Section 12-2-2, relating to the creation of the Environmental Protection Division of the Department of Natural Resources, and inserting in lieu thereof the following: (5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term `standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1996. SECTION 2. Said title is further amended by striking in its entirety Code Section 12-8-62, relating to definitions relative to the Georgia Hazardous Waste Management Act, and inserting in lieu thereof the following:

Page 320

12-8-62. As used in this part, the term: (1) `Board' means the Board of Natural Resources of the State of Georgia. (2) `Designated hazardous waste' means any solid waste identified as such in regulations promulgated by the board. The board may identify as `designated hazardous waste' any solid waste which the board concludes is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed, based on the factors set forth in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are codified as 40 C.F.R. Section 261.11(a)(3), in force and effect on February 1, 1996, if such solid waste contains any substance which is listed on any one or more of the following lists: (A) List of Hazardous Constituents, codified as 40 C.F.R. Part 261, Appendix VIII, in force and effect on February 1, 1996; (B) Ground-water Monitoring List, codified as 40 C.F.R. Part 264, Appendix IX, in force and effect on February 1, 1996; (C) List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R. Table 302.4, and all appendices thereto, in force and effect on February 1, 1996; (D) List of Regulated Pesticides, codified as 40 C.F.R. Part 180, in force and effect on February 1, 1996; (E) List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R. Part 355, Appendix A, in force and effect on February 1, 1996; or (F) List of Chemicals and Chemical Categories, codified as 40 C.F.R. Part 372.65 in force and effect on February 1, 1996. (3) `Director' means the director of the Environmental Protection Division of the Department of Natural Resources. (4) `Disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (5) `Division' means the Environmental Protection Division of the Department of Natural Resources. (6) `Federal act' means the federal Solid Waste Disposal Act, as amended, particularly by the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. Section 6901, et seq.), as

Page 321

amended, particularly by but not limited to the Used Oil Recycling Act of 1980 (Public Law 96-463), the Solid Waste Disposal Act Amendments of 1980 (Public Law 96-482), the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (Public Law 96-510), the Hazardous and Solid Waste Amendments of 1984 (Public Law 98-616), and the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499), as amended. (7) `Final disposition' means the location, time, and method by which hazardous waste loses its identity or enters the environment, including, but not limited to, disposal, disposal site closure and post closure, resource recovery, and treatment. (8) `Guarantor' means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator pursuant to this article. (9) `Hazardous constituent' means any substance listed as a hazardous constituent in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996, codified as Appendix VIII to 40 C.F.R. Part 261Identification and Listing of Hazardous Waste. (10) `Hazardous waste' means any solid waste which has been defined as a hazardous waste in regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996, codified as 40 C.F.R. Section 261.3 and any designated hazardous waste. (11) `Hazardous waste facility' means any property or facility that is intended or used for storage, treatment, or disposal of hazardous waste. (12) `Hazardous waste generation' means the act or process of producing hazardous waste. (13) `Hazardous waste management' means the systematic recognition and control of hazardous wastes from generation to final disposition or disposal, including, but not limited to, identification, containerization, labeling, storage, collection, source separation, transfer, transportation, processing, treatment, facility closure, post closure, perpetual care, resource recovery, and disposal. (14) `Land disposal' means any placement of hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave. (15) `Large quantity generator' means a hazardous waste generator who generates 2.2 pounds or more of acute hazardous waste or 2,200

Page 322

pounds or more of hazardous waste in one month, as defined in the Rules for Hazardous Waste Management, Chapter 391-3-11, of the Board of Natural Resources. (16) `Manifest' means a form or document used for identifying the quantity and composition, and the origin, routing and destination, of hazardous waste during its transportation from the point of generation, through any intermediate points, to the point of disposal, treatment, or storage. (17) `Organization' means a legal entity, other than a government agency or authority, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. (18) `Person' means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, municipality, commission, or political subdivision, or any agency, board, department, or bureau of this state or of any other state or of the federal government. (19) `Serious bodily injury' means a bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (20) `Solid waste' means solid waste as defined by regulations promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal act which are in force and effect on February 1, 1996, codified as 40 C.F.R. Sections 261.1, 261.2(a)-(d), and 261.4(a). (21) `Storage' means the containment or holding of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (22) `Transport' means the movement of hazardous waste from the point of generation to any point of final disposition, storage, or disposal, including any intermediate point. (23) `Treatment' means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safe for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. (24) `Waste reduction' means a practice, other than dewatering, dilution, or evaporation, by an environmental waste generator, including

Page 323

changes in production technology, materials, processes, operations or procedures or use of in-process, in-line, or closed loop recycling according to standard engineering practices, that reduces the environmental and health hazards associated with waste without diluting or concentrating the waste before release, handling, storage, transport, treatment, or disposal of the waste. The term does not include a practice applied to environmental waste after it is generated and exits a production or commercial operation. Waste reduction shall not in any way be inferred to promote, include, or require: (A) Waste burning in industrial furnaces, boilers, or cement kilns; (B) Transfer of an environmental waste from one environmental medium to another environmental medium (otherwise known as waste shifting); (C) Conversion of a potential waste into another form for use in a production process or operation without serving any substantial productive function; (D) Off-site waste recycling; or (E) Any other method of end-of-pipe management of environmental wastes. SECTION 3. Said title is further amended by striking in its entirety Code Section 12-8-92, relating to definitions relative to the Georgia Hazardous Site Response Act, and inserting in lieu thereof the following: 12-8-92. Unless otherwise defined in this part, the definition of all terms included in Code Section 12-8-62 shall be applicable to this part. As used in this part, the term: (1) `Corrective action contractor' means any person contracting with the division to perform any activities authorized to be paid from the hazardous waste trust fund. (2) `Environment' means: (A) The navigable waters, the waters of the contiguous zone, and the ocean waters of which the natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act; and (B) Any other surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the United States or under the jurisdiction of the United States.

Page 324

(3) `Facility' means: (A) Any building, structure, installation, equipment, pipe or pipeline, pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or (B) Any site or area where a hazardous waste, hazardous constituent, or hazardous substance has been deposited, stored, disposed of, placed, or has otherwise come to be located. This term does not include any consumer product in consumer use but does include any vessel. (4) `Hazardous substance' means any substance listed on the List of Hazardous Substances and Reportable Quantities, codified as 40 C.F.R., Part 302, Table 302.4, in force and effect on February 1, 1996, or any substance listed on the List of Extremely Hazardous Substances and Their Threshold Planning Quantities, codified as 40 C.F.R., Part 355, Appendix A, in force and effect on February 1, 1996. (5) `Inventory' means the hazardous site inventory compiled and updated by the division pursuant to Code Section 12-8-97. (6) `Onshore facility' means any facility of any kind including, but not limited to, motor vehicles and rolling stock located in, on, or under any land or nonnavigable waters within the United States. (7) `Owner' or `operator' means: (A) In the case of a vessel, any person owning, operating, or chartering by demise such vessel; (B) In the case of an onshore facility or an offshore facility, any person owning or operating such facility; and (C) In the case of any facility, title or control of which was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government, any person who owned, operated, or otherwise controlled activities at such facility immediately beforehand. Such term does not include a person who holds indicia of ownership primarily to protect said person's security interest in the facility or who acts in good faith solely in a fiduciary capacity and who did not actively participate in the management, disposal, or release of hazardous wastes, hazardous constituents, or hazardous substances from the facility. Such term does not include a unit of state or local government which acquired ownership or control involuntarily through bankruptcy, tax delinquency, abandonment, or other circumstances in which the government involuntarily acquires title by virtue of its function as sovereign; provided, however, that this exclusion shall not

Page 325

apply to any state or local government which has caused or contributed to the release of a hazardous waste, hazardous constituent, or hazardous substance from the facility. (8) `Person' means an individual, trust, firm, joint-stock company, corporation, partnership, association, authority, county, municipality, commission, political subdivision of this state, or any agency, board, department, or bureau of any other state or of the federal government. (9) `Person who has contributed or who is contributing to a release' means: (A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous constituent, or hazardous substance owned or operated any facility at which such hazardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treatment of hazardous wastes, hazardous constituents, or hazardous substances owned or possessed by such person or by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous wastes, hazardous constituents, or hazardous substances; and (D) Any person who accepts or accepted any hazardous wastes, hazardous constituents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a hazardous waste, a hazardous constituent, or a hazardous substance. (10) `Pollution prevention' means: (A) The elimination at the source of the use, generation, or release of hazardous constituents, hazardous substances, or hazardous wastes; or (B) Reduction at the source in the quantity and toxicity of such substances. (11) `Release' means any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including without limitation the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, or hazardous substance; provided, however, that such term shall not include any release which results in exposure to persons solely within a workplace, with respect to a claim which such persons may assert against the employer of such

Page 326

persons; emissions from the engine exhaust of any motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station; or the normal application of fertilizer. (12) `Site' means that portion of the owner's contiguous property and any other owner's property affected by a release exceeding a reportable quantity. (13) `Small quantity generator' means a hazardous waste generator who generates greater than 220 pounds but less than 2,200 pounds of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article. 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 1, 1996. WATERS OF THE STATE, PORTS, AND WATERCRAFT EQUIPMENT OF VESSELS WITH PERSONAL FLOTATION DEVICES; LIMITED EXEMPTION FOR OLYMPIC AND PARALYMPIC GAMES. Code Section 52-7-8 Amended. No. 641 (House Bill No. 1228). AN ACT To amend Code Section 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, so as to provide exemptions from the requirement that vessels be equipped with personal flotation devices for vessels participating in The Games of the XXVIth Olympiad and The Games of the Xth Paralympiad; to provide 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 52-7-8 of the Official Code of Georgia Annotated, relating to the classification of vessels and required equipment, is amended by inserting at the end of subsection (d) the following: (3) The provisions of this subsection and any regulations promulgated under this subsection relating to the equipping of vessels with

Page 327

personal flotation devices shall not apply to vessels used by foreign competitors practicing for or participating in competitive events of The Games of the XXVIth Olympiad or The Games of the Xth Paralympiad; provided, however, that each such vessel shall be equipped with at least one wearable flotation device sanctioned by the competitor's home country for each competitor on board and that each such device shall be readily accessible. All vessels practicing for or participating in Olympic or Paralympic events shall be exempt from any requirement that they be equipped with a Type IV throwable device. Canoes used by both foreign and domestic competitors practicing for or participating in Olympic or Paralympic rowing events on Lake Lanier shall not be required to be equipped with any personal flotation device. SECTION 2. This Act shall become effective on July 6, 1996, and shall be automatically repealed on August 25, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CONSERVATION AND NATURAL RESOURCES GINSENG; REGISTRATION OF GROWERS; HARVESTERS; PERMISSION OF PROPERTY OWNERS. Code Title 12, Chapter 6, Article 2 Amended. No. 642 (House Bill No. 1263). AN ACT To amend Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, so as to provide that growers of ginseng shall register with the Department of Natural Resources; to define a certain term; to provide that the harvester of ginseng must have the written permission of the property owner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources and other plant life, is amended by striking in its entirety Article 2, the Ginseng Protection Act of 1979, and inserting in lieu thereof the following:

Page 328

ARTICLE 2 12-6-150. This article shall be known and may be cited as the `Ginseng Protection Act of 1979.' 12-6-151. As used in this article, the term: (1) `Commissioner' means the commissioner of natural resources. (2) `Ginseng (Penax quinquefolium L.)' means a single stemmed plant arising from a cylindrical root, with prongs (compound leaves) attached to the stem. Each prong is divided into three to seven leaflets. The flower of the plant is green and is located at the leaf petiole. The fruit is a cluster of red berries. (3) `Ginseng dealer' means any person who purchases ginseng for the purpose of resale. (4) `Grower' means any person who cultivates ginseng for purposes of sale or export from this state or both. (5) `Harvest' means to cut, dig, pull up, or otherwise remove a plant or its seed from its habitat. (6) `Person' means any individual, partnership, firm, corporation, association, or other entity. (7) `Purchase' means to acquire, obtain, or receive, or to attempt to acquire, obtain, or receive, by exchange of money or other valuable consideration. This term specifically includes barter or exchange. (8) `Sell' means to dispose of, transfer, or convey, or to attempt to dispose of, transfer, or convey, by exchange of money or other valuable consideration. This term specifically includes barter or exchange. 12-6-152. It shall be unlawful for any person to harvest ginseng in this state except from August 15 through December 31 and with the written permission of the owner of the property on which the ginseng is located. It shall also be unlawful for any person to harvest ginseng that has fewer than three prongs. Further, it shall also be unlawful for any person to fail to plant, immediately after harvest, the ripe berries of the harvested ginseng at the same location at which such ginseng was harvested. 12-6-153. It shall be unlawful for any person disposing of any ginseng harvested in Georgia to fail to report such disposition by January 31 of each year to the Department of Natural Resources. Such report shall be certified by

Page 329

the department and shall include, but shall not be limited to, the amount, by weight, of the ginseng exported; the Georgia county or counties from which the ginseng was harvested; whether the harvested roots were taken from wild or cultivated ginseng; and the location, by state, in which such person disposed of the harvested roots. 12-6-154. It shall be unlawful for any ginseng dealer or grower to fail to register with the department, on a form provided by the department, by July 15 of each year. It shall also be unlawful for any ginseng dealer or grower to fail to submit to the department by January 31 of each year certain information on forms provided by the department. Such information shall include, but shall not be limited to, the amount, by weight, of ginseng purchased or grown and sold during the season; the county or counties from which the ginseng was harvested; and whether the harvested roots were taken from wild or cultivated ginseng. 12-6-155. Upon a determination by the department that this article is no longer necessary for the protection of ginseng in this state, the department shall report such determination to the next session of the General Assembly following such determination. 12-6-156. The department is authorized to prescribe the form and content of the registration forms and the reporting forms required by this article. 12-6-157. Any person who engages in any action made unlawful by this article shall be guilty of a misdemeanor. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. AGRICULTURE ENTOMOLOGY ACT OF 1937 AMENDED; PLANT PESTS; DEFINITION; INSECT PESTS AND PLANT DISEASE. Code Title 2, Chapter 7, Article 1 Amended. No. 643 (House Bill No. 1269). AN ACT To amend Article 1 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as The Entomology Act of 1937, so as to repeal the

Page 330

definition of the term insect pests and plant disease; to provide for a definition of the term plant pest; to change all references in said article to such term; 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 2 of the Official Code of Georgia Annotated, known as The Entomology Act of 1937, is amended by striking paragraph (3) of Code Section 2-7-2, relating to definitions, which reads as follows: (3) `Insect pests and plant disease' means insects or closely related organisms injurious to the agricultural, horticultural, or other interests of the state and infectious or transmissible diseases of plants in any stages of development of such insects or disease., and inserting in lieu thereof the following: Reserved., and by inserting, following paragraph (8), a new paragraph (8.1) to read as follows: (8.1) `Plant pest' means any organism which is determined by the Commissioner to be injurious to the agricultural, horticultural, or other interests of the state, including, but not limited to, insects, bacteria, fungi, viruses, or weeds. SECTION 2. Said article is further amended by striking Code Section 2-7-5, relating to the duty of the Commissioner, and inserting in lieu thereof a new Code section to read as follows: 2-7-5. It shall be the duty of the Commissioner to protect the agricultural, horticultural, and other interests of the state from plant pests. SECTION 3. Said article is further amended by striking Code Section 2-7-6, relating to publication of information and advice, and inserting in lieu thereof a new Code section to read as follows: 2-7-6. The Commissioner may disseminate information and advice to the public on the prevention, control, or eradication of plant pests, by the publication and distribution of printed matter, by correspondence, and by other methods.

Page 331

SECTION 4. Said article is further amended by striking Code Section 2-7-7, relating to cooperative agreements, and inserting in lieu thereof a new Code section to read as follows: 2-7-7. The Commissioner may enter into cooperative arrangements with any person, municipality, county, or other department of this state and with boards, officers, and authorities of other states and of the United States for inspection with reference to plant pests and for the control and eradication thereof. The Commissioner may contribute a just and proportionate share of the expenses incurred under such arrangements. SECTION 5. Said article is further amended by striking Code Section 2-7-9, relating to investigations authorized, employment of experts, and rental, lease, or purchase of land, and inserting in lieu thereof a new Code section to read as follows: 2-7-9. The Commissioner may carry on investigations of methods of control, eradication, and prevention of dissemination of plant pests and for that purpose may employ the necessary experts and may rent, lease, or purchase the necessary land, when required for this purpose. SECTION 6. Said article is further amended by striking Code Section 2-7-10, relating to inspection of plants and other things capable of disseminating or carrying insect pests and plant diseases, and inserting in lieu thereof a new Code section to read as follows: 2-7-10. The Commissioner may inspect or cause to be inspected by duly authorized employees or agents any plants, plant products, or other articles, things, or substances that may in the Commissioner's opinion be capable of disseminating or carrying plant pests. For this purpose the Commissioner or the Commissioner's employees and agents shall have the power to enter into or upon any place and to open any bundle, package, or other container containing or thought to contain plants or plant products or other things capable of disseminating or carrying plant pests. SECTION 7. Said article is further amended by striking Code Section 2-7-11, relating to nursery inspections and rules governing nursery stock and plants in transit, and inserting in lieu thereof a new Code section to read as follows:

Page 332

2-7-11. (a) The Commissioner may inspect or cause to be inspected all nurseries in this state at such intervals as the Commissioner may deem best. The Commissioner shall have a plenary power to make all rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as the Commissioner may deem necessary in the eradication, control, or prevention of the dissemination of plant pests. (b) The Commissioner may also make rules and regulations: (1) To govern the sale and distribution of nursery stock by dealers and agents; (2) Under which nursery stock may be brought into this state from other states and territories of the United States or any foreign country; and (3) With reference to plants and plant products and other things and substances while in transit through this state as may be deemed necessary to prevent the introduction into, dissemination within, and establishment in this state of injurious plant pests. SECTION 8. Said article is further amended by striking Code Section 2-7-12, relating to treatment, cutting, or destruction of infested trees, plants, or other things or substances, and inserting in lieu thereof a new Code section to read as follows: 2-7-12. The Commissioner may visit any section of this state in which any dangerous pest is supposed to exist and determine whether any infested trees, plants, or other things or substances are worthy of remedial treatment or shall be destroyed. The Commissioner may supervise or cause the treatment, cutting, or destruction of plants, trees, or other things or substances when deemed necessary to prevent or control the dissemination of plant pests or to eradicate same and may prescribe rules and regulations therefor. SECTION 9. Said article is further amended by striking Code Section 2-7-13, relating to interception and inspection of plants, plant products, or other things or substances in transit and disposition, and inserting in lieu thereof a new Code section to read as follows: 2-7-13. The Commissioner may intercept and inspect, while in transit or after arrival at destination, all plants, plant products, or other things or

Page 333

substances likely to carry plant pests being moved in this state or brought into this state from another state or territory of the United States or from any foreign county. If, upon inspection, such plants, plant products, or other things or substances are found to be infested or infected with an injurious plant pest or are believed to be likely to communicate or transmit same or are being transported in violation of any of the rules and regulations of the Commissioner, then such plants, plant products, or other things or substances may be treated if necessary and released, returned to the sender, or destroyed, their disposition to be determined under rules and regulations prescribed by the Commissioner. SECTION 10. Said article is further amended by striking Code Section 2-7-14, relating to demand for information and penalty, and inserting in lieu thereof a new Code section to read as follows: 2-7-14. (a) The Commissioner may demand of any person who has plants or plant products or other things likely to carry plant pests in his or her possession to give full information as to the origin and source of the same. (b) It shall be a misdemeanor for a person to refuse to give the information demanded under subsection (a) of this Code section if he or she is able to do so. SECTION 11. Said article is further amended by striking Code Section 2-7-15, relating to declaration of public nuisance authorized, and inserting in lieu thereof a new Code section to read as follows: 2-7-15. The Commissioner may declare a dangerous plant pest, as well as any plant or other thing which has been infested or infected therewith or exposed to infestation or infection and is therefore likely to communicate the same, to be a public nuisance. SECTION 12. Said article is further amended by striking Code Section 2-7-16, relating to notice of declaration of nuisance, prescription of treatment, and right of appeal, and inserting in lieu thereof a new Code section to read as follows: 2-7-16. Whenever inspection discloses that any places, plants or plant products, or other things or substances are infested or infected with any dangerous plant pest which has been declared a public nuisance under this article,

Page 334

the Commissioner or the Commissioner's agents or employees shall give written notice to the owner or other person in possession or control of the place where such things are found, in person or by registered or certified mail. Such owner or other person shall proceed to control, eradicate, or prevent the dissemination of such plant pest and to remove, cut, or destroy infested or infected plants and plant products or other things or substances within the time and in the manner prescribed by the notice or the rules and regulations made pursuant to this article or to take an appeal as provided in Code Section 2-7-24. SECTION 13. Said article is further amended by striking Code Section 2-7-20, relating to declaration of quarantine and violation unlawful, and inserting in lieu thereof a new Code section to read as follows: 2-7-20. (a) The Commissioner may declare a quarantine against any area, place, nursery, grove, orchard, county, or counties within this state, other states, or territories of the United States or any portion thereof or any foreign country, in reference to dangerous plant pests and may prohibit the movement within this state or any part thereof or the introduction into this state from other states or territories of the United States or any foreign country of all plants, plant products, or other things or substances from such quarantined places or areas as are likely to carry dangerous plant pests, if such quarantine is determined by the Commissioner, after due investigation, to be necessary in order to protect the agricultural, horticultural, or other interests of this state. In such cases the quarantine may be made absolute or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of within or outside the state. (b) Whenever the Commissioner declares a quarantine against any place, nursery, grove, orchard, county, or counties of the state or against other states or territories of the United States or any foreign country, as to a dangerous plant pest, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this state or to move, sell, or otherwise dispose of within this state any plant, plant produce, or other things included in such quarantine, except under such rules and regulations as may be prescribed by the Commissioner. SECTION 14. Said article is further amended by striking Code Section 2-7-21, relating to registration of certain growers, and inserting in lieu thereof a new Code section to read as follows:

Page 335

2-7-21. The Commissioner may provide for the registration of all growers of plant or nursery stock intended for sale or distribution, when such plants or nursery stock has been declared by the Commissioner as being liable or likely to disseminate or capable of disseminating plant pests. SECTION 15. Said article is further amended by striking Code Section 2-7-23, relating to promulgation of rules and regulations and publication thereof, and inserting in lieu thereof a new Code section to read as follows: 2-7-23. (a) The Commissioner may make such rules and regulations governing the conditions under which plants or other products may be produced as will permit such plants or other products to be certified as free or relatively free from plant pests. (b) Any rules and regulations made by the Commissioner relative to the certification of tomato, cabbage, onion, and all other cruciferous plants shall be published on or before December 15 of the year preceding that in which such plants are to be grown; provided, however, that in case of emergency supplemental rules and regulations may be promulgated and published; and provided, further, that certification of tomato, cabbage, onion, and other cruciferous plants shall not be compulsory on the grower. (c) All rules and regulations made by the Commissioner within the limits of the authority conferred by this article shall have the full force and effect of law. Printed copies of all acts, rules and regulations, quarantines, and notices of the department which are published under the authority of the Commissioner shall be admitted as sufficient evidence of such acts, rules and regulations, quarantines, or notices in all courts and on all occasions whatsoever, when the correctness of such copies is certified by the Commissioner. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. AGRICULTURE DEALERS IN AGRICULTURAL PRODUCTS; COMPLAINTS; TIME LIMITS. Code Section 2-9-6 Amended. No. 644 (House Bill No. 1279). AN ACT To amend Code Section 2-9-6 of the Official Code of Georgia Annotated, relating to bonds of dealers in agricultural products, the breach of

Page 336

conditions, complaints to the Commissioner of Agriculture, hearings and settlement, actions on bonds, and pro rata distribution of insufficient bond proceeds, so as to provide for time limits for the filing of complaints, the giving of notice, and the commencement of actions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 2-9-6 of the Official Code of Georgia Annotated, relating to bonds of dealers in agricultural products, the breach of conditions, complaints to the Commissioner of Agriculture, hearings and settlement, actions on bonds, and pro rata distribution of insufficient bond proceeds, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any person claiming that he or she has been damaged by any breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-5 may enter a complaint to the Commissioner, which complaint shall be a written statement of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. MOTOR VEHICLES AND TRAFFIC WRECKER TRUCK CHASSIS IDENTIFICATION; VEHICLE EMISSION INSPECTION AND MAINTENANCE; GEORGIA MOTOR VEHICLE EMISSION INSPECTION AND MAINTENANCE ACT AMENDED. Code Title 12, Chapter 9, Article 2 Amended. Code Title 40, Chapter 4, Article 1 Amended. No. 645 (House Bill No. 1290). AN ACT To amend Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia Annotated, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, so as to change a citation to a certain federal act; to amend a

Page 337

certain definition; to amend certain provisions relative to the applicability of such article; to change certain requirements for obtaining a certificate of emission inspection; to provide that a certain certification by military personnel may be made by mail; to provide that the Board of Natural Resources may provide for methods of identifying vehicles in violation of clean air standards and to require an emission inspection and corrective action for such vehicles; to allow the board to establish the amount of repair work required to qualify a nonconforming motor vehicle for a waiver from emission requirements; to extend the period from the purchase of a new vehicle for the date of a required emission inspection; to provide that the board shall not enter into any contract resulting in centralized testing; to provide that persons conducting emission inspections may obtain liability insurance in lieu of posting a bond; to provide that certain persons under contract with the Department of Natural Resources may conduct inspections of inspection stations; to provide that the board may establish procedures to prohibit improper reuse of inspection stickers; to change certain provisions relative to the sale of vehicles subject to emission inspection regulations; to provide for matters relative to the foregoing; to amend Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of motor vehicle registration, so as to authorize certain access to such records; to amend Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, so as to change certain provisions relating to identification of passenger cars and components; to provide for identification of truck chassis with features designed for specialized requirements of wreckers; to provide for 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. Article 2 of Chapter 9 of Title 12 of the Official Code of Georgia, the Georgia Motor Vehicle Emission Inspection and Maintenance Act, is amended by striking in its entirety paragraph (1) of Code Section 12-9-41, relating to legislative findings, and inserting in lieu thereof the following: (1) Some counties of the state have ambient air levels of ozone or carbon monoxide in excess of the National Ambient Air Quality Standards (NAAQS) for such pollutants specified by the United States Environmental Protection Agency (USEPA) pursuant to the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended; and that the USEPA has determined that under certain conditions, such excess levels in such counties are directly related to emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from responsible motor vehicles registered in such counties; SECTION 2. Said article is further amended by striking in their entirety paragraphs (11), (14), (18), and (23) of Code Section 12-9-43, relating to definitions

Page 338

relative to such article, and inserting in lieu thereof, respectively, the following: (11) `Federal Clean Air Act' means 42 U.S.C. Section 7401, et seq., as amended. (14) `Inspection term' means the period of time a certificate of emission inspection shall be considered valid. The specific period of an inspection term shall be established by the rules and regulations promulgated pursuant to this article; provided, however, an inspection term shall be no less than 12 months. (18) `National Ambient Air Quality Standard' or `NAAQS' means those allowable ambient air concentrations for pollutants, including ozone and carbon monoxide, specified by the USEPA pursuant to 42 U.S.C. Section 7401, et seq., as amended. (23) `Responsible motor vehicle' means any motor vehicle defined by the USEPA and published in the Code of Federal Regulations as a light duty vehicle or light duty truck, excluding any motor vehicle exempted from this article by the rules and regulations promulgated pursuant to this article; provided, however, that no such exemption shall be granted to a motor vehicle unless such exemption is in accordance with the federal Clean Air Act, as amended. SECTION 3. Said article is further amended by striking in its entirety Code Section 12-9-44, relating to the uniformity and scope of such article, and inserting in lieu thereof the following: 12-9-44. This article shall operate uniformly throughout the state. The provisions and requirements of this article shall apply in each county or any portion of a county which has been designated by the USEPA in the Code of Federal Regulations as a county or area included within a nonattainment area and which the board designates, through regulation, as a county or area where the excess levels of ozone or carbon monoxide or both are directly related to emissions of hydrocarbons, nitrogen oxides, or carbon monoxide from responsible motor vehicles registered in such county or area. This article shall continue to apply in each such county or portion of a county so designated until the USEPA removes such county or area from the Code of Federal Regulations as a nonattainment area and approves an air quality implementation plan which allows the state to maintain the NAAQS in such county without a vehicle inspection program. SECTION 4. Said article is further amended by striking in its entirety Code Section 12-9-45, relating to certificates of emission inspection, and inserting in lieu thereof the following:

Page 339

12-9-45. (a) In each county to which this article applies, there is required a valid certificate of emission inspection issued by an emission inspection station certified under this article for each responsible motor vehicle registered pursuant to or subject to the requirements of Chapter 2 of Title 40 in such county. A valid certificate of emission inspection is also required for each responsible motor vehicle owned by any federal agency, state agency, municipality, or other political subdivision registered pursuant to Code Section 40-2-34 or 40-2-35, whichever is applicable, and assigned for use to any federal agency, state agency, municipality, or other political subdivision located in such county and for each responsible motor vehicle which is operated 60 days or more in any calendar year on a federal installation located in whole or in part in any such county. (b) A certificate of emission inspection shall be valid for one inspection term. The owner of each responsible motor vehicle subject to subsection (a) of this Code section is required to obtain a new certificate of emission inspection on or before the date the current certificate of emission inspection expires or prior to the vehicle registration date in the year following the expiration of the certificate, as determined by the board. (c) Such certificate of emission inspection must certify that: (1) An inspection of exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide and evaporative emissions of hydrocarbons, as required by Code Section 12-9-48, has been performed; (2) The responsible motor vehicle complies, as required by Code Section 12-9-48, with applicable emission standards or emission limitations for hydrocarbons, nitrogen oxides, and carbon monoxide specified for such vehicle by the board pursuant to Code Section 12-9-46; (3) An inspection, as required by Code Section 12-9-48, of emission control equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed and that such equipment is present and has been maintained as required by Code Section 12-9-48; and (4) An inspection, as required by Code Section 12-9-48, of on-board diagnostic equipment which was required to be installed on such motor vehicle when new by the federal Clean Air Act and is required to be inspected by the board in the regulations promulgated pursuant to this article has been performed, as required by Code Section 12-9-48. (d) In any county or area not designated by the USEPA as a nonattainment area as of November 1, 1990, which is subsequently

Page 340

designated by the board as a nonattainment area subject to this article, the department shall have 12 months from the date such designation occurs to establish a program for emission inspection of responsible motor vehicles in such county or area; provided, however, that for purposes of this article, the earliest date such county or area shall be considered as having been designated as a nonattainment area shall be July 1, 1992. Notwithstanding the provisions of subsection (a) of this Code section, in such counties or areas a certificate of emission inspection shall not be required during this initial 12 month period. Following such initial 12 month period, owners of responsible motor vehicles in such counties or areas shall obtain a valid certificate of emission inspection no later than the date established by the board. (e) In each county or area subject to this article on July 1, 1992, owners of responsible motor vehicles shall obtain a valid certificate of emission inspection issued pursuant to this article not later than June 30, 1993. (f) The requirements of paragraphs (1) through (4) of subsection (c) of this Code section shall remain in effect in each county or area either during such time as such county or any part of the county continues to be designated by the USEPA pursuant to the federal Clean Air Act as a nonattainment area or during such time as the emission program for each such county is contained in the state's air quality maintenance plan. (g) Notwithstanding the other provisions of this Code section, the requirements of this article shall not apply to vehicles registered as specified in subsection (a) of this Code section where the owner of such vehicle certifies, under oath and subject to the monetary penalty provided in Code Section 16-10-71 upon conviction for false swearing therein, which certification may be made either by mail and accompanied by a photocopy of the person's military identification card or in person, that: (1) Such vehicle is so registered by a Georgia resident on active duty in the armed services of the United States then residing outside the State of Georgia; (2) At the time the provisions of this article are being or are sought to be enforced with respect to such vehicle, the owner's domicile or, if such vehicle is primarily used in connection with some established business enterprise, such established business enterprise is not located in any county wherein any responsible motor vehicle is subject to the requirements of this article; or (3) Such vehicle is or will be, during the inspection term for which the provisions of this article are being or are sought to be enforced with respect to such motor vehicle, permanently assigned or let for use to a person not domiciled or an established business enterprise not located in any county wherein any responsible motor vehicle is subject to the requirements of this article.

Page 341

(h) Vehicles that are driven less than 5,000 miles per year and are 10 years old or older will be exempted from testing provided that the owner of such vehicle is 65 years old or older. (i) Antique and collector cars and trucks 25 years old or older will be exempted from testing. The director shall provide the forms for any such certification. SECTION 5. Said article is further amended by striking in its entirety paragraph (11) of subsection (a) of Code Section 12-9-46, relating to certain powers and duties of the Board of Natural Resources, and inserting in lieu thereof the following: (11) To prescribe by rule or regulation an administrative fee to be collected by the department from each emission inspection station in a manner determined by the board by rule or regulation to cover the cost of required and adequate oversight to confirm that inspections are being done in a proper and adequate manner; provided, however, that $1.00 of each such administrative fee shall be remitted to the county for each responsible motor vehicle that is registered in that county; and SECTION 6. Said article is further amended by striking at the end of paragraph (5) of subsection (a) of Code Section 12-9-47, relating to certain powers and duties of the Board of Natural Resources, the word and; by striking at the end of paragraph (6) of subsection (a) of such Code section the symbol . and inserting in lieu thereof the symbol and word ;and; and by inserting at the end of subsection (a) of such Code section the following: (7) To prescribe by rule or regulation procedures for identifying, through the use of remote sensing technology or other means, vehicles which are producing excessive exhaust emissions at times other than their regularly scheduled inspection. The board may require that any such vehicle undergo an official emission inspection as prescribed by subsection (a) of Code Section 12-9-48, whether or not such vehicle is covered by a valid certificate of emission inspection. The board may prescribe that the owner of any such vehicle which fails to pass such inspection perform repairs and pass a reinspection in the same manner as provided by subsection (d) of Code Section 12-9-48. SECTION 7. Said article is further amended by striking in its entirety Code Section 12-9-48, relating to the requirement for certificates of emission inspections and related matters, and inserting in lieu thereof the following:

Page 342

12-9-48. (a) Each responsible motor vehicle subject to any requirement under Code Section 12-9-45 must receive a certificate of emission inspection once during any inspection term from an emission inspection station holding a valid certificate of authorization from the department. A certificate of emission inspection shall be issued for such a responsible motor vehicle if, upon inspection by a licensed mechanic inspector, the mechanic inspector determines, consistent with the terms of Code Section 12-9-45, with respect to such responsible motor vehicle: (1) That any emission control equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected by the regulations of the board promulgated pursuant to this article has been inspected and the mechanic inspector has determined that such equipment has not been rendered unserviceable by removal, alteration, lack of maintenance, or other interference with its operation unless such equipment was replaced with equivalent equipment which has been certified by the USEPA; (2) That an inspection and testing of the exhaust emissions of hydrocarbons, nitrogen oxides, and carbon monoxide from such responsible motor vehicle has been performed; (3) That an inspection and testing of evaporative emissions of hydrocarbons from such responsible motor vehicle has been performed; (4) That the exhaust emissions and evaporative emissions from the responsible motor vehicle do not exceed any applicable emission standard or emission limitation for allowable emissions of hydrocarbon, nitrogen oxides, or carbon monoxide prescribed by the board pursuant to this article; and (5) That any on-board diagnostic equipment required on such responsible motor vehicle when new by the federal Clean Air Act and required to be inspected pursuant to the regulations promulgated by the board has been inspected and the mechanic inspector has determined that such equipment meets the inspection criteria prescribed by the board. (b) Compliance with any applicable emission standards, emission limitations, standards for emission control equipment, or standards for on-board diagnostic equipment shall be determined by mechanic inspectors meeting qualifications; using methods, techniques, and equipment; under conditions; and following inspection procedures prescribed by the board pursuant to this article. (c) If the inspection discloses any violation of any applicable emission standard, emission limitation, standard of emission control equipment, or standard for on-board diagnostic equipment, then the owner shall be notified, in writing, of the air pollutant which exceeds the allowable emissions and the degree of excess or the specific emission control

Page 343

equipment or on-board diagnostic equipment which is in violation of the standard. (d) The owner shall have necessary maintenance and repairs performed on any responsible motor vehicle violating any applicable emission standard, emission limitation, standard for emission control equipment, or standard for on-board diagnostic equipment and return the responsible motor vehicle for reinspection at an emission inspection station within 30 days of the initial inspection. Such reinspection shall be at no charge to the owner. If, upon reinspection, such motor vehicle fails to meet the requirements of subsection (a) of this Code section, no certificate of emission inspection shall be issued unless the owner proves, by means of repair facility receipts or other written documents, that: (1) He or she has replaced any emission control equipment, exhaust system equipment, or on-board diagnostic equipment or part thereof which has been removed, physically damaged, or otherwise rendered inoperable; (2) He or she has spent at least $450.00 or such amount as the board establishes, consistent with the federal Clean Air Act, in the repair and maintenance of the responsible motor vehicle exhaust and evaporative, as applicable, emission control systems, on-board diagnostic equipment, or related equipment not covered by warranty since the initial inspection in the current inspection term; provided, however, that the $450.00 repair waiver authorized in this paragraph shall be increased annually by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this paragraph, the Consumer Price Index is the average of the Consumer Price Index for all urban consumers published by the Bureau of Labor Statistics of the United States Department of Labor, as of the close of the 12 month period ending the last day of August of each calendar year, and the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for 1989 shall be used; and (3) Such repairs and maintenance have produced a decrease in exhaust and evaporative emissions, as applicable, since the initial inspection. (e) The board may require each responsible motor vehicle to display an emission inspection sticker issued in conjunction with a certificate of emission inspection on the motor vehicle once it has been approved as meeting the requirements of this article. Any emission inspection sticker shall bear such information as shall be required by the director. The mechanic inspector shall remove from the vehicle being inspected any old emission inspection sticker when a new emission inspection sticker is issued.

Page 344

(f) All certificates of emission inspection shall be issued for the inspection term. (g) A new responsible motor vehicle otherwise required under Code Section 12-9-45 to have an inspection or certificate of inspection shall not be required to have either that inspection or certificate at the time of the initial retail sale or delivery of that vehicle, but the required emission inspection and certificate of inspection shall be obtained prior to the vehicle registration date in the calendar year two years after the vehicle's model year or at such other time as the board may establish by rule or regulation. (h) The board may establish methods by which the owner of a responsible motor vehicle who has lost the certificate of emission inspection required in any inspection term may have a duplicate certificate of emission inspection issued. These methods may include, but are not limited to, the following: (1) Any approved emission inspection station may issue said duplicate certification of emission inspection upon the owner's demonstrating to the mechanic inspector that the responsible motor vehicle has a current and valid inspection sticker affixed to its window; (2) The director shall issue said duplicate certification of emission inspection upon the owner's demonstrating to the director that said vehicle had been inspected previously and bears a current and valid inspection sticker; or (3) In the event a windshield bearing a valid emission inspection sticker is replaced, a new emission inspection sticker may be issued for such vehicle within 30 days after the replacement of the windshield without the necessity of reinspection if the owner of the vehicle executes an affidavit in a form furnished by the director stating that the windshield of his or her vehicle has been replaced and giving such other information as the director may require and pays to the inspection station a fee in an amount equal to the actual administrative cost of issuing such a sticker which shall be no less than the cost of the sticker plus the cost of computer access. The vehicle may be operated on the highways without an emission inspection sticker for 30 days after the replacement of the windshield if proof of the date of such replacement is carried in the vehicle. In all cases, the new emission inspection sticker or duplicate certificate of emission inspection shall be valid only for the remainder of the period for which the replaced emission inspection sticker or certificate of emission inspection was to be valid. (i) The inspection provided for in subsection (a) of this Code section shall not require any alteration of any portion of the engine or equipping of the engine with any device for the sole purpose of

Page 345

facilitating the conduct of such test during the testing periods for 1997 and 1998. SECTION 8. Said article is further amended by striking in their entirety subsections (c) and (d) of Code Section 12-9-49, relating to applications to conduct emission inspections, and inserting in lieu thereof, respectively, the following: (c) The board shall not in any manner limit the number, location, and types of authorized inspection stations certified to operate in any nonattainment area, county, or any portion of a county or area. In no event shall the board enter into any contract or into a series of contracts the effect of which will be the realization of centralized testing. (d) The director, prior to issuing a certificate of authorization, shall require proof that the applicant has either filed a bond or has obtained liability insurance in a form and amount satisfactory to the director to ensure compensation for any damage to a vehicle during an inspection or adjustment caused by negligence of the applicant or its agent. SECTION 9. Said article is further amended by striking in its entirety Code Section 12-9-50, relating to the authority to inspect, monitor, and investigate emission inspection stations, and inserting in lieu thereof the following: 12-9-50. Any duly appointed agent of the director, including without limitation any person with whom the board has contracted pursuant to paragraph (12) of subsection (a) of Code Section 12-9-46, may enter private or public property at reasonable times and upon presentation of the agent's credentials to inspect, monitor, or investigate the operation of any emission inspection station or any establishment suspected of holding itself out as being an emission inspection station to determine whether such emission inspection station or establishment is in compliance with the requirements of this article. SECTION 10. Said article is further amended by striking in its entirety Code Section 12-9-51, relating to the requirement for an emission inspection for the registration of a motor vehicle and related matters, and inserting in lieu thereof the following: 12-9-51. (a) Beginning July 1, 1992, it shall be unlawful for any county to and no county shall register any responsible motor vehicle subject to any requirement under Code Section 12-9-45 pursuant to or subject to the

Page 346

requirements of Chapter 2 of Title 40 without proof of a valid certificate of emission inspection issued pursuant to Code Section 12-9-48 indicating that such responsible motor vehicle satisfied all applicable requirements of Code Section 12-9-45 and Code Section 12-9-48. In applying for a motor vehicle registration for a responsible motor vehicle subject to any requirement under Code Section 12-9-45, the application shall be accompanied by proof of the issuance of a certificate of emission inspection issued pursuant to Code Section 12-9-48. Any county which registers any responsible motor vehicle without proof of a certificate of emission inspection shall be in violation of this article. (b) It shall be unlawful to and no person shall operate a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article. Any person who operates a responsible motor vehicle subject to any requirement under Code Section 12-9-45 on the roadways of this state without a valid registration issued in compliance with this article shall be considered to be operating an unregistered motor vehicle. (c) The board may provide for a procedure to be implemented by each county to ensure that certificates of emission inspection are not improperly reused. SECTION 11. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-9-55, relating to certain prohibited acts and related matters, and inserting in lieu thereof the following: (c) It shall be unlawful for any person to operate or permit to be operated on any highway of this state a responsible motor vehicle registered in any county subject to this article pursuant to or subject to the requirements of Chapter 2 of Title 40, which is at the time of operation required to have a certificate of emission inspection under Code Section 12-9-45, without a valid certificate of emission inspection and emission inspection sticker, if required. If the owner of any motor vehicle who has been notified of the requirement of an emission inspection pursuant to paragraph (7) of subsection (a) of Code Section 12-9-47 fails to have the vehicle inspected within 30 days after receipt of such notice, such vehicle shall be in violation of this article and any certificate of emission inspection and any emission inspection sticker previously issued for such vehicle shall be deemed invalid. For purposes of this subsection, each day of operation or permission is a separate offense. SECTION 12. Said article is further amended by striking in its entirety Code Section 12-9-57, relating to the automatic repeal of such article, and inserting in lieu thereof the following:

Page 347

12-9-57. This article shall remain of force and effect only so long as the federal Clean Air Act, 42 U.S.C. Section 7401, et seq., as amended, requires the State of Georgia to maintain and enforce the inspection plan and program provided for in this article in order to reduce the ambient air levels of ozone or carbon monoxide which exceed the levels specified by the National Ambient Air Quality Standards for such pollutants specified by the United States Environmental Protection Agency pursuant to said act. Upon the effective date of an amendment to the federal Clean Air Act which allows the State of Georgia to discontinue the maintenance and enforcement of the inspection program provided for in this article without the imposition of sanctions against the State of Georgia such as the loss of federal funds for sewage treatment plants, transportation projects, air quality improvement projects, a moratorium on development within any area of the state, or other substantial penalty, this article shall be repealed. SECTION 13. Code Section 40-2-130 of the Official Code of Georgia Annotated, relating to records of motor vehicle registration, is amended by striking the word and at the end of paragraph (6) of subsection (c); by striking the symbol . at the end of paragraph (7) of such subsection and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of such subsection the following: (8) The director of the Environmental Protection Division of the Department of Natural Resources or his or her designee. SECTION 13A. Chapter 4 of Title 40 of the Official Code of Georgia Annotated, relating to identification of and purchase and resale of motor vehicles and parts, is amended by striking Article 1, relating to identification of passenger cars and components, and inserting in lieu thereof the following: ARTICLE 1 40-4-1. As used in this article, the term: (1) `Component' means a passenger car engine or a passenger car transmission. (2) `New passenger car' means any passenger car which has never been the subject of a sale at retail to the general public. (3) `Passenger car' means every motor vehicle designed for carrying ten passengers or less except trackless trolleys or vehicles used exclusively upon streetcar rails or tracks or overhead trolley wires.

Page 348

(4) `Used passenger car' means any passenger car which has been the subject of a sale at retail to the general public. 40-4-2. (a) The provisions of this article requiring vehicle identification numbers on passenger cars and truck chassis with features designed for specialized requirements of a wrecker shall apply only to such items manufactured after January 1, 1967, and designated by the manufacturer as a 1968 or subsequent model. (b) This article shall not apply to motorcycles, motor driven cycles, school buses, farm tractors, buses, truck tractors, road tractors, trucks, trailers, semitrailers, pole trailers, streetcars, or go-carts or to any vehicle whether self-propelled or not which is not required to be issued a license plate under the laws of this state. (c) This article shall not apply to the following special purpose vehicles: Type 1. Truck chassis with body (other than station wagon or bus body) designed primarily for the transportation of persons; Type 2. Truck chassis with other features designed for a specialized requirement other than a wrecker, including but not limited to fire fighting or snowplow; Type 3. Truck chassis with station wagon body; Type 4. Passenger car chassis with body designed for the commercial transportation of persons; Type 5. Bus chassis with other features designed for a specialized requirement, including but not limited to mobile laboratory, office, post office, classroom, studio, rescue unit, or library; Type 6. Utility vehicle, being a motor vehicle with a removable top, designed for carrying passengers or cargo and with particular features for operation both on highway and cross-county. (d) This article shall not apply to the components of any vehicle excluded by subsection (b) or (c) of this Code section. 40-4-3. (a) New passenger cars and components manufactured within state. After January 1, 1997, new passenger cars, truck chassis with features designed for specialized requirements of wreckers, passenger car engines, and transmissions, as specified in this article, manufactured within this state and intended for sale to the general public within this state, shall be required to have placed upon them vehicle identification numbers and component identification numbers. The vehicle identification number shall not be the same as the vehicle identification number of any other passenger car or truck chassis manufactured by the same manufacturer.

Page 349

The component identification number shall not be the same as the component identification number for any other like component manufactured by the same manufacturer but may be the same as the vehicle identification number if the component is installed as original equipment in the passenger car or truck chassis. (b) New passenger cars sold within state. After January 1, 1997, no new passenger car or truck chassis with features designed for specialized requirements of a wrecker shall be sold to the general public in this state unless such passenger car shall bear a vehicle identification number, which shall not be the same as the vehicle identification number of any other passenger car made by the same manufacturer. (c) New components sold within state. After January 1, 1967, no new passenger car engine or passenger car transmission shall be sold to the general public in this state unless it shall bear an identification number. The component identification number shall not be the same as the identification number for any other like passenger car component made by the same manufacturer but may be the same as the vehicle identification number if the particular component has been installed as original equipment in the passenger car prior to its sale to the general public. 40-4-4. (a) The identification numbers required by Code Section 40-4-3 shall be placed upon the passenger car, truck chassis, and component parts by the manufacturer thereof. (b) The identification numbers shall be placed upon the passenger car, truck chassis, and components in such a manner that any attempt to remove, alter, deface, obliterate, or destroy them will be ascertainable. The numbers may be affixed by any suitable manufacturing process that will result in the numbers becoming a permanent part of the passenger car or component. (c) The identification numbers shall be of a height and width easily readable by the naked eye. They may consist of letters, digits, or any combination of them. (d) The identification numbers may be in accordance with recommended practices approved by the Society of Automotive Engineers as to material, lettering, manufacturing, and installation. (e) Vehicle identification numbers shall be easily accessible for inspection. 40-4-5. Truck chassis with features designed for specialized requirements of a wrecker manufactured after January 1, 1967, but before January 1, 1997, shall at the time the vehicle is first registered on or after January 1, 1997,

Page 350

pursuant to Code Section 40-2-21 be issued by the Department of Revenue a unique vehicle identification number which shall be affixed to and maintained upon the chassis by the owner in a manner consistent with the requirements of subsections (b) and (e) of Code Section 40-4-4. 40-4-6. Any person who purchases or sells or offers for sale any used passenger car, truck chassis, engine, or transmission required to be numbered by this article shall keep a permanent record of such transactions. Such record shall include: the item and its identification number or numbers; the name and address of the person from whom the item was purchased; and the name and address of the person to whom the item was sold. Such record shall be kept for three years from the date of the transaction and shall be available to all law enforcement officers for inspection at any reasonable time during business hours without prior notice or the necessity of obtaining a search warrant. 40-4-7. (a) Sale, shipment, or manufacture of unnumbered passenger car or component. Any person who sells or offers for sale in this state, ships or causes to be shipped into this state, or manufactures with the intention that it shall be sold at retail in this state a passenger car, truck chassis, passenger car engine, or passenger car transmission that does not bear an identification number or numbers as required by this article shall be guilty of a misdemeanor. (b) Failure to keep records. Any person who purchases, sells, or offers for sale any passenger car, truck chassis, passenger car engine, or passenger car transmission that is required by this article to bear an identification number when intended to be sold at wholesale or retail within this state and who willfully fails to keep the records required by Code Section 40-4-6 shall be guilty of a misdemeanor for each such failure. SECTION 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 13A of this Act shall become effective on January 1, 1997. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 351

ANIMALS LIVESTOCK DEALERS; EQUINES INCLUDED WITHIN DEFINITION OF LIVESTOCK. Code Section 4-6-1 Amended. No. 646 (House Bill No. 1310). AN ACT To amend Code Section 4-6-1 of the Official Code of Georgia Annotated, relating to definitions relating to livestock dealers, so as to redefine the term livestock; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 4-6-1 of the Official Code of Georgia Annotated, relating to definitions relating to livestock dealers, is amended by striking paragraph (4) of said Code section and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Livestock' means cattle, swine, equines, sheep, ratites, and goats of all kinds and species. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. ANIMALS GEORGIA EQUINE ACT AMENDED; VETERINARY SERVICES AT EQUINE SALES. Code Section 4-4-117 Amended. No. 647 (House Bill No. 1311). AN ACT To amend Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Equine Act, so as to change the provisions relating to veterinary services at equine sales; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 4 of Title 4 of the Official Code of Georgia Annotated, known as the Georgia Equine Act, is amended by striking Code Section 4-4-117, relating to furnishing of services of licensed veterinarian at sales,

Page 352

issuance of certificates of health of animals sold, and fees, and inserting in lieu thereof a new Code Section 4-4-117 to read as follows: 4-4-117. All licensed dealers, brokers, livestock market operators, or other individuals to whom this article is applicable shall furnish at all sales, including special sales, the services of a licensed, accredited veterinarian, who shall provide veterinary services necessary and consistent for animal health. Such veterinarian shall be paid reasonable fees for services rendered by the person on whose behalf such services are rendered. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS DEFINITION OF PROFESSION AMENDED TO INCLUDE PHARMACY. Code Section 14-7-2 Amended. No. 648 (House Bill No. 1326). AN ACT To amend Code Section 14-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to professional corporations, so as to add pharmacists to the definition of profession; to allow pharmacists to form professional corporations; 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 14-7-2 of the Official Code of Georgia Annotated, relating to definitions relative to professional corporations, is amended by striking paragraph (2) of said Code section and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Profession' means the profession of certified public accountancy, architecture, chiropractic, dentistry, professional engineering, land surveying, law, pharmacy, psychology, medicine and surgery, optometry, osteopathy, podiatry, veterinary medicine, registered professional nursing, or harbor piloting.

Page 353

SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. STATE GOVERNMENT GEORGIA GOLF HALL OF FAME; APPLICATION FOR FEDERAL TAX EXEMPT STATUS AUTHORIZED; NONPROFIT CORPORATION STATUS APPLIED TO BOARD. Code Sections 50-12-69 and 50-12-69.1 Enacted. No. 649 (House Bill No. 1327). AN ACT To amend Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, so as to authorize the Georgia Golf Hall of Fame Board to apply for federal tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986; to provide for the applicability of nonprofit corporation status to the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Golf Hall of Fame, is amended by adding at the end thereof new Code Sections 50-12-69 and 50-12-69.1 to read as follows: 50-12-69. The applicable statutes of this state, whether now or hereafter in effect, relating to the powers of nonprofit corporations and to meetings and actions of the board of directors of nonprofit corporations shall apply to the Georgia Golf Hall of Fame Board. 50-12-69.1. The Georgia Golf Hall of Fame Board shall be authorized to apply for federal tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 354

CRIMES AND OFFENSES PUBLIC INDECENCY; CERTAIN PROVISIONS CUMULATIVE. Code Section 16-6-8 Amended. No. 650 (House Bill No. 1531). AN ACT To amend Code Section 16-6-8 of the Official Code of Georgia Annotated, relating to public indecency, so as to provide that the provisions of said Code section shall be cumulative to other laws and rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-6-8 of the Official Code of Georgia Annotated, relating to public indecency, is amended by adding thereto a new subsection (d) to read as follows: (d) This Code section shall be cumulative to and shall not prohibit the enactment of any other general and local laws, rules, and regulations of state and local authorities or agencies and local ordinances prohibiting such activities which are more restrictive than this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CRIMES AND OFFENSES USE OF MACHINE GUNS, SAWED-OFF RIFLES, SAWED-OFF SHOTGUNS, OR FIREARMS EQUIPPED WITH SILENCERS DURING COMMISSION OF CERTAIN OFFENSES; PENALTIES. Code Sections 16-11-160 through 16-11-162 Enacted. No. 651 (House Bill No. 308). 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 for enhanced criminal penalties for the use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms equipped with silencers during the commission of certain offenses; to make such additional penalties mandatory; to provide for applicability; to authorize

Page 355

enactment and enforcement of consistent local laws; 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 adding at the end thereof a new Part 5 to read as follows: Part 5 16-11-160. (a) It shall be unlawful for any person to possess or to use a machine gun, sawed-off rifle, sawed-off shotgun, or a firearm equipped with a silencer, as those terms are defined in Code Section 16-11-121, during the commission or the attempted commission of any of the following offenses: (1) Aggravated assault as defined in Code Section 16-5-21; (2) Aggravated battery as defined in Code Section 16-5-24; (3) Robbery as defined in Code Section 16-8-40; (4) Armed robbery as defined in Code Section 16-8-41; (5) Murder or felony murder as defined in Code Section 16-5-1; (6) Voluntary manslaughter as defined in Code Section 16-5-2; (7) Involuntary manslaughter as defined in Code Section 16-5-3; (8) Sale, possession for sale, transportation, manufacture, offer for sale, or offer to manufacture controlled substances in violation of any provision of Article 2 of Chapter 13 of this title, the `Georgia Controlled Substances Act'; (9) Terroristic threats or acts as defined in Code Section 16-11-37; (10) Arson as defined in Code Sections 16-7-60, 16-7-61, and 16-7-62; (11) Influencing witnesses as defined in Code Section 16-10-93; and (12) Participation in criminal gang activity as defined in Code Section 16-15-4. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony, and, upon conviction thereof, shall be punished by confinement for a period of ten years, such sentence to run consecutively to any other sentence which the person has received. (c) Upon the second or subsequent conviction of a person under this Code section, the person shall be punished by life imprisonment.

Page 356

Notwithstanding any other law to the contrary, the sentence of any person which is imposed for violating this Code section a second or subsequent time shall not be suspended by a court or a probationary sentence imposed in lieu thereof. (d) The punishment prescribed for the violation of subsections (a) and (c) of this Code section shall not be probated or suspended as is provided by Code Section 17-10-7. (e) Any crime committed in violation of this Code section shall be considered a separate offense. 16-11-161. Nothing in this part shall be construed to prohibit a local governing authority from adopting and enforcing laws consistent with this part relating to gangs and gang violence. Where local laws or ordinances duplicate or supplement this part, this part shall be construed as providing alternative remedies and not as preempting the field. 16-11-162. This part shall not apply to persons who use force in defense of others as provided by Code Section 16-3-21. This part is intended to supplement not to supplant Code Section 16-11-106. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CRIMES AND OFFENSES CONTROLLED SUBSTANCES AND DANGEROUS DRUGS; LISTINGS; RECORDS; LABELING; PENALTIES. Code Title 16, Chapter 13 Amended. No. 652 (House Bill No. 342). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled substances and dangerous drugs; to require that records be maintained regarding dangerous drugs; to require labeled original containers for controlled substances and dangerous drugs; to change certain penalties; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 357

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding at the end of paragraph (3) of Code Section 16-13-25, relating to Schedule I controlled substances, the following: (YY) Aminorex;, and striking from paragraph (5) thereof the following: Gamma hydroxybutyric acid (gamma hydroxy butytrate); and, and inserting in its place the following: gamma hydroxybutyric acid (gamma hydroxy butyrate); and. SECTION 2. Said chapter is further amended by adding at the end of Code Section 16-13-27, relating to Schedule III controlled substances, the following paragraph: (7) Butorphanol. SECTION 3. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (13.1) Acyclovir; (31.1) Amiloride-hydrochloride; (120) Butorphanol; (153.8) Ceftriaxone sodium; (192.1) Cilastatin sodium; (193) Cimetidine; (270.5) Diclofenac sodium; (311.1) Disibind; (379) Etidronate disodium diphosphonate; (395) Fluoride; (395.4) Fluoxetine; (395.7) Flurbiprofen; (396) Flurometholone;

Page 358

(470.1) Indium IN III oxyquinolone; (509.15) Ketoprofen; (509.2) Labetolol sodium; (530) Loxapine; (550.5) Mefloguine HCL; (637) Naphazoline: (638) Naproxen; (651) Reserved; (668.5) Oxiconazole nitrate; (704.1) Permethrin; (841) Ritodrine; (855.7) Sertralline; (886) Spironolactone; (887) Reserved; (931.9) Terazosin HCL; (944) Reserved: (1042.1) Zomepirac sodium;. SECTION 4. Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (13.3) Acrivastine; (13.5) Acyclovir; (19.6) Alendronate; (31.1) Amiloride; (68.15) Atovaquone; (115.3) Budesonide; (115.5) Bumetanide; (116.5) Buspirone; (120) Reserved; (124.3) Calcifediol;

Page 359

(124.7) Calcipotriene; (151.5) Cefepime; (153.8) Ceftriaxone; (166.5) Chlorhexidine; (191.5) Chymopapain; (192.1) Cilastatin; (193) Cimetidine See exceptions; (201.5) Clomipramine; (234.5) Cysteamine; (237.5) Dalteparin; (270.5) Diclofenac; (311.3) Dirithromycin; (311.5) Disibind; (314.5) Divalproex; (317.3) Dornase Alpha; (317.4) Dorzolamide; (330.5) Edetate; (361.5) Ethinamate; (379) Etidronate; (381.1) Famciclovir; (381.2) Famotidine See exceptions; (381.7) Fenofibrate; (395) Fluorescein; (396) Fluoride; (396.5) Fluorometholone; (399.5) Fluoxymesterone; (402.2) Flurbiprofen; (402.8) Fluvastatin: (402.9) Fluvoxamine: (420.5) Glycine;

Page 360

(430.5) Granisetron; (432.9) Guanidine; (465) Imiglucerase; (470.1) Indium IN-III oxyquinolone; (470.3) Indium IN-III pentetreotide; (475.5) Iobenguane; (489.1) Iopromide; (489.5) Iotrolan; (491.5) Ipratropium; (509.15) Ketoprofen See exceptions; (509.2) Labetalol; (511.5) Lamotrigine; (512.5) Lansoprazole; (516.5) Levocabastine; (517.4) Levonordefrin; (528.3) Lodoxamide; (529.95) Losartan; (530) Lovastatin; (530.5) Loxapine; (550.5) Mefloguine; (567.2) Mersalyl; (572.5) Metformin; (612.5) Metrizoate; (623.5) Mometazone; (626.5) Mupirocin; (627.5) Mycophenolate; (634.5) Nalmefene; (637) Naphazoline See exceptions; (638) Naproxen See exceptions; (638.7) Nefazodone;

Page 361

(644.7) Nisoldipine; (651) Norepinephrine; (666.6) Oxamniquine; (668.5) Oxiconazole; (692.5) Pegaspargase; (701.5) Pentetate calcium trisodium; (704) Perindopril; (704.1) Permethrin See exceptions; (841) Reserved; (842.4) Rimantadine; (842.7) Rimexolone; (843.3) Risperidone; (843.7) Ritodrine; (844.5) Rocuronium; (850.5) Salmeterol; (855.7) Sertraline; (855.8) Sevoflurane; (886) Spirapril; (887) Spironolactone; (890.5) Stavudine; (930.7) Tacrolimus; (931.9) Terazosin; (944) Thallous chloride; (967.3) Tioconazole; (973.7) Tramadol; (995.5) Trimetrexate; (1021.7) Valacyclovir; (1027.6) Venlafaxine; (1032.5) Vinorelbine;.

Page 362

SECTION 5. Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (18) Pheniramine where the oral dose is 25 mg. or less;, and adding in the appropriate positions in that subsection (c) the following paragraphs: (7.1) Cimetidine when a single dosage unit is 100 mg or less; (9.5) Famotidine when a single dosage unit is 10 mg or less; (12.5) Ketoprofen when a single dosage unit is 12.5 mg or less; (14.3) Naphazoline when used in an ophthalmic solution in a concentration of 0.027 percent or less in combination with a pheniramine concentration of 0.315 percent or less; (14.5) Naproxen where a single dosage unit is 220 mg. or less; (17.3) Permethrin when used as a topical preparation in a strength of 1 percent or less; (18) Pheniramine when the oral dose is 25 mg. or less, or when used in an ophthalmic solution in a concentration of 0.315 percent or less in combination with a naphazoline concentration of 0.027 percent or less;. SECTION 6. Said chapter is further amended by striking the period and inserting ; and at the end of paragraph (5) of Code Section 16-13-72, relating to conditions for certain transactions in dangerous drugs, and inserting immediately thereafter a new paragraph to read as follows: (6) Such person, firm, corporation, or association shall keep a complete and accurate record of all dangerous drugs received, purchased, manufactured, sold, dispensed, or otherwise disposed of and shall maintain such records for at least two years or in conformance with any other state or federal law or rule issued by the Georgia State Board of Pharmacy. SECTION 7. Said chapter is further amended by striking Code Section 16-13-75, requiring drugs to be kept in original containers, and inserting in its place the following: 16-13-75. Possession and control of controlled substances or dangerous drugs by anyone other than the individuals specified in Code Sections 16-13-35 or

Page 363

16-13-72 shall be legal only if such drugs are in the original container in which they were dispensed by the pharmacist or the practitioner of the healing arts and are labeled according to Code Section 26-3-8. SECTION 8. Said chapter is further amended by striking Code Section 16-13-79, relating to violations, and inserting in its place the following: 16-13-79. (a) Except as provided in subsections (b), (c), and (d) of this Code section, any person who violates this article shall be guilty of a misdemeanor. (b) Any person who distributes or possesses with the intent to distribute nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. (c) Any person who distributes or possesses with the intent to distribute to any person under 18 years of age nitrous oxide for any use other than for a medical treatment prescribed by the order of a licensed medical practitioner, except as provided for by paragraph (16) of subsection (c) of Code Section 16-13-71, shall be guilty of a felony and upon conviction thereof shall be punished for not less than two years nor more than six years or by a fine not to exceed $10,000.00 or both. (d) Any person who obtains carisoprodol by fraud, theft, deceit, misrepresentation, subterfuge, forgery or alteration of a prescription or written order, concealment of a material fact, or the use of a false name shall be guilty of a felony and punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 364

PUBLIC OFFICERS AND EMPLOYEES CORONERS, DEPUTY CORONERS, MEDICAL EXAMINERS' INVESTIGATORS; PRONOUNCEMENT OF DEATH UNDER CERTAIN CIRCUMSTANCES. Code Section 45-16-25 Amended. No. 653 (House Bill No. 508). AN ACT To amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the Georgia Death Investigation Act, so as to provide for pronouncements of death under certain circumstances by persons other than physicians and nurses; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, the Georgia Death Investigation Act, is amended by striking subsection (a) of Code Section 45-16-25, relating to duties of the coroner when notified of a death, in its entirety and inserting in its place the following: (a)(1) Upon receipt of the notice required by Code Section 45-16-24, the coroner or county medical examiner shall immediately take charge of the body. If a registered professional nurse authorized to make a pronouncement of death under Code Section 31-10-16 or a qualified physician is not available, a coroner, deputy coroner, or medical examiner's investigator may make a pronouncement of death at the investigation scene if, and only if, one or more of the following conditions is met: (A) The body is in a state of rigor mortis with lividity present; (B) The body is in a state of decomposition evidenced by a component of putrefaction; (C) The body is skeletonized; or (D) Death has been established by qualified emergency medical services personnel. (2) It shall be the duty of a coroner notified as required by Code Section 45-16-24 to summon a medical examiner and proper peace officer. It shall be the duty of a county medical examiner so notified to summon a proper peace officer. When present at the scene of death, the peace officer shall have jurisdiction over the scene of death. The medical examiner or coroner and the peace officer shall together

Page 365

make inquiries regarding the cause, manner, and circumstances of death. If either the peace officer or medical examiner is not present at the scene of death, then whichever of the two officers is present shall have jurisdiction over the scene of death. If neither the peace officer nor the medical examiner is present at the scene of death in any county in which the office of coroner has not been replaced by a county medical examiner, the coroner shall assume the responsibility of such officers at the scene of death and shall have the body transported to a local medical examiner who shall conduct a medical examiner's inquiry. The medical examiner, at any time when he deems it necessary, may have the body embalmed for preservation or to avoid the threat of infectious disease prior to release of the body to the next of kin. Such expense of embalming shall be paid by the county of the coroner's or medical examiner's jurisdiction. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. COURTS MAGISTRATE COURT; DISCOVERY IN CERTAIN DISPOSSESSORY OR DISTRESS WARRANT PROCEEDINGS. Code Section 15-10-50 Amended. No. 654 (House Bill No. 580). AN ACT To amend Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, so as to provide that in dispossessory proceedings and distress warrant proceedings when the judgment exceeds a specified amount the judgment creditor may utilize certain discovery procedures under the Civil Practice Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-10-50 of the Official Code of Georgia Annotated, relating to propounding of interrogatories to a judgment debtor in magistrate court proceedings, is amended by adding a new subsection (g) to read as follows: (g) Notwithstanding the provisions of Code Section 15-10-42, in any case involving writs and judgments in dispossessory or distress warrant proceedings under paragraph (6) of Code Section 15-10-2 in which the

Page 366

judgment exceeds the amount of $5,000.00, the judgment creditor or a successor in interest when that interest appears of record may, in addition to any other process or remedy provided by law, utilize the discovery provisions set forth in Code Section 9-11-69. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR ABSENCE DUE TO PREGNANCY; QUALIFICATIONS; PAYMENTS. Code Section 47-3-90 Amended. No. 655 (House Bill No. 588). AN ACT To amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, is amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-3-90 to read as follows: 47-3-90. (a) A member who, prior to March 5, 1976, was employed by a public school system of this state in a capacity specified by subsection (a) of Code Section 20-2-850 may, subject to the limitations of subsection (b) and the requirements of subsection (c) of this Code section, obtain creditable service under the retirement system for any period prior to March 5, 1976, during which the member was absent from employment because of her pregnancy. (b) No creditable service shall be granted for any part of a period of absence from employment because of pregnancy when the member was

Page 367

on sick leave. The maximum amount of creditable service which may be obtained by a member for any one pregnancy shall be one and one-half months and the maximum amount of creditable service which may be obtained by a member for all pregnancies shall be six months. (c) A member who desires to establish creditable service under this Code section must: (1) Submit to the board satisfactory evidence of the period of absence from employment which qualifies for creditable service under this Code section; and (2) Pay to the board employee and employer contributions for the period of creditable service claimed by the member based on the salary of the member immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually from the time of the absence because of pregnancy until the date of payment. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS MILITARY SERVICE CREDIT. Code Sections 47-1-60 through 47-1-62 Enacted. No. 656 (House Bill No. 590). AN ACT To amend Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that veterans returning to public employment from certain military service shall be entitled to establish service creditable toward retirement for such military service; to define certain terms; to provide for employee contributions; to provide for employer contributions; to provide for retirement systems of funds which do not require employer contributions; to provide for matters relative to the foregoing; to provide conditions

Page 368

for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by inserting at the end thereof the following: ARTICLE 5 47-1-60. As used in this article, the term: (1) `Creditable service' means service with a public retirement system or fund used in the same manner as actual service in the computation of all rights and benefits. (2) `Public retirement system or fund' means a public retirement system or fund created by this title. (3) `Qualified returning veteran' or `returning veteran' means a member of a public retirement system or fund whose employment which qualified him or her for such membership was interrupted by a period of qualified service and who returns to such employment in a manner sufficient to protect his or her reemployment rights as prescribed by Public Law 103-353, the federal Uniformed Services Employment and Reemployment Rights Act. (4) `Qualified service' means voluntary or involuntary service with one of the uniformed services, including active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, and any period during which a member is absent from employment for the purpose of an examination to determine his or her fitness to perform such duty. (5) `Uniformed services' means the United States Army, Army Reserve, Army National Guard, Navy, Navy Reserve, Marine Corps, Air Force, Air Force Reserve, Air National Guard, Coast Guard, the commissioned corps of the Public Health Service, and any other category of persons designated by the President of the United States in time of war or emergency. 47-1-61. Any qualified returning veteran shall be eligible to establish creditable service with his or her retirement system or fund for not more than five years of qualified service by complying with the provisions of this article; provided, however, that such five-year period shall be extended by any period of mandatory service imposed by the uniformed service recognized

Page 369

by paragraph (4) of subsection (C) of Section 4312 of federal Public Law 103-353, the Uniformed Service Employment and Reemployment Rights Act of 1994. 47-1-62. (a) Any qualified returning veteran desiring to establish creditable service for a period of qualified service shall so notify the board of trustees of the public retirement system or fund not later than six months from the date he or she resumes employment. The board of trustees shall calculate the amount of employee or member contribution which the returning veteran would have paid if he or she had been a member of the system or fund during the period of qualified service. If such contribution is based on the member's salary, the returning veteran's salary shall be deemed to be the rate the member would have received but for the period of qualified service or, if determination of such rate is not reasonably certain, the member's average rate of compensation during the 12 month period immediately preceding the period of qualified service or such lesser time as the member was employed. The returning veteran shall repay the amount so calculated as his or her employee or member contribution, which payment must be completed not later than three times the length of qualified service or five years, whichever period is shorter, computed from the date the returning veteran resumes employment. The board of trustees of any public retirement system may provide by rule for computing the amount of creditable service on payment of less than the total amount of employee contributions. (b)(1) At the time a qualified returning veteran applies for creditable service as provided in Code Section 47-1-61, the board of trustees of the public retirement system or fund shall compute the actuarial value of the creditable service to be granted. (2) The board of trustees of a retirement system or fund which requires employer contributions shall notify the employer of the returning veteran of the actuarial value, less the amount of employee contribution. The employer shall pay such amount to the retirement system over the same period of time allowed for the returning veteran to pay the employee contributions; provided, however, that an employer shall not be required to make any payment until the fiscal year following the year such notice is given. (3) If the actuary employed by a retirement system or fund created by this title which does not require an employer contribution certifies that the system or fund cannot provide the creditable service requested by one or more returning veterans and retain its actuarial soundness, no discretionary benefit increases shall be granted, and the board of trustees of such system or fund shall notify the Governor and chairpersons of the Senate and House Committees on Retirement,

Page 370

providing a full explanation of the amount of funds necessary to return the system or fund to actuarial soundness. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CRIMES AND OFFENSES DESTROYING OR INJURING POLICE DOG; ACCELERANT DETECTION DOG INCLUDED. Code Section 16-11-107 Amended. No. 657 (House Bill No. 655). AN ACT To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, so as to change the definition of the offense of destroying or injuring a police dog; to make it unlawful to knowingly and intentionally destroy or cause serious or debilitating physical injury to an accelerant detection dog; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions concerning offenses involving dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-107, relating to the offense of destroying or injuring a police dog, and inserting in lieu thereof a new Code Section 16-11-107 to read as follows: 16-11-107. (a) As used in this Code section, the term: (1) `Accelerant detection dog' means a dog trained to detect hydrocarbon substances.

Page 371

(2) `Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (3) `Firearms detection dog' means a dog trained to locate firearms by scent. (4) `Narcotic detection dog' means a dog trained to locate narcotics by scent. (5) `Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (6) `Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (7) `Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. (8) `Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or debilitating physical injury to a police dog, knowing said dog to be a police dog, 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 a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog for humane purposes. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. CRIMES AND OFFENSES FINANCIAL TRANSACTION CARD ACCOUNT NUMBERS; FRAUDULENT USE; VENUE. Code Sections 16-9-30 and 16-9-33 Amended. No. 658 (House Bill No. 656). AN ACT To amend Code Section 16-9-30 of the Official Code of Georgia Annotated, relating to definitions of certain terms concerning illegal use of financial transaction cards, so as to define the term financial transaction card account number; to amend Code Section 16-9-33, relating to financial transaction card fraud, so as to prohibit fraudulent use of financial

Page 372

transaction card account numbers; to provide for venue for prosecution of financial transaction card fraud; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-9-30 of the Official Code of Georgia Annotated, relating to definitions of certain terms concerning illegal use of financial transaction cards, is amended by inserting between paragraphs (5) and (6) a new paragraph (5.1) to read as follows: (5.1) `Financial transaction card account number' means a number, numerical code, alphabetical code, or alphanumeric code assigned by the issuer to a particular financial transaction card and which identifies the cardholder's account with the issuer. SECTION 2. Code Section 16-9-33 of the Official Code of Georgia Annotated, relating to financial transaction card fraud, is amended by striking in their entirety paragraphs (1) and (2) of subsection (a) and inserting in their place new paragraphs (1) and (2) to read as follows: (1) Uses for the purpose of obtaining money, goods, services, or anything else of value: (A) A financial transaction card obtained or retained or which was received with knowledge that it was obtained or retained in violation of Code Section 16-9-31 or 16-9-32; (B) A financial transaction card which he or she knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section; or (C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section; (2) Obtains money, goods, services, or anything else of value by: (A) Representing without the consent of the cardholder that he or she is the holder of a specified card; (B) Presenting the financial transaction card without the authorization or permission of the cardholder; (C) Falsely representing that he or she is the holder of a card and such card has not in fact been issued; or

Page 373

(D) Giving, orally or in writing, a financial transaction card account number to the provider of the money, goods, services, or other thing of value for billing purposes without the authorization or permission of the cardholder for such use; SECTION 3. Code Section 16-9-33 is further amended by striking in its entirety subsection (g) and inserting in its place a new subsection (g) to read as follows: (g) In any prosecution for violation of this Code section, the state is not required to establish that all of the acts constituting the crime occurred in this state or within one city, county, or local jurisdiction, and it is no defense that some of the acts constituting the crime did not occur in this state or within one city, county, or local jurisdiction. Except as otherwise provided by Code Section 17-2-2, for purposes of venue the crime defined by this Code section shall be considered as having been committed in the county where the commission of the crime commenced. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. DOMESTIC RELATIONS MARRIAGE LICENSES; USE OF SURNAME FROM A PREVIOUS MARRIAGE. Code Section 19-3-33.1 Amended. No. 659 (House Bill No. 695). AN ACT To amend Code Section 19-3-33.1 of the Official Code of Georgia Annotated, relating to the surname used in application for a marriage license, so as to provide that the surname from a previous marriage may continue to be used as the legal surname after a subsequent marriage; 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 19-3-33.1 of the Official Code of Georgia Annotated, relating to the surname used in application for a marriage license, is amended by striking said Code section in its entirety and inserting in lieu thereof the following:

Page 374

19-3-33.1. (a) The form for application for marriage licenses shall be designed and printed in such a manner that applicants therefor shall designate the surnames which will be used as their legal surnames after the marriage is consummated. The legal surnames shall be designated as provided in subsection (b) of this Code section. (b) A spouse may use as a legal surname his or her: (1) Given surname or, in the event the given surname has been changed as provided in Chapter 12 of this title, the surname so changed; (2) Surname from a previous marriage; (3) Spouse's surname; or (4) Surname as provided in paragraph (1) or (2) of this subsection in conjunction with the surname of the other spouse. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS TRIAL JUDGES AND SOLICITORS RETIREMENT FUND; SPOUSES BENEFITS; PERIOD FOR CONTRIBUTIONS. Code Section 47-10-65 Amended. No. 660 (House Bill No. 743). AN ACT To amend Code Section 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors Retirement Fund, so as to change the number of years a member must make contributions for spouses' benefits; 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 47-10-65 of the Official Code of Georgia Annotated, relating to contributions for spouses' benefits under the Trial Judges and Solicitors

Page 375

Retirement Fund, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: (e) When a member elects to obtain spouses' benefits as provided in this Code section and such member attains 16 years of creditable service for regular retirement pursuant to subsection (b) of Code Section 47-10-100, such member shall continue to make the employee contributions required for spouses' benefits until such member attains 16 years of creditable service for the purpose of spouses' benefits. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS SHERIFFS' RETIREMENT FUND OF GEORGIA; RETIREMENT BENEFIT OPTION; MONTHLY BENEFIT INCREASED. Code Section 47-16-101 Amended. No. 661 (House Bill No. 773). AN ACT To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in the Sheriffs' Retirement Fund of Georgia, so as to increase the monthly benefit; to provide 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 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options in 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

Page 376

member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $276.00 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 $276.00 per month, plus $69.00 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 $2,070.00 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. 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. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 377

RETIREMENT AND PENSIONS TRIAL JUDGES AND SOLICITORS RETIREMENT FUND; INFERIOR COURTS DEFINED TO INCLUDE STATE COURT OF RICHMOND COUNTY. Code Section 47-10-3 Amended. No. 662 (House Bill No. 782). AN ACT To amend Code Section 47-10-3 of the Official Code of Georgia Annotated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, so as to delete a reference to the State Court of Richmond County; 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 47-10-3 of the Official Code of Georgia Annotated, relating to definitions relating to the Trial Judges and Solicitors Retirement Fund, is amended by striking paragraph (6) and inserting in lieu thereof a new paragraph (6) to read as follows: (6) `Inferior courts' means courts which have certain concurrent jurisdiction with the superior courts, which are empowered to conduct trials by jury and try state offenses, and which have presiding judges and solicitors, but shall not include the State Court of Fulton County, probate courts, magistrate courts, municipal courts, and any courts, by whatever name called, which were created by or are operated under the provisions of city charters. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 378

EDUCATION INDEPENDENT SCHOOL SYSTEMS AND BOARDS OF EDUCATION INCLUDED WITHIN MEANINGS OF CERTAIN TERMS. Code Section 20-1-8 Enacted. No. 663 (House Bill No. 807). AN ACT To amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, so as to provide that the terms county school system and county board of education shall include any independent school system and the board of education of any independent school system; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to education, is amended by adding at the end thereof a new Code Section 20-1-8 to read as follows: 20-1-8. Except as may otherwise be specifically provided, as used in this title, the term `local school system' shall refer to both any county school system and any independent school system which may be in existence in a county. The terms `local boards of education' and `county boards of education' shall refer to both any county board of education and the board of education of any independent school system which may be in existence in a county. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; SERVICE CREDIT; REESTABLISHMENT. Code Section 47-2-94 Amended. No. 664 (House Bill No. 852). AN ACT To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the

Page 379

Employees' Retirement System of Georgia, so as to change the method of reestablishing service credit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable for retirement benefits under the Employees' Retirement System of Georgia, is amended by striking in its entirety Code Section 47-2-94, relating to the reestablishment of service credit by certain persons, and inserting in lieu thereof the following: 47-2-94. Any current member whose membership has previously been terminated because that member rendered less than one year of service in a period of five consecutive years and who has never withdrawn the contributions he or she made during such previous membership shall receive credit, after one year of active service as a contributing member, for the creditable service accumulated under the previous membership.. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. RETIREMENT AND PENSIONS JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; OFFICE OF SECRETARY-TREASURER; RETIREMENT BENEFITS FOR SUCH OFFICER INCREASED. Code Section 47-11-21 Amended. No. 665 (House Bill No. 896). AN ACT To amend Code Section 47-11-21 of the Official Code of Georgia Annotated, relating to the creation of the office of secretary-treasurer of the

Page 380

Judges of the Probate Courts Retirement Fund of Georgia, so as to increase the retirement benefits of such officer under such system; 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 47-11-21 of the Official Code of Georgia Annotated, relating to the creation of the office of secretary-treasurer of 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) Notwithstanding any other provisions of this chapter to the contrary, in addition to such salary, the secretary-treasurer shall receive credit for a sum of: (1) Six hundred dollars per annum for time served after March 21, 1958, until July 1, 1979; (2) Seven hundred fifty dollars per annum for time served after July 1, 1979, through December 31, 1992; and (3) One thousand two hundred fifty dollars for time served in any calendar year after 1992 as dues in the retirement system. (b.1) The secretary-treasurer shall be paid retirement benefits upon retiring as secretary-treasurer as provided in Article 5 of this chapter for a judge of the probate court retiring with the highest benefit allowed by such article and shall be entitled to any retirement option allowed by such article. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 381

RETIREMENT AND PENSIONS PEACE OFFICERS' ANNUITY AND BENEFIT FUND; MEMBERSHIP FOR CERTAIN INVESTIGATORS AUTHORIZED. Code Sections 47-17-1 and 43-1-5 Amended. No. 666 (House Bill No. 958). AN ACT To amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, so as to authorize membership in such fund for certain persons; to amend Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards, so as to provide that such investigators shall be eligible for membership in the Peace Officers' Annuity and Benefit Fund; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subparagraph (I) of paragraph (5) and inserting in lieu thereof the following: (I) Persons in the categories listed below who are required, as a condition necessary to carry out their duties, to be certified as peace officers pursuant to the provisions of Chapter 8 of Title 35, known as the `Georgia Peace Officer Standards and Training Act': (i) Persons employed by the Department of Children and Youth Services who have been designated by the commissioner of children and youth services to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; (ii) Narcotics agents retained by the director of the Georgia Bureau of Investigation pursuant to the provisions of Code Section 35-3-9; (iii) Investigators employed by the Secretary of State as securities investigators pursuant to the provisions of Code Section 10-5-10; and (iv) Investigators employed by the Secretary of State as investigators for the state examining boards pursuant to the provisions of Code Section 43-1-5;.

Page 382

SECTION 2. Code Section 43-1-5 of the Official Code of Georgia Annotated, relating to investigators for state examining boards, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) Any person designated as an investigator within the meaning of this Code section shall be considered to be a peace officer. SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. COURTS DISTRICT ATTORNEYS; REIMBURSEMENT OF TRAVEL EXPENSES; ADVANCE TRAVEL FUNDS; REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY COUNTIES; REIMBURSEMENT OF CERTAIN EXPENSES BY COUNTIES; BUDGETING; DISTRICT ATTORNEY INVESTIGATORS; CHIEF ASSISTANT DISTRICT ATTORNEYS; DISABLEMENT OF OR ACCUSATION OF CRIMINAL CONDUCT BY DISTRICT ATTORNEYS. Code Title 15, Chapter 18, Article 1 Amended. No. 667 (House Bill No. 966). AN ACT To amend Article 1 of Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, so as to provide for changes in the payment and procedures for reimbursement of travel expenses for district attorneys and certain state paid personnel; to provide for reimbursement by the Prosecuting Attorneys' Council of Georgia; to provide for certain restrictions; to provide for advance travel funds; to provide for reimbursement of certain expenses incurred by counties; to provide for budgeting; to provide for reimbursement of certain expenses by counties; to provide for rules and regulations; to provide for district attorney investigators; to provide under what circumstances the chief assistant district attorney may assume the duties of the district attorney; to provide for procedures for judicial determination

Page 383

that a district attorney is disabled to the extent that he or she cannot perform the essential duties of the office; to provide for the procedures which apply if a district attorney or a member of the staff of the district attorney is accused of criminal conduct; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions for district attorneys, is amended by striking in its entirety Code Section 15-18-12, relating to reimbursement of travel expenses for district attorneys and assistant district attorneys, and inserting in lieu thereof the following: 15-18-12. (a) The district attorney and any personnel compensated by the state pursuant to the provisions of this chapter shall be entitled to receive, in addition to such other compensation as may be provided by law, reimbursement for actual expenses incurred in the performance of their official duties from the Prosecuting Attorneys' Council of Georgia in accordance with the rules and regulations issued pursuant to Code Section 45-7-28.1 and such supplemental rules as may be adopted by the council. (b) Nothing in this Code section shall permit reimbursement of expenses or payment of a per diem allowance to any person designated by subsection (a) of this Code section for travel between such person's residence and the courthouse or other office designated in writing by the district attorney as such person's place of employment or any office of the district attorney located in the county in which such person resides. (c) The Prosecuting Attorneys' Council of Georgia shall be authorized to provide advance travel funds to persons designated by subsection (a) of this Code section as provided by Code Sections 45-7-25 through 45-7-28. (d) The governing authority of the county or counties comprising the judicial circuit may provide a person designated by subsection (a) of this Code section with a county vehicle and vehicle expenses, in which event the Prosecuting Attorneys' Council of Georgia may reimburse the county for the actual mileage driven at the same rate as is authorized by rules and regulations issued pursuant to Code Section 45-7-28.1, subject to the budget established for the judicial circuit. (e)(1) Subject to the provisions of paragraphs (3) and (4) of this subsection, expenses paid by the Prosecuting Attorneys' Council of

Page 384

Georgia pursuant to this Code section shall be paid out of such funds as may be appropriated by the General Assembly. (2) On or before June 1 of each year, the council shall establish and furnish to each district attorney and the state auditor the travel budget for each judicial circuit based on the amount appropriated by the General Assembly for such purpose. (3) In determining the travel budget for each judicial circuit, the council shall consider the budget request submitted by the district attorney of each judicial circuit, the geographic size and the caseload of each circuit, and such other facts as may be relevant. The council is authorized to establish a contingency reserve of not more than 3 percent of the total amount appropriated by the General Assembly in order to meet any expenses which could not be reasonably anticipated. The council shall submit to each district attorney, the state auditor, and the legislative budget analyst a monthly report showing the budget amount of expenditures made under the travel budget. The council may periodically review and adjust said budget as may be necessary to carry out the purposes of this Code section. (4) No person designated by subsection (a) of this Code section shall be reimbursed from state funds for any expenses for which such person has been reimbursed from funds other than state funds; provided, however, that the governing authority of the county or counties comprising the judicial circuit are authorized to provide travel advances or to reimburse such expenses which may be incurred by such person in the performance of his or her official duties to the extent such expenses are not reimbursed by the state as provided in this Code section. (f) The Prosecuting Attorneys' Council of Georgia shall prepare and submit a proposed budget for state funds necessary to provide reimbursement of expenses as provided in this Code section in accordance with the provisions of Code Section 45-12-78. The budget request shall be based on the previous year's expenditures and budget requests submitted by each district attorney. SECTION 2. Said article is further amended by striking in its entirety Code Section 15-18-14.1, relating to district attorney investigators, and inserting in its place a new Code Section 15-18-14.1 to read as follows: 15-18-14.1. (a) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint one investigator to assist the district attorney in the performance of his or her official duties in the preparation of cases for indictment or trial.

Page 385

(b) An investigator appointed pursuant to this Code section shall be not less than 21 years of age, meet the qualifications specified by subsection (c) of Code Section 15-18-21, and shall serve at the pleasure of the district attorney. (c) No person appointed pursuant to this Code section shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law. An investigator appointed pursuant to this Code section shall: (1) Serve as a liaison between the district attorney's office and the sheriffs' and other law enforcement agencies within the judicial circuit; (2) Assist victims and witnesses of crimes through the complexities of the criminal justice system and ensure that victims of crime are apprised of the rights afforded them under Chapter 14 of Title 17, relating to restitution to victims of crime, and Code Section 24-9-61.1, relating to the presence of crime victims in the courtroom; (3) Assist the attorneys within the district attorney's office in the preparation of cases for preliminary hearings, presentation to a grand jury, pretrial hearings, and trial; (4) Assist the sheriffs and other peace officers within the judicial circuit in the application for warrants and the preparation of case reports which are required by law or which are necessary for the prosecution of the case; (5) Provide such other assistance to the sheriffs and other peace officers as may be authorized by law or which may be mutually agreed on between the district attorney and the sheriff or head of the law enforcement agency or agencies involved; and (6) Perform such other duties as are required by the district attorney. (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established by the Department of Administrative Services as follows: (1) The salary range for the investigator appointed pursuant to this Code section shall be not less than $19,500.00 nor more than 70 percent of the compensation of the district attorney from state funds; and (2) The salary schedule shall be similar to the general pay schedule established by the State Merit System of Personnel Administration and shall provide for a minimum entry step and such additional steps, not to exceed 5 percent between each step, as will approach the maximum allowable salary. In establishing the salary schedule, all amounts shall

Page 386

be rounded off to the nearest whole dollar. The Department of Administrative Services shall revise the salary schedules provided for in this subsection and the entry level salary established by paragraph (1) of this subsection to include cost-of-living increases which may be granted from time to time to members of the classified service of the State Merit System of Personnel Administration. (e) All personnel actions involving personnel appointed pursuant to this Code section shall be in writing by the district attorney in accordance with the provisions of subsection (l) of this Code section. (f) A district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (g) All salary advancements shall be based on quality of work and performance. The salary of personnel appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum of the salary schedule. (h) Any reduction in salary shall be made in accordance with the salary schedule provided for in subsection (d) of this Code section. (i) The county or counties comprising a judicial circuit may supplement the salary of any district attorney investigator appointed pursuant to this Code section. (j) Personnel appointed pursuant to this Code section shall be reimbursed for actual expenses incurred in the performance of their official duties in accordance with the provisions of Code Section 15-18-12. (k) The Prosecuting Attorney's Council of Georgia shall adopt and amend policies, rules, and regulations establishing records and procedures concerning personnel actions as may be necessary to carry out the intent of this Code section. (l) The salaries provided for in this Code section shall be paid from funds appropriated or available for the operation of the superior courts in the same manner as is provided by law for assistant district attorneys. (m) In the event that the general appropriations Act does not contain appropriations sufficient to fund all of the positions authorized by subsection (a) of this Code section, the Prosecuting Attorneys' Council of Georgia shall allocate such positions among the several district attorneys' offices in such a manner as will further the intent of this Code section and provide an investigator to the maximum number of judicial circuits. SECTION 3. Said article is further amended by striking Code Section 15-18-15, relating to chief assistant district attorneys, in its entirety and inserting in lieu thereof the following:

Page 387

15-18-15. (a) The district attorney may designate in writing an assistant district attorney as the chief assistant district attorney. In addition to such assistant district attorney's other duties, the chief assistant district attorney shall have such administrative and supervisory duties as may be assigned by the district attorney. (b)(1) If the district attorney is unable to perform the duties of the office because of physical or mental disability, the chief assistant district attorney shall have the same power, duties, and responsibilities as the district attorney. Said authority shall terminate upon the incumbent district attorney resuming the duties of said office. Any question of fact concerning the disability of a district attorney shall be presented by either the chief assistant district attorney or the district attorney and shall be determined by the superior court sitting without a jury in a manner and under a procedure which is analogous to that provided by rule of the Supreme Court adopted pursuant to Article V, Section IV, Paragraph II of the Constitution of Georgia for elected constitutional executive officers. (2) If the district attorney will be temporarily absent from the judicial circuit such that he or she is not available to perform the duties of his or her office, the district attorney may authorize, in writing, the chief assistant district attorney to exercise any of the powers, duties, and responsibilities of the district attorney during such absence, including but not limited to such powers and duties as the district attorney may have pursuant to this title, Code Section 16-11-64, and Code Section 24-9-28 and the laws of this state relating to the validation of bonds. (3) If the district attorney shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, or disability as provided in paragraph (1) of this subsection, the chief assistant district attorney shall be designated acting district attorney. If no chief assistant has been designated pursuant to subsection (a) of this Code section, the district attorney shall designate a chief assistant district attorney pursuant to subsection (a) of this Code section prior to entering ordered military service. Should the district attorney fail to designate a chief assistant district attorney prior to entering ordered military duty, the assistant district attorney senior in time of service shall be designated the acting district attorney. The designation of an acting district attorney shall terminate upon the district attorney's release from ordered military duty or the district attorney resuming the duties of said office as provided in paragraph (1) of this subsection. (4) An acting district attorney, upon assuming the office as provided in paragraph (1) or (3) of this subsection, shall be compensated at the same rate as is authorized by general or local law for the district

Page 388

attorney. The acting district attorney shall retain such other benefits and emoluments as an assistant district attorney, including, but not limited to, membership in the Employees' Retirement System of Georgia and coverage under the State Employees Health Benefit Plan. (5) The acting district attorney shall be authorized to appoint an additional assistant district attorney who shall be compensated in the same manner and from the same source or sources as the acting district attorney was compensated prior to being designated acting district attorney. Said appointment shall be temporary and shall terminate upon the district attorney resuming the duties of his or her office. (c) In addition to any other compensation which the chief assistant district attorney may receive from state or county funds, the district attorney may authorize the chief assistant district attorney to be paid an amount not to exceed $1,200.00 per annum. Said amount shall be paid in equal monthly installments from state funds appropriated or available for the operation of the superior courts. SECTION 4. Said article is further amended by striking Code Section 15-18-27, relating to appointment of attorney by court on accusation or presentment against a district attorney, in its entirety and inserting in lieu thereof the following: 15-18-27. (a) When any person makes an affidavit before a judge of the superior court which alleges that the district attorney or a member of the staff of the district attorney has committed an indictable offense and the court finds that there is probable cause to believe that the accused has committed the alleged offense or the grand jury files a sealed report with the presiding judge that the grand jury has found reasonable grounds to believe that the district attorney or a member of the staff of the district attorney has committed such an offense and intends to proceed as provided in Code Sections 45-11-4 and 45-15-11, it shall be the duty of the court to appoint a substitute as provided in Code Section 15-18-5. (b) If a true bill is found, the case shall proceed as other criminal cases and upon conviction shall proceed as provided by Code Section 45-5-6.1. SECTION 5. For the fiscal year beginning July 1, 1996, the Department of Administrative Services is authorized and directed to transfer to the Prosecuting Attorneys' Council of Georgia sufficient funds to enable the council to carry out its duties under Section 1 of this Act.

Page 389

SECTION 6. This section and Sections 3 and 4 of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. Sections 1 and 2 of this Act shall become effective July 1, 1996; provided, however, that for the purpose of completing ministerial actions required by the provisions of Sections 1 and 2 of this Act, Sections 1 and 2 shall become effective upon approval of this Act 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 1, 1996. RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; REINSTATEMENT WITHOUT PAYMENT OF FEE AFTER BREAK IN SERVICE; PERIOD OF SERVICE REQUIRED. Code Section 47-3-60 Amended. No. 668 (House Bill No. 977). AN ACT To amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, so as to reduce the number of years that a member of such retirement system must serve after a break in service to be eligible for reinstatement without the payment of a reinstatement fee; to provide conditions for effectiveness and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to eligibility for membership in the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (e.1) and inserting in lieu thereof the following: (e.1) A member who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than four years but not more than five years may be reinstated to membership if the member pays a sum equal to 12 1/2 percent of the member's salary

Page 390

for the last year of service prior to the break in service. A member who has not withdrawn the member's contributions to the retirement system and who has a break in service of more than five years but not more than six years may be reinstated to membership if the member pays a sum equal to 25 percent of the member's salary for the last year of service prior to the break in service. A member who has not withdrawn the member's contributions to the retirement system may be reinstated to membership without paying the reinstatement fees after the member renders at least one year of membership service subsequent to the break in service. All interest credits shall cease after any such break in service but shall begin again on the date of payment of the sum required for reinstatement to membership or on the first day of July immediately following the completion of one year of membership service following the break in service. The board of trustees may approve the continued membership of a member while in the armed forces of the United States or other emergency wartime service of the United States, or a member whose membership would be terminated because of illness which prevents the member from rendering the service otherwise required by this Code section. The board of trustees may also grant an additional year of leave to a teacher for each child born to or adopted by such teacher while on authorized leave. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996.

Page 391

RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR FORMER OFFICERS AND EMPLOYEES OF GEORGIA HOUSING AND FINANCE AUTHORITY. Code Section 47-2-98 Enacted. No. 669 (House Bill No. 978). AN ACT To amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide that a member who was previously an officer or employee of the Georgia Housing and Finance Authority shall be entitled to receive creditable service for such prior service; to provide for the transfer or payment of certain funds; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-98. (a) As used in this Code section, the term: (1) `Authority' means the Georgia Housing and Finance Authority established by Chapter 26 of Title 50. (2) `Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b)(1) Any member of this retirement system who became a member on or after July 1, 1995, and who, immediately prior to becoming a member, was an officer or employee of the authority shall, upon furnishing proof of prior employment to the board of trustees and subject to the provisions of paragraph (2) of this subsection, be eligible to receive creditable service under this retirement system for such prior service.

Page 392

(2) A member subject to this Code section shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to the date he or she became a member of this retirement system to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (1) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The member shall receive such creditable service as the combination of funds so transferred or paid would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (1) of this subsection. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 1, 1996. COURTS MUNICIPALITIES OF 300,000 POPULATION OR MORE; TRAFFIC COURTS; ADDITIONAL PENALTY AND BAIL AND BOND AMOUNT; ACT APPROVED APRIL 21, 1967 (GA. L. 1967, P. 3360), AS AMENDED, AMENDED. No. 685 (House Bill No. 625). AN ACT To amend an Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 172), so as to change the additional penalty and bail and bond amount to be imposed for certain jail purposes; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 393

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a system of traffic courts for each city of this state having a population of 300,000 or more according to the United States decennial census of 1960 or any future such census, approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 172), is amended by striking 10 percent and inserting 15 percent wherever it appears in subsection (a) of Section 28A so that when so amended said subsection shall read as follows: (a)(1) In every case in which such courts shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 15 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in paragraph (1) of subsection (a) of Section 28 of this Act. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 15 percent of the original amount of bail or bond shall be posted. In every case in which such courts shall order the forfeiture of bail or bond, the additional sum equal to 15 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any sums provided for in paragraph (2) of subsection (a) of Section 28 of this Act. 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 1, 1996.

Page 394

STATE PROPERTY DODGE COUNTY-EASTMAN DEVELOPMENT AUTHORITY; CONVEYANCE. No. 59 (House Resolution No. 853). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Dodge 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 Eastman, Dodge County, Georgia; and WHEREAS, said real properties are all those tracts or parcels of land designated A and B lying and being in Dodge County, Georgia, as follows: PARCEL A containing 4 acres of land, located in Land Lot 6825 of the 15th Land District of Dodge County, more particularly described on that certain plat of survey entitled Proposed Acquisition by the State of Georgia prepared by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, dated April 23, 1967, and on file in the offices of the State Properties Commission; and PARCEL B containing 4.28 acres of land, located in Land Lot 6825 of the 15th Land District of Dodge County, more particularly described on that certain plat of survey entitled Proposed Acquisition by the State of Georgia prepared by Olin J. McLeod, Georgia Registered Land Surveyor No. 2259, date June 2, 1990, and on file in the offices of the State Properties Commission; and WHEREAS, said property is under the custody of the Department of Technical and Adult Education for use as a satellite campus of Heart of Georgia Technical Institute specializing in aircraft technology; and WHEREAS, the Department of Technical and Adult Education is in the process of constructing a new aircraft technology building at the Dodge County Airport; and WHEREAS, upon completion of the new aircraft technology building, said parcel will not be utilized by the Department of Technical and Adult Education or the State of Georgia and will therefore be surplus to its needs; and WHEREAS, the Dodge County-Eastman Development Authority is desirous of obtaining the subject property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 395

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 Dodge County-Eastman Development Authority 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 the purposes of the authority as authorized by law 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, if the Dodge County-Eastman Development Authority determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall first approve both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the Treasury of the State of Georgia. SECTION 4. That the authorization in this resolution to convey the above-described property to the Dodge County-Eastman Development Authority 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 Dodge 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.

Page 396

SECTION 8. That all laws and parts of laws in conflict with this resolution are repealed. Approved March 29, 1996. COMMISSION ON THE APPELLATE COURTS OF GEORGIA CREATION. No. 60 (House Resolution No. 1091). A RESOLUTION Creating the Commission on the Appellate Courts of Georgia; providing for the membership of the commission and the selection, service, and compensation of members; providing for the powers and duties of the commission with respect to a study of the appellate courts of the State of Georgia; providing for an effective date; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created the Commission on the Appellate Courts of Georgia. The commission shall consist of 13 members as follows: (1) The Chief Justice of the Supreme Court of Georgia or his or her designee; (2) The Chief Judge of the Court of Appeals of Georgia or his or her designee; (3) One judge of the superior courts of the State of Georgia who is the President of the Council of Superior Court Judges of Georgia or his or her designee; (4) One judge of the state courts of the State of Georgia who is the President of the Council of State Court Judges of Georgia or his or her designee; (5) The President of the State Bar of Georgia or his or her designee; (6) Two members of the Senate to be appointed by the President of the Senate and two members of the House of Representatives to be appointed by the Speaker of the House; and (7) Two members appointed by the President of the Senate who are not members of the Senate and two members appointed by the Speaker of the House who are not members of the House of Representatives. All appointments to the commission shall be made with the goal of obtaining a diverse membership, including members of both the legal

Page 397

profession and the general public and members from a variety of backgrounds. SECTION 2. The commission shall undertake a study of the current structure and operations of the appellate courts of the State of Georgia with the goal of determining what changes, if any, should be recommended in such structure and operations in order to: (1) Ensure a high quality of appellate review of trial court decisions where such review is required or appropriate; (2) Facilitate the development of an organized and consistent body of appellate decisions for the guidance of the bench, the bar, and the general public; (3) Provide for timely resolution of appeals; (4) Provide an efficient and cost-effective appellate system, subject to the recognition that the system is paid for with public funds; (5) Utilize judicial resources in an effective manner; and (6) Achieve such other goals as the commission determines appropriate. SECTION 3. The chairperson and other officers of the commission shall be selected by majority vote of the commission. The commission shall meet at the call of the chair. SECTION 4. The legislative members of the commission shall receive expense reimbursement and allowances from legislative funds in the manner provided for legislative members of interim committees. Any members of the commission who are state officers and employees other than members of the General Assembly shall receive no compensation for their service on the commission but may be reimbursed for expenses incurred in serving on the commission from funds of their respective agencies, as provided by law. Any members of the commission who are not state employees or officers shall receive no compensation for their service on the commission but may be reimbursed for reasonable actual expenses incurred in serving on the commission from funds of the legislative branch. SECTION 5. All officers and agencies of state government shall cooperate with the commission in the performance of its functions.

Page 398

SECTION 6. 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. However, the commission shall not meet for more than ten days unless additional meeting days are authorized by the Governor. SECTION 7. The commission shall issue a report of its findings and recommendations to the Governor, the Lieutenant Governor, the Chief Justice, and the Speaker of the House. Such report shall be issued not later than December 31, 1996. The commission shall stand abolished as of the end of the last day of the regular 1997 session of the General Assembly. Approved April 2, 1996. VETERANS PARKWAY DESIGNATED. No. 61 (Senate Resolution No. 85). A RESOLUTION Designating a certain portion of Interstate Highway 85 as the Veterans Parkway; and for other purposes. WHEREAS, from the birth of this nation, our citizen soldiers have risked their lives to defend our freedom and our way of life; and WHEREAS, the citizens of this state have historically paid homage to the veterans who have served this nation and demonstrated their fidelity and allegiance with their utmost ability and often with their lives; and WHEREAS, it is befitting that the State of Georgia honor and respect the brave men and women who have served this great nation in times of war and in times of peace; and WHEREAS, the designation of a portion of the Interstate Highway 85 as the Veterans Parkway is an appropriate acknowledgment of the distinguished service veterans have contributed throughout this nation's history. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate Highway 85 running from the DeKalb Gwinnett county line to its intersection with Interstate Highway 985 be designated as the Veterans Parkway in recognition and honor of the exemplary dedication to duty and love of country exhibited by this nation's veterans. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers

Page 399

designating that portion of Interstate Highway 85 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 the commissioner of transportation. Approved April 2, 1996. LOCAL GOVERNMENT MUNICIPAL INCORPORATION; REINCORPORATION OF CERTAIN AREAS BY LOCAL ACT WITHOUT REGARD TO PROXIMITY OF EXISTING MUNICIPAL CORPORATION. Code Section 36-31-2 Amended. No. 735 (House Bill No. 1556). AN ACT To amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, so as to provide that a local Act providing for the reincorporation of certain areas may be enacted without regard to the proximity of an existing municipal corporation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to the incorporation of municipal corporations, is amended by striking in its entirety Code Section 36-31-2, relating to the minimum distance between proposed corporate boundaries and boundaries of existing municipal corporations, and inserting in lieu thereof the following: 36-31-2. (a) No local Act granting a municipal charter shall be enacted wherein any part of the proposed corporate boundary is less than three miles distance from the corporate boundary of any existing municipal corporation in this state; provided, however, that, if the residents of a certain geographical area within three miles of an existing municipal corporation have been denied annexation to the municipal corporation by the people of the municipal corporation, the residents of such geographical area shall be entitled to incorporate a new municipal corporation at any time within 12 months after such denial, and a local Act granting a municipal charter may be enacted; provided, further, that the population of the area proposed to be incorporated must exceed the population of the existing municipal corporation, and a certificate from the

Page 400

governing authority of the existing municipal corporation or from the judge of the superior court of the county, evidencing the denial of annexation and the population figures, must accompany the certificate of incorporation required by this chapter. (b) Any provision of subsection (a) of this Code section to the contrary, a local Act granting a municipal charter to any area comprising the former boundaries of a municipal corporation the charter of which was repealed by operation of Code Section 36-30-7.1 may be enacted at the regular 1996 or 1997 session of the General Assembly without regard to the proximity of the proposed municipal corporation to an existing municipal corporation. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. PENAL INSTITUTIONS PRISON LITIGATION REFORM ACT OF 1996 ENACTED; COMPREHENSIVE PROVISIONS REGARDING PRISONER LITIGATION. Code Title 42, Chapter 12 Enacted. No. 737 (House Bill No. 1284). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to enact comprehensive provisions regarding prison litigation reform; to provide for a short title; to provide for legislative intent, findings, and determinations; to provide for definitions; to provide for requirements and procedures with respect to the commencement of certain actions; to provide for in forma pauperis affidavits; to provide for judicial determination regarding in forma pauperis status; to provide for the awarding of costs and fees; to provide for deductions from prisoners' accounts; to provide for conditions of parole; to provide for appeals; to provide records of actions; 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 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by adding a new chapter at the end thereof, to be designated Chapter 12, to read as follows:

Page 401

CHAPTER 12 42-12-1. This chapter shall be known and may be cited as the `Prison Litigation Reform Act of 1996.' 42-12-2. The General Assembly makes the following findings and determinations: (1) The costs of litigation are rising dramatically. It is the responsibility of this body to seek out and adopt measures to rectify this situation. One source of the rise in litigation costs are frivolous prisoner lawsuits. Meritless lawsuits are being filed at an ever-increasing rate by prisoners who view litigation as a recreational exercise. To address the problems caused by the filing of nonmeritorious lawsuits and to relieve some of the burden placed on Georgia cities, counties, state agencies, the courts, and the Department of Corrections, this chapter is enacted. (2) Before filing any sort of civil action, all citizens must evaluate the strengths of their claim in light of their own personal financial situation. Private individuals are forced to balance the strength of their case against the reality of court costs, filing fees, and the potential consequences of filing a frivolous or meritless lawsuit. Georgia's prisoners currently face no such dilemma. In light of the fact that all prisoners' needs are provided at city, county or state expense, a prisoner cannot claim that his or her financial status or security would be compromised by a requirement to pay court costs and fees. To address this inequity, the General Assembly enacts this chapter. (3) In forma pauperis status will continue to allow the filing of an action by a prisoner, thus providing the prisoner with the constitutional right to access to courts. Freezing of the prisoner's inmate account will hold the prisoner responsible for court costs and fees by seizing any future deposits into the account. 42-12-3. As used in this chapter, the term: (1) `Action' means any civil lawsuit, action, or proceeding, including an appeal, filed by a prisoner, but shall not include: (A) A petition for writ of habeas corpus; or (B) An appeal of a criminal proceeding. (2) `Court costs and fees' means the initial filing fee set by the clerk of court and all fees incident to service of the lawsuit or amendments. (3) `Indigent prisoner' means a prisoner who has insufficient funds in the prisoner's inmate account at the time of filing to pay the appropriate filing fee.

Page 402

(4) `Prisoner' means a person 17 years of age or older who has been convicted of a crime and is presently incarcerated or is being held in custody awaiting trial or sentencing. 42-12-4. The following provisions shall apply when an indigent prisoner commences an action: (1) The indigent prisoner shall pay the current balance of funds in the prisoner's inmate account; (2) The clerk of court shall notify the superintendent of the institution in which the prisoner is incarcerated that an action has been filed. Notice to the superintendant shall include: (A) The prisoner's name, inmate number, and civil action number; and (B) The amount of the court costs and fees due and payable; (3) Upon notification by the clerk of court that an indigent prisoner has commenced an action, the superintendent shall: (A) Immediately freeze the prisoner's inmate account; and (B) Order that all moneys deposited into the prisoner's inmate account be forwarded to the clerk until all court costs and fees are satisfied, whereupon the freezing of the account shall be terminated. 42-12-5. (a)(1) A prisoner's affidavit of in forma pauperis status shall contain each of the following: (A) The prisoner's identity, including any and all aliases, and the prisoner's inmate number; (B) The nature and amount of any income as well as the source of that income; (C) Real and personal property owned by the prisoner; and (D) Cash and checking accounts held by the prisoner. (2) The affidavit shall also contain the following sworn statement and signature of the prisoner: I, _____, do swear and affirm under penalty of law that the statements contained in this affidavit are true. I further attest that this application for in forma pauperis status is not presented to harass or to cause unnecessary delay or needless increase in the costs of litigation.

Page 403

(3) The affidavit shall contain a copy of the prisoner's inmate account of the last 12 months or the period of incarceration, whichever is less. The institution shall promptly provide said account information upon request. (4) The prisoner shall serve the affidavit, including all attachments, on the court and all named defendants. Failure by the prisoner to comply with this subsection shall result in dismissal without prejudice of the prisoner's action. (b)(1) A judicial order authorizing a prisoner to proceed in forma pauperis shall not prevent the freezing of a prisoner's inmate account nor the forwarding of any future deposits into that account to the court in accordance with the provisions of this chapter. (2) In the event that the court denies the prisoner's application for in forma pauperis status, the court shall give written notice to the inmate that the inmate's action will be dismissed without prejudice if the filing fees are not paid within 30 days of the date of the order. (3) Upon the denial of in forma pauperis status the court shall make a finding as to whether in forma pauperis status was sought fraudulently, frivolously, or maliciously. If the court finds that the in forma pauperis status was sought fraudulently, frivolously, or maliciously, the action shall be dismissed with prejudice, and the court shall assess filing costs. (4) If an action is dismissed without prejudice and the prisoner refiles the action in substantially the same form: (A) All filing requirements including filing fees must be met in their entirety; and (B) No amount paid for court fees in any earlier action or any part thereof shall be credited to the prisoner. 42-12-6. Upon the dismissal of a prisoner action or upon the entry of judgment in favor of the responding party, the court shall make a finding as to whether the prisoner's action was frivolous. The court may award reasonable costs and attorney's fees to defendants or respondents if the court finds that: (1) Any material allegation in the prisoner's in forma pauperis affidavit is false; or (2) The action or any part of the action is malicious or frivolous as defined in Code Section 9-15-14.

Page 404

42-12-7. (a) Fifty percent of the average monthly balance of the prisoner's account for the preceding 12 months during which the prisoner's account had a positive balance shall be deducted from the prisoner's account and paid over to the clerk of court for each instance that a court finds that the prisoner has done any of the following: (1) Filed a false, frivolous, or malicious action or claim with the court; (2) Brought an action or claim with the court solely or primarily for delay or harassment; (3) Unreasonably expanded or delayed a judicial proceeding; (4) Testified falsely or otherwise submitted false evidence or information to the court; (5) Attempted to create or obtain a false affidavit, testimony, or evidence; or (6) Abused the discovery process in any judicial action or proceeding. (b) Payment of any past due court costs and fees incurred by the prisoner may be, pursuant to this subsection, a condition of parole, at the discretion of the State Board of Pardons and Paroles. 42-12-8. Appeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35. 42-12-9. The clerk of court shall maintain a list of all prisoner actions along with the disposition of each action and the identity of the judge that handled the action. 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 2, 1996.

Page 405

COURTS COURT OF APPEALS; NUMBER OF JUDGES; MANNER OF HEARING AND DECIDING CASES; MANNER OF OVERRULING DECISIONS; QUORUM; ELECTION AND TERM OF OFFICE; SUPERIOR COURTS; LOCAL SALARY SUPPLEMENTS FOR JUDGES IN NEWLY CREATED SUPERIOR COURT JUDGESHIPS; NO PUBLICATION OF INTENT TO INTRODUCE LOCAL LEGISLATION REQUIRED FOR BILL CREATING NEW SUPERIOR COURT JUDGESHIP. Code Sections 15-3-1, 15-3-4, and 15-6-29 Amended. No. 738 (Senate Bill No. 750). AN ACT To amend Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, so as to increase the membership of the Court of Appeals; to provide for the manner in which cases are heard; to provide for the manner in which decisions can be overruled; to specify what constitutes a quorum; to provide for election and term of office; to amend Code Section 15-6-29 of the Official Code of Georgia Annotated, relating to compensation of superior court judges, so as to provide that when a new judgeship is created, the new judge shall receive the same local salary supplement paid to the incumbent judge or judges of the circuit; to provide that no publication of a notice of intention to introduce local legislation shall be required for any bill creating one or more new judgeships; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 15 of the Official Code of Georgia Annotated, relating to the Court of Appeals, is amended by striking in its entirety Code Section 15-3-1, relating to the composition and division of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-1 to read as follows: 15-3-1. (a) Composition. The Court of Appeals shall consist of ten Judges who shall elect one of their number as Chief Judge, in such manner and for such time as may be prescribed by rule or order of the court. (b) Divisions. The court shall sit in three divisions composed of three Judges in each division. Two Judges shall constitute a quorum of a division. The assignment of Judges to each division shall be made by the Chief Judge, and the personnel of the divisions shall from time to time be changed in accordance with rules prescribed by the court. The Chief Judge shall designate the Presiding Judges of the three divisions and

Page 406

shall, under rules prescribed by the court, distribute the cases among the divisions in such manner as to equalize their work as far as practicable. (c) How cases heard. (1) Each division shall hear and determine, independently of the others, the cases assigned to it, except that the division next in line in rotation and a seventh Judge shall participate in the determination of each case in which there is a dissent in the division to which the case was originally assigned. (2) In all cases which involve one or more questions which, in the opinion of the majority of the Judges of the division or of the two divisions plus a seventh Judge to which a case is assigned, should be passed upon by all the members of the court, the questions may be presented to all the members of the court; and if a majority of all the members of the court decide that the question or questions involved should, in their judgment and discretion, be decided by all the members of the court, the case shall be passed upon by all the members of the court, provided that a majority of the Judges passing upon the case concur in the judgment. (3) In neither class of cases referred to in this subsection shall there be oral argument except before the division to which the cases are originally assigned. (d) How decision overruled. It being among the purposes of this Code section to avoid and reconcile conflicts among the decisions made by less than all of the Judges on the court and to secure more authoritative decisions, it is provided that when two divisions plus a seventh Judge sit as one court the court may, by the concurrence of a majority, overrule any previous decision in the same manner as prescribed for the Supreme Court. As precedent, a decision by such court with a majority concurring shall take precedence over a decision by any division or two divisions plus a seventh Judge. A decision concurred in by all the Judges shall not be overruled or materially modified except with the concurrence of all the Judges. (e) Quorum. When all the members of the court are sitting together as one court, six Judges shall be necessary to constitute a quorum. In all cases decided by such court as a whole by less than ten Judges, the concurrence of at least five shall be essential to the rendition of a judgment. (f) Oral arguments. The Court of Appeals may hear oral arguments at places other than the seat of government. Reasonable notice shall be given of such hearings. (g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary

Page 407

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 2. Said chapter is further amended by striking in its entirety Code Section 15-3-4, relating to the election and term of office of Judges of the Court of Appeals, and inserting in lieu thereof a new Code Section 15-3-4 to read as follows: 15-3-4. Two Judges of the Court of Appeals shall be elected at each general state election to be held on Tuesday after the first Monday in November of the even-numbered years in the manner in which Justices of the Supreme Court are elected; except that three Judges shall be elected at the general state election to be held in 1960 and thereafter at each six-year interval, that four Judges shall be elected at the general state election to be held in 1962 and thereafter at each six-year interval, and that one Judge appointed by the Governor on or after July 1, 1996, shall serve until January 1, 1999, and an initial successor to the Judge appointed by the Governor on or after July 1, 1996, shall be duly elected and qualified at the general state election to be held in 1998. Such successor shall serve until January 1, 2001, and a successor to that Judge shall be duly elected and qualified at the general state election to be held in 2000. Thereafter, successors to such Judge shall be elected and qualified at each six-year interval. The terms of the Judges shall begin on January 1 following their election and, except as provided above, shall continue for six years and until their successors are qualified. They shall be commissioned accordingly by the Governor. SECTION 3. Code Section 15-6-29 of the Official Code of Georgia Annotated, relating to compensation of superior court judges, is amended by adding at its end a new subsection (c) to read as follows: (c) When a new superior court judgeship is created by law for any judicial circuit, the new superior court judge shall upon taking office become entitled to and shall receive from the county or counties comprising the circuit the same county salary supplement, if any, then in effect for the other judge or judges of the judicial circuit. Such salary supplement for such new judge shall be authorized by this subsection and no other legislation or local legislation shall be required in order to authorize such salary supplement, but nothing in this Code section shall be construed to prohibit the enactment of local legislation relating to

Page 408

such salary supplements. A publication of notice of intention to introduce local legislation as provided for in Code Section 28-1-14 shall be required for any local legislation granting, changing the amount of, or removing a salary supplement; but no publication of notice of intention shall be required for a bill creating one or more new superior court judgeships. SECTION 4. This Act shall become effective on July 1, 1996. SECTION 5. 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 1996 session of the General Assembly of Georgia a bill to provide for a tenth judge of the superior court of the Stone Mountain Judicial Circuit of Georgia; to provide for the appointment of the first such additional judge by the governor; to prescribed the qualifications, compensation, salary, county supplement and expense allowance of said judge; to authorize the governing authority of any county which comprises the Stone Mountain Judicial Circuit to provide facilities, office space, supplies, equipment, and personnel for said judges; and for other purposes. This 1st day of February, 1996. Senator Mary Margaret Oliver 42nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who, on oath, deposes and says that she is Senator from the 42nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the officialorgan of DeKalb County, on the following date: February 8, 1996. /s/ Mary Margaret Oliver Senator, 42nd District Sworn to and subscribed before me, this 22nd day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 2, 1996.

Page 409

INSURANCE NEWBORN BABY AND MOTHER PROTECTION ACT ENACTED; MATERNITY BENEFITS; MINIMUM COVERAGE PERIODS FOR POSTDELIVERY CARE OF MOTHERS AND CHILDREN. Code Sections 33-24-58, 33-24-59, and 33-24-60 Enacted. No. 739 (Senate Bill No. 482). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for a short title; to provide for legislative findings; to provide definitions; to require health insurers to provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery or a minimum of 96 hours of inpatient care following delivery by cesarean section to a newly born child and its mother; to provide for coverage by insurers of postdelivery care for a newly born child and its mother in the home; to provide for regulations to be issued by the Commissioner of Insurance; to provide for notice to policyholders; to provide for applicability; to provide for adjustment of current contracts; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding at the end thereof three new Code sections to read as follows: 33-24-58. This Act shall be known and may be cited as the `Newborn Baby and Mother Protection Act.' 33-24-59. The General Assembly finds and declares that: (1) Whereas, until recently health care insurers covered costs of hospital stays of a mother and a newborn until they were discharged by a physician after a consultation with the mother. Now many insurers are refusing payment for a hospital stay that extends beyond 24 hours after an uncomplicated vaginal delivery and 48 hours after a cesarean delivery; (2) There is sufficient scientific data to question the safety and appropriateness of such early releases from the hospital following delivery, particularly as it relates to the detection of many problems which if undiagnosed may pose life-threatening and costly complications

Page 410

and may require a longer period of observation by skilled personnel; (3) Guidelines developed by the American Academy of Pediatrics and the American College of Obstetricians and Gynecologists recommend as a minimum that mothers and infants meet certain medical criteria and conditions prior to discharge, and it is unlikely that these criteria and conditions can be met in less than 48 hours following a normal vaginal delivery and 96 hours following a cesarean delivery; (4) The length of postdelivery inpatient stay should be a clinical decision made by a physician based on the unique characteristics of each mother and her infant, taking into consideration the health of the mother, the health and stability of the baby, the ability and confidence of the mother to care for her baby, the adequacy of support systems at home, and access to appropriate follow-up care; and (5) Requiring insurers to cover minimum postdelivery inpatient stays will allow identification of early problems with the newborn, prevent disability through appropriate use of metabolic screening, and help ensure that the family is able and prepared to care for the baby at home. 33-24-60. (a) As used in this Code section, the term: (1) `Attending provider' means: (A) Pediatricians and other physicians attending the newborn; and (B) Obstetricians, other physicians, and certified nurse midwives attending the mother. (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, including those contracts executed by the State of Georgia on behalf of indigents and on behalf of state employees under Article 1 of Chapter 18 of Title 45, by a health care corporation, health maintenance organization, preferred provider organization, accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, or other insurer or similar entity. (3) `Insurer' means an accident and sickness insurer, fraternal benefit society, hospital service corporation, medical service corporation, health care corporation, health maintenance organization, or any similar entity authorized to issue contracts under this title and also means any state program funded under Title XIX of the federal Social Security Act, 42 U.S.C.A. Section 1396 et seq., and any other publicly funded state health care program.

Page 411

(b) Every health benefit policy that provides maternity benefits that is delivered, issued, executed, or renewed in this state or approved for issuance or renewal in this state by the Commissioner on or after the effective date of this Act shall provide coverage for a minimum of 48 hours of inpatient care following a normal vaginal delivery and a minimum of 96 hours of inpatient care following a cesarean section for a mother and her newly born child in a licensed health care facility. (c) Any decision to shorten the length of stay to less than that provided under subsection (b) of this Code section shall be made by the attending physician, the obstetrician, pediatrician, or certified nurse midwife after conferring with the mother. (d) If a mother and newborn are discharged pursuant to subsection (c) of this Code section prior to the postpartum inpatient length of stay provided under subsection (b) of this Code section, coverage shall be provided for up to two follow-up visits, provided that the first such visit shall occur within 48 hours of discharge. Such visits shall be conducted by a physician, a physician's assistant, or a registered professional nurse with experience and training in maternal and child health nursing. After conferring with the mother, the health care provider shall determine whether the initial visit will be conducted at home or at the office. Thereafter, he or she shall confer with the mother and determine whether a second visit is appropriate and where it shall be conducted. Services provided shall include, but not be limited to, physical assessment of the newborn, parent education, assistance and training in breast or bottle feeding, assessment of the home support system, and the performance of any medically necessary and appropriate clinical tests. Such services shall be consistent with protocols and guidelines developed by national pediatric, obstetric, and nursing professional organizations for these services. (e) The Commissioner shall adopt rules and regulations necessary to implement the provisions of this Code section. (f) Every insurer shall provide notice to policyholders regarding the coverage required by this Code section and any rules and regulations promulgated by the Commissioner relating to this Code section. The notice shall be in writing and prominently positioned in any of the following literature: (1) The next mailing to the policyholder; (2) The yearly informational packets sent to the policyholder; or (3) Other literature mailed before January 1, 1997. (g) No insurer covered under this Code section shall deselect, terminate the services of, require additional utilization review, reduce capitation payment, or otherwise penalize an attending physician or other health

Page 412

care provider who orders care consistent with the provisions of this Code section. For purposes of this subsection, health care provider shall be defined to include the attending physician, certified nurse midwife, and hospital. SECTION 2. All contracts relating to the provision of health care services in effect on the effective date of this Act shall be appropriately adjusted to reflect any change in services provided as required by this Act. SECTION 3. The provisions of this Act shall not be construed to apply to or in any way affect the provisions of the federal Employee's Retirement Income Security Act. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. DOMESTIC RELATIONS PARENTAL POWER; CUSTODY OF CHILD; CHILD SUPPORT. Code Sections 19-7-1, 19-9-2, and 19-11-12 Amended. No. 740 (Senate Bill No. 348). AN ACT To amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for additional grounds upon which parental power may be lost; to provide for a standard for loss of parental power; to change the provisions relating to the discretion of the court relative to the custody of a child; to provide for the best interest and welfare of the child or children; to provide for a rebuttable presumption; to change procedures relating to periodic review and adjustment of certain administrative and judicial child support orders; to provide for initiating review, determination of a significant inconsistency with the amount which would result from application of Code Section 19-6-15, increasing or decreasing the amount of support ordered, and addressing the repayment of arrears; to provide for agency recommendations; to provide for petitions, requests, objections, and de novo proceedings; to provide for income deduction orders; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Page 413

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 adding to Code Section 19-7-1, relating to in whom parental power lies, how such power is lost, and recovery for homicide of a child, a new subsection (b.1) to read as follows: (b.1) Notwithstanding subsections (a) and (b) of this Code section or any other law to the contrary, in any action involving the custody of a child between the parents or either parent and a third party limited to grandparent, aunt, uncle, great aunt, great uncle, sibling or adoptive parent, parental power may be lost by the parent, parents, or any other person if the court hearing the issue of custody, in the exercise of its sound discretion and taking into consideration all the circumstances of the case, determines that an award of custody to such third party is for the best interest of the child or children and will best promote their welfare and happiness. There shall be a rebuttable presumption that it is in the best interest of the child or children for custody to be awarded to the parent or parents of such child or children, but this presumption may be overcome by a showing that an award of custody to such third party is in the best interest of the child or children. The sole issue for determination in any such case shall be what is in the best interest of the child or children. SECTION 2. Said title is further amended by striking Code Section 19-9-2, relating to the right of a surviving parent to custody of a child and the discretion of the court, and inserting in lieu thereof a new Code Section 19-9-2 to read as follows: 19-9-2. Upon the death of either parent, the survivor is entitled to custody of the child; provided, however, that the court, upon petition, may exercise discretion as to the custody of the child, looking solely to the child's best interest and welfare. SECTION 3. Said title is further amended by striking in its entirety Code Section 19-11-12, relating to determination of ability to support, review procedures, order adjusting support award amount, and subsequent financial obligation, and inserting in lieu thereof the following: 19-11-12. (a) The department shall determine the ability of the absent responsible parent to support his or her child or children in accordance with the guidelines prescribed in Code Section 19-6-15.

Page 414

(b) The department shall implement a process for the periodic review and adjustment of IV-D child support agency orders which were established or subject to enforcement pursuant to Code Section 19-11-6 by the title IV-D enforcement agency so that the order is reviewed no later than 36 months after the date of a judicial order or the filing date of an administrative order contemplated in subsection (d) of this Code section. A IV-D child support order shall include a judicial or an administrative order which is subject to enforcement under this title. Exceptions to this procedure are cases where the department determines that such a review would not be in the best interests of the child and neither parent has requested such a review and in cases in which application is made under subsections (c) and (d) of Code Section 19-11-6 (non-AFDC cases) if neither parent requests such a review. (c)(1) The procedures shall ensure that the state notify each parent subject to a child support order in effect in the state (i) of any review of such order, at least 30 days before the commencement of such review; (ii) of the right of such parent to request the state to review such order; and (iii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded, not less than 30 days after such notification, an opportunity to initiate proceedings either through an administrative hearing within the Office of State Administrative Hearings when the subject child support order reviewed is administrative in origin or before a court to challenge such adjustment or determination when the subject child support order is judicial in origin. (2) Upon an agency review and determination that there is a significant inconsistency between the amount of the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the agency shall make a recommendation for an increase or decrease in the amount of an existing order for support. (3) In the case of an administrative order, the agency shall request the administrative law judge to increase or decrease the amount in the existing order in accordance with the agency recommendation. The administrative order adjusting the child support award amount which results from a hearing or the failure to contest such within 30 days of its issuance shall, upon filing with the local clerk of the court, have the full effect of a modification of the original order or decree of support. As part of the order adjusting the child support award the administrative law judge shall issue an income deduction order which shall also be filed with the court pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33. (4) In the case of a judicial order, the agency shall file a petition asking the court to adopt the agency's recommendation for an increase or decrease in the amount in the existing order. The parties

Page 415

to the court order shall be sent notice of this action and shall have 30 days to file with the court in writing objections to the agency's recommendation to increase or decrease the amount of support. Upon the filing of a written objection to the agency's recommendation with the clerk of the superior court and with the agency, a de novo proceeding shall be scheduled with the court on the matter. If neither party files an objection to the agency recommendation within the 30 day notice period, the court shall issue an order adopting the recommendation of the department. As part of the order adjusting the child support award, the court shall issue an income deduction order pursuant to Code Sections 19-6-30, 19-6-31, 19-6-32, and 19-6-33. (d) When the trier of fact, the administrative law judge for administrative orders, or a judge of the superior court for court orders, as the case may be, determines that there is a significant inconsistency between the existing child support order and the amount of child support which would result from the application of Code Section 19-6-15, the trier of fact may use this inconsistency as the basis to increase or decrease the amount of support ordered. The trier of fact may also address the repayment of any arrears accumulated under the existing order. (e) An obligor shall not be relieved of his or her duty to provide support when such obligor has brought about his or her own unstable financial condition by voluntarily incurring subsequent obligations. (f) The department shall be authorized to promulgate rules and regulations to implement the provisions of this Code section. SECTION 4. This Act shall become effective on the approval of the Governor or upon its becoming law without such approval and shall apply to all actions pending on such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996.

Page 416

CRIMES AND OFFENSES BOMBS, EXPLOSIVES, AND CHEMICAL AND BIOLOGICAL WEAPONS; PROHIBITED ACTS; PENALTIES; EXTENSIVE REVISION OF RELATED PROVISIONS; DESIGNATED FELONY ACTS IN JUVENILE PROCEEDINGS; BOMB TECHNICIAN, ORDNANCE DISPOSAL TECHNICIAN, AND ANIMAL HANDLER TRAINING; INTERGOVERNMENTAL ASSISTANCE. Code Section 15-11-37 Amended. Code Title 16 Amended. Code Title 35 Amended. No. 741 (Senate Bill No. 636). AN ACT To amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies in juvenile court, so as to change a certain definition; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to enact a new article relating to bombs, explosives, and chemical and biological weapons; to define certain terms; to provide a list of explosive materials; to provide for the offense of manufacturing, transporting, distributing, possessing with intent to distribute, and offering to distribute an explosive device; to provide that it shall be unlawful for a person convicted of or under indictment for certain offenses to possess, manufacture, transport, distribute, possess with intent to distribute, or offer to distribute a destructive device, detonator, or hoax device; to provide that it shall be unlawful knowingly to provide such devices to any such person or to a person who has been adjudicated mentally incompetent or mentally ill; to provide that it shall be unlawful to distribute certain materials to persons under 21 years of age; to prohibit certain acts relating to hoax devices; to provide that conspiracy to commit certain acts shall be unlawful; to prohibit interference with certain officers; to provide for punishments; to impose certain duties on certain persons; to provide for certain inspections; to provide for exceptions; to provide for the forfeiture of certain property; to change certain definitions relating to certain offenses; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to provide for the training and certification of bomb technicians, explosive ordnance disposal technicians, and animal handlers; to provide for certain intergovernmental assistance agreements; 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. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felonies in juvenile court, is amended by striking in its entirety paragraph (2) and inserting in lieu thereof the following:

Page 417

(2) `Designated felony act' means an act which: (A) Constitutes a second or subsequent offense under subsection (b) of Code Section 16-11-132 if committed by a person 13 to 17 years of age; (B) If done by an adult, would be one or more of the following crimes: (i) Kidnapping or arson in the first degree, if done by a juvenile 13 or more years of age; (ii) Aggravated assault, arson in the second degree, aggravated battery, robbery, or armed robbery not involving a firearm, if done by a juvenile 13 or more years of age; (iii) Attempted murder or attempted kidnapping, if done by a juvenile 13 or more years of age; (iv) The carrying or possession of a weapon in violation of subsection (b) of Code Section 16-11-127.1; (v) Hijacking a motor vehicle, if done by a juvenile 13 or more years of age; (vi) Any violation of Code Section 16-7-82, 16-7-84, or 16-7-86 if done by a juvenile 13 or more years of age; or (vii) Any other act which, if done by an adult, would be a felony, if the juvenile committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies; or (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Sections 16-7-85 or 16-7-87; (D) Constitutes an offense within the exclusive jurisdiction of the superior court pursuant to subparagraph (b)(2)(A) of Code Section 15-11-5 which is transferred by the superior court to the juvenile court for adjudication pursuant to subparagraph (b)(2)(B) of Code Section 15-11-5 or which is transferred by the district attorney to the juvenile court for adjudication pursuant to subparagraph (b)(2)(C) of Code Section 15-11-5. SECTION 2. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking in their entirety Code Sections 16-7-63 and 16-7-64, relating to criminal possession of explosives and criminal possession of an explosive device, respectively, which read as follows:

Page 418

16-7-63. (a) A person commits the offense of criminal possession of explosives when he possesses, manufactures, or transports any explosive compound and either intends to use the explosive to commit a felony or knows that another intends to use the explosive to commit a felony. (b) A person convicted of the offense of criminal possession of explosives shall be punished by imprisonment for not less than one nor more than ten years. 16-7-64. (a) A person commits the offense of criminal possession of an explosive device when he possesses, manufactures, sells, offers for sale, gives away, or transports a bomb, fire bomb, or Molotov cocktail. (b) As used in this Code section, the terms `fire bomb' and `Molotov cocktail' mean any device, by whatever name called, made of a breakable container containing a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less which has a wick or any similar material which, when ignited, is capable of igniting the flammable liquid or compound when the device is thrown or dropped; and the term `bomb' includes any form of high explosives, explosive bomb, grenade, missile, or similar device. These terms do not include a device which is manufactured or produced for the primary purpose of illumination or for marking detours, obstructions, defective paving, or other hazards on streets, roads, highways, and bridges. (c) Subsection (a) of this Code section does not apply to a device coming within the definition of subsection (b) of this Code section when it is in the use, possession, or control of a member of the armed forces of the United States or a fireman or a law enforcement officer when acting in his official capacity or otherwise under proper authority. (d) A person convicted of the offense of criminal possession of an explosive device shall be punished by imprisonment for not less than one nor more than ten years or by a fine not exceeding $25,000.00, or by both. SECTION 3. Said title is further amended by inserting at the end of Chapter 7 the following: ARTICLE 4 16-7-80. As used in this article, the term: (1) `Bacteriological weapon' or `biological weapon' means any device which is designed in such a manner as to permit the intentional release into the population or environment of microbial or other

Page 419

biological agents or toxins whatever their origin or method of production in a manner not otherwise authorized by law or any device the development, production, or stockpiling of which is prohibited pursuant to the `Convention on the Prohibition of the Development, Production, and Stockpiling of Bacteriological (Biological) and Toxin Weapons and Their Destruction,' 26 U.S.T. 583, TIAS 8063. (2) `Commissioner' means the Fire Safety Commissioner. (3) `Conviction' means an adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. Such term includes any such conviction or plea notwithstanding the fact that sentence was imposed pursuant to Article 3 of Chapter 8 of Title 42. Such term also includes the adjudication or plea of a juvenile to the commission of an act which if committed by an adult would constitute a crime under the laws of this state. (3) `Director' means the Director of the Georgia Bureau of Investigation. (4) `Destructive device' means: (A) Any explosive, incendiary, or over-pressure device or poison gas which has been configured as a bomb; a grenade; a rocket with a propellant charge of more than four ounces; a missile having an explosive or incendiary charge of more than one-quarter ounce; a poison gas; a mine; a Molotov cocktail; or any other device which is substantially similar to such devices; (B) Any type of weapon by whatever name known which will or may be readily converted to expel a projectile by the action of an explosive or other propellant, through a barrel which has a bore diameter of more than one-half inch in diameter; provided, however, that such term shall not include a pistol, rifle, or shotgun suitable for sporting or personal safety purposes or ammunition; a device which is neither designed or redesigned for use as a weapon; a device which, although originally designed for use as a weapon, is redesigned for use as a signaling, pyrotechnic, line throwing, safety, or similar device; or surplus military ordnance sold, loaned, or given by authority of the appropriate official of the United States Department of Defense; (C) A weapon of mass destruction; (D) A bacteriological weapon or biological weapon; or (E) Any combination of parts either designed or intended for use in converting any device into a destructive device as otherwise defined in this paragraph.

Page 420

(5) `Detonator' means a device containing a detonating charge that is used to initiate detonation in an explosive, including but not limited to electric blasting caps, blasting caps for use with safety fuses, and detonating-chord delay connectors. (6) `Distribute' means the actual, constructive, or attempted transfer from one person to another. (7) `Explosive' means any chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in such proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property, including but not limited to the substances designated in Code section 16-7-81; provided, however, that the term explosive shall not include common fireworks as defined by Code Section 25-10-1, model rockets and model rocket engines designed, sold, and used for the purpose of propelling recoverable aero models, or toy pistol paper caps in which the explosive content does not average more than 0.25 grains of explosive mixture per paper cap for toy pistols, toy cannons, toy canes, toy guns, or other devices using such paper caps unless such devices are used as a component of a destructive device. (8) `Explosive ordnance disposal technician' or `EOD technician' means: (A) A law enforcement officer, fire official, emergency management official, or an employee of this state or its political subdivisions or an authority of the state or a political subdivision who is certified in accordance with Code Section 35-8-13 and members of the Georgia National Guard who are qualified as explosive ordnance disposal technicians under the appropriate laws and regulations when acting in the performance of their official duties; and (B) An official or employee of the United States, including but not limited to a member of the armed forces of the United States, who is qualified as an explosive ordnance disposal technician under the appropriate laws and regulations when acting in the performance of his or her official duties. (9) `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. A conviction of an offense under the laws of a foreign nation shall be considered a felony for the purposes of this article if the conduct giving rise to such conviction would have constituted a felony under the laws of this state or of the United States if committed within the

Page 421

jurisdiction of this state or the United States at the time of such conduct. (10) `Hoax device' or `replica' means a device or article which has the appearance of a destructive device. (11) `Incendiary' means a flammable liquid or compound with a flash point of 150 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device, including but not limited to, gasoline, kerosene, fuel oil, or a derivative of such substances. (12) `Over-pressure device' means a frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. (13) `Poison gas' means any toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings; provided, however, that such term shall not include: (A) Riot control agents, smoke, and obscuration materials or medical products which are manufactured, possessed, transported, or used in accordance with the laws of the United States and of this state; (B) Tear gas devices designed to be carried on or about the person which contain not more than one-half ounce of the chemical; (C) Pesticides, as provided in paragraph (12) of Code Section 16-7-93. (14) `Property' means any real or personal property of any kind including money, choses in action, and other similar interests in property. (15) `Public building' means any structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to structures owned, operated, or leased by the state, the United States, any of the several states, or any foreign nation or any political subdivision or authority thereof; any religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. (16) `Weapon of mass destruction' means any device which is designed in such a way as to release radiation or radioactivity at a level which will result in internal or external bodily injury or death to any person.

Page 422

16-7-81. The following materials are explosives within the meaning of this article: (1) Acetylides of heavy metals; (2) Aluminum containing polymeric propellant; (3) Aluminum ophorite explosive; (4) Amatex; (5) Amatol; (6) Ammonal; (7) Ammonium nitrate explosive mixtures, cap sensitive; (8) Ammonium nitrate explosive mixtures, noncap sensitive; (9) Aromatic nitro-compound explosive mixtures; (10) Ammonium perchlorate explosive mixtures. (11) Ammonium perchlorate composite propellant. (12) Ammonium picrate (picrate of ammonia, Explosive D). (13) Ammonium salt lattice with isomorphously substituted inorganic salts. (14) Ammonium triiodide. (15) ANFO (ammonium nitrate-fuel oil). (16) Baratol. (17) Baronol. (18) BEAF (1,2-bis (2,2-difluoro-2-nitroacetoxyethane)). (19) Black powder. (20) Black powder based explosive mixtures. (21) Blasting agents, nitro-carbo-nitrates, including noncap sensitive slurry and water-gel explosives. (22) Blasting caps. (23) Blasting gelatin. (24) Blasting powder. (25) BTNEC (bis (trinitroethyl) carbonate). (26) Bulk salutes. (27) BTNEN (bis (trinitroethyl) nitramine). (28) BTTN (1,2,4 butanetriol trinitrate).

Page 423

(29) Butyl tetryl. (30) Calcium nitrate explosive mixture. (31) Cellulose hexanitrate explosive mixture. (32) Chlorate explosive mixtures. (33) Composition A and variations. (34) Composition B and variations. (35) Composition C and variations. (36) Copper acetylide. (37) Cyanuric triazide. (38) Cyclotrimethylenetrinitramine (RDX). (39) Cyclotetramethylenetetranitramine (HMX). (40) Cyclonite (RDX). (41) Cyclotol. (42) DATB (diaminotrinitrobenzene). (43) DDNP (diazodinitrophenol). (44) DEGDN (diethyleneglycol dinitrate). (45) Detonating cord. (46) Detonators. (47) Dimethylol dimethyl methane dinitrate composition. (48) Dinitroethyleneurea. (49) Dinitroglycerine (glycerol dinitrate). (50) Dinitrophenol. (51) Dinitrophenolates. (52) Dinitrophenyl hydrazine. (53) Dinitroresorcinol. (54) Dinitrotoluene-sodium nitrate explosive mixtures. (55) DIPAM. (56) Dipicryl sulfone. (57) Dipicrylamine. (58) Display fireworks.

Page 424

(59) DNDP (dinitropentano nitrile). (60) DNPA (2,2-dinitropropyl acrylate). (61) Dynamite. (62) EDDN (ethylene diamine dinitrate). (63) EDNA. (64) Ednatol. (65) EDNP (ethyl 4,4-dinitropentanoate). (66) Erythritol tetranitrate explosives. (67) Esters of nitro-substituted alcohols. (68) EGDN (ethylene glycol dinitrate). (69) Ethyl-tetryl. (70) Explosive conitrates. (71) Explosive gelatins. (72) Explosive mixtures containing oxygen-releasing inorganic salts and hydrocarbons. (73) Explosive mixtures containing oxygen-releasing inorganic salts and nitro bodies. (74) Explosive mixtures containing oxygen-releasing inorganic salts and water insoluble fuels. (75) Explosive mixtures containing oxygen-releasing inorganic salts and water soluble fuels. (76) Explosive mixtures containing sensitized nitromethane. (77) Explosive mixtures containing tetranitromethane (nitroform). (78) Explosive nitro compounds of aromatic hydrocarbons. (79) Explosive organic nitrate mixtures. (80) Explosive liquids. (81) Explosive powders. (82) Flash powder. (83) Fulminate of mercury. (84) Fulminate of silver. (85) Fulminating gold. (86) Fulminating mercury.

Page 425

(87) Fulminating platinum. (88) Fulminating silver. (89) Gelatinized nitrocellulose. (90) Gem-dinitro aliphatic explosive mixtures. (91) Guanyl nitrosamino guanyl tetrazene. (92) Guanyl nitrosamino guanylidene hydrazine. (93) Hexogene or octogene and a nitrated N-methylaniline. (94) Hexolites. (95) HMX (cyclo-1,3,5,7-tetramethylene-2,4,6,8-tetranitramine; Octogen). (96) Hydrazinium nitrate/hydrazine/aluminum explosive system. (97) Hydrazoic acid. (98) Igniter cord. (99) Igniters. (100) Initiating tube systems. (101) KDNBF (potassium dinitrobenzo-furoxane). (102) Lead azide. (103) Lead mannite. (104) Lead mononitroresorcinate. (105) Lead picrate. (106) Lead salts, explosive. (107) Lead styphnate (styphnate of lead, lead trinitroresorcinate). (108) Liquid nitrated polyol and trimethylolethane. (109) Liquid oxygen explosives. (110) Magnesium ophorite explosives. (111) Mannitol hexanitrate. (112) MDNP (methyl 4,4-dinitropentanoate). (113) MEAN (monoethanolamine nitrate). (114) Mercuric fulminate. (115) Mercury oxalate. (116) Mercury tartrate.

Page 426

(117) Metriol trinitrate. (118) Minol-2 (40% TNT, 40% ammonium nitrate, 20% aluminum). (119) MMAN (monomethylamine nitrate); methylamine nitrate. (120) Mononitrotoluene-nitroglycerin mixture. (121) Monopropellants. (122) NIBTN (nitroisobutametriol trinitrate). (123) Nitrate sensitized with gelled nitroparaffin. (124) Nitrated carbohydrate explosive. (125) Nitrated glucoside explosive. (126) Nitrated polyhydric alcohol explosives. (127) Nitrates of soda explosive mixtures. (128) Nitric acid and a nitro aromatic compound explosive. (129) Nitric acid and carboxylic fuel explosive. (130) Nitric acid explosive mixtures. (131) Nitro aromatic explosive mixtures. (132) Nitro compounds of furane explosive mixtures. (133) Nitrocellulose explosive. (134) Nitroderivative of urea explosive mixture. (135) Nitrogelatin explosive. (136) Nitrogen trichloride. (137) Nitrogen tri-iodide. (138) Nitroglycerine (NG, RNG, nitro, glyceryl trinitrate, trinitroglycerine). (139) Nitroglycide. (140) Nitroglycol (ethylene glycol dinitrate, EGDN) (141) Nitroguanidine explosives. (142) Nitroparaffins Explosive Grade and ammonium nitrate mixtures. (143) Nitronium perchlorate propellant mixtures. (144) Nitrostarch. (145) Nitro-substituted carboxylic acids.

Page 427

(146) Nitrourea. (147) Octogen (HMX). (148) Octol (75% HMX, 25% TNT). (149) Organic amine nitrates. (150) Organic nitramines. (151) PBX (RDX and plasticizer). (152) Pellet powder. (153) Penthrinite composition. (154) Pentolite. (155) Perchlorate explosive mixtures. (156) Peroxide based explosive mixtures. (157) PETN (nitropentaerythrite, pentaerythrite tetranitrate, pentaerythritol tetranitrate). (158) Picramic acid and its salts. (159) Picramide. (160) Picrate of potassium explosive mixtures. (161) Picratol. (162) Picric acid (manufactured as an explosive). (163) Picryl chloride. (164) Picryl fluoride. (165) PLX (95% nitromethane, 5% ethylenediamine). (166) Polynitro aliphatic compounds. (167) Polyolpolynitrate-nitrocellulose explosive gels. (168) Potassium chlorate and lead sulfocyanate explosive. (169) Potassium nitrate explosive mixtures. (170) Potassium nitroaminotetrazole. (171) Pyrotechnic compositions. (172) PYX (2,6-bis(picrylamino))-3,5-dinitropyridine. (173) RDX (cyclonite, hexogen, T4,cyclo-1,3,5,-trimethylene-2,4,6,-rinitramine;hexahydro-1,3,5-trinitro-S-triazine).

Page 428

(174) Safety fuse. (175) Salutes, (bulk). (176) Salts of organic amino sulfonic acid explosive mixture. (177) Silver acetylide. (178) Silver azide. (179) Silver fulminate. (180) Silver oxalate explosive mixtures. (181) Silver styphnate. (182) Silver tartrate explosive mixtures. (183) Silver tetrazene. (184) Slurried explosive mixtures of water, inorganic oxidizing salt, gelling agent, fuel, and sensitizer, cap sensitive. (185) Smokeless powder. (186) Sodatol. (187) Sodium amatol. (188) Sodium azide explosive mixture. (189) Sodium dinitro-ortho-cresolate. (190) Sodium nitrate-potassium nitrate explosive mixture. (191) Sodium picramate. (192) Special fireworks. (193) Squibs. (194) Styphnic acid explosives. (195) Tacot (tetranitro-2,3,5,6-dibenzo-1,3a,4,6a tetrazapentalene). (196) TATB (triaminotrinitrobenzene). (197) TATP (triacetone triperoxide). (198) TEGDN (triethylene glycol dinitrate). (199) Tetrazene (tetracene, tetrazine, 1(5-tetrazolyl)-4-guanyl tetrazene hydrate). (200) Tetranitrocarbazole. (201) Tetryl (2,4,6 tetranitro-N-methylaniline).

Page 429

(202) Tetrytol. (203) Thickened inorganic oxidizer salt slurried explosive mixture. (204) TMETN (trimethylolethane trinitrate). (205) TNEF (trinitroethyl formal). (206) TNEOC (trinitroethylorthocarbonate). (207) TNEOF (trinitroethylorthoformate). (208) TNT (trinitrotoluene, trotyl, trilite, triton). (209) Torpex. (210) Tridite. (211) Trimethylol ethyl methane trinitrate composition. (212) Trimethylolthane trinitrate-nitrocellulose. (213) Trimonite. (214) Trinitroanisole. (215) Trinitrobenzene. (216) Trinitrobenzoic acid. (217) Trinitrocresol. (218) Trinitro-meta-cresol. (219) Trinitronaphthalene. (220) Trinitrophenetol. (221) Trinitrophloroglucinol. (222) Trinitroresorcinol. (223) Tritonal. (224) Urea nitrate. (225) Water bearing explosives having salts of oxidizing acids and nitrogen bases, sulfates, or sulfamates, cap sensitive. (226) Water-in-oil emulsion explosive compositions. (227) Xanthamonas hydrophilic colloid explosive mixture. 16-7-82. (a) It shall be unlawful for any person to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device except as provided in this article.

Page 430

(b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not less than three nor more than 20 years or, by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $25,000.00 nor more than $100,000.00 or not fewer than 5,000 nor more than 10,000 hours of community service or both. 16-7-83. (a) It shall be unlawful for any person who is under indictment for or who has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation to possess, manufacture, transport, distribute, possess with the intent to distribute, or offer to distribute a destructive device, detonator, explosive, poison gas, or hoax device. (b) It shall be unlawful for any person knowingly to distribute a destructive device, detonator, explosive, poison gas, or hoax device to any person: (1) Who he or she knows or should know is under indictment for or has been convicted of a felony by a court of this state, any other state, the United States including its territories, possessions, and dominions, or a foreign nation; or (2) Who he or she knows or should know has been adjudicated to be mentally incompetent or mentally ill by a court of this state, any other state, or the United States including its territories, possessions, and dominions. (c) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than 15 years or by a fine of not more than $25,000.00 or both or, if the defendant is a corporation, by a fine of not less than $10,000.00 nor more than $75,000.00 or not fewer than 1,000 nor more than 5,000 hours of community service or both. (d) Notwithstanding any other provision of law, the Department of Human Resources shall make available to any law enforcement agency or district attorney of this state such information as may be necessary to establish that a person has been adjudicated by any court to be mentally incompetent or mentally ill. (e) The provisions of this Code section shall not apply to: (1) Any person who has been pardoned for a felony by the President of the United States, the State Board of Pardons and Paroles, or the person or agency empowered to grant pardons under the constitution or laws of any other state or of a foreign nation and, by the terms of the pardon, has expressly been authorized to receive, possess, distribute,

Page 431

or transport a destructive device, explosive, poison gas, or detonator; or (2) A person who has been convicted of a felony, but who has been granted relief from the disabilities imposed by the laws of the United States with respect to the acquisition, receipt, transfer, shipment, or possession of explosives by the secretary of the United States Department of the Treasury pursuant to 18 U.S.C. 845, may apply to the Board of Public Safety for relief from the disabilities imposed by this Code section in the same manner as is provided in subsection (d) of Code Section 16-11-131. The Board may grant such relief under the same standards and conditions as apply to firearms. 16-7-84. (a) It shall be unlawful for any person to distribute or to offer to distribute a destructive device, explosive, poison gas, or detonator to any person who is under 21 years of age. (b) Any person convicted of a violation of this Code section shall be punished, in the case of an individual, by imprisonment for not less than one nor more than three years or by a fine of not more than $10,000.00; or both or, if the defendant is a corporation, by a fine of not more than $20,000.00 or not fewer than 3,000 hours of community service or both. 16-7-85. (a) It shall be unlawful for any person to manufacture, possess, transport, distribute, or use a hoax device or replica of a destructive device or detonator with the intent to cause another to believe that such hoax device or replica is a destructive device or detonator. (b) Any person convicted of a violation of this Code section shall be punished by imprisonment for not more than one year or by a fine of not more than $10,000.00; or both or, if the defendant is a corporation, a fine of not less than $1,000.00 or not fewer than 500 hours of community service or both for each such hoax device or replica; provided, however, that if such person communicates or transmits to another that such hoax device or replica is a destructive device or detonator with the intent to obtain the property of another person or to interfere with the ability of another person to conduct or carry on the ordinary course of business, trade, education, or government, such violation shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not more than $25,000.00; or both or, if the defendant is a corporation, a fine of not less than $50,000.00 or not fewer than 1,000 nor more than 10,000 hours of community service or both for each such hoax device or replica. 16-7-86. It shall be unlawful for any person to attempt or conspire to commit any offense prohibited by this article. Any person convicted of a violation of

Page 432

this Code section shall be punished by imprisonment or community service; by a fine; or by both such punishments not to exceed the maximum punishment prescribed for the offense the commission of which was the object of the attempt or conspiracy. 16-7-87. It shall be unlawful for any person knowingly to hinder or obstruct any explosive ordnance technician, law enforcement officer, fire official, emergency management official, animal trained to detect destructive devices, or any robot or mechanical device designed or utilized by a law enforcement officer, fire official, or emergency management official of this state or of the United States in the detection, disarming, or destruction of a destructive device. Any person convicted of a violation of this Code section shall be punished as provided in subsection (b) of Code Section 16-10-24. 16-7-88. (a) If a violation of this article was done with the intent to cause death or bodily injury to another or to cause physical damage to any public building which would require an expenditure of more than $500.00 to repair or replace, the court shall sentence the defendant to imprisonment for a term of years of not less than one-half the maximum term of imprisonment authorized by law, and no part of such sentence shall be probated, deferred, suspended or withheld. (b) Any other provision of law to the contrary notwithstanding, no person sentenced under the provision of subsection (a) of this Code section shall be eligible for early release, leave, work release, earned time, good time, or any other program administered by any agency of the executive or judicial branches of this state which would have the effect of reducing or mitigating such sentence until the defendant has completed the minimum sentence provided by subsection (a) of this Code section. 16-7-89. Each violation of the provisions of this article shall be considered a separate offense. 16-7-90. It shall be the duty of any person authorized by paragraph (1) or (2) of Code Section 16-7-93 to manufacture, possess, transport, distribute, or use a destructive device, detonator, explosive, or hoax device within the state: (1) To maintain such records as may be required pursuant to Title 25. Such records may be inspected by the commissioner or the director or such officers' designee or any law enforcement officer or fire official during normal business hours; and

Page 433

(2) To report promptly the loss or theft of any destructive device, detonator, explosive, or hoax device to the Georgia Bureau of Investigation. 16-7-91. The commissioner or director or such officers' designees or any law enforcement officer or fire official may obtain an inspection warrant as provided in Code Section 25-2-22.1 to conduct a search or inspection of: (1) Any person licensed pursuant to Title 25 to manufacture, possess, transport, sell, distribute, or use a destructive device or detonator within the state; (2) Any person licensed pursuant to Chapter 7 of Title 2 to manufacture, possess, transport, sell, or distribute or use pesticides; or (3) Any property where such pesticide, destructive device, or detonator is manufactured, possessed, transported, distributed, or used. 16-7-92. In any case where there is reason to believe that a destructive device, detonator, explosive, or hoax device has been manufactured, possessed, transported, distributed or used in violation of this article or Title 25 or that there has been an attempt or a conspiracy to commit such a violation, the Attorney General, any district attorney, the director, or such persons as may be designated in writing by such officials shall have the same power to compel the attendance of witnesses and the production of evidence before such official in the same manner as the state fire marshal as provided in Code Sections 25-2-27, 25-2-28 and 25-2-29. 16-7-93. The provisions of Code Sections 16-7-82, 16-7-84, 16-7-85 and 16-7-86 shall not apply to: (1) Any person authorized to manufacture, possess, transport, distribute, or use a destructive device or detonator pursuant to the laws of the United States, as amended, or pursuant to Title 25 when such person is acting in accordance with such laws and any regulations issued pursuant thereto; (2) Any person licensed as a blaster by the commissioner pursuant to Chapter 8 of Title 25, when such blaster is acting in accordance with the laws of the state and any regulations promulgated thereunder and any ordinances and regulations of the political subdivision or authority of the state where blasting operations are being performed; (3) Fireworks, as defined by Code Section 25-10-1 and any person authorized by the laws of this state and of the United States to

Page 434

manufacture, possess, distribute, transport, store, exhibit, display, or use fireworks; (4) A law enforcement, fire service, or emergency management agency of this state, any agency or authority of a political subdivision of this state, or the United States and any employee or authorized agent thereof while in performance of official duties and any law enforcement officer, fire official, or emergency management official of the United States or any other state while attending training in this state; (5) The armed forces of the United States or of this state; (6) Research or educational programs conducted by or on behalf of a college, university, or secondary school which have been authorized by the chief executive officer of such educational institution or his or her designee and which is conducted in accordance with the laws of the United States and of this state; (7) The use of explosive materials in medicines and medicinal agents in forms prescribed by the most recent published edition of the official United States Pharmacopia or the National Formulary; (8) Small arms ammunition and reloading components thereof; (9) Commercially manufactured black powder in quantities not to exceed fifty pounds, percussion caps, safety and pyrotechnic fuses, quills, quick and slow matches, and friction primers intended to be used solely for sporting, recreational, or cultural purposes in antique firearms or antique devices; or (10) An explosive which is lawfully possessed in accordance with the rules adopted pursuant to Code Section 16-7-95. 16-7-94. After consultation with the Commissioner of Agriculture or his or her designee, the Board of Public Safety may except by rule any explosive or quantity of explosive for use in legitimate agricultural activities. A copy of any such rule shall be furnished to the Commissioner of Agriculture. 16-7-95. (a) All property which is subject to forfeiture pursuant to paragraph (9) of subsection (a) of Code Section 16-13-49 which is, directly or indirectly, used or intended for use in any manner to facilitate a violation of this article or any proceeds derived or realized therefrom shall be considered contraband. Except as provided in subsection (b) of this Code section, such property may be seized and shall be forfeited to the state as provided in Code Section 16-13-49. A property interest shall not be subject to forfeiture under this Code section if the owner of such interest

Page 435

or interest holder establishes any of the provisions of subsection (e) of Code Section 16-13-49. (b) On application of the seizing law enforcement agency, the Superior Court may authorize the seizing law enforcement agency to destroy or transfer to any agency of this state or of the United States which can safely store or render harmless any destructive device, explosive, poison gas, or detonator which is subject to forfeiture pursuant to this Code section if the court finds that it is impractical or unsafe for the seizing law enforcement agency to store such destructive device, explosive, poison gas, or detonator. Such application may be made at any time after seizure. Any destruction authorized pursuant to this subsection shall be made in the presence of at least one credible witness or shall be recorded on film, video tape, or other electronic imaging method. Any such film, video tape, or other electronic imaging method shall be admissible as evidence in lieu of such destructive device, explosive, poison gas, or detonator. The court may also direct the seizing agency or an agency to which such destructive device, explosive, poison gas, or detonator is transferred to make a report of the destruction, take samples, or both. 16-7-96. (a) Photographs, video tapes, or other identification or analysis of a destructive device, explosive, poison gas, or detonator duly identified by an explosive ordnance disposal technician or a person qualified as a forensic expert in the area of destructive devices shall be admissible in any civil or criminal trial in lieu of the destructive device or detonator. (b) If a destructive device, explosive, poison gas, or detonator which has been rendered safe is introduced into evidence in any criminal or civil action, it shall be the duty of the clerk of court immediately to photograph the same and to transfer custody of the destructive device or detonator to the director or his or her designee or an explosive ordnance disposal technician. 16-7-97. The provisions of this article shall not apply to: (1) Fertilizers, propellant actuated devices, or propellant activated industrial tools manufactured, imported, distributed, or used for their intended purposes; or (2) A pesticide which is manufactured, stored, transported, distributed, possessed, or used in accordance with Chapter 7 of Title 2, the federal Insecticide, Fungicide, and Rodenticide Act, 61 Stat. 163, as amended, and the federal Environmental Pesticide Control Act of 1972, Pub. L. 92-516, as amended.

Page 436

SECTION 4. Said title is further amended by striking in its entirety paragraph (5) of subsection (a) of Code Section 16-8-12, relating to penalties for certain offenses, and inserting in lieu thereof the following: (5)(A) As used in this paragraph, the term: (i) `Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (ii) `Explosive' means an explosive as such term is defined by Code Section 16-7-80. (iii) `Firearm' means any rifle, shotgun, pistol, or similar device which propels a projectile or projectiles through the energy of an explosive. (B) If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years. SECTION 5. Said title is further amended by striking in its entirety Code Section 16-10-28, relating to transmitting a false public alarm, and inserting in lieu thereof the following: 16-10-28. (a) As used in this Code section, the term: (1) `Destructive device' means a destructive device as such term is defined by Code Section 16-7-80. (2) `Hazardous substance' means a hazardous substance as such term is defined by Code Section 12-8-92. (b) A person who transmits in any manner a false alarm to the effect that a destructive device or hazardous substance of any nature is concealed in such place that its explosion, detonation, or release would endanger human life or cause injury or damage to property, knowing at the time that there is no reasonable ground for believing that such a destructive device or hazardous substance is concealed in such place, commits the offense of transmitting a false public alarm and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 16-11-130, relating to exemptions from provisions relating to

Page 437

the carrying of a concealed weapon, and inserting in lieu thereof the following: (a) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any of the following persons if such persons are employed in the offices listed below or when authorized by federal or state law, regulations, or order: (1) Peace officers; (2) Wardens, superintendents, and keepers of correctional institutions, jails, or other institutions for the detention of persons accused or convicted of an offense; (3) Persons in the military service of the state or of the United States; (4) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the weapon is necessary for manufacture, transport, installation, and testing under the requirements of such contract; (5) District attorneys, investigators employed by and assigned to a district attorney's office, and assistant district attorneys; (6) State court solicitors; investigators employed by and assigned to a state court solicitor's office; assistant state court solicitors; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; (7) Those employees of the State Board of Pardons and Paroles when specifically designated and authorized in writing by the members of the State Board of Pardons and Paroles to carry a weapon; (8) The Attorney General and those members of his or her staff whom he or she specifically authorizes in writing to carry a weapon; (9) Chief probation officers, probation officers, intensive probation officers, and surveillance officers employed by and under the authority of the Department of Corrections pursuant to Article 2 of Chapter 8 of Title 42, known as the `State-wide Probation Act,' when specifically designated and authorized in writing by the director of Division of Probation; (10) Public safety directors of municipal corporations; (11) Explosive ordnance disposal technicians, as such term is defined by Code Section 16-7-80, and persons certified as provided in Code Section 35-8-13 to handle animals trained to detect explosives, while in the performance of their duties.

Page 438

(12) State and federal trial and appellate judges; (13) United States Attorneys and Assistant United States Attorneys; (14) County medical examiners and coroners and their sworn officers employed by county government; and (15) Clerks of the superior courts. SECTION 7. Said title is further amended by striking in its entirety subsection (c) of Code Section 16-12-123, relating to bus or rail vehicle hijacking and related matters, and inserting in lieu thereof the following: (c) Any person who has on or about his or her person or who has placed, attempted to place, or attempted to have placed aboard such bus or rail vehicle any destructive device, as such term is defined by Code Section 16-7-80, shall be guilty of a felony and, upon conviction thereof, shall be sentenced to imprisonment for not less than one nor more than 20 years. SECTION 8. Said title is further amended by striking in its entirety division (9)(A)(vi) of Code Section 16-14-3 relating to definitions relative to racketeer influenced organizations, and inserting in lieu thereof the following: (vi) Articles 3 and 4 of Chapter 7 of this title, relating to arson and destructive devices, respectively; SECTION 9. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking at the end of paragraph (7) of subsection (a) of Code Section 35-3-4, relating to the powers and duties of the Georgia Bureau of Investigation generally, the word and; by striking at the end of paragraph (8) of such subsection the symbol . and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of such subsection the following: (9) Identify and investigate violations of Article 4 of Chapter 7 of Title 16. SECTION 10. Said title is further amended by inserting at the end of Chapter 8, relating to the employment and training of peace officers, the following: 35-8-25. (a)(1) Any person who is employed by an agency or authority of this state or an agency or authority of a political subdivision of this state as a bomb technician, explosive ordnance disposal technician, handler

Page 439

of an animal trained to detect explosives, or any person who is assigned to such duties shall be required to complete successfully a training program prescribed by the council which shall consist of an initial training program, an apprenticeship, and annual recertification. (2) The council is authorized to award a distinctive device to persons certified as an explosive ordnance disposal technician or as a handler of an animal trained to detect explosives upon completion of the initial training program and apprenticeship period. The council may also establish and award distinctive devices for certified explosive ordnance disposal technicians who qualify as master or expert explosive ordnance disposal technicians. Such devices may be worn on any law enforcement officer's or fire official's uniform. (b)(1) The head of any law enforcement agency which employs one or more certified bomb technicians, explosive ordnance disposal technicians, or handlers of animals trained to detect explosives may establish a mutual aid agreement with any other law enforcement agency for the purpose of assisting with the detection, rendering safe, and disposal of destructive devices as such term is defined by Code Section 16-7-80. Any such mutual aid agreement shall be subject to approval of the governing authority of such law enforcement agency. (2) A political subdivision which is aided pursuant to this subsection shall reimburse the political subdivision providing the aid for any loss or damage to equipment other than fair wear and tear and shall pay any expenses incurred in the operation and maintenance of such equipment; provided, however, that no such claim shall be allowed unless, within 60 days after the same is sustained or incurred, the political subdivision providing the aid provides to the chief financial officer of the political subdivision receiving the aid an itemized notice of the claim made under oath. The political subdivision which received the aid shall also pay and reimburse the political subdivision furnishing the aid for any overtime compensation paid to any employee furnished under this Code section during the time of the rendering of the aid and shall defray the actual traveling and maintenance expenses of any employee while such employee was engaged in rendering the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid. (3) Unless otherwise expressly provided by its terms, a mutual aid agreement established pursuant to this subsection shall not be construed as superseding or amending any mutual aid agreement adopted pursuant to Chapter 6 of Title 25, Chapter 69 of Title 36, or Chapter 3 of Title 38 which applies to emergencies involving explosives or destructive devices.

Page 440

(c)(1) Whenever a bomb technician, explosive ordnance disposal technician, or handler of an animal trained to detect explosive devices employed by an agency or authority of local government provides assistance at the request of a state agency or authority, such person shall be considered an employee of this state for the purposes of Code Section 50-21-22, subsection (3) of Code Section 34-9-1, and Code Section 45-9-3. Such person shall also be entitled to reimbursement by the requesting agency or authority for actual expenses incurred in the same manner as other employees of the agency or authority. (2) A state agency or authority receiving assistance from an agency or authority of a local government shall reimburse such political subdivision for any loss or damage, other than fair wear and tear, to any equipment owned by such political subdivision. No claim for the loss, damage, or expense shall be allowed unless, within 60 days after the same is sustained or incurred, the local government submits an itemized notice of the claim under oath to the fiscal officer of the state agency or authority. (3) A state agency or authority which receives aid from a local government shall also pay and reimburse such political subdivision for any overtime compensation paid to an employee furnished under this Code section during the time of the rendering of the aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employee was engaged in rendering the aid. (d) An employee of a political subdivision or agency or authority thereof who is engaged in the rendering of outside aid pursuant to a mutual aid agreement adopted pursuant to this Code section shall have the same powers, duties, rights, privileges, and immunities as if such employee was engaged in the performing of his or her duties in the political subdivisions in which he or she is normally employed. SECTION 11. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996.

Page 441

LOCAL GOVERNMENT COUNTIES AND MUNICIPAL CORPORATIONS; MULTIYEAR LEASE, PURCHASE, AND LEASE PURCHASE CONTRACTS. Code Section 36-60-13 Amended. No. 742 (Senate Bill No. 567). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to revise and change certain provisions regarding multiyear lease, purchase, or lease purchase contracts; to provide for additional conditions, limitations, restrictions, and procedures in connection with such contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by striking Code Section 36-60-13, relating to multiyear lease, purchase, or lease purchase contracts, and inserting in its place a new Code Section 36-60-13 to read as follows: 36-60-13. (a) Each county or municipality in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the county or municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the county or municipality to terminate such contract, and the nature of such action shall be determined by the county or municipality and specified in the contract; (3) The contract shall state the total obligation of the county or municipality for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and

Page 442

(4) The contract shall provide that title to any supplies, materials, equipment, or other personal property shall remain in the vendor until fully paid for by the county or municipality. (b) In addition to the provisions enumerated in subsection (a) of this Code section, any contract authorized by this Code section may include: (1) A provision which requires that the contract will terminate immediately and absolutely at such time as appropriated and otherwise unobligated funds are no longer available to satisfy the obligations of the county or municipality under the contract; or (2) Any other provision reasonably necessary to protect the interests of the county or municipality. (c) Any contract developed under this Code section containing the provisions enumerated in subsection (a) of this Code section shall be deemed to obligate the county or municipality only for those sums payable during the calendar year of execution or, in the event of a renewal by the county or municipality, for those sums payable in the individual calendar year renewal term. (d) No contract developed and executed pursuant to this Code section shall be deemed to create a debt of the county or municipality for the payment of any sum beyond the calendar year of execution or, in the event of a renewal, beyond the calendar year of such renewal. (e) No contract developed and executed pursuant to this Code section may be delivered if the principal portion of such contract, when added to the amount of debt incurred by any county or municipality pursuant to Article IX, Section V, Paragraph I of the Constitution of Georgia, exceeds 10 percent of the assessed value of all taxable property within such county or municipality. (f) No contract developed and executed pursuant to this Code section may be delivered if the real or personal property being so financed has been the subject of a referendum which failed to receive the approval of the voters of the county or municipality within the immediately preceding four calendar years, unless such real or personal property is required to be financed pursuant to a federal or state court order, or imminent threat thereof, as certified by the governing authority of the county or municipality. (g) No contract developed and executed pursuant to this Code section with respect to the acquisition of real property may be delivered unless a public hearing has been held by the county or municipality after two weeks' notice published in a newspaper of general circulation within the county or municipality. (h) No contract developed and executed pursuant to this Code section with respect to real property may be delivered if the average annual

Page 443

payments on such contracts exceed 7.5 percent of the governmental fund revenues of the county or municipality for the calendar year preceding the delivery of such contract plus any available special county 1 percent sales and use tax proceeds collected pursuant to Code Section 48-8-111. (i) Any such contract may provide for the payment by the county or municipality of interest or the allocation of a portion of the contract payment to interest, provided that the contract is in compliance with this Code section. (j) Nothing in this Code section shall restrict counties or municipalities from executing reasonable contracts arising out of their proprietary functions. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. EVIDENCE MATTERS OF PROOF; UNAVAILABILITY OF AUTHENTICATING WITNESS; ADMISSIBILITY OF CERTAIN IMAGES AND RECORDINGS. Code Section 24-4-48 Enacted. No. 743 (House Bill No. 1235). AN ACT To amend Article 3 of Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, so as to provide for the admissibility of photographs, motion pictures, videotapes, and audio recordings as evidence; 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 4 of Title 24 of the Official Code of Georgia Annotated, relating to particular matters of proof, is amended by adding a new Code section at the end thereof to read as follows: 24-4-48. (a) For purposes of this Code section, `unavailability of a witness' includes situations in which the authenticating witness: (1) Is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the authentication;

Page 444

(2) Persists in refusing to testify concerning the subject matter of the authentication despite an order of the court to do so; (3) Testifies to a lack of memory of the subject matter of the authentication; (4) Is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or (5) Is absent from the hearing and the proponent of the authentication has been unable to procure the attendance of the authenticating witness by process or other reasonable means. An authenticting witness is not unavailable as a witness if his or her exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of an authentication for the purpose of preventing the witness from attending or testifying. (b) Subject to any other valid objection, photographs, motion pictures, videotapes, and and audio recordings shall be admissible in evidence when necessitated by the unavailability of a witness who can provide personal authentication and when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. (c) Subject to any other valid objection, photographs, motion pictures, videotapes, and audio recordings produced at a time when the device producing the items was not being operated by an individual person or was not under the personal control or in the presence of an individual operator shall be admissible in evidence when the court determines, based on competent evidence presented to the court, that such items tend to show reliably the fact or facts for which the items are offered. Provided further, that prior to the admission of such evidence the date and time of such photograph, motion picture or videotape recording shall be contained on such evidence and such date and time shall be shown to have been made contemporaneously with the events depicted in the photograph, videotape or motion picture. (d) This Code section shall not be the exclusive method of introduction into evidence of photographs, motion pictures, videotapes, and audio recordings but shall be supplementary to any other statutes and lawful methods existing in 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 2, 1996.

Page 445

LAW ENFORCEMENT OFFICERS AND AGENCIES MUNICIPAL AND COUNTY POLICE DEPARTMENTS' NOMENCLATURE ACT OF 1996 ENACTED; REGULATION OF USE OF MUNICIPAL AND COUNTY POLICE DEPARTMENT NOMENCLATURE AND SYMBOLS; PENALTIES; LAW ENFORCEMENT INTEGRITY ACT OF 1994 REPEALED. Code Title 35 Amended. No. 744 (House Bill No. 713). 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 any municipal or county police department's nomenclature or symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide procedures for seeking permission to use any municipal or county police department's nomenclature or symbols; to authorize the local governing authority of any municipality or county 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 damages for certain violations; to provide for criminal penalties; to provide that no law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name of law enforcement authority on its vehicles other than the name of the applicable county or municipality or the state; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended by striking in its entirety Chapter 10, known as the Law Enforcement Integrity Act of 1994, and inserting in lieu thereof a new Chapter 10 to read as follows: CHAPTER 10 35-10-1. This chapter shall be known and may be cited as the `Municipal and County Police Departments' Nomenclature Act of 1996.' 35-10-2. 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

Page 446

the public is dealing with any municipal or county police department or with a member thereof when in fact the individual or organization is not the municipal or county police department or a member thereof. Furthermore, the municipal or county police department, 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 department, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any municipal or county police department's name or any term used to identify the department or its members without the expressed permission of the local governing authority. The provisions of this chapter are in furtherance of the promotion of this policy. 35-10-3. As used in this chapter, the term: (1) `Badge' means any official badge used in the past or present by members of municipal or county police departments. (2) `Chief of police' means the chief of police for any municipal or county police department. (3) `Department' means any municipal or county police department. (4) `Director of public safety' means the director of public safety for any municipal or county police department. (5) `Emblem' means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (6) `Local governing authority' means, with respect to a county, the governing authority of the county and, with respect to a municipality, the governing authority of the municipality. (7) `Person' means any person, corporation, organization, or political subdivision of this state. (8) `Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. 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 chapter, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.

Page 447

35-10-4. Whoever, except with the express written permission of the local governing authority, knowingly uses words pertaining to a particular municipal or county police department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department shall be in violation of this chapter. 35-10-5. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter. 35-10-6. Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety shall send a notice with his or her recommendation to the local governing authority stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the chief of police or director or public safety, the local governing authority shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing authority does not respond within the 30 day time period, then the request is presumed to have been approved. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing authority under such conditions as the local governing authority may impose. 35-10-7. Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the local governing authority shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation.

Page 448

35-10-8. In addition to any other relief or sanction for a violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the local governing authority 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 local governing authority shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The local governing authority shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator. 35-10-9. 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 chapter 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. 35-10-10. Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense. 35-10-11. No law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name of law enforcement authority on its vehicles other than the name of the applicable county or municipality or 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 2, 1996.

Page 449

CRIMES AND OFFENSES FAMILY VIOLENCE BATTERY; PENALTIES; STATE COMMISSION ON FAMILY VIOLENCE; ACT APPROVED APRIL 16, 1992 (GA. L. 1992, P. 1810) AMENDED. Code Sections 16-5-23.1, 19-13-32, and 19-13-33 Amended. No. 746 (Senate Bill No. 610). AN ACT To amend Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, so as to define the offense of family violence battery; to prescribe the punishment for first and subsequent convictions of such offense; to amend Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, so as to provide for additional members; to provide for staggered terms of commission members; to change the length of terms; to authorize the members of the commission to determine the commission's quorum for conducting business; to amend an Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), so as to change a provision terminating the commission; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to criminal assault and battery, is amended by striking Code Section 16-5-23.1, relating to criminal battery, and inserting in its place a new Code section to read as follows: 16-5-23.1. (a) A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another. (b) As used in this Code section, the term `visible bodily harm' means bodily harm capable of being perceived by a person other than the victim and may include, but is not limited to, substantially blackened eyes, substantially swollen lips or other facial or body parts, or substantial bruises to body parts. (c) Except as provided in subsections (d), (e), (f), and (g) of this Code section, a person who commits the offense of battery is guilty of a misdemeanor. (d) Upon the second conviction for battery against the same victim, the defendant shall be punished by imprisonment for not less than ten days nor more than 12 months, by a fine not to exceed $1,000.00, or both. The minimum sentence of ten days for a second offense shall not be

Page 450

suspended, probated, deferred, stayed, or withheld; provided, however, that it is within the authority and discretion of the sentencing judge to: (1) Allow the sentence to be served on weekends by weekend confinement or during the nonworking hours of the defendant. A weekend shall commence and shall end in the discretion of the sentencing judge, and the nonworking hours of the defendant shall be determined in the discretion of the sentencing judge, or (2) Suspend, probate, defer, stay, or withhold the minimum sentence where there exists clear and convincing evidence that imposition of the minimum sentence would either create an undue hardship upon the defendant or result in a failure of justice. (e) Upon a third or subsequent conviction for battery against the same victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. The minimum sentence provisions contained in subsection (d) of this Code section shall apply to sentences imposed pursuant to this subsection. (f) If the offense of battery is committed between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household, then such offense shall constitute the offense of family violence battery and shall be punished as follows: (1) Upon a first conviction of family violence battery, the defendant shall be guilty of and punished for a misdemeanor. (2) Upon a second or subsequent conviction of family violence battery against the same or another victim, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years. In no event shall this subsection (f) be applicable to reasonable corporal punishment administered by parent to child. (g) Any person who commits the offense of battery in a public transit vehicle or station shall, upon conviction thereof, be punished for a misdemeanor of a high and aggravated nature. For purposes of this Code section, `public transit vehicle' has the same meaning as in subsection (c) of Code Section 16-5-20. SECTION 2. Article 3 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to the State Commission on Family Violence, is amended by striking in their entirety subsections (a) and (c) of Code Section 19-13-32, relating to the membership of the State Commission on Family Violence, and inserting in lieu thereof the following:

Page 451

(a) The State Commission on Family Violence shall consist of 37 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; (C) One person with expertise and interest regarding family violence involving persons who are 60 years of age or older; (D) One person with expertise and interest regarding family violence involving children; and (E) One representative from each of the following: (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.

Page 452

(c) Members serving on July 1, 1996, or persons appointed to complete the unexpired terms of members serving on July 1, 1996, shall complete the terms for which they were appointed. The term of appointment shall be three years for initial successors to members appointed in accordance with the following provisions of subsection (a) of this Code section: paragraph (2) and divisions (ii), (iv), (vi), (viii), (x), and (xii) of subparagraph (E) of paragraph (4). The term of appointment shall be three years for the initial members appointed in accordance with subparagraphs (a)(4)(C) and (a)(4)(D) of this Code section. Initial successors to judicial members appointed to represent even-numbered judicial administrative districts shall be appointed for terms of three years. Two of the initial successors for members appointed in accordance with subparagraph (a)(4)(B) this Code section shall be appointed for terms of three years. The term of appointment shall be two years for initial successors to all other members except those serving ex officio. The letter of appointment shall set out the term for which each member is appointed. Thereafter, each member shall be appointed for a term of two years, and no member may serve more than two consecutive terms. All vacancies shall be filled for the unexpired term by an appointee of the original appointing official. SECTION 3. Said article is further amended by striking in its entirety subsection (b) of Code Section 19-13-33, relating to the commission's meetings, quorum, and expenses, and inserting in lieu thereof the following: (b) A quorum for transacting business shall be determined by the members of the commission. SECTION 4. An Act creating the State Commission on Family Violence, approved April 16, 1992 (Ga. L. 1992, p. 1810), is amended by striking in its entirety Section 2, and inserting in lieu thereof the following: SECTION 2. The commission shall be terminated on January 1, 2002. SECTION 5. This Act shall become effective July 1, 1996, and Section 1 of this Act shall apply only with respect to offenses committed on or after that effective date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996.

Page 453

DOMESTIC RELATIONS CHILD SUPPORT; DENIAL OR SUSPENSION OF VARIOUS PROFESSIONAL OR BUSINESS LICENSES OR MOTOR VEHICLE DRIVERS' LICENSES FOR FAILURE TO COMPLY WITH CHILD SUPPORT ORDERS. Code Titles 2, 7, 12, 19, 26, 33, 40, and 43 Amended. No. 747 (Senate Bill No. 227). AN ACT To amend Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses so as to provide for the denial or suspension of a license for failure to comply with an order of child support; to amend Code Section 7-1-1017 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for mortgage lenders and brokers, so as to provide for the denial or suspension of a license for failure to comply with an order of child support; to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for definitions; to authorize a court as part of a contempt proceeding to order licensing entities to suspend the licenses or deny the application or renewal of a license for any person who is not in compliance with an order for child support; to amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to provide for definitions; to provide for the denial or suspension of a license for failure to comply with an order for child support; to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to provide for definitions; to provide for a certified state-wide list of persons who are not in compliance with an order for child support and for the issuance of such list to certain licensing entities; to authorize licensing entities to suspend or deny the licenses or applications for licenses for all persons whose names are on the certified list; to provide for notices, hearings, and administrative and judicial review relating to license suspension and denial; to provide for notices of release; to provide for forfeiture of certain fees; to provide for interagency agreements; to provide for a surcharge; to provide for a report; to provide for regulations; to change provisions relating to the form of the final judgment and decree in divorce cases; to provide that certain provisions shall be included only where applicable and otherwise need not be included; to provide that findings relating to child support shall not be required where child support is not in issue; to provide that certain procedural requirements relating to determination of child support shall not apply in divorce cases in which there are no minor children; to provide for related matters; to provide for an effective date and for applicability; to amend Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, so as to provide for the suspension of a license for failure to comply with an order

Page 454

of child support; to amend Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others; to amend Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, so as to provide for the suspension of a license for failure to comply with an order of child support; to amend Article 3 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to cancellation, suspension, and revocation of licenses, so as to provide for definitions; to provide for the denial of suspension of a diver's license for failure to comply with an order of child support; to amend Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to restricted driving permits; to provide for the issuance of a restricted driving permit to a person whose license has been suspended for failure to pay child support; to amend Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses by state examining boards; to provide for the denial of suspension of a driver's license for failure to comply with an order of child support; to amend Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the refusal of classification of real estate appraisers; so as to provide for definitions; to provide for the denial of suspension of a driver's license for failure to comply with an order of child support; to amend Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, to include as a ground for refusing to grant or suspend licenses the lack of compliance with an order for child support; to provide for hearing and appeal procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 2-7-102 of the Official Code of Georgia Annotated, relating to grounds for denial, suspension, and revocation of various pesticide licenses, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) The Commissioner may suspend any pesticide contractor's license or certified commercial pesticide applicator's license, or refuse to grant or renew either license upon notice to the Commissioner by either a court of competent jurisdiction or the child support agency within the Department of Human Resources that: (1) The applicant for or holder of either such license is not in compliance with an order for child support as defined in Code Section 19-6-28.1 or 19-11-9.3; and (2) The hearings and appeals procedures provided in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required under this article.

Page 455

SECTION 2. Code Section 7-1-1017 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for mortgage lenders and mortgage brokers, is amended by striking in its entirety paragraph (a) and inserting in lieu thereof the following: (a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article or for failure of the licensee or registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. SECTION 3. Chapter 6 of Title 19, relating to alimony and child support generally, is amended by adding immediately following Code Section 19-6-28 a new Code section to read as follows: 19-6-28.1. (a) As used in this Code section, the term: (1) `License' means a certificate, permit, registration, or any other authorization issued by the Department of Public Safety or any other licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation; (2) `Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the `Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons.

Page 456

(b) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the respondent has accumulated support arrears equivalent to or greater than the current support due for 60 days and that the respondent is licensed to conduct a trade, business, profession, or occupation, licensed to drive a motor vehicle, owns a motor vehicle which is registered in this state in his or her name, or is applying for the renewal or issuance of any such license or registration, the court may order the appropriate licensing or registering entity to suspend the license or registration or deny the application for such license and to inform the court of the actions it has taken pursuant to such proceedings. Evidence relating to the ability and willingness of the respondent to comply with an order of child support shall be considered by the court prior to the entry of any order under this Code section. (c) The court shall inform the respondent that competent proof for purposes of proving to a licensing or registering entity that the respondent is in compliance with the order for child support shall be written proof of payment by cash or a certified check, notice issued by the court, or notice from a child support receiver, if such receiver has been appointed. SECTION 4. Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by adding immediately following Code Section 12-6-49 the following: 12-6-49.1. (a) As used in this Code section, the term: (1) `Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act.' (2) `Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance. (3) `Proof of compliance' means the notice of release issued by the agency or a court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support. (b) The board shall suspend, as provided for in Code Sections 19-6-28.1 and 19-11-9.3, the license of any registered forester upon receipt of a

Page 457

record from the agency or a court of competent jurisdiction stating that such licensee is not in compliance with an order for child support. (c) The board shall deny the application or renewal, as provided in for Code Sections 19-6-28.1 and 19-11-9.3, of any applicant or licensee upon receipt of a record that such applicant or licensee is not in compliance with an order for child support from the agency or court of competent jurisdiction. (d) Notwithstanding any other provisions of law, the hearings and appeals procedures provided for in Code Section 19-6-28.1 or 19-11-9.3, where applicable, shall be the only such procedures required to suspend a license or deny the issuance or renewal of an application for a license under this part. SECTION 5. Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended by striking Code Section 19-5-12, relating to judgments in divorce cases, and inserting in its place a new Code section to read as follows: 19-5-12. (a) 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 (b) Where applicable, any one or more of the following clauses shall be included in the form of the judgment:

Page 458

(c) In any case which involves the determination of child support and only in such cases, the form of the judgment shall also include provisions substantially identical to the following: 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:

Page 459

Page 460

(d) 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. SECTION 6. Said title is further amended by striking subsection (a) of Code Section 19-6-15, relating to computation and award of child support, and inserting in its place a new subsection to read as follows: (a) The provisions of this Code section shall not apply with respect to any divorce case in which there are no minor children, except to the limited extent expressly authorized in subsection (e) of this Code section; and in a divorce case in which there are no minor children the requirements of this Code section for findings of fact and inclusion of findings in the verdict or decree shall not apply. 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 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

Page 461

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. SECTION 7. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by adding immediately following Code Section 19-11-9.2 a new Code section to read as follows: 19-11-9.3. (a) As used in this Code section, the term: (1) `Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to this article. (2) `Applicant' means any person applying for issuance or renewal of a license. (3) `Certified list' means a list provided by the agency of the names of support obligors found to be not in compliance with an order for child support in a case being enforced under this article. (4) `Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a support arrearage, or periodic payments on a reimbursement for public assistance. (5) `Delinquent obligor' means any obligor who is not in compliance with an order for child support and who appears on the agency's certified list.

Page 462

(6) `Department' means the Department of Human Resources. (7) `License' means a certificate, permit, registration, or any other authorization issued by any licensing entity that allows a person to operate a motor vehicle or to engage in a profession, business, or occupation. (8) `Licensee' means any person holding a license. (9) `Licensing entity' means any state agency, department, or board of this state which issues or renews any license, certificate, permit, or registration to authorize a person to drive a motor vehicle, or to engage in a profession, business, or occupation including those under Article 3 of Chapter 7 of Title 2, the `Georgia Pesticide Use and Application Act of 1976'; Article 13 of Chapter 1 of Title 7, relating to mortgage lenders and mortgage brokers; Part 2 of Chapter 6 of Title 12, relating to foresters; Part 3 of Chapter 4 of Title 26, relating to pharmacists; Chapter 23 of Title 33, relating to insurance agents, counselors, and other personnel; Chapter 1 of Title 43, relating to professions and businesses; Chapter 39A of Title 43, relating to real estate appraisers; or Chapter 40 of Title 43, relating to real estate brokers and salespersons. (b) The agency shall maintain a state-wide certified list of those persons included in any case enforced under this article for whom an order for child support has been rendered and who are not in compliance with that order. The certified list must be updated on a monthly basis. The agency shall submit to each licensing entity a certified list with the name, social security number, if known, date of birth, and last known address of each person on the list. (c) On or before January 1, 1997, all licensing entities shall implement procedures to accept and process the list provided by the agency in accordance with this Code section. (d) Promptly after receiving the certified list from the agency, all licensing entities shall determine whether an applicant or licensee is on the most recent certified list. If an applicant or licensee is on the certified list, the licensing entity shall immediately notify the agency. That notification shall include the applicant's or licensee's last known mailing address on file with the licensing entity. (e) After receiving notice from a licensing entity of applicants or licensees who are on the certified list, the agency shall immediately notify those individuals as specified in subsection (f) of this Code section of the agency's intent to request that all pertinent licensing entities suspend all licenses or withhold issuance or renewal of any license. (f) Notice for purposes of this Code section shall be initiated by the department. Notice to the delinquent obligor shall include the address

Page 463

and telephone number of the agency and shall inform the delinquent obligor of the agency's intent to submit the obligor's name to relevant licensing entities and to request that the licensing entities withhold issuance or renewal of the license, or suspend the license. Notice shall be sent by first class mail and receipt by the delinquent obligor may be presumed if the mailing is not returned to the department within 30 days from the date of mailing. The notice must also inform the delinquent obligor of the following: (1) The delinquent obligor has 20 days from the date of mailing to come into compliance with the order or to reach an agreement to pay the delinquency with the agency. If an agreement cannot be reached within that time or if the delinquent obligor does not respond within that time, the agency will send notice to the licensing entities requesting that the licenses be suspended or the licensure applications be denied; (2) The obligor may request an administrative hearing and judicial review of that hearing under subsection (g) of this Code section. A request for a hearing must be made in writing and must be received by the agency within 20 days of service of notice; and (3) If the delinquent obligor requests a hearing within 20 days of service, the department shall stay all action pending the hearing and any appeals. (g) If no response is received from the delinquent obligor by the department within 30 days from the date of mailing of the notice and the delinquent obligor is still shown as delinquent on the next month's list prepared pursuant to subsection (b) of this Code section, the department shall request one or more licensing entities to deny or suspend a license of the delinquent obligor. Each licensing entity shall notify the delinquent obligor by certified mail of the date that the license has been denied or suspended. (h) All delinquent obligors subject to the sanctions imposed in this Code section shall have the right to a hearing before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50. A delinquent obligor who requests a hearing within the time prescribed in subsection (f) of this Code section shall have the right to a hearing. The hearing shall be conducted as provided in Article 2 of Chapter 13 of Title 50 within 45 days after such demand is received. The only issues at the hearing will be the following: (1) Whether there is an order for child support being enforced pursuant to this article; (2) Whether the licensee or applicant is the obligor covered by that order;

Page 464

(3) Whether the support obligor is or is not in compliance with the order for child support; (4) Whether the support obligor shall be entitled to pay past due child support in periodic payments; and (5) Whether the support obligor has been able and willing to comply with such order for support. With respect to the issues listed in this subsection, evidence relating to the ability and willingness of an obligor to comply with such order for support shall be considered in making the decision to either suspend a license or deny the issuance or renewal of a license under this Code section. The administrative law judge shall be authorized to enter into an agreement or enter an order requiring such periodic payments and, in each event, the administrative law judge shall be authorized to issue a release for the obligor to obtain each license or licenses. Such an agreement will not act to modify an existing child support order, but rather only affects the payment of the arrearage. (i) The decision at the hearing shall be subject to appeal and judicial review pursuant to Article 2 of Chapter 13 of Title 50 but only as to those issues referred to in subsection (g) of this Code section. Notwithstanding any hearing requirements for suspension and denials within each licensing entity, the hearing and appeal procedures outlined in this Code section shall be the only hearing required to suspend a license or deny the issuance or renewal of a license under this Code section. (j) The department shall prescribe release forms for use by the agency. When the obligor is determined to be in compliance with an order for child support or is determined to be not in compliance with such order but has been determined in a hearing pursuant to subsection (g) of this Code section to be unable to comply with the order or to be not willfully out of compliance with such order, the agency shall mail to the delinquent obligor and the appropriate licensing entity a notice of release stating such determination. The receipt of a notice of release shall serve to notify the delinquent obligor and the licensing entity that, for the purpose of this Code section, he or she is in compliance with an order for child support, and the licensing entity shall promptly thereafter issue or reinstate the license, unless the agency, pursuant to subsection (b) of this Code section, certifies subsequent to the issuance of a notice of release that the delinquent obligor is once again not in compliance with an order for child support. (k) Any payments received by the department on behalf of a child support recipient under this Code section shall be forwarded to such recipient within 15 days after any such payment is received by the department. (l) The department may enter into interagency agreements with state agencies that have responsibility for the administration of licensing

Page 465

entities as necessary to implement this Code section. Those agreements shall provide for the receipt by other state agencies and boards of federal funds to cover that portion of costs allowable under federal law and regulation and incurred by state agencies and boards in implementing this Code section. (m) In furtherance of the public policy of increasing child support enforcement and collections, on or before January 1, 1998, the department shall make a report to the General Assembly and the Governor based on data collected by the boards and the department in a format prescribed by the department. The report shall contain all of the following: (1) The number of delinquent obligors certified by the agency under this Code section; (2) The number of delinquent obligors who also were applicants for issuance or renewal of a license or licensees subject to this Code section; (3) The number of new licenses and renewals that were denied subject to this Code section and the number of new licenses issued and renewals granted following a licensing entity's receipt of releases; (4) The number of licenses suspended subject to this Code section, and the number of licenses reissued following the licensing entity's receipt of releases; and (5) The amount of revenue collected by the department after sending notices pursuant to this Code section. (n) Any licensing entity receiving an inquiry as to the license status of an applicant who has had an application for issuance or renewal of a license denied under this Code section shall respond only that the license was suspended or the licensure application was denied pursuant to this Code section. (o) The department shall, and the licensing entities as appropriate may, adopt regulations necessary to implement this Code section. SECTION 8. Code Section 26-4-78 of the Official Code of Georgia Annotated, relating to the suspension or revocation of licenses for pharmacists, is amended by adding a new subsection (c) at the end thereof to read as follows: (c) The board shall have the power to suspend any license issued under this part when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the application for issuance or renewal of a license under this part when such applicant is not in compliance with a court order for child support as provided in either of

Page 466

such Code sections. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under this part. SECTION 9. Code Section 33-23-21 of the Official Code of Georgia Annotated, relating to grounds for refusal, suspension, or revocation of the licenses of insurance agents and others is amended by adding at the end thereof a new paragraph (19) to read as follows: (19) Is not in compliance with an order for child support as defined by Code Section 19-6-28.1 or 19-11-9.3; for violations of this paragraph only, any hearing and appeal procedures conducted pursuant to such Code Sections shall be the only such procedures required to suspend, deny, or revoke any license under this title. SECTION 10. Code Section 33-23-22 of the Official Code of Georgia Annotated, relating to notice of suspension or revocation of the licenses of insurance agents and others, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following: (a) Any license, other than a probationary license, may be suspended or revoked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the applicant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed in all cases except those cases pursuant to paragraph (19) of Code Section 33-23-21 which shall only require the hearings provided for in that paragraph. SECTION 11. Article 3 of Chapter 5 of Title 40, relating to cancellation, suspension, and revocation of licenses, is amended by adding immediately following Code Section 40-5-54 a new Code section to read as follows: 40-5-54.1. (a) As used in this Code section, the term: (1) `Agency' means the agency within the Department of Human Resources which is responsible for enforcing orders for child support pursuant to this article. (2) `Compliance with an order for child support' means, as set forth in a court order, administrative order, or contempt order for child support, the obligor is not more than 60 calendar days in arrears in making payments in full for current support, periodic payments on a

Page 467

support arrearage, or periodic payments on a reimbursement for public assistance. (3) `Proof of compliance' means the notice of release issued by the agency or court of competent jurisdiction stating that the delinquent obligor is in compliance with an order for child support. (b) The department shall suspend, as provided in Code Sections 19-6-28.1 and 19-11-9.3, the license of any driver upon receiving a record from the agency or a court of competent jurisdiction stating that such driver is not in compliance with an order for child support. (c) The suspension or denial of an application for issuance or renewal of a license shall be for an indefinite period and until such person shall provide proof of compliance with an order for child support. Such person's license shall be reinstated if the person submits proof of compliance with an order for child support from the agency or court of competent jurisdiction and pays a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail for the return of his or her license. (d) Any person who receives notice from the agency that his or her registration is subject to denial or suspension may request a hearing and appeal as provided for in Code Section 19-6-28.1 or 19-11-9.3. Notwithstanding any provisions of law to the contrary, the hearings and appeal procedures provided for in such Code sections shall be the only such procedures required for purposes of this Code section. (e) A person whose driver's license has been suspended pursuant to this Code section may apply to the Department of Public Safety for a restricted driving permit as provided in Code Section 40-5-71. SECTION 12. Code Section 40-5-71 of the Official Code of Georgia Annotated, relating to procedure upon notice of insurance cancellation; lapse fee; suspension of license; restricted driving permits, is amended by striking subsection (d) in its entirety and inserting in lieu thereof the following: (d) A person whose driver's license has been suspended pursuant to Code Section 40-5-70, 40-5-54.1, or this Code section or as a result of a conviction under Code Section 40-6-10 may apply to the Department of Public Safety for a restricted driving permit as provided in this Code section. A person whose driver's license was surrendered may apply to the department for a restricted driving permit immediately following the conviction or suspension. SECTION 13. Code Section 43-1-19 of the Official Code of Georgia Annotated, relating to grounds for refusing to grant or revoking licenses, is amended in

Page 468

subsection (a) by striking the word or at the end of paragraph (9), by striking the period and inserting ; or at the end of paragraph (10), and by adding a new paragraph (11) to read as follows: (11) Failed to comply with an order for child support as defined by Code Section 19-11-9.3; it shall be incumbent upon the applicant or licensee to supply a notice of release to the board from the child support agency within the Department of Human Resources indicating that the applicant or licensee has come into compliance with an order for child support so that a license may issue or be granted if all other conditions for licensure are met. SECTION 14. Code Section 43-39A-14 of the Official Code of Georgia Annotated, relating to the refusal of classification of real estate appraisers, is amended by adding at the end thereof a new subsection to read as follows: (j) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in such Code sections shall be the only such procedures required under this article. SECTION 15. Code Section 43-40-15 of the Official Code of Georgia Annotated, relating to the granting, revocation, or suspension of real estate licenses, is amended by adding at the end thereof the following subsection (k): (k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this chapter. SECTION 16. (a) This Act shall become effective July 1, 1996. (b) Sections 5 and 6 of this Act shall apply with respect to cases pending on its effective date, as well as with respect to cases initiated on or after that effective date. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996.

Page 469

MOTOR VEHICLES AND TRAFFIC CHILD SAFETY RESTRAINT REQUIREMENTS; MAXIMUM SPEED LIMITS; SEAT BELT REQUIREMENTS; PENALTIES. Code Title 40 Amended. No. 748 (Senate Bill No. 606). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide for zero assessment of a driver's operating record for violation of the child safety restraint law; to change the provisions relating to maximum lawful speed limits; to change provisions relating to mandatory use of child passenger restraining systems; to eliminate certain exceptions to such mandatory use; to change penalties; to prohibit cancellation of insurance or increase in insurance rates for such violations; to change provisions relating to use of safety belts in passenger vehicles; to change provisions relating to penalties for violations and reporting of violations; to provide for probable cause for violations; to provide that violations of seat belt requirements shall not constitute probable cause for violations of any other Code sections; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles, is amended by striking subparagraph (c)(1)(A) of Code Section 40-5-57, relating to suspension of driver's licenses and the point system of operating records, and inserting in its place a new subparagraph to read as follows: (c)(1)(A) Except as provided in subparagraph (C) of this paragraph, the points to be assessed for each offense shall be as provided in the following schedule: Reckless driving 4 points Unlawful passing of a school bus 6 points Improper passing on a hill or a curve 4 points Exceeding the speed limit by more than 14 miles per hour but less than 19 miles per hour 2 points Exceeding the speed limit by 19 miles per hour or more but less than 24 miles per hour 3 points Exceeding the speed limit by 24 miles per hour or more but less than 34 miles per hour 4 points

Page 470

Exceeding the speed limit by 34 miles per hour or more 6 points Disobedience of any traffic-control device or traffic officer 3 points Too fast for conditions 0 points Possessing an open container of an alcoholic beverage while driving 2 points Failure to adequately secure a load, except fresh farm produce, resulting in loss of such load onto the roadway which results in an accident 2 points Violation of child safety restraint requirements 0 points All other moving traffic violations which are not speed limit violations 3 points SECTION 1.1. Said title is further amended by striking subsection (b) of Code Section 40-6-181, relating to maximum lawful vehicle speed limits, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Consistent with the provision of engineering and traffic investigations regarding maximum speed limits as provided in Code Section 40-6-182, no person shall drive a vehicle at a speed in excess of the following maximum limits: (1) Thirty miles per hour in any urban or residential district; (1.1) Thirty-five miles per hour on an unpaved county road unless designated otherwise by appropriate signs; (2) Seventy miles per hour on a highway on the federal interstate system and on physically divided highways with full control of access which are outside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; (3) Sixty-five miles per hour on a highway on the federal interstate system which is inside of an urbanized area of 50,000 population or more, provided that such speed limit is designated by appropriate signs; (4) Sixty-five miles per hour on those sections of physically divided highways without full access control on the state highway system, provided that such speed limit is designated by appropriate signs; and (5) Fifty-five miles per hour in other locations.

Page 471

SECTION 2. Said title is further amended by striking Code Section 40-8-76, relating to safety belts and child passenger restraining systems, and inserting in its place a new Code section to read as follows: 40-8-76. (a) No new private passenger automobile manufactured after January 1, 1964, shall be sold to the general public in this state unless such automobile shall be equipped with two sets of safety belts for the front seat thereof. The safety belts may be installed by the manufacturer prior to delivery to the dealer, or they may be installed by the dealer. (b)(1) On and after July 1, 1984, every driver who transports a child four years of age or younger in a passenger automobile, van, or pickup truck, other than a taxicab as defined by Code Section 40-9-101 or a public transit vehicle as defined by Code Section 16-5-20, shall, while such motor vehicle is in motion and operated on a public road, street, or highway of this state, provide for the protection of such child in a child passenger restraining system approved by the United States Department of Transportation under Federal Motor Vehicle Safety Standard 213 in effect on January 1, 1983. A driver shall not be deemed to be complying with the provisions of this subsection unless the child passenger restraining system is installed and being used in accordance with the manufacturer's directions for such system. However, if the child is three or four years of age, a seat belt shall be sufficient to meet the requirements of this subsection. The provisions of this subsection shall not apply when immediate or emergency attention is required for the child's personal needs. (2) Upon a first conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $50.00. Upon a second or subsequent conviction of an offense under this subsection, the defendant shall be punished by a fine of not more than $100.00. No court shall impose any additional fees or surcharges to a fine for such a violation. The court imposing a fine for any violation of this Code section shall forward a record of the disposition of the cases annually to the Department of Public Safety for the sole purpose of data collection on a county by county basis. (c) It shall be the duty of the Governor's Office of Highway Safety to implement and coordinate a program to inform parents and other citizens of Georgia of the reasons for the enactment of subsection (b) of this Code section. Such program shall be carried out prior to January 1, 1997. The Governor's Office of Highway Safety shall solicit the cooperation and assistance of the Georgia State Patrol, the Georgia Sheriffs Association, the Georgia Association of Chiefs of Police, Incorporated, the Peace Officers' Association of Georgia, the Medical College of

Page 472

Georgia, the Georgia Hospital Association, the Georgia Association of Educators, the Georgia Parent-Teacher Association, and other appropriate organizations in educating the citizens of the state and in implementing, coordinating, and carrying out the program provided for herein. (d) Violation of this Code section shall not constitute negligence per se nor contributory negligence per se. Violation of child safety restraint requirements shall not be the basis for cancellation of coverage or increase in insurance rates. SECTION 3. Said title is further amended by striking Code Section 40-8-76.1, relating to use of safety belts in passenger vehicles, and inserting in lieu thereof the following: 40-8-76.1. (a) As used in this Code section, the term `passenger vehicle' means every motor vehicle designed to carry ten passengers or less and used for the transportation of persons but shall not mean pickup trucks, motorcycles, motor driven cycles, or vehicles equipped for off-road use, provided that the term `passenger vehicle' includes pickup trucks for any occupant who is under 18 years of age. (b) Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. (c) The requirement of subsection (b) of this Code section shall not apply to: (1) A driver or passenger frequently stopping and leaving the vehicle or delivering property from the vehicle, if the speed of the vehicle between stops does not exceed 15 miles per hour; (2) A driver or passenger possessing a written statement from a physician that such person is unable, for medical or physical reasons, to wear a seat safety belt; (3) A driver or passenger possessing an official certificate or license endorsement issued by the appropriate agency in another state or country indicating that the driver is unable for medical, physical, or other valid reasons to wear a seat safety belt; (4) A driver operating a passenger vehicle in reverse; (5) A passenger vehicle with a model year prior to 1965; (6) A passenger vehicle which is not required to be equipped with seat safety belts under federal law;

Page 473

(7) A passenger vehicle operated by a rural letter carrier of the United States Postal Service while performing duties as a rural letter carrier; (8) A passenger vehicle from which a person is delivering newspapers; or (9) A passenger vehicle performing an emergency service. (d) The failure of an occupant of a passenger vehicle to wear a seat safety belt in any seat of a passenger vehicle which has a seat safety belt shall not be considered evidence of negligence, shall not be considered by the court on any question of liability of any person, corporation, or insurer, shall not be any basis for cancellation of coverage or increase in insurance rates, and shall not diminish any recovery for damages arising out of the ownership, maintenance, occupancy, or operation of a passenger vehicle. (e)(1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, a person failing to comply with the requirements of subsection (b) of this Code section shall not be guilty of any criminal act and shall not be guilty of violating any ordinance. A violation of this Code section shall not be a moving traffic violation for purposes of Code Section 40-5-57. (2) A person failing to comply with the requirements of subsection (b) of this Code section shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall forward a record of the disposition of the case of failure to wear a seat safety belt to the Department of Public Safety. (3) Each minor over four years of age who is an occupant of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208. In any case where a minor passenger over four years of age fails to comply with the requirements of this paragraph, the driver of the passenger vehicle shall be guilty of the offense of failure to secure a safety belt on a minor and, upon conviction thereof, may be fined not more than $25.00. The court imposing such a fine shall forward a record of the court disposition of the case of failure to secure a safety belt on a minor to the Department of Public Safety. (f) Probable cause for violation of this Code section shall be based solely upon a law enforcement officer's clear and unobstructed view of a person not restrained as required by this Code section. Noncompliance with the restraint requirements of this Code section shall not constitute probable cause for violation of any other Code section.

Page 474

SECTION 4. This Act shall become effective July 1, 1996, and shall apply with respect to offenses committed on or after that date. The provisions of this Act shall not apply to or affect offenses committed prior to that effective date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. COURTS JUVENILE COURT PROCEEDINGS; DISPOSITIONAL ORDERS; PROTECTIVE ORDERS; TERMINATION OR SURRENDER OF PARENTAL RIGHTS; PLACEMENT OF CHILD. Code Title 15, Chapter 11 Amended. Code Sections 19-8-10 and 19-8-11 Amended. No. 749 (Senate Bill No. 611). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to change provisions relating to provision of reunification services when a deprived child is removed from the home; to state legislative findings; to change the duration of and review of certain custody orders; to provide that reunification services are not required when efforts to reunify a child with the child's family are not reasonable; to provide that certain factual findings shall create a presumption that reunification services are not appropriate; to provide for evidentiary standards and procedural matters; to provide for citizens review panel recommendations with respect to termination of parental rights under certain circumstances; to provide for the relationship between determination of reunification services and proceedings for termination of parental rights; to provide for juvenile court orders for the successful completion of a substance abuse program; to provide for certain placements of children after termination of parental rights only if such placements are in the best interest of the child; to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change the standard for termination of parental rights in certain circumstances; to change the standard for determining when surrender of parental rights is not required in certain circumstances; to provide for other related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Page 475

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, is amended by striking Code Section 15-11-41, relating to limitations on and continuation and implementation of dispositional orders, and inserting in its place a new Code Section to read as follows: 15-11-41. (a) Except as otherwise provided by law, an order of disposition committing a delinquent or unruly child to the Department of Children and Youth Services continues in force for two years or until the child is sooner discharged by the Department of Children and Youth Services. The court which made the order may extend its duration for an additional two years subject to like discharge, if: (1) A hearing is held upon motion of the Department of Children and Youth Services prior to the expiration of the order; (2) Reasonable notice of the factual basis of the motion and of the hearing and an opportunity to be heard are given to the child and the parent, guardian, or other custodian; and (3) The court finds that the extension is necessary for the treatment or rehabilitation of the child. (b) A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be contrary to the welfare of the child. The court shall also determine as a finding of fact whether reasonable efforts were made by the Division of Family and Children Services of the Department of Human Resources and any other appropriate agencies to prevent or eliminate the need for removal and to make it possible for the child to return to the child's home. Such findings shall also be made at every subsequent review of the court's order under this chapter. (c) Within 30 days of the date of removal of the child from the home and at each subsequent review of the disposition order, the Division of Family and Children Services of the Department of Human Resources must submit a written report to the court which shall either include a case plan for a reunification of the family or include a statement of the factual basis or bases for determining that a plan for reunification is not appropriate. Such report shall become a discrete part of the case record in a format determined by the Division of Family and Children Services of the Department of Human Resources and shall be made available to the parents or guardian of the foster child. The contents of the report shall be determined at a meeting to be held by the Division of Family and Children Services of the Department of Human Resources in consultation with the citizen review panel, if one is designated by the court for

Page 476

such purpose, and the parents and children, when available. The parents shall be given written notice of the meeting at least five days in advance and shall be advised that the report will be submitted to become an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the citizen review panel, if applicable, and any recommendations of the parents, if such are available. (d) If the report contains a plan for reunification services, such plan if adopted by the court shall be in effect until modification by the court. The plan shall address each reason requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and shall also include a description of the services offered and the services provided to prevent removal of the child from the home; (2) A discussion of how the plan is designed to achieve a placement in the least restrictive, most family-like setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child; (3) A clear description of the specific actions to be taken by the parents and the specific services to be provided by the Division of Family and Children Services of the Department of Human Resources or other appropriate agencies in order to bring about the identified changes that must be made in order for the child to be returned home; provided, however, that all services and actions required of the parents which are not directly related to the circumstances necessitating separation cannot be made conditions of the return of the child without further court review; (4) Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan; (5) The person within the Division of Family and Children Services of the Department of Human Resources or other agency which is directly responsible for ensuring that the plan is implemented; and (6) Consideration of the advisability of a reasonable visitation schedule which allows the parents to maintain meaningful contact with their children through personal visits, telephone calls, and letters. (e) If the submitted report contains a proposed plan for reunification services, and no hearing is requested as provided in this Code section, the court shall enter a dispositional order or supplemental order incorporating all elements of the plan for reunification services which the court finds essential to reunification of the child with his or her

Page 477

family, specifying what must be accomplished by all parties before reunification of the family can be achieved. If the report contains a plan for reunification services, a copy of the report must be transmitted to the parents at the same time the report is transmitted to the court, along with written notice that the report will be made the order of the court unless, within five days from the date the copy of the report was received, the parents request a hearing before the court to review the report. (f) If the report submitted to the court does not contain a plan for reunification services, upon proper notice being provided to the parents, the court shall, no later than 30 days following the filing of the report, hold a hearing to review the report and the determination that a plan for reunification services is not appropriate. (g) When a recommendation is made that reunification services are not appropriate and should not be allowed, the report shall address each reason requiring removal and shall contain at least the following: (1) The purpose for which the child was placed in foster care, including a statement of the reasons why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home and a description of the services offered and the services provided to prevent removal of the child from the home; and (2) A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81. (h) At the hearing held for the purpose of reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the representative of the Division of Family and Children Services shall notify the court whether and when it intends to proceed with termination of parental rights at that time. If the Division of Family and Children Services indicates that it does not intend to petition for the termination of parental rights, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. (i) When reviewing the determination by the Division of Family and Children Services of the Department of Human Resources that a reunification plan is not appropriate, the court shall determine by clear and convincing evidence whether reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated. There shall be a presumption that reunification services

Page 478

should not be provided if the court finds by clear and convincing evidence that: (1) The parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; (2) A child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; or (3) Any of the grounds for terminating parental rights exist, as set forth in subsection (b) of Code Section 15-11-81. (j) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date of original placement with the department or until sooner terminated by the court. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether the division intends to proceed with the termination of parental rights at that time. If the division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of the department, along with the department's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. (k) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements

Page 479

that the court finds essential in the proposed revised plan. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following: (1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions; (2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or (3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. In the event that the citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the department, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced. (l) The court which made the order may extend its duration for not more than two years if: (1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order, which hearing shall, after the making of appropriate findings of fact, determine the future status of the child including, but not limited to, whether the child should be returned to the parent or parents, should be continued in foster care for a specified period, should be placed for adoption, or should, because of the child's special needs or circumstances, be continued in foster care on a permanent or long-term basis and whether reunification services, if in effect, should be continued; and procedural safeguards shall be applied with respect to parental rights pertaining to the removal of the child from the home of his or her parents, to a change in the child's placement, and to any determination affecting visitation privileges of parents;

Page 480

(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and (3) The court finds that the extension is necessary to accomplish the purposes of the order extended. (m) Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years. The court may sooner terminate its order or extend its duration for further periods. An order of extension may be made if: (1) A hearing is held prior to the expiration of the order upon motion of a party or on the court's own motion; (2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; (3) The court finds that the extension is necessary to accomplish the purposes of the order extended; and (4) The extension does not exceed two years from the expiration of the prior order. (n) Except as provided in subsection (a) of this Code section, the court may terminate an order of disposition or extension prior to its expiration, on or without an application of a party, if it appears to the court that the purposes of the order have been accomplished. (o) Unless otherwise provided by law, when the child reaches 21 years of age all orders affecting him or her then in force terminate and he or she is discharged from further obligation or control. SECTION 2. Said chapter is further amended in subsection (a) of Code Section 15-11-57, relating to protective orders, by striking the word and at the end of paragraph (7), striking the period at the end of paragraph (8) and inserting the symbol and word ; and and by inserting a new paragraph (9) to read as follows: (9) To enter into and complete successfully a substance abuse program approved by the court. SECTION 3. Said chapter is further amended by striking subparagraphs (b)(4)(B) and (b)(4)(C) of Code Section 15-11-81, relating to grounds for termination of parental rights, and inserting in their place new subparagraphs to read as follows:

Page 481

(B) In determining whether the child is without proper parental care and control, the court shall consider, without being limited to, the following: (i) A medically verifiable deficiency of the parent's physical, mental, or emotional health of such duration or nature as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; (ii) Excessive use of or history of chronic unrehabilitated abuse of intoxicating liquors or narcotic or dangerous drugs or controlled substances with the effect of rendering the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; (iii) Conviction of the parent of a felony and imprisonment therefor which has a demonstrable negative effect on the quality of the parent-child relationship; (iv) Egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature; (v) Physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent; and (vi) Injury or death of a sibling under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. (C) In addition to the considerations in subparagraph (B) of this paragraph, where the child is not in the custody of the parent who is the subject of the proceedings, in determining whether the child is without proper parental care and control, the court shall consider, without being limited to, whether the parent without justifiable cause has failed significantly for a period of one year or longer prior to the filing of the petition for termination of parental rights: (i) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; (ii) To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents. SECTION 4. Said chapter is further amended in Code Section 15-11-90, relating to placement of a child after termination of parental rights, by striking in its

Page 482

entirety paragraph (1) of subsection (a) and inserting in lieu thereof the following: (a)(1) If, upon the entering of an order terminating the parental rights of a parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court. A placement shall be made under the terms of this paragraph only if such a placement is in the best interest of the child. SECTION 5. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsection (b) of Code Section 19-8-10, relating to when surrender or termination of parental rights is not required and service in such instances, and inserting in lieu thereof the following: (b) Surrender of rights of a parent pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7 shall not be required as a prerequisite to the filing of a petition for adoption of a child of that parent pursuant to Code Section 19-8-13, if that parent, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed: (1) To communicate or to make a bona fide attempt to communicate with that child in a meaningful, supportive, parental manner; or (2) To provide for the care and support of that child as required by law or judicial decree, and the court is of the opinion that the adoption is for the best interests of that child. SECTION 6. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 19-8-11, relating to petitions for termination of parental rights and service of process, and inserting in lieu thereof the following: (3) Parental rights may be terminated pursuant to paragraph (1) or (2) of this subsection where: (A) The child has been abandoned by that parent;

Page 483

(B) That parent of the child cannot be found after a diligent search has been made; (C) That parent is insane or otherwise incapacitated from surrendering such rights; or (D) That parent does not have physical custody of the child and, for a period of one year or longer immediately prior to the filing of the petition for adoption, without justifiable cause, has significantly failed to communicate with the child in a meaningful, supportive, parental manner, and the court shall set the matter down to be heard in chambers not less than 30 and not more than 60 days following the receipt by such remaining parent of the notice under subsection (b) of this Code section and shall enter an order terminating such parental rights if it so finds and if it is of the opinion that adoption is in the best interests of the child. SECTION 7. This Act shall become effective on July 1, 1996, and shall apply with respect to proceedings pending on that date as well as proceedings filed on or after that date. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. CRIMES AND OFFENSES PROHIBITION ON SALE OF CIGARETTES AND TOBACCO RELATED OBJECTS TO MINORS; DUTY OF SELLER TO REQUEST AND VERIFY IDENTIFICATION OF PURCHASER IN CERTAIN CIRCUMSTANCES. Code Section 16-12-171 Amended. No. 750 (House Bill No. 1365). AN ACT To amend Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, so as to provide for stricter regulations on the sale of cigarettes and tobacco related objects to minors; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 484

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-12-171 of the Official Code of Georgia Annotated, relating to prohibitions on the sale or distribution to, or the possession by, minors of cigarettes and tobacco related objects, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a)(1) It shall be unlawful for any person knowingly to: (A) Sell or barter, directly or indirectly, any cigarettes or tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2)(A) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes, tobacco products, or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes, tobacco products, or tobacco related objects are sold is 18 years of age or older. (B) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom cigarettes or tobacco related objects are to be sold or otherwise furnished is actually 18 years of age or older, it shall be the duty of the person selling or otherwise furnishing such cigarettes or tobacco related objects to request to see and to be furnished with proper identification as provided for in subsection (b) of this Code section in order to verify the age of such person; provided, further, that the failure to make such request and verification in any case where the person to whom the cigarettes or tobacco related objects are sold or otherwise furnished is less than 18 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such cigarettes or tobacco related objects did so knowingly. (3) Any person who violates this subsection shall be guilty of a misdemeanor. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996.

Page 485

INSURANCE PATIENT PROTECTION ACT OF 1996 ENACTED; MANAGED HEALTH CARE PLAN REGULATION; HEALTH MAINTENANCE ORGANIZATIONS; DISCLOSURES TO ENROLLEES; EMERGENCY SERVICES PROVIDED TO PATIENTS; PRESCRIPTION DRUGS FOR PATIENTS. Code Title 33, Chapter 20A Enacted. Code Sections 33-21-1 and 33-21-13 Amended. Code Section 33-21-18.1 Enacted. No. 751 (House Bill No. 1338). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to enact the Patient Protection Act; to state legislative findings; to define terms; to provide for certification and regulation of managed health care plans by the Commissioner of Insurance; to require certain disclosures to enrollees in such plans; to specify certain standards with respect to access to health care services by enrollees; to specify certain standards with respect to quality assurance programs of such plans; to prohibit financial incentives which limit medically necessary and appropriate care; to prohibit plans from penalizing a physician or health care provider for discussing medically necessary or appropriate health care; to provide for certain conditions under which coverage must be provided for certain benefits; to specify standards for accuracy and confidentiality of patient records; to change the provisions relating to definitions regarding health maintenance organizations; to require certain disclosures to enrollees in health maintenance organizations; to require certain coverage in health benefit plans; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 20 a new Chapter 20A to read as follows: CHAPTER 20A 33-20A-1. This chapter shall be known and may be cited as the `Patient Protection Act of 1996.' 33-20A-2. (a) The General Assembly finds and declares that it is a vital government concern that the citizens of the State of Georgia have access to quality health care services and that informed consumers will be better

Page 486

able to identify and select plans that offer quality health care services if they are provided specific information before they enroll in health care plans. As the health care market becomes increasingly dominated by health care plans that use managed care techniques that include decisions as to the appropriateness of care, the General Assembly finds and declares that it is a vital government function to protect patients from managed care practices which have the effect of denying or limiting appropriate care. The General Assembly further finds that it is the public policy of the State of Georgia that physicians and health care providers be encouraged to advocate for medically appropriate health care for their patients. (b) To achieve these ends, the General Assembly declares it necessary for the Commissioner of Insurance to certify qualified managed care plans to conduct business in the State of Georgia and for the Commissioner of Insurance to establish standards for such certification. 33-20A-3. As used in this chapter, the term: (1) `Commissioner' means the Commissioner of Insurance. (2) `Emergency services' or `emergency care' means those health care services that are provided for a condition of recent onset and sufficient severity, including but not limited to severe pain, that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (2.1) `Enrollee' means an individual who has elected to contract for or participate in a managed care plan for that individual or for that individual and that individual's eligible dependents. (3) `Health care provider' or `provider' means any physician, dentist, podiatrist, pharmacist, optometrist, psychologist, clinical social worker, advance practice nurse, registered optician, licensed professional counselor, physical therapist, marriage and family therapist, chiropractor, occupational therapist, speech language pathologist, audiologist, dietitian, or physician's assistant. (4) `Limited utilization incentive plan' means any compensation arrangement between the plan and a health care provider or provider group that has the effect of reducing or limiting services to patients.

Page 487

(5) `Managed care contractor' means a person who: (A) Establishes, operates, or maintains a network of participating providers; (B) Conducts or arranges for utilization review activities; and (C) Contracts with an insurance company, a hospital or medical service plan, an employer, an employee organization, or any other entity providing coverage for health care services to operate a managed care plan. (6) `Managed care entity' includes an insurance company, hospital or medical service plan, hospital, health care provider network, physician hospital organization, health care provider, health maintenance organization, health care corporation, employer or employee organization, or managed care contractor that offers a managed care plan. (7) `Managed care plan' means a major medical, hospitalization, or dental plan that provides for the financing and delivery of health care services to persons enrolled in such plan through: (A) Arrangements with selected providers to furnish health care services; (B) Explicit standards for the selection of participating providers; and (C) Cost savings for persons enrolled in the plan to use the participating providers and procedures provided for by the plan; provided, however, that the term `managed care plan' does not apply to Chapter 9 of Title 34, relating to workers' compensation. (8) `Out of network' or `point of service' refer to health care items or services provided to an enrollee by providers who do not belong to the provider network in the managed care plan. (8.1) `Patient' means a person who seeks or receives health care services under a managed care plan. (9) `Qualified managed care plan' means a managed care plan that the Commissioner certifies as meeting the requirements of this chapter. 33-20A-4. (a) In addition to other requirements of law, prior to offering a managed care plan to any resident in Georgia, a managed care entity must first obtain a certificate from the Commissioner of Insurance indicating that such managed care plan meets the requirements of this chapter. The Commissioner may impose such costs, by rule or regulation,

Page 488

on managed care entities as deemed necessary to carry out the provisions of this chapter. (b) The Commissioner shall establish procedures for the periodic review and recertification of qualified managed care plans. (c) The Commissioner shall terminate the certification of a qualified managed care plan, revoke or suspend the license of a managed care entity, or in lieu thereof impose a monetary penalty in accordance with Chapter 2 of this title, if the Commissioner determines that such plan no longer meets the applicable requirements for certification or violates any provision of this chapter. Before effecting any such sanction, the Commissioner shall provide the plan with notice and opportunity for a hearing on the proposed sanctions. Nothing in this Code section shall be construed as precluding other remedies at law. (d) The Commissioner shall establish a process for certification through alternative methods providing that: (1) An eligible organization, as defined in Section 1876(b) of the federal Social Security Act, shall be deemed to meet the requirements of subsections (a) and (b) of this Code section for certification as a qualified managed care plan; or (2) If the Commissioner finds that a national accreditation body has established requirements for accreditation of a managed care entity which offers a managed care plan that are at least equivalent to the requirements established under this chapter and that the eligible organization and its plans comply with the requirements of such national accreditation body, then such organization and its plans shall be deemed to meet the requirements of subsections (a) and (b) of this Code section. 33-20A-5. The Commissioner shall establish standards for the certification of qualified managed care plans that conduct business in this state. Such standards must include the following provisions: (1) DISCLOSURE TO ENROLLEES AND PROSPECTIVE ENROLLEES. (A) A managed care entity shall disclose to enrollees and prospective enrollees who inquire as individuals into a plan or plans offered by the managed care entity the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure of information under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers:

Page 489

(i) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided; (ii) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the patient's being denied coverage or provision of a particular service; (iii) Potential liability for cost-sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (iv) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network); (v) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request; (vi) Enrollee rights and responsibilities, including an explanation of the grievance process provided under this chapter; (vii) An explanation of what constitutes an emergency situation and what constitutes emergency services; (viii) The existence of any limited utilization incentive plans; (ix) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; (x) The existence of limitations on choices of health care providers; (xi) A statement as to where and in what manner additional information is available; and (xii) A statement that a summary of the number, nature, and outcome results of grievances filed in the previous three years shall be available for inspection. Copies of such summary shall be made available at reasonable costs. (B) Such information shall be disclosed to each enrollee under this chapter at the time of enrollment and at least annually thereafter. (C) Any managed care plan licensed under Chapter 21 of this title is deemed to have met the certification requirements of this paragraph;

Page 490

(2) ACCESS TO SERVICES. A managed care entity must demonstrate that its plan: (A) Makes benefits available and accessible to each enrollee electing the managed care plan in the defined service area with reasonable promptness and in a manner which promotes continuity in the provision of health care services; (B) When medically necessary provides health care services 24 hours a day and seven days a week; and (C) Provides payment or reimbursement for emergency services and out-of-area services; and (3) QUALITY ASSURANCE PROGRAM. A managed care plan shall comply with the following requirements: (A) A managed care plan must have arrangements, established in accordance with regulations of the Commissioner, for an ongoing quality assurance program for health care service it provides to such individuals; and (B) The quality assurance program shall: (i) Provide for a utilization review program which, in addition to the requirements of Chapter 46 of this title: (I) Stresses health outcomes; (II) Provides for the establishment of written protocols for utilization review, based on current standards of the relevant health care profession; (III) Provides review by physicians and appropriate health care providers of the process followed in the provision of such health care services; (IV) Monitors and evaluates high volume and high risk services and the care of acute and chronic conditions; (V) Evaluates the continuity and coordination of care that enrollees receive; and (VI) Has mechanisms to detect both underutilization and overutilization of services; and (ii) Establish a grievance procedure which provides the enrollee with a prompt and meaningful hearing on the issue of denial, in whole or in part, of a health care treatment or service or claim therefor. Such hearing shall be conducted by a panel of not less than three persons, at least one member of which shall be a physician other than the medical director of the plan and at least one member of which shall be a health care provider competent

Page 491

by reason of training and licensure in the treatment or procedure which has been denied. The enrollee shall be provided prompt notice in writing of the outcome of the grievance procedure. In the event the outcome of the grievance is favorable to the enrollee, appropriate relief shall be granted without delay. In the event the outcome is adverse to the enrollee, the notice shall include specific findings related to the care, the policies and procedures relied upon in making the determination, the physician's and provider's recommendations, including any recommendations for alternative procedures or services, and a description of the procedures, if any, for reconsideration of the adverse decision. 33-20A-6. A managed care plan may not use a financial incentive program that directly compensates a health care provider for ordering or providing less than medically necessary and appropriate care to his or her patients. Nothing in this Code section shall be deemed to prohibit a managed care entity from using a capitated payment arrangement consistent with the intent of this Code section. 33-20A-7. No health care provider may be penalized for discussing medically necessary or appropriate care with or on behalf of his or her patient. 33-20A-8. Each managed care plan shall establish procedures to safeguard the privacy of individually identifiable patient information and to maintain accurate and timely records for patients. 33-20A-9. Every managed care plan shall include provisions that: (1) In the event that a patient seeks emergency services and if necessary in the opinion of the emergency health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by the managed care entity or managed care plan. If in the opinion of the emergency health care provider, a patient's condition has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggravating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and

Page 492

(2) When a managed care plan uses a restrictive formulary for prescription drugs, such use shall include a written procedure whereby patients can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when: (A) The formulary's equivalent has been ineffective in the treatment of the patient's disease or condition; or (B) The formulary's drug causes or is reasonably expected to cause adverse or harmful reactions in the patient. 33-20A-10. Nothing in this chapter shall apply to Chapter 9 of Title 34, relating to workers' compensation. SECTION 1.2. Said title is further amended by striking paragraph (2) of Code Section 33-21-1, relating to definitions regarding health maintenance organizations, and inserting in its place the following: (2) `Enrollee' means an individual who has elected to contract for or participate in a health benefits plan for that individual or for that individual and that individual's eligible dependents. SECTION 1.3. Said title is further amended by adding immediately following paragraph (7) of said Code section a new paragraph to read as follows: (7.1) `Patient' means a person who seeks or receives health care services from a health maintenance organization. SECTION 2. Said title is further amended in Code Section 33-21-13, relating to evidence of coverage under a health maintenance organization, by striking paragraph (3) of subsection (c) in its entirety and inserting in its place the following: (3) A disclosure to enrollees and prospective enrollees who inquire as individuals into the plan or plans offered by the health maintenance organization the information required by this paragraph. In the case of an employer negotiating for a health care plan or plans on behalf of his or her employees, sufficient copies of disclosure information shall be made available to employees upon request. Disclosure under this paragraph shall be readable, understandable, and on a standardized form containing information regarding all of the following for each plan it offers: (A) The health care services or other benefits under the plan offered as well as limitations on services, kinds of services, benefits, or kinds of benefits to be provided;

Page 493

(B) Rules regarding copayments, prior authorization, or review requirements including, but not limited to, preauthorization review, concurrent review, postservice review, or postpayment review that could result in the enrollee's being denied coverage or provision of a particular service; (C) Potential liability for cost sharing for out of network services, including but not limited to providers, drugs, and devices or surgical procedures that are not on a list or a formulary; (D) The financial obligations of the enrollee, including premiums, deductibles, copayments, and maximum limits on out-of-pocket expenses for items and services (both in and out of network); (E) The number, mix, and distribution of participating providers. An enrollee or a prospective enrollee shall be entitled to a list of individual participating providers upon request; (F) Enrollee rights and responsibilities, including an explanation of the grievance process provided under Chapter 20A of this title; (G) An explanation of what constitutes an emergency situation and what constitutes emergency services, as defined in Chapter 20A of this title; (H) The existence of any limited utilization incentive plans as defined in Chapter 20A of this title; (I) The existence of restrictive formularies or prior approval requirements for prescription drugs. An enrollee or a prospective enrollee shall be entitled, upon request, to a description of specific drug and therapeutic class restrictions; and (J) The existence of limitations on choices of health care providers. SECTION 3. Said title is further amended in Chapter 21, relating to health maintenance organizations, by adding after Code Section 33-21-18 a new Code Section 33-21-18.1 to read as follows: 33-21-18.1. Every health benefits plan of every health maintenance organization shall include provisions that: (1) In the event a patient seeks emergency services and if necessary in the opinion of the health care provider responsible for the patient's emergency care and treatment and warranted by his or her evaluation, such emergency provider may initiate necessary intervention necessary to stabilize the condition of the patient without seeking or receiving prospective authorization by the health maintenance organization

Page 494

or health benefits plan. If in the opinion of the emergency health care provider a patient's condition has stabilized and the emergency health care provider certifies that the patient can be transported to another facility without suffering detrimental consequences or aggravating the patient's condition, the patient may be relocated to another facility which will provide continued care and treatment as necessary; and (2) When a health maintenance organization uses a restrictive formulary for prescription drugs, such use shall include a written procedure whereby patients can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when: (A) The formulary's equivalent has been ineffective in the treatment of the patient's disease or condition; or (B) The formulary's drug causes or is reasonably expected to cause adverse or harmful reactions in the patient. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. EDUCATION FINANCING UNDER QUALITY BASIC EDUCATION ACT; DETERMINATION OF FUNDS TO BE APPROPRIATED; PROGRAM WEIGHTS FOR INSTRUCTIONAL PROGRAMS; SALARY INCREASES FOR TEACHERS WHO OBTAIN NATIONAL CERTIFICATION. Code Sections 20-2-160 and 20-2-161 Amended. Code Section 20-2-212.2 Enacted. No. 752 (House Bill No. 1785). AN ACT To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the Quality Basic Education Act, so as to add a provision dealing with the appropriation of funds for any fiscal year beginning July 1, 1996; 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 amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, so as to provide for a salary increase for those persons who have received certification from the National Board for Professional Teaching Standards; to

Page 495

provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the Quality Basic Education Act, is amended by adding to the end of Code Section 20-2-160, relating to the determination of funds to be appropriated, a new subsection (f) to read as follows: (f) For any fiscal year beginning July 1, 1996, the maximum number of full-time equivalent students eligible for funding in any school system for the high school nonvocational laboratory program shall be equal to no more than 30 percent of the sum of those students counted in the programs specified in paragraphs (5), (6), and (7) of subsection (b) of Code Section 20-2-161. Full-time equivalent students in excess of this 30 percent number shall be counted in the high school general education program. 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, 1996. (b) Said part 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 1.3175 (2) Primary grades program (1-3) 1.2398 (3) Upper elementary grades program (4-5) 1.0074 (4) Middle grades program (6-8) 1.0122 (5) High school general education program (9-12) 1.0000 (6) High school nonvocational laboratory program (9-12) 1.1580 (7) Vocational laboratory program (9-12) 1.2643

Page 496

(8) Program for persons with disabilities: Category I 2.3359 (9) Program for persons with disabilities: Category II 2.7174 (10) Program for persons with disabilities: Category III 3.4517 (11) Program for persons with disabilities: Category IV 5.5687 (12) Program for persons with disabilities: Category V 2.4229 (13) Program for intellectually gifted students: Category VI 1.6366 (14) Remedial education program 1.2884 SECTION 3. Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers, is amended by adding a new Code Section 20-2-212.2 to read as follows: 20-2-212.2. (a) As used in this Code section, `national certification' means certification obtained from the National Board for Professional Teaching Standards. (b) Any person who: (1) Is currently teaching in a Georgia public school and holds a valid Georgia teaching certificate; (2) Has completed three years of teaching in Georgia public schools prior to receiving national certification; (3) Has not previously received state funds for participating in any certification area in the national certification program; and (4) Has successfully completed the prerequisite portfolio of student work and examination and has received national certification shall receive a 5 percent rate increase in state salary. Such increase shall be awarded on the commencement of the school year following such certification. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. (c) The national certification program participation fee shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to subsection (a) of this Code section. (d) A teacher for whom the State of Georgia pays the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the certification fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher.

Page 497

SECTION 4. This Act shall become effective on July 1, 1996. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT ENACTED; CONTINGENT REPEAL OF INTERSTATE CIVIL DEFENSE AND DISASTER COMPACT. Code Sections 38-3-73, 38-3-80, and 38-3-81 Enacted. No. 753 (Senate Bill No. 387). AN ACT To amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to enact the Southern Regional Emergency Management Compact; to provide a short title; to provide for the purpose and authorities of said compact; to provide for general implementation; to provide for the responsibilities of each state which is a party to the compact; to provide for limitations; to provide for licenses and permits; to provide for liabilities and immunities; to provide for supplementary agreements; to provide for compensation and death benefits for members of emergency forces of the states; to provide for reimbursement to states rendering aid; to provide for the orderly evacuation and interstate reception of portions of a state's population; to provide for evacuation plans; to provide for implementation; to provide for validity; to provide for limitations with respect to the use of military force by the National Guard of a state at any place outside of such state; to provide for the repeal of the Interstate Civil Defense and Disaster Compact under certain conditions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, is amended by adding at the end of Article 4, known as the Interstate Civil Defense and Disaster Compact, a new Code Section 38-3-73 to read as follows: 38-3-73. This article shall remain effective unless and until the Southern Regional

Page 498

Emergency Management Compact provided for in Article 5 of this chapter becomes effective and is adopted in all states having a common boundary with this state, at which time this article shall stand repealed in its entirety. SECTION 2. Said chapter is further amended by adding following Article 4 a new Article 5 to read as follows: ARTICLE 5 38-3-80. This article shall be known and may be cited as the `Southern Regional Emergency Management Compact.' 38-3-81. The Southern Regional Emergency Management Compact is enacted into law and entered into by the State of Georgia with all other states which adopt the compact in a form substantially as follows: SOUTHERN REGIONAL EMERGENCY MANAGEMENT COMPACT The contracting states solemnly agree that: ARTICLE I - PURPOSE AND AUTHORITIES This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term `states' is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the governor of the affected state(s), whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency, or enemy attack. This compact shall also provide for mutual cooperation in emergency-related exercises, testing, or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Page 499

ARTICLE II - GENERAL IMPLEMENTATION Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist. The prompt, full, and effective utilization of resources of the participating states, including any resources on hand or available from the Federal Government or any other source, that are essential to the safety, care, and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood. On behalf of the governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact. ARTICLE III - PARTY STATE RESPONSIBILITIES (a) It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans, and in carrying them out, the party states, insofar as practical, shall: (1) Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency, or enemy attack. (2) Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency. (3) Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans. (4) Assist in warning communities adjacent to or crossing the state boundaries.

Page 500

(5) Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services, and resources, both human and material. (6) Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness. (7) Provide, to the extent authorized by law, for temporary suspension of any statutes or ordinances that restrict the implementation of the above responsibilities. (b) The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within 30 days of the verbal request. Requests shall provide the following information: (1) A description of the emergency service function for which assistance is needed, such as but not limited to fire services, law enforcement, emergency medical, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services, and search and rescue. (2) The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed. (3) The specific place and time for staging of the assisting party's response and a point of contact at that location. (c) There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States Government, with free exchange of information, plans, and resource records relating to emergency capabilities. ARTICLE IV - LIMITATIONS Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof; provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state.

Page 501

Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state(s), whichever is longer. ARTICLE V - LICENSES AND PERMITS Whenever any person holds a license, certificate, or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical, or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified, or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the governor of the requesting state may prescribe by executive order or otherwise. ARTICLE VI - LIABILITY Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. ARTICLE VII - SUPPLEMENTARY AGREEMENTS Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between

Page 502

states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel, and equipment and supplies. ARTICLE VIII - COMPENSATION Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state. ARTICLE IX - REIMBURSEMENT Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such request; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost, or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision. ARTICLE X - EVACUATION Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management/services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing, and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies, and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for

Page 503

transportation, food, clothing, medicines, and medical care, and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees. ARTICLE XI - IMPLEMENTATION (a) This compact shall become operative immediately upon its enactment into law by any two states and when Congress has given consent thereto; thereafter, this compact shall become effective as to any other state upon its enactment by such state. (b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 30 days after the governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal. (c) Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States Government. ARTICLE XII - VALIDITY This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby. ARTICLE XIII - ADDITIONAL PROVISIONS Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia or for any purpose for which the use of the Army or the Air Force would in the absence of express statutory authorization be prohibited under Section 1385 of Title 18, United States Code.

Page 504

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 2, 1996. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES WILLS; PROBATE; DESCENT AND DISTRIBUTION; YEAR'S SUPPORT; ADMINISTRATORS AND EXECUTORS; ADMINISTRATION OF ESTATES; INVESTMENTS, SALES, AND CONVEYANCES; ADMINISTRATION OF ESTATES OF PERSONS MISSING OR BELIEVED DEAD; DISPENSING WITH ADMINISTRATION; UNIFORM SIMULTANEOUS DEATH ACT IN GEORGIA; COMPREHENSIVE REVISION OF RELATED PROVISIONS; TRUSTS AND TRUSTEES; GUARDIANS AND WARDS; ESCHEAT OF ESTATES. Code Title 29 Amended. Code Title 44, Chapter 5, Article 8 Repealed. Code Title 53 Amended. No. 754 (House Bill No. 1030). AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, so as to repeal a provision that certain sales of property of wards shall be made under the rules and restrictions prescribed for sales by administrators of estates; to provide rules for public sales by guardians and sale of perishable property, property that is liable to deteriorate from keeping, property that is expensive to keep, real property, wild lands, livestock, evidences of debt which remain uncollected, and stocks or bonds; to provide rules regarding advertisements of sales by guardians; to provide for the exercise of discretion of guardians in demanding cash or extending credit; to provide who is bound by a warranty in a conveyance, contract, or covenant by the guardian; to provide for a return of every sale; to provide for the evidentiary effect of a recital in the guardian's deed; to provide for the divesting of liens on real property sold by a guardian; to authorize guardians to retain the property received on the creation of the guardianship; to change provisions relating to an inventory of the estate by guardians; to provide for appraisement and the appointment, oath, and return of appraisers; to provide when property shall be appraised and when a warrant of appraisement shall be executed; to provide a ground for removal of a guardian; to provide for reimbursement of travel expenses of the guardian, compensation, and expenses of agents of the guardian; to change provisions relating to guardians' commissions; to provide for extra compensation of guardians in cases of extraordinary services; to change provisions relating to timely returns by guardians; to provide for the effect of real property on the valuation of an estate for purposes of the guardian's bond; to amend Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, so as to repeal provisions relating to escheat of estates; to revise comprehensively Chapters 1 through 11 of Title 53 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to wills, trusts, and administration of estates; wills; probate; descent and distribution; year's support; administrators and executors; administration of estates; investments, sales and conveyances; administration of estates of missing persons and persons believed to be dead; dispensing with administration; and the Uniform Simultaneous Death Act in Georgia, so as to provide definitions; to provide that there is no right of dower or tenancy by curtesy; to provide for reducing the legal obligation to support an individual in certain circumstances; to provide for forfeiture of certain rights by an individual who feloniously and intentionally kills, conspires to kill, or procures the killing of another; to provide that the amount of an overpayment of income tax shall be the property of the decedent's surviving spouse in certain circumstances; to provide that a surviving spouse who is under the age of 18 years is eligible take a share in the deceased spouse's estate or year's support without a guardian or other trustee; to provide for the effect of a lifetime transfer of property to a beneficiary; to provide for valuation of advancements; to provide for the effect of a satisfaction or advancement; to provide for renunciation; to provide for determining the heirs of a decedent who died without a will; to provide for the effect of a decree of adoption; to provide for rights of inheritance of a child born out of wedlock, a child conceived by artificial insemination and presumed legitimate, and an individual who is related to the decedent through two or more lines of relationship; to provide for vesting of the title to property owned by a decedent, the right of possession of the estate, and the right to recover possession of the estate; to provide for undistributed property of the decedent to which the spouse would have been entitled when the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death; to provide for the resolution of the identity or interest of any heir, a petition for determination of heirship, a petition filed by an individual claiming to be an heir or a person interested as a distributee, and for service, citation, intervention, and binding effect of the findings of the court in such proceedings; to provide for distributions by administrators which are pro rata and not pro rata; to provide for a petition for a distribution in kind which is not pro rata as to each asset and for objections and orders; to provide for a petition for an order that no administration is necessary and the contents, filing, citation, and service of such a petition and for objections, consents, and the effects of such an order; to change provisions relating to escheat; to change provisions relating to year's support; to authorize giving all property by will to strangers; to provide when a will shall take effect; to provide a test to determine whether an instrument is a will; to provide who may make a will; to provide when testamentary capacity exists; to provide when a will is not valid; to provide for the formalities of signing and witnessing a will or codicil; to provide that the signature of a testator who can read is presumed to show knowledge of the contents of a will; to provide who is competent to witness a will; to provide for the effect of the interest of a witness or a witness's spouse in a will; to provide for self-proving wills and codicils; to provide that certain contracts relating to wills shall be express, written, and signed by the obligor; to provide for joint and mutual wills and their effect and revocation; to provide for express and implied revocation and when and how a will may be revoked; to provide for revival, republication, and presumption of intent to revoke; to provide for revocation or revival upon certain events and in certain circumstances; to provide rules for construction of wills; to provide for the effect of an illegal part of a will; to provide for a share in the estate for a living child who is not provided for in the will because the testator believes the child to be dead; to provide for specific, demonstrative, general, and residuary testamentary gifts and their effects with regard to income, profit, increase, interest, and inability to execute in the exact manner provided by the testator; to provide for abatement for payment of debts; to provide for the effect of the death of a beneficiary; to provide for lapsed or void gifts; to provide for ademption; to provide for substitution of gifts in certain circumstances; to provide for the effect of loss, theft, destruction, or condemnation of property; to provide for conditions which are impossible, illegal, against public policy, and conditions in terrorem; to provide for beneficiaries who have claims adverse to the will; to provide for the effect of an attempt to make a testamentary gift of property not owned by the testator; to provide for property acquired by the testator after making the will; to provide for the sale of a heart pacemaker; to provide for marital deduction testamentary gifts or transfers; to provide for probate and the jurisdiction, right and time to offer a will for probate, and recovery from a bona fide purchaser for value; to provide for filing a will; to provide for admissibility of certain admissions in evidence to impeach a will in certain circumstances; to provide for probate in common form and in solemn form and the effect, procedures, notice, service, and orders applicable to each form; to provide for examination of witnesses to the will and for procedures when a witness is dead, incapable of testifying, or inaccessible; to provide for settlement agreements under which probate is granted or denied; to provide for the expenses of an executor in a purported will; to provide for probate and ancillary probate of foreign wills and out-of-state wills; to provide that wills probated in another state shall constitute muniments of title for transfer of real property in this state; to provide procedures for distribution of the property of an intestate nondomiciliary; to provide for claims or causes of action of a decedent domiciled outside the state; to provide for evidence of the qualification of a personal representative of a decedent domiciled outside the state; to provide for persons having an interest or claim to property located within this state of a decedent domiciled outside the state; to provide for personal jurisdiction over the personal representative of a decedent domiciled outside the state; to provide for service and the effect of an adjudication upon the personal representative of a decedent domiciled outside the state; to provide for jurisdiction relating to actions alleging that another will or codicil is entitled to be admitted to probate and for petitions, service, and notice of such actions; to provide for qualifications of personal representatives and for executors de son tort; to provide for nomination of executors and the effect of such nominations; to provide for declining the right to serve as executor; to provide for administrators and administrators with the will annexed and their selection, appointment, and oath; to provide for temporary letters of administration and powers of a temporary administrator; to provide for county administrators and their duties, qualifications, fees, commissions, terms of office, letters of administration and resignation; to provide for administration of certain unrepresented estates by the county administrator or the clerk of the superior court; to provide for the appointment of the county administrator for the purpose of making it possible to commence or continue a lawsuit against the estate; to provide for bond for county administrators and for additional security or additional bond and for removal of the administrator in certain circumstances; to provide for bond and sureties of personal representatives or temporary administrators; to provide for compensation, expenses, and extra compensation for personal representatives; to provide for compensation in the even of multiple personal representatives and for forfeiture of compensation in certain circumstances; to authorize compensation for services of an executor to a business enterprise in which the estate of a decedent owns an interest under certain conditions; to provide for the powers and duties of personal representatives, administrators with the will annexed, and temporary administrators; to provide for action when more than one personal representative is qualified; to provide for income received by an executor during the period of administration; to provide for property due minor heirs or beneficiaries; to provide for defenses by personal representatives in actions against a personal representative in that person's representative capacity; to provide when such actions shall not abate; to provide for instances when a surety on a guardian's bond dies, becomes insolvent, leaves the state, becomes insufficient, or desires to be relieved; to provide for joint and several liability of the personal representative and sureties and for the priority of execution of a recovery; to provide for the effect of a common bond by two or more personal representatives; to provide for liability in cases of removal of a personal representative; to provide for recovery against the principal and sureties without an action against the personal representative in that person's representative capacity in certain circumstances; to provide for actions on the bond of the personal representative in certain circumstances; to provide for the levy of a judgment in an action against a personal representative in that person's representative capacity; to provide for levy in fi. fa.; to provide when a levy shall be made upon the property of sureties; to provide for in inventory of decedent's property to be made jointly by all the personal representatives; to provide when inventory shall not be required; to provide for the priority of claims against the estate; to provide for notice to creditors and the effect of failure of creditors to give notice of their demands; to provide for payment of the debts of the estate by the personal representative; to provide for actions to recover debts due by a decedent and for pro rata payment by beneficiaries; to provide for discharge of debts not due; to authorize personal representatives to deal with claims in favor of or against the estate; to provide for a petition for discharge of a personal representative or temporary administrator from office and the contents, citation, publication, objections, and hearing of such petition; to provide for other property of the estate discovered after the personal representative has been discharged; to provide for the deposit of unclaimed funds; to provide that a discharge obtained by means of fraud is void; to provide for a cause of action for breach of fiduciary duty by a personal representative of temporary administrator; to provide for revocation of the letters of a personal representative or other sanctions; to provide for resignation of a personal representative; to provide for concurrent jurisdiction over settlement of accounts of personal representatives; to provide for a petition for an accounting and settlement and citing parties to appear for a settlement of accounts; to provide who shall be bound by a settlement; to provide for appeal and enforcement of settlement; to provide how a personal representative shall account for income on the property administered; to provide for recording and admission into evidence of the final receipts on settlements; to provide for refunding bonds; to provide for annual returns and their contents, inclusions, attachments, vouchers, and reporting period; to provide for mailing copies to heirs or beneficiaries; to provide when annual returns are not required; to provide when an annual return may be recorded; to provide when a security on the bond of a deceased personal representative may make returns of the accounts; to provide for a docket of those required to make returns; to provide for removal for willful and continued failure to make a return; to provide for intermediate reports and their timing, contents, citation, and service; to provide for a hearing, objections, and appeal; to provide for transfer of an accounting to superior court in certain circumstances; to provide for judgments against personal representatives who are liable to the estate; to provide who shall be bound by the order on the intermediate report; to provide for costs; to provide for investments by a personal representative; to provide for a standard for such investments; to provide procedures for investments in real property; to provide for investments in bonds and interest-bearing accounts; to provide how investments in obligations of the United States or its agencies or obligations guaranteed by the United States shall be held; to provide for retention of property received upon the creation of the estate; to provide for disposing of property by a personal representative or temporary administrator; to provide for sale of perishable property, property that is expensive to keep, and stocks or bonds; to provide for a petition for sale or disposal of other property and the contents, mailing, and granting of such petition; to provide for objections and appeal; to provide for a return of every sale; to provide for the evidentiary effect of a recital in the personal representative's deed; to provide for divesting liens on real property sold; to provide whom a warranty in a conveyance or contract or a convenant shall bind; to provide when title to property in the estate passes to heirs; to provide for express or implied assent and evidence and a proceeding to compel assent; to provide for a rebuttable presumption of death, when death may be proved by a preponderance of the evidence, and for deeming predecease of certain other individuals; to provide for petitions regarding the estate of missing persons, who may file such petitions, and the contents, publication of notice, search for the missing person, and hearing on such petitions; to provide for issuance of letters or of orders relating to the estate of missing persons; to provide for revocation of letters on proof that the missing person is alive; to provide for recovery of property received by a spouse, child, or other purported heir or beneficiary; to provide for security before distribution of assets of the estate of a missing person; to provide when a person is deemed to be missing; to provide for a petition for the appointment of a conservator of the estate of a missing person and the contents and procedures for such a petition; to provide what the probate court shall take into account in determining whether to appoint a conservator; to provide preferences for appointment of conservator; to provide for a written report by the conservator and an order by the court; to provide for a petition to terminate the conservatorship; to provide for the duties of a conservator when a missing person is declared dead; to provide for persons domiciled outside the state having an interest in or claim to property or a cause of action located in this state who are missing; to provide a short title; to provide for the disposition of property when the order of death determines the rights of individuals or joint owners, both or all individuals are dead, and there is no sufficient evidence that individuals have died other than simultaneously; to provide for a guardian ad litem in certain circumstances; to provide what actions of such a guardian ad litem shall be binding upon the party represented; to provide for personal service and the methods, timing, and entry of service; to provide for service on a party in military service or an individual who is not sui juris or who is incapacitated; to provide for service on a person who is unknown, whose residence is unknown, who resides outside this state, or whose circumstances make it difficult to determine the state of legal residence; to provide for waiver or acknowledgment of service or notice; to provide before whom an oath, affirmation, or affidavit may be made; to provide for verification of petitions filed in probate court; to provide for citations and their contents; to provide when objections shall be filed and hearings shall be held; to provide for authentication and exemplification; to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to provide for compensation for services of trustees by a business enterprise in certain circumstances; to provide that certain specified trustees

Page 510

shall not be required to give bond; to provide for the amount of bond; to provide for the valuation of the trust estate for bond purposes; to provide that sales of trustees shall be made under the same rules and restrictions as sales of guardians; to provide for a standard for the investment by a trustee; to provide for retention of the property received by a trustee upon the creation of a trust; to provide how a trustee may hold obligations of the United States or its agencies or obligations guaranteed by the United States; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardians and wards, is amended by striking in its entirety subsection (g) of Code Section 29-2-4, relating to sale, lease, exchange, or encumbrance of the ward's property, which reads as follows: (g) All other sales of any portion of the property of the ward not addressed by this Code section shall be made under the direction of the judge of the probate court under the same rules and restrictions as are prescribed for sales by administrators of estates. SECTION 2. Said title is further amended by inserting, immediately following Code Section 29-2-10, relating to delay of sale of property due to a claim, the following: 29-2-10.1. All public sales made by guardians shall be at public outcry. Beginning at 10:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, or as soon thereafter as practicable, each sale shall be made following any other sale at public outcry, without undue delay. All sales shall be concluded prior to 4:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, unless a different time shall be advertised. No sale shall be continued from day to day unless as advertised. Good faith is required by the guardian in all cases so that the property may be sold in such manner and quantities as shall be deemed most advantageous to the ward. 29-2-10.2. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as soon as practicable, consistent with the interest of the ward. The sale shall be made under order from the judge of the probate court. Such order shall specify the kind of notice and for what length of time, which shall not be less than

Page 511

ten days, the notice shall be given. The order for sale shall be granted as a matter of course. 29-2-10.3. Guardians shall state, in all advertisements of sales by them, the terms of sale. 29-2-10.4. If any time it becomes necessary to sell the real property of the ward, the guardian shall, by written petition, apply to the judge of the probate court for leave to sell, setting forth in the petition the reason for the proposed sale; and notice of the petition for sale shall be published once a week for four weeks before the hearing in the newspaper in which county advertisements are published. If no objection is filed and the judge is satisfied as to the truth of the allegation in the petition, an order shall be passed granting the leave to sell and specifying the real property as definitely as possible. 29-2-10.5. Every sale under the provisions of Code Section 29-2-10.4 shall be advertised in a newspaper having a general circulation in the county where the property to be sold is located once a week for four weeks after the leave is granted and before the sale. The sale shall be by public auction on the first Tuesday of the month, between the usual hours of sale and at the place of public sales in the county having jurisdiction of the guardianship, unless by special order, in the discretion of the judge of the probate court, real property located in another county is sold in the county where such real property is located. 29-2-10.6. If real property ordered to be sold is composed of one tract or body located in two counties, the sale may be in either county, as directed by the judge of the probate court. 29-2-10.7. Wild lands shall be sold in the same manner and upon the same terms as other real property. 29-2-10.8. Guardians are authorized to sell livestock at public sales establishments on sales days and during the regular hours of business of the sales establishments when the guardian determines that the sale of the property is in the best interest of the ward. Good faith is required by the guardian in all cases, and the livestock may be sold in such manner and quantities as the guardian may deem most advantageous to the ward. The sales may be made at any time after an order authorizing the sale is

Page 512

obtained from the judge of the probate court, which order may be issued at any time after application for the order by the guardian. The guardian shall be accountable in all other respects as is otherwise provided by law. 29-2-10.9. All notes, bonds, judgments, accounts, or other evidences of debt which, after due diligence, remain uncollected and are deemed insolvent or doubtful may be sold by the guardian under an order of the judge of the probate court. Such sale shall be at public outcry, during the usual hours of sale, on the regular day of sheriff's sales and at the place of sheriff's sales. Thirty days' notice of the sale shall be given by posting notice at the courthouse door and at three or more public places in the county. 29-2-10.10. Except as otherwise provided in Code Section 29-2-10.11, whenever any guardian desires to sell stocks or other securities of any corporation or other personal property, the guardian shall first apply to the judge of the probate court of the county which has jurisdiction for leave to sell the stock, which application shall be heard and determined, after the usual citation for leave to sell is issued, as are applications for the sale of real property. After the sale is ordered, the sale of the stocks or other personal property shall be conducted in the same manner as sales of real property are conducted. 29-2-10.11. (a) Any guardian may sell, at private sale, stocks or bonds held in the guardian's representative capacity where the stocks or bonds are either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper or newspapers having a general circulation in this state. The sale price for the stocks or bonds shall not be less than the stock exchange bid price or the published bid price at the time of sale. (b) The guardian, before making such sale, shall make application to the probate court for an order to sell the stocks or bonds, describing same, which order shall issue on or after the application has been on file for a period of ten days and, after making such a sale, shall file with the probate court a statement showing the date of sale, the name of the purchaser, the stock exchange bid price or the published bid price at the time of sale, and the proceeds of the sale. An order of the court confirming such a sale is not required. (c) The sale of securities other than those listed upon or admitted to unlisted trading privileges on any stock exchange shall be subject to an order of the judge of the probate court showing approval or disapproval of the sale within not less than three nor more than five days from the date of the sale.

Page 513

29-2-10.12. Whenever any guardian, trustee, or other fiduciary holds any note or other evidence of indebtedness, that guardian, trustee, or other fiduciary may sell and transfer the same along with the collateral and other security, if any, securing the same at private sale, without any order of court, provided the guardian, trustee, or other fiduciary shall receive as proceeds the full face value of the note or other evidence of indebtedness. 29-2-10.13. The guardian may exercise discretion, except where otherwise provided, in demanding cash or extending credit. Full notice shall be given and the best interest of the ward observed. If credit is given, the guardian shall, at the guardian's own risk, determine the sufficiency of the security given. If the security taken is ample at the time credit is extended and subsequently the debt is lost after the utmost diligence by the guardian, the guardian shall not be responsible for the amount. 29-2-10.14. A guardian may not bind the ward by any warranty in any conveyance or contract made by the guardian. The guardian shall not be personally bound by such covenant unless the intention to create a personal liability is distinctly expressed in such covenant. 29-2-10.15. A guardian shall make a full return of every sale specifying the property sold, the purchasers, and the amounts received, together with the terms of sale. 29-2-10.16. The recital in the guardian's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. 29-2-10.17. Where a guardian sells real property under a proper order of the probate court, liens thereon shall be divested and transferred to the proceeds of the sale. SECTION 3. Said title is further amended by inserting, immediately following Code Section 29-2-15, relating to investments in bonds, the following: 29-2-15.1. (a) Unless otherwise provided in the fiduciary instrument, guardians are authorized to retain the property received by them on the creation of the guardianship, including, in the case of a corporate fiduciary, stock

Page 514

or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for that retention, except for gross neglect. In the case of corporate securities, they may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and they may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all such property held by the fiduciary on March 28, 1961, under estates previously created, except that it shall not relieve the fiduciary from liability for loss which had already accrued on or before March 28, 1961, for losses that had occurred. (b) In the case of a corporate fiduciary, the authorities in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authorities shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identical or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authorities shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary. SECTION 4. Said title is further amended by striking in its entirety Code Section 29-2-24, relating to the inventory to be filed by the guardian, which reads as follows: 29-2-24. The guardian of a ward's estate shall make and file with the judge of the probate court an inventory of the estate in the same manner and within the same time as is required of administrators., and inserting in lieu thereof the following:

Page 515

29-2-24. Every guardian shall make a just and true inventory of all the personal property owned and possessed by the ward and all real property located in the county of the guardianship and shall produce and exhibit the inventory, if possible, to the appraisers appointed pursuant to Code Sections 29-2-25 and 29-2-26. The inventory shall be filed with the judge of the probate court within four months after the qualification of the guardian. When the inventory and appraisement are returned to the judge of the probate court, the guardian shall swear, in addition to the usual oath on making returns, that the inventory contains a true statement of all the goods, chattels, rights, and credits of the ward which are in the guardian's hands, possession, or knowledge. The guardian shall also return, under oath, with the appraisement, so far as may come to the guardian's knowledge, all real property outside the county of the guardianship. 29-2-25. Upon the filing of a request for an appraisement, pursuant to Code Section 29-2-26, the judge of the probate court shall issue a warrant of appraisement directed to five disinterested freeholders who are citizens of the county where the guardianship is pending, any three of whom shall be qualified to act, requiring them on oath fairly and justly to appraise and value all of the personal property produced to them by the guardian and all real estate belonging to the ward, whether the real estate is situated in the county of the guardianship or any other county of this state. 29-2-26. Any other law to the contrary notwithstanding, the property shall not be appraised unless a request for an appraisement is filed with the judge of the probate court within 90 days after the guardian files the inventory. 29-2-27 The appraisers, before entering upon their duties, shall take and subscribe an oath before an officer authorized to administer oaths or before one of their number who, by this Code section, shall be authorized to administer the oath faithfully to discharge their duty as appraisers. 29-2-28. The warrant of appraisement shall be executed, except when execution is prevented by providential causes, within 60 days after the warrant is issued, and the inventory and appraisement shall be returned to the judge of the probate court within four months after the issuance of the warrant. If the execution or return is delayed beyond the periods

Page 516

specified, the judge shall inquire into the reason and place the reason on the record with the return. 29-2-30. The return of the appraisers shall be in writing and certified by their own signatures, any three appraisers being competent to act. The return shall be delivered to the guardian and returned by the guardian to the judge of the probate court. 29-2-31. Debts due by the guardian to the estate shall be included in the inventory. Notice shall also be taken of any interest which the estate may have in an unsettled partnership, even if the assets are in the hands of a surviving partner. 29-2-32. The failure of a guardian to return a correct inventory and appraisement shall be sufficient ground for removal. SECTION 5. Said title is further amended by inserting, immediately following Code Section 29-2-41, relating to expenses and premiums incurred in securing a surety, the following: 29-2-41.1. (a) A guardian required to travel out of the guardian's county in the discharge of a duty of guardianship shall be allowed the amount of actual disbursements made, to be proved by the guardian's own statements under oath. The judge of the probate court may also allow the guardian a reasonable compensation for the time devoted to the service if, under the circumstances, the judge adjudges such additional compensation a proper charge against the estate. (b) Among the expenses of administration shall be included and allowed the expenses of such agents as the guardian finds it necessary to employ for the estate. The existence of the necessity shall be satisfactorily shown to the judge of the probate court. SECTION 6. Said title is further amended by striking in its entirety Code Section 29-2-42, relating to commissions, extra compensation, and traveling expenses for guardians, which reads as follows: 29-2-42. Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators.

Page 517

Guardians may be allowed an additional annual commission of.5 percent of the market value, determined as of December 31 of each year, of the property held in their estates. Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to them upon the same principles as to administrators., and inserting in lieu thereof the following: 29-2-42. (a) As compensation for services, a guardian shall have a commission of 2 1/2 percent on all sums of money received on account of the estate, except on money loaned by and repaid to the guardian, and a like commission on all sums paid out by the guardian. Guardians may be allowed an additional annual commission of.5 percent of the market value, determined as of December 31 of each year, of the property held in their estates. The commissions are part of the expense of administering the ward's estate and may be charged against the corpus of the estate as well as the income. (b) Whenever any portion of the dividends, interest, or rents payable to a guardian are required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the guardian. (c) If, in the course of administration of the ward's estate, the guardian receives interest on money loaned by the ward or by himself or herself as guardian and shall include the same in the return to the judge of the probate court so as to become chargeable therewith as a part of the corpus of the estate, the guardian shall be entitled to 10 percent additional commission on all such amounts of interest made. (d) Commissions may be allowed to any guardian for delivering over any property in kind. The judge of the probate court, in his or her discretion, may allow reasonable compensation for such service, not exceeding 3 percent of the appraised value, and, in cases where there has been no appraisement, not over 3 percent of the fair value as found by the judge; the allowances shall be made irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible, intangible, personal, or real. If, however, land is worked by any guardian for the benefit of the parties in interest, the judge may, in his or her discretion, allow to the guardian additional compensation for such services, in no case exceeding 10 percent of the annual income of the property so managed. (e) No commissions shall be allowed to a guardian on commissions paid by the guardian to himself or herself.

Page 518

29-2-42.1. In other cases of extraordinary services, extra compensation may be allowed by the judge of the probate court, but in no case is the allowance of extra compensation by the judge conclusive upon the parties in interest. SECTION 7. Said title is further amended by striking in its entirety Code Section 29-2-44, relating to failure to make a timely return, and inserting in lieu thereof the following: 29-2-44. (a) Within 60 days after the anniversary date of qualification, in each year, every guardian required by the laws of this state to make annual returns shall make a true and just accounting upon oaths of receipts and expenditures in behalf of the estate during the year preceding the anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. With this return, either the original vouchers shall be filed, showing the correctness of each item, or, in lieu thereof, the guardian making the return shall attach an affidavit stating that the original vouchers have been compared as to each item on the return and that the return is correct; but the judge of the probate court shall require the original vouchers to be produced for good cause shown. If the original vouchers are filed with the return, they shall remain in the judge's office 30 days. If any of the receipts are for cotton, corn, or other products sold, the voucher or return shall show the cost of each, the price at which it was sold, the name of the purchaser, and the time of sale. (b) The judge of the probate court, upon petition of the guardian or upon the judge's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the judge. In lieu of changing the reporting date, the judge of the probate court is authorized to accept and approve a return even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the judge, unless the judge also enters an order changing the reporting date. (c) The judge of the probate court shall carefully examine each return of a guardian and its vouchers; and, if the judge finds the return correct and no objection is filed within 30 days from the time the return is filed in the judge's office, the judge shall allow the same and order it to be recorded, together with the original or copy vouchers attached. The return and copy vouchers shall be kept in the office of the judge. If the original vouchers are filed without copies, they shall, when recorded, be

Page 519

returned to the guardian on demand. The return thus allowed and recorded shall be prima-facie evidence in favor of the guardian of its correctness. (d) The judge of the probate court shall keep a docket of all guardians liable to make returns; upon the failure of any guardian to do so by the time required by law, the judge shall cite the guardian to appear and show the reason for the delay. Every guardian who fails or refuses to make the return before the end of the year shall receive no commission or compensation for any service done during that year unless, by special order of the probate court, such a guardian is exonerated from all fault. SECTION 8. Said title is further amended by striking in its entirety Code Section 29-4-12, relating to appointed guardians and their oath, bond, and surety, and inserting in lieu thereof the following: 29-4-12. (a) Before entering upon the duties of the appointment, every guardian appointed by the judge of the probate court shall take an oath or affirmation before the judge to perform well and truly the duties required of a guardian and to account faithfully to the ward for the estate. The oath or affirmation of a guardian may be subscribed before the judge or clerk of any probate court of this state. The judge of the probate court who appoints a guardian shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation. (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. 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. (c) Any other law to the contrary notwithstanding, in every case in which the guardian of the property of any person is required by any statute of this state, by the judge of the probate court of any county, or by the judge of any court of competent jurisdiction to give bond for the faithful performance of the guardian's duties in such fiduciary capacity and the amount of the bond is dependent upon the value of the estate,

Page 520

the value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the guardian in the guardian's fiduciary capacity. Upon the conversion by any such guardian of the real property into personalty, the guardian shall give a new bond based upon the value of the estate, including the value of the personalty into which the real property is converted. (d) The judge of the probate court shall have authority to permit a reduction in the amount of the bond when it appears that the value of the ward's estate has decreased, provided that the reduction shall in no way affect the liability of the surety for waste or misconduct of the guardian which occurred before the bond was reduced. (e) The judge of the probate court may order a guardian who is required to give bond to post such bond for a period in excess of one year, as may be appropriate in the circumstances. A surety on a bond posted pursuant to this subsection shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. SECTION 9. Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to acquisition and loss of property, is amended by striking in its entirety Article 8, relating to escheat, which reads as follows: ARTICLE 8 44-5-190. Escheat results when an intestate leaves no heirs; in such a case the estate of the intestate reverts to the state. In no other case does an estate escheat. 44-5-191. (a) After a period of five years has elapsed from the time of qualification of an administrator, on all estates for which no person has appeared and claimed to be an heir there shall be a presumption of escheat of such estates. (b) The administrator shall notify the court that such five-year period has elapsed. Upon notification, the judge of the probate court shall issue an order calling for publication in the legal organ of the county the following notice to heirs of the estate:

Page 521

(c) Where, on March 29, 1984, funds of an estate have been held in the registry of the probate court for five years and there exists no other administrator for such estate, the judge of the probate court may appoint the county administrator to proceed with the escheat of such estate pursuant to this article without the passage of an additional five-year period. 44-5-192. The notice provided in subsection (b) of Code Section 44-5-191 shall be published once a week for four weeks. On the first Monday following the month in which publication ends, if no heir appears, the proceeds of the escheated estate shall be paid over to the board of education of the school district in which the intestate resided and become a part of the educational fund. If the intestate was not a resident of the county, the proceeds shall be paid over to the county board of education. 44-5-193. When the proceeds of an escheated estate are paid over to a board of education, no further proceedings shall be necessary in the probate court to terminate administration of the estate. 44-5-194. (a) For a period of three years following the receipt of the proceeds of an escheated estate by a board of education, an heir shall be entitled to file a claim to such estate in the form of a civil action in the superior court of the county. The claim shall be tried as are other civil actions. (b) The district attorney of the county in which the board of education lies shall be counsel ex officio for the board in such cases. (c) If no heir files a claim by the end of the three-year period, the board of education shall publish the following advertisement once each month for a period of three months in the legal organ of the county:

Page 522

(d) No advertisement shall be necessary if the proceeds of the escheated estate are less than $5,000.00. (e)(1) On the first day of the month following the last date of advertisement, if no claim is filed, the proceeds of the estate shall be conclusively escheated. (2) In the case of estates containing proceeds of less than $5,000.00, conclusive escheat occurs at the end of three years if no claim is filed. 44-5-195. Where required by this article, notice by publication shall be deemed sufficient and legal notice to all heirs of estates, provided that the procedures required by this article are followed. 44-5-196. Proceedings under this article shall be conclusive upon and bind all heirs of estates. 44-5-197. Nothing in this article shall prevent a board of education, in its discretion and upon proper proof, to return any estate proceeds to any heir. 44-5-198. All expenses incurred in the administration of this article shall be paid from the proceeds of the subject estate. 44-5-199. (a) When the husband, wife, or adopted child of an intestate was his heir and such heir dies intestate and without ascertainable heirs before receiving possession of the property of his estate, such property shall not escheat to the state but shall descend to the blood heirs of the original intestate if there are blood heirs of the original intestate who would have inherited his property if the marriage or adoption had not occurred.

Page 523

(b) The property shall be reduced to cash by the intestate's administrator under existing laws. The death of the wife, husband, or adopted child of the intestate and the nonexistence of the heirs of such wife, husband, or adopted child may be ascertained by advertisement as provided in the case of escheats. Should such persons not appear, the fund, less the expenses of the proceedings, shall be paid over as provided in subsection (a) of this Code section., and inserting in its place the following: ARTICLE 8 RESERVED SECTION 10. Chapters 1 through 11 of Title 53 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to wills, trusts, and administration of estates; wills; probate; descent and distribution; year's support; administrators and executors; administration of estates; investments, sales and conveyances; administration of estates of missing persons and persons believed to be dead; dispensing with administration; and the Uniform Simultaneous Death Act in Georgia, are amended by striking said chapters in their entirety and inserting in lieu thereof the following: CHAPTER 1 ARTICLE 1 53-1-1. Except as otherwise provided in this chapter and Chapters 2 through 11 of this title, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective for the estates of decedents dying on or after the effective date of this Code section. 53-1-2. As used in this chapter and Chapters 2 through 11 of this title, the term: (1) `Administrator' means any person appointed and qualified to administer an intestate estate, including an intestate estate already partially administered by an administrator and from any cause unrepresented. (2) `Administrator with the will annexed' means any person appointed and qualified to administer a testate estate, including a testate estate already partially administered and from any cause unrepresented. (3) `Beneficiary' means a person, including a trust, who is designated in a will to take an interest in real or personal property.

Page 524

(4) `Codicil' means an amendment to or republication of a will. (5) `County administrator' means any individual or individuals appointed by the probate court of the county and qualified to represent an estate that is unrepresented and unlikely to be represented. (6) `Descendants' means the lineal descendants of an individual including those individuals who are treated as lineal descendants by virtue of adoption. (7) `Executor' means any person nominated in a will who has qualified to administer a testate estate, including a person nominated as alternative or successor executor. (8) `Guardian' means the guardian ad litem described in Code Section 53-11-2 who represents one or more parties to a probate court proceeding who are not sui juris, are unborn, or are unknown. (9) `Heirs' means those one or more individuals who survive the decedent and are determined under the rules of inheritance to take the property of the decedent that is not disposed of by will. (10) `Nominated executor' means any person nominated in the will to serve as executor who has not yet qualified to serve as executor. (11) `Person' means an individual, corporation, partnership, association, joint-stock company, business trust, unincorporated organization, limited liability company, or two or more persons having a joint or common interest, including an individual or a business entity acting as a personal representative or in any other fiduciary capacity. (12) `Personal representative' means any administrator, administrator with the will annexed, county administrator, or executor. (13) `Qualified' means that a personal representative has taken the oath, been issued letters of administration or letters testamentary, and posted any required bond, as provided in this title. (14) `Sui juris' means an individual is age 18 or over and not suffering from any legal disability. (15) `Temporary administrator' means any person granted temporary letters of administration upon an unrepresented estate. (16) `Testamentary gift' means the interest in real or personal property which a beneficiary is designated to take in a will. (17) `Will' means the legal declaration of an individual's testamentary intention regarding that individual's property or other matters. Will includes the will and all codicils to the will. 53-1-3. There is no right of dower or tenancy by curtesy in this state.

Page 525

53-1-4. Whenever income from an estate or trust is available for the benefit of an individual whose support is the legal obligation of another and the income is actually used for such individual's support, the legal obligation of the other to support the individual is reduced to the extent the income is actually used for such individual's support. 53-1-5. (a) An individual who feloniously and intentionally kills or conspires to kill or procures the killing of another individual forfeits the right to take an interest from the decedent's estate and to serve as a personal representative or trustee of the decedent's estate or any trust created by the decedent. For purposes of this Code section, the killing or conspiring to kill or procuring another to kill is felonious and intentional if the killing would constitute murder or felony murder or voluntary manslaughter under the laws of this state. (b) An individual who forfeits the right to take an interest from a decedent's estate by virtue of this Code section forfeits the right to take any interest such individual would otherwise take at the decedent's death by intestacy, year's support, will, deed, power of appointment, or by any other conveyance duly executed during life by the decedent and is treated as having predeceased the decedent for purposes of determining the distribution of the decedent's property and of appointing personal representatives or trustees. (c) This Code section shall have no effect on the rights of the descendants of the individual who forfeits the right to take from the decedent's estate; provided, however, that if the descendants are taking by intestacy in place of the individual who forfeits, the descendants may take only that share of the decedent's estate to which the individual who forfeits would have been entitled. The provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the individual who forfeits the right to take from the decedent's estate unless those descendants are also descendants of the decedent. (d) A final judgment of conviction or a guilty plea for murder, felony murder, or voluntary manslaughter is conclusive in civil proceedings under this Code section. In the absence of such a conviction or plea, the felonious and intentional killing must be established by clear and convincing evidence. 53-1-6. (a) In any case in which the United States Department of the Treasury or the Department of Revenue of this state determines that there exists an overpayment of federal or state income tax and the person in whose favor the overpayment is determined to exist is deceased at the time the

Page 526

overpayment is to be refunded, the amount of the overpayment, if not in excess of $2,500.00, shall be the sole and separate property of the decedent's surviving spouse, if any, irrespective of whether the decedent had filed a joint or separate income tax return. (b) The refund of the overpayment directly to the surviving spouse as provided in subsection (a) of this Code section shall operate as a complete acquittal and discharge to the payor, whether the United States or this state, of liability from any action, claim, or demand of whatever nature by any heir, beneficiary, creditor of the decedent, or other person. (c) Refunds are authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent, without the necessity of obtaining an order that no administration is necessary, and without the necessity of appointing a personal representative for the surviving spouse, notwithstanding any other law to the contrary. 53-1-7. A surviving spouse who is under the age of 18 years is entitled to apply for, take, and hold any share in the deceased spouse's estate to which the surviving spouse is entitled by virtue of being an heir or a beneficiary or being eligible for year's support without the intervention of a guardian or other trustee. ARTICLE 2 53-1-10. (a) A lifetime transfer to a beneficiary of property that is the subject of a specific testamentary gift is treated as a satisfaction if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to satisfy the testamentary gift. (b) A lifetime transfer of money or other property to a prospective heir or to the beneficiary of a demonstrative, general, or residuary testamentary gift is treated as an advancement if it is shown pursuant to the provisions of subsection (c) of this Code section that the transfer is intended to be a part of the share that the heir would inherit by intestacy or the beneficiary would take under the transferor's will. (c) The intent to treat a lifetime transfer as a satisfaction or an advancement is shown only if the will provides for the deduction of the lifetime transfer or its value or if the satisfaction or advancement is declared in a writing signed by the transferor within 30 days of making the transfer or acknowledged in a writing signed by the recipient at any time.

Page 527

53-1-11. Every advancement shall be valued without interest at its value at the time of the transfer unless a value or an interest rate is specified in writing at the time of acceptance or in the transferor's will. 53-1-12. (a) If a beneficiary has received a satisfaction, the beneficiary shall not receive any other property in replacement of the specific testamentary gift which is the subject of the satisfaction. (b) If a beneficiary has received an advancement of all or a portion of a demonstrative or general testamentary gift, the value of the demonstrative or general testamentary gift shall be reduced by the value of the advancement. (c) For purposes of this subsection, the term `distributable share' means the share an heir would receive under the laws of intestacy or a beneficiary would receive under the residuary clause of the transferor's will if the value of all advancements made by the transferor during life, except satisfaction of specific testamentary gifts and advancements of demonstrative or general testamentary gifts, were added to the actual value of the transferor's intestate or residuary estate at death. If a beneficiary has received an advancement of a residuary gift or an heir has received an advancement of an intestate share, the advancement shall be taken into account in the following manner: (1) If a beneficiary or heir has received an advancement that is less than the value of that person's distributable share under the residuary clause of the transferor's will or the laws of intestacy, the share actually distributed to the beneficiary or heir shall be charged with the advancement so that the beneficiary or heir will receive only the balance remaining of the distributable share; or (2) If a beneficiary or an heir has received an advancement that is equal to or in excess of the value of that beneficiary's or heir's distributable share, the beneficiary or heir shall receive no further share from the estate. 53-1-13. Unless the writing described in subsection (c) of Code Section 53-1-10 or the testator's will expressly provides otherwise, a satisfaction or an advancement is considered when computing the division and distribution of the transferor's estate even if the recipient of the satisfaction or advancement fails to survive the transferor. ARTICLE 3 53-1-20. (a) For purposes of this Code section, the term `property' includes any interest in property and any power over or right with respect to the property.

Page 528

(b) Any person to whom an interest in property is transferred or who succeeds to property by contract or by operation of law may renounce the property in whole or in part as provided in this Code section. A person may renounce even if a spendthrift or similar restriction applies to the property renounced. Persons who may renounce include fiduciaries acting on behalf of an individual, such as personal representatives, trustees, conservators, or guardians, as well as duly authorized attorneys in fact, whether acting on behalf of an individual or fiduciary. (c) A renunciation must be made by a written instrument that describes the renounced property, declares the renunciation and the extent of it, and is signed by the person making the renunciation. (d) The written instrument must be received by the transferor of the property, the transferor's legal representative, or other holder of title to the property not later than the date which is nine months after the later of: (1) The date of the transfer; or (2) The day on which the person making the renunciation reaches the age of 21. The instrument may also be filed in the probate court of the county in which proceedings concerning the transferor's estate are pending or in which they could be commenced and, in the case of real property, in the real property records of the county in which the real property is located. An instrument so filed in the probate court shall be conclusively presumed to have been received by the personal representative of the transferor's estate not later than the date of such filing, but earlier receipt may be shown. (e) A person who has accepted property or any of its benefits may not renounce the property. (f)(1) Except as otherwise provided by the will or other governing instrument, a renunciation shall cause the renounced property to pass as if the person renouncing had predeceased the decedent or, in the case of property passing upon exercise of a power of appointment, as if the person renouncing had predeceased the holder of the power. (2) Renounced property that is the subject of an attempted outright gift shall be treated as an incomplete gift. (3) A renounced power over property shall be treated as if such power had not been created with respect to the person renouncing such power. (4) The expression in a renunciation of an intent or desire that the property pass to certain persons shall be considered merely precatory and shall have no legal effect unless specifically declared to be a condition of the renunciation.

Page 529

(g) In every case a renunciation relates back for all purposes to the applicable date among the following: (1) The date of death of the decedent; (2) The date of the death of the holder of the power of appointment; (3) The date the gift was attempted; or (4) The date the power was created. (h) This Code section does not abridge the right of any person to transfer or renounce any property under any other statute or common law. Any renunciation that is otherwise valid but fails to meet the requirements of subsections (c) and (d) of this Code section shall operate as a transfer of the property to those persons who would have received it had the renunciation met those requirements. (i) Nothing in this Code section alters the duties of any fiduciary to act in the best interests of the person the fiduciary represents. This subsection shall not, however, limit the power granted by this Code section to a fiduciary to renounce property. CHAPTER 2 ARTICLE 1 53-2-1. (a) For purposes of this Code section: (1) Children of the decedent who are born after the decedent's death are considered children in being at the decedent's death, provided they were conceived prior to the decedent's death, were born within ten months of the decedent's death, and survived 120 hours or more after birth; and (2) The half-blood, whether on the maternal or paternal side, are considered equally with the whole-blood, so that the children of any common parent are treated as brothers and sisters to each other. (b) When a decedent died without a will, the following rules shall determine such decedent's heirs: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share, per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share; (2) If the decedent is not survived by a spouse, the heirs shall be those relatives, as provided in this Code section, who are in the nearest degree to the decedent in which there is any survivor;

Page 530

(3) Children of the decedent are in the first degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased child taking, per stirpes, the share that child would have taken if in life; (4) Parents of the decedent are in the second degree, and those who survive the decedent shall share the estate equally; (5) Siblings of the decedent are in the third degree, and those who survive the decedent shall share the estate equally, with the descendants of any deceased sibling taking, per stirpes, the share that sibling would have taken if in life; provided, however, that if no sibling survives the decedent, the nieces and nephews who survive the decedent shall take the estate in equal shares, with the descendants of any deceased niece or nephew taking, per stirpes, the share that niece or nephew would have taken if in life; (6) Grandparents of the decedent are in the fourth degree, and those who survive the decedent shall share the estate equally; (7) Uncles and aunts of the decedent are in the fifth degree, and those who survive the decedent shall share the estate equally, with the children of any deceased uncle or aunt taking, per stirpes, the share that uncle or aunt would have taken if in life; provided, however, that if no uncle or aunt of the decedent survives the decedent, the first cousins who survive the decedent shall share the estate equally; and (8) The more remote degrees of kinship shall be determined by counting the number of steps in the chain from the relative to the closest common ancestor of the relative and decedent and the number of steps in the chain from the common ancestor to the decedent. The sum of the steps in the two chains shall be the degree of kinship, and the surviving relatives with the lowest sum shall be in the nearest degree and shall share the estate equally. 53-2-2. A decree of adoption, whether issued by a court of this state or by a court of any other jurisdiction, shall have the effect described in Code Section 19-8-19, and the adoptive parents and relatives of the adoptive parents shall likewise be entitled to inherit under the rules of this chapter from and through the adopted individual. 53-2-3. The rights of inheritance of a child born out of wedlock shall be as follows: (1) A child born out of wedlock may inherit in the same manner as though legitimate from or through the child's mother, the other children of the mother, and any other maternal kin;

Page 531

(2) (A) A child born out of wedlock may not inherit from or through the child's father, the other children of the father, or any paternal kin by reason of the paternal kinship, unless: (i) A court of competent jurisdiction has entered an order declaring the child to be legitimate, under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (ii) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (iii) The father has executed a sworn statement signed by him attesting to the parent-child relationship; (iv) The father has signed the birth certificate of the child; or (v) There is other clear and convincing evidence that the child is the child of the father and that a de facto parent-child relationship existed or would have existed had the father not died before the child was born. (B)(i) Subparagraph (A) of this paragraph notwithstanding, a child born out of wedlock may inherit from or through the father, other children of the father, or any paternal kin by reason of the paternal kinship if evidence of the rebuttable presumption of paternity described in this subparagraph is filed with the court before which proceedings on the estate are pending and the presumption is not overcome to the satisfaction of the trier of fact by clear and convincing evidence. (ii) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if parentage-determination genetic testing establishes at least a 97 percent probability of paternity. Parentage-determination genetic testing shall include, but not be limited to, red cell antigen, human leucocyte antigen (HLA), red cell enzyme, and serum protein electrophoresis tests or testing by deoxyribonucleic acid (DNA) probes. (C) If any one of the requirements of divisions (i) through (v) of subparagraph (A) of this paragraph is fulfilled, or if the presumption of paternity set forth in subparagraph (B) of this paragraph shall have been established and shall not have been rebutted by clear and convincing evidence, a child born out of wedlock may inherit in the same manner as though legitimate from and through the child's father, the other children of his or her father, and any other paternal kin; (3) In distributions under this Code section, the children of a deceased child born out of wedlock shall represent that deceased child.

Page 532

53-2-4. (a) The mother of a child born out of wedlock, the other children of the mother, and other maternal kin may inherit from and through the child born out of wedlock in the same manner as though the child were legitimate. (b)(1) The father of a child born out of wedlock, the other children of the father, and other paternal kin may inherit from and through the child born out of wedlock in the same manner as if the child were legitimate if: (A) A court of competent jurisdiction has entered an order declaring the child to be legitimate under the authority of Code Section 19-7-22 or such other authority as may be provided by law; (B) A court of competent jurisdiction has otherwise entered a court order establishing paternity; (C) The father has executed a sworn statement signed by him attesting to the parent-child relationship; (D) The father has signed the birth certificate of the child; or (E) The presumption of paternity described in division (2)(B)(ii) of Code Section 53-2-3 has been established and has not been rebutted by clear and convincing evidence. (2) Paragraph (1) of this subsection notwithstanding, neither the father nor any child of the father nor any other paternal kin shall inherit from or through a child born out of wedlock if it shall be established by a preponderance of evidence that the father failed or refused openly to treat the child as his own or failed or refused to provide support for the child. 53-2-5. An individual conceived by artificial insemination and presumed legitimate in accordance with Code Section 19-7-21 shall be considered a child of the parents and entitled to inherit under the laws of intestacy from the parents and from relatives of the parents, and the parents and relatives of the parents shall likewise be entitled to inherit as heirs from and through such individual. 53-2-6. An individual who is related to the decedent through two or more lines of relationship is entitled to only a single share based on the relationship entitling that individual to the largest share under the laws of intestacy. 53-2-7. (a) Upon the appointment of an administrator of the estate of an intestate decedent, the title to all property owned by the decedent, both

Page 533

real and personal, shall vest in the administrator for the benefit of the heirs and creditors of the decedent, and title to such property shall not vest in the heirs until the administrator assents to such vesting. For purposes of this Code section, the assent of the administrator shall be proved in the manner set out in Code Section 53-8-15. (b) If no administrator is appointed within five years after the death of an intestate, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them as of the date of the decedent's death. (c) If an order is entered pursuant to Code Section 53-2-41 that no administration is necessary on the estate of a decedent, the title to all property owned by the decedent, both real and personal, shall vest in the decedent's heirs and shall be deemed to have become vested in them in a manner that is consistent with the terms of the order as of the date of the decedent's death. (d) Upon the appointment of an administrator, the right to the possession of the whole estate is in the administrator, and, as long as administration continues, the right to recover possession of the estate from all other persons is solely in the administrator. If an order has been entered under Code Section 53-2-41 that no administration is necessary, or if the administrator has assented to the vesting of title in the heirs, the heirs may take possession of the property or may sue for possession of the property in their own right. 53-2-8. (a) When the spouse of an intestate decedent dies intestate and without ascertainable heirs within six months of the decedent's death, any undistributed property of the decedent to which the spouse had been entitled prior to the spouse's death shall not escheat but shall be distributed to the heirs of the decedent who would have inherited the property under the intestacy laws if the spouse had predeceased the decedent. (b) The nonexistence of heirs of the spouse may be determined by publication as provided in Code section 53-2-51. If no heir of the spouse appears, the property, less the expenses of the proceedings to determine the nonexistence of heirs, shall be paid over as provided in subsection (a) of this Code section. ARTICLE 2 53-2-20. The identity or interest of any heir may be resolved judicially upon application to the probate court that has jurisdiction by virtue of a pending administration or that would have jurisdiction in the event of an administration of the estate of the decedent. Alternatively, the petition

Page 534

may be filed in the superior court of the county where the probate court having jurisdiction, as defined in this Code section, is located. The proceedings for the determination of such questions shall conform to the requirements set forth in this article. 53-2-21. Any personal representative, guardian, conservator, committee, trustee, fiduciary, or other person having a status which by operation of law or written instrument devolves upon such person a duty of distributing property to heirs may file a petition for determination of heirship as provided in Code Section 53-2-20. The petition shall allege the names, addresses, ages, and relationship, so far as known to the petitioner, of all parties at interest other than creditors and the nature and character of such interests. The petition shall further allege whether the petitioner has reason to apprehend that there may be others entitled to participate in the distribution whose names are unknown to the petitioner. 53-2-22. Any individual claiming to be an heir or any person in any way interested as a distributee in any property under the laws of intestacy may apply to either the probate court or the superior court specified in Code Section 53-2-20 to have the claim of heirship and quantity of interest established. The petition in such a case shall contain the same averments as to all parties at interest required of persons filing under Code Section 53-2-21 with the person charged with the duty of distribution being named as a party. 53-2-23. Upon the filing in a superior court of a petition described in Code Section 53-2-21 or 53-2-22, service on the parties in interest shall be effected in the same manner as prescribed in cases in which equitable relief is sought; and the case shall thereafter proceed to judgment in the manner provided for such cases by the rules of practice in the superior courts. 53-2-24. Upon the filing in a probate court of a petition described in Code Section 53-2-21 or 53-2-22, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title. 53-2-25. Any individual claiming to be an heir or any person in any way interested as a distributee and who is not named as such in any petition filed and pending under this article may file a motion to intervene in the proceeding.

Page 535

53-2-26. In the absence of fraud, the findings of the superior court or the probate court shall be binding and conclusive as to every person and as to every issue decided. ARTICLE 3 53-2-30. (a) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is pro rata as to each asset. (b) An administrator may distribute all or a portion of an intestate estate in kind in a distribution that is not pro rata as to each asset only upon the written consent of all the heirs or upon an order of the probate court made pursuant to a petition filed by an heir or the administrator. (c) Nothing in this Code section shall be construed as limiting or restricting the method of distribution provided for in a will or as requiring the approval of the probate court for a distribution or division in kind made pursuant to the directions in a will. In all cases where the will directs or authorizes a distribution or division in kind but fails to direct specifically how or by whom the distribution or division in kind is to be made, it shall be the duty and authority of the executor or administrator with the will annexed to make the distribution or division in kind. 53-2-31. An heir or the administrator may petition the probate court for an order allowing a distribution in kind that is not pro rata as to each asset. The petition shall set forth the names and addresses of all the heirs and the requested distribution of the assets. Upon the filing of the petition, a citation shall be issued and parties in interest shall be served as provided in Chapter 11 of this title. 53-2-32. If no objection is made to the petition, the probate court shall order the administrator to distribute the assets in the manner requested in the petition. If objection is made, upon the evidence submitted, the probate court shall divide the assets in kind in shares that are pro rata or are not pro rata as to each asset and order the administrator to distribute the shares accordingly. ARTICLE 4 53-2-40. (a) When an individual has died intestate and there has been no administration in this state, any heir of the decedent may file a petition praying for an order that no administration is necessary. The petition shall be filed in the probate court of the county of the domicile of the

Page 536

decedent, if the decedent was domiciled in this state, or in the county in which real property is located, if the decedent was not domiciled in this state. (b) The petition shall show: the name and domicile of the decedent; the names, ages or majority status, and domicile of the heirs of the decedent; a description of the property in this state owned by the decedent; that the estate owes no debts or that there are known debts and all creditors have consented or will be served as provided in Chapter 11 of this title; and that the heirs have agreed upon a division of the estate among themselves. A copy of the agreement shall be attached to the petition. Property subject to an outstanding security deed or agreement may be subject to this proceeding only if the holder of the security deed consents or is served and makes no objection. (c) The personal representative of a deceased heir is authorized to agree to the division on behalf of that heir. 53-2-41. (a) Upon the filing of a petition that states that there are known creditors of the estate who are to be served, a citation shall be issued and any creditors of the estate shall be served as provided in Chapter 11 of this title. (b) If any creditor, whether the debt is due or not, objects to the granting of the order, the court shall refuse to grant an order finding that no administration is necessary so long as such objection is not withdrawn. (c) In the event no creditor files objection to the granting of the order or if all objections are withdrawn, the probate court shall ascertain the heirs of the decedent and whether they are all of age and suffering under no disability or are represented by a guardian or a personal representative. If the court finds that all the heirs have consented and that the estate of the decedent owes no debts or that all creditors have consented or withdrawn any objection, the court shall then enter an order in the proceedings finding that no administration is necessary. Should property described in the petition be located in a county other than the county in which the petition is filed, a certified copy of the proceedings, including any agreement filed pursuant to Code Section 53-2-40, and the order of the probate court thereon may be entered in the office of the clerk of the superior court of the county in which the property is located. (d) An order finding that no administration is necessary shall confirm the vesting of title to the decedent's property in the heirs in the amounts and portions described in Code Section 53-2-1, or, if different, in the agreement filed by the heirs in accordance with Code Section 53-2-40. (e) Property thereafter sold or encumbered by the heirs of the decedent to a purchaser or lender who acts in good faith reliance upon the order

Page 537

shall be discharged from all claims and rights of the creditors of the deceased owner, except such claims, liens, judgments, security deeds, mortgages, or encumbrances as have been filed for record in the manner required by law so as to constitute notice thereof at the time of such sale or encumbrance by the heirs. (f) Nothing in this chapter shall be deemed to apply to or adversely affect liens for taxes or liens arising from the giving or signing of the bond of a public official. 53-2-42. After the granting of an order by the probate court that no administration is necessary, any creditor of the decedent shall have a right of action on the unsatisfied debts against the heirs, to the extent of the value of property received by the heirs. ARTICLE 5 53-2-50. As used in this article, the term `escheat' is the reversion of property to the state upon a failure of heirs of a decedent to appear and make claim for or against property owned by the decedent at death for which no other disposition was provided either by will or otherwise. 53-2-51. (a) If no person has appeared and claimed to be an heir within four years from the date letters of any kind on an intestate decedent's estate were granted, the personal representative shall petition the probate court of the county in which the letters were granted for determination that property has escheated to the state. Such a petition shall set forth the full name of the decedent, the date of death, the fact that no person has appeared and claimed to be an heir, and the property of the estate which may have escheated to the state. (b) Upon filing of the petition, the probate court shall issue a citation as provided Chapter 11 of this title, requiring the heirs, if any, to file any objection to the petition by a date that is at least 60 days from the date of the citation, and shall order notice by publication to all heirs of the decedent as provided in Code Section 53-11-4. (c) If no individual files objection as an heir who is entitled to the property on or before the date set in the citation, the court shall order the property to be paid over and distributed to the county board of education to become a part of the educational fund. (d) If an individual files objection as an heir who is entitled to property, such claim shall be tried as other actions before the court. In such case, no property shall be paid over or distributed to the county board of

Page 538

education until the claim is determined in such manner as to establish that any individual making the claim is not entitled to the property. (e) When property is paid over or distributed to a county board of education, no further proceedings to terminate the administration of the estate shall be necessary. (f) The proceedings shall be conclusive upon and shall bind all the heirs of the estate. (g) All expenses incurred in the administration of such proceedings shall be paid from the property or proceeds of the estate. CHAPTER 3 53-3-1. (a) As used in this chapter, the terms `child' or `children' mean any minor child who would be entitled to inherit if the child's parent died intestate. (b) Among the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise in this chapter, is the provision of year's support for the family. (c) The surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death. 53-3-2. (a) A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support. (b) A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the petition for year's support. 53-3-3. A testator by will may make provision for the spouse in lieu of year's support, in which case the surviving spouse must make an election. 53-3-4. In solvent and insolvent estates, all taxes and liens for taxes accrued for years prior to the year of the decedent's death against the property set apart and against any equity of redemption applicable to the property set apart shall be divested as if the entire title were included in the year's support. Additionally, as elected in the petition, property taxes accrued in the year of the decedent's death or in the year in which the petition for year's support is filed or, if the petition is filed in the year of the

Page 539

decedent's death, in the year following the filing of the petition, shall be divested if the property is set apart for year's support. 53-3-5. (a) Upon the death of any individual leaving an estate solvent or insolvent, the surviving spouse or a minor child or a guardian or other person acting in behalf of the surviving spouse or a minor child may file a petition for year's support in the probate court having jurisdiction over the decedent's estate. (b) The petition shall set forth, as applicable, the full name of the surviving spouse, the full name and birthdate of each surviving minor child and a schedule of the property, including household furniture, which the petitioner proposes to have set aside. The petition shall fully and accurately describe any real property the petitioner proposes to have set aside with a legal description sufficient under the laws of this state to pass title to the real property. (c) A petition for year's support shall be filed within 24 months of the date of death of the decedent. 53-3-6. (a) As used in this Code section, the term `interested person' means the decedent's children, spouse, other heirs, beneficiaries, creditors, and any others having a property right in or claim against the estate of the decedent which may be affected by the year's support proceedings. (b) Upon the filing of the petition, the probate court shall issue a citation and publish a notice once a week for four weeks, citing all persons concerned to show cause by a day certain why the petition for year's support should not be granted. (c)(1) If there is a personal representative of the decedent's estate, then, in addition to the citation and notice required by subsection (b) of this Code section, the probate court shall cause a copy of the citation to be sent by mail to the personal representative of the decedent's estate. The copy of the citation shall be mailed not less than 21 days prior to the date and time shown in the citation. (2) If there is no personal representative of the decedent's estate, then, in addition to the citation and notice required by subsection (b) of this Code section, the petitioner or the attorney for the petitioner shall file with the probate court an affidavit, upon oath, showing the name, last known address, and age if less than age 18 of each interested person and stating that the petitioner or the attorney for the petitioner has listed all known interested persons and has made reasonable inquiry to ascertain the names, last known addresses, and ages of all interested persons. The probate court shall mail a copy of

Page 540

the citation to each interested person shown on the affidavit not less than 21 days prior to the date and time shown in the citation. (3) If the sole personal representative of the decedent's estate and the petitioner or the guardian of the petitioner are the same person, then paragraph (2) of this subsection shall govern as if the decedent's estate had no personal representative. (c) The probate court shall mail a copy of the petition within five days of its filing to the tax commissioner or tax collector of any county in this state in which property proposed to be set apart is located. 53-3-7. (a) If no objection is made after the publication of the notice, or, if made, is disallowed or withdrawn, the probate court shall enter an order setting aside as year's support the property applied for in the petition. (b) If objection is made, the probate court shall hear the petition and, upon the evidence submitted, shall determine the property to be set aside according to the standards set out in subsection (c) of this Code section. If an appeal is taken, pending the appeal the petitioners shall be furnished with necessaries by the personal representative of the estate, as allowed by the probate court. (c) If objection is made to the amount or nature of the property proposed to be set aside as year's support, the court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent, taking into consideration the following: (1) The support available to the individual for whom the property is to be set apart from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that individual; (2) The solvency of the estate; and (3) Such other relevant criteria as the court deems equitable and proper. The petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support. 53-3-8. If the decedent leaves minor children by different spouses, the probate court shall specify the portion going to the children of the former spouse or spouses, which portion shall vest in those children. 53-3-9. (a) Except as otherwise provided in Code Section 53-3-8, title to the property set apart shall vest in the surviving spouse and child or children

Page 541

or, if there is no surviving spouse, in the children, share and share alike; and the property shall not be administered as the estate of the deceased spouse or parent. (b) When property is set apart as a year's support for the benefit of the surviving spouse alone, the spouse shall thereafter own the same in fee, without restriction as to use, encumbrance, or disposition. 53-3-10. The probate court may award year's support as to property located inside or outside the county where the decedent was domiciled at the time of death; and title to property both inside and outside the county where the decedent was domiciled at the time of death shall vest in the surviving spouse, spouse and children, or children only, as applicable. 53-3-11. (a) When the probate court grants an order for year's support which awards an interest in real property located in this state, within 30 days after granting the order the court shall cause a certificate for the order to be filed with the clerk of the superior court in the county of this state where the real property or any part of the real property is located. The certificate shall: (1) Identify in the manner provided in Code Section 53-3-5 those individuals receiving the interest; (2) Identify the interest received; (3) Contain a legal description sufficient under the laws of this state to pass title to the real property in which the interest was received, provided that the words `Also lands in __________ County(ies),' which accurately identifies other counties within which the real property is located, shall be sufficient to describe real property located outside the county to which the order or a copy of the order was sent; and (4) Contain a certification by the probate court that the information in the certificate is correct. (b) The certificate to be filed under subsection (a) of this Code section shall be accompanied by the same fee required for the filing of deeds with the clerk of the superior court. The filing fee and any fee for the certificate shall be taxed as costs to the estate. (c) The clerk of any superior court receiving the certificate provided in subsection (a) of this Code section shall file and record the certificate upon the deed records of that county. The certificate shall be indexed according to the names appearing on the certificate as follows: (1) The grantor is the name of decedent; and

Page 542

(2) The grantee is the name of the individual or individuals to whom the award was made. (d) Upon the filing and recording as provided in subsection (c) of this Code section, the certificate shall be returned to the probate court from whom it was received, for inclusion in the probate court's permanent file. The probate court shall not be required to enter a certificate on the minutes of the court after the return of a certificate recorded under subsection (c) of this Code section. 53-3-12. (a) The fees of the probate court shall be paid by the petitioner for year's support out of the fund set apart. (b) The probate court may issue a writ of fieri facias against the personal representative of the estate for the amount awarded as provided in subsection (a) of this Code section. 53-3-13. The right of a surviving spouse or minor child to year's support from the estate of a decedent shall be barred by a sale or conveyance made prior to the award of year's support by the personal representative of the estate under authority of a court of competent jurisdiction or under power in a will; provided, however, that the sale or conveyance shall bar year's support and rights to year's support only as to the property sold or conveyed. 53-3-14. If year's support is set apart for the benefit of any individual in or with respect to real property on which there is a recorded option to purchase or contract to sell outstanding at the time the same is so set apart, the individual and any purchasers or lessees of the real property, after the same has been so set apart, shall take the real property or any interest therein subject to all of the rights and privileges of the grantee of the option or contract and of any assignees of the option or contract if the assignment or assignments are also recorded. 53-3-15. A conveyance, contract, or lien made or created by the surviving spouse or by the guardian of the minor child or children shall be superior to the title and interest of the surviving spouse or minor child or children under year's support subsequently applied for and set apart. 53-3-16. Whenever the vendor of real property makes a deed to such real property and takes a mortgage to secure the purchase money for such real property, neither the surviving spouse nor the children of the

Page 543

vendee shall be entitled to year's support in the real property as against the vendor or the vendor's heirs or assigns until the purchase money is fully paid. 53-3-17. Whenever the vendor of personal property, at the time of selling and delivering such personal property, takes a mortgage or other security interest to secure the payment of the purchase money for such personal property, neither the surviving spouse nor the minor child or children of the vendee shall be entitled to year's support in the personal property as against the vendor or the vendor's heirs, personal representatives, or assigns until the purchase money of the personal property is fully paid; provided, however, that the mortgage or other security interest shall expressly state that the same is executed and delivered for the purpose of securing the debt for the purchase. 53-3-18. Whenever a tenant dies owing a landlord for rent or for supplies for which the landlord has a special lien on the crops made on the lands rented from the landlord in the year the rent accrued or supplies were furnished, neither the surviving spouse nor spouse and minor children nor minor child or children only of the tenant shall be entitled to year's support out of the crops so planted or grown in that year as against the landlord until the accounts for the rent and supplies are fully paid, provided that the surviving spouse shall be entitled to year's support in such part of the crop as may remain after the landlord's lien for rent and supplies shall have been discharged. 53-3-19. (a) When property is set apart as year's support for the joint benefit of the surviving spouse and the minor child or children, a conveyance or encumbrance of the same or any or all parts of such property by the surviving spouse shall convey or encumber the title and interest of the spouse and shall be binding and conclusive upon the spouse. (b) The conveyance or encumbrance of any or all the property set apart as year's support for the joint benefit of the surviving spouse and the minor child or children shall convey or encumber and be binding and conclusive upon the child or children and person claiming through or under them only when approved by the probate court of the county in which the year's support award was made. No such approval shall be necessary to bind a child who is sui juris and who joins with the surviving spouse in making the conveyance or encumbrance. (c) The purchaser or lender shall not be responsible for the proper use or application of the proceeds derived from a sale or encumbrance contemplated under this Code section.

Page 544

53-3-20. (a) The approval of the probate court required by subsection (b) of Code Section 53-3-19 shall be obtained in the following manner: The surviving spouse shall petition the probate court, stating the purposes of the proposed conveyance or encumbrance and describing the property the spouse desires to convey or encumber, the nature of the proposed conveyance or encumbrance, and the names, last known addresses, and ages of the children for whose benefit the year's support was set apart. If the surviving spouse has died, the petition may be made by the guardian for any one or more of the children for whose benefit the year's support was set apart. The probate court shall set a date for hearing on the petition and shall appoint a guardian ad litem who shall accept the appointment in writing to represent the minor children. Not less than ten days prior to the date set for the hearing, personal service shall be made on each child for whose benefit the year's support was set apart who has attained the age of 18 at the time the petition is filed. If the surviving spouse does not know and cannot easily ascertain the addresses of any of the children, service shall be made by publishing notice of the date and purpose of the hearing one time and by posting a copy of the notice at the courthouse not less than ten days prior to the date set for the hearing. In addition to publication, the probate court shall mail a copy of the notice to the last known address of each child whose current address is unknown, not less than ten days prior to the date set for such hearing. Objections, if any, shall be made in writing. (b) At the hearing, the probate court shall determine that service has been made as required by this Code section and that the purpose or purposes of the proposed conveyance or encumbrance are proper and shall pass an order reciting due compliance with this Code section and approval of the proposed conveyance or encumbrance, which order shall be final and conclusive. (c) The proceedings shall be indexed and recorded in books to be kept for that purpose by the probate court in each county in which any of the property is located. (d) An appeal shall lie in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. CHAPTER 4 ARTICLE 1 53-4-1. A testator, by will, may make any disposition of property that is not inconsistent with the laws or contrary to the public policy of the state and may give all the property to strangers, to the exclusion of the testator's spouse and descendants.

Page 545

53-4-2. A will shall take effect instantly upon the death of the testator however long probate may be postponed. 53-4-3. No particular form is necessary to constitute a will. To determine whether an instrument is a will, the test is the intention of the maker to be gathered from the whole instrument, read in light of the surrounding circumstances. If the intention is to convey a present interest, though the possession is postponed until after death, the instrument is not a will. If the intention is to convey an interest accruing and having effect only at death, the instrument is a will. ARTICLE 2 53-4-10. (a) Every individual 14 years of age or older may make a will, unless laboring under some legal disability arising either from a want of capacity or a want of perfect liberty of action. (b) An individual who has been convicted of a crime shall not be deprived of the power to make a will. 53-4-11. (a) Testamentary capacity exists when the testator has a decided and rational desire as to the disposition of property. (b) An incapacity to contract may coexist with the capacity to make a will. (c) An insane individual generally may not make a will except during a lucid interval. A monomaniac may make a will if the will is in no way connected with the monomania. In all such cases, it must appear that the will expresses the wishes of the testator unbiased by the insanity or monomania with which the testator is affected. (d) Neither advancing age nor weakness of intellect nor eccentricity of habit or thought is inconsistent with the capacity to make a will. 53-4-12. A will must be freely and voluntarily executed. A will is not valid if anything destroys the testator's freedom of volition, such as fraudulent practices upon the testator's fears, affections, or sympathies; misrepresentation; duress; or undue influence whereby the will of another is substituted for the wishes of the testator.

Page 546

ARTICLE 3 53-4-20. (a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will. (b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's direction. (c) A codicil shall be executed by the testator and attested and subscribed by witnesses with the same formality as a will. 53-4-21. Knowledge of the contents of a will by the testator is necessary to the validity of a will. If the testator can read, the testator's signature or acknowledgment of that signature is presumed to show such knowledge. 53-4-22. (a) Any individual who is competent to be a witness and age 14 or over may witness a will. (b) If a witness is competent at the time of attesting the will, the subsequent incompetence of the witness shall not prevent the probate of the will. 53-4-23. (a) If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the will. (b) An individual may be a witness to a will by which a testamentary gift is given to that individual's spouse, the fact going only to the credibility of the witness. 53-4-24. (a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will or codicil may be made self-proved and the testimony of the witnesses in the probate regarding such will may be made unnecessary by the affidavits of the testator and the attesting witnesses made before a notary public. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisites of a self-proved will or codicil.

Page 547

(b) The affidavit shall be evidenced by a certificate, affixed with the official seal of the notary public, that is attached or annexed to the will or codicil, in form and content substantially as follows: (c) A self-proved will or codicil may be admitted to probate without the testimony of any subscribing witness, but otherwise it shall be treated no

Page 548

differently from a will or codicil that is not self-proved. In particular, without limiting the generality of the foregoing sentence, a self-proved will or codicil may be contested, revoked, or amended in exactly the same fashion as a will or codicil that is not self-proved. ARTICLE 4 53-4-30. A contract made after the effective date of this Code section that obligates an individual to make a will or a testamentary disposition, not to revoke a will or a testamentary disposition, or to die intestate shall be express and shall be in a writing that is signed by the obligor. 53-4-31. (a) A joint will is one will signed by two or more testators that deals with the distribution of the property of each testator. A joint will may be probated as each testator's will. (b) Mutual wills are separate wills of two or more testators that make reciprocal dispositions of each testator's property. 53-4-32. The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills. 53-4-33. (a) A joint will or mutual wills may be revoked by any testator in the same manner as any other will. (b) Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator. ARTICLE 5 53-4-40. A will may be changed or revoked by the testator at any time prior to the testator's death. 53-4-41. In all cases of revocation, the intent to revoke is necessary. 53-4-42. (a) A revocation may be express or implied. (b) An express revocation occurs when the testator by writing or action expressly annuls a will. An express revocation takes effect instantly. (c) An implied revocation results from the execution of a subsequent inconsistent will that does not by its terms expressly revoke the previous

Page 549

will. An implied revocation takes effect only when the subsequent inconsistent will becomes effective. If the subsequent inconsistent will fails to become effective from any cause, the implied revocation is not completed. 53-4-43. An express revocation may be effected by a subsequent will or other written instrument that is executed, subscribed, and attested with the same formality as required for a will. 53-4-44. An express revocation may be effected by any destruction or obliteration of the will done by the testator with an intent to revoke or by another at the testator's direction. The intent to revoke shall be presumed from the obliteration or cancellation of a material portion of the will. 53-4-45. (a) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by a later will or other written instrument, as described in Code Section 53-4-43, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect. (b) If a will or other written instrument that expressly revoked a previous will in its entirety is revoked by an act, as described in Code Section 53-4-44, the previous will remains revoked unless it is revived. The previous will is revived if it appears from the circumstances of the revocation of the will or other written instrument or from the testator's contemporaneous or subsequent declarations that the testator intended the previous will to take effect. (c) If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by a later will or other written instrument, as described in Code 53-4-43, the revoked or amended part of the previous will is revived to the extent it appears from the terms of the later will or other written instrument that the testator intended the previous will to take effect. (d) If a will or other written instrument that expressly revoked or amended a previous will in part is revoked by an act, as described in Code 53-4-44, the revoked or amended part of the previous will is revived unless it is evident from the circumstances of the revocation of the will or other written instrument or from the testator's contemporaneous or subsequent declarations that the testator did not intend the revoked or amended part of the previous will to take effect as executed. (e) If a will or other written instrument that expressly revoked a previous will in whole or in part is revoked by a later will or other written

Page 550

instrument, as described in Code Section 53-4-43, or by an act, as described in Code Section 53-4-44, and the previous will or any revoked or amended portion is not revived in accordance with the provisions of this Code section, the previous will may be republished in whole or in part in accordance with Code Section 53-4-50. 53-4-46. A presumption of intent to revoke arises if a testator's will cannot be found to probate; which presumption may be overcome by a preponderance of the evidence and provided further a copy of said will may be probated if the evidence shows that a lost will was not intended to be revoked. 53-4-47. An implied revocation extends only so far as an inconsistency exists between testamentary instruments. Any portion of a prior instrument that can stand consistently with the testamentary scheme in a subsequent instrument shall remain unrevoked. 53-4-48. (a) Except as otherwise provided in Code Section 53-4-49, the marriage of the testator, the birth of a child to the testator, including a posthumous child born within ten months of the testator's death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event shall result in a revocation of the will. (b) A provision in a will for a class of the testator's children shall be presumed to be made in contemplation of the birth or adoption of additional members of that class, absent an indication of a contrary intent, and the mere identification in the will of children already born or adopted at the time of the execution of the will shall not defeat this presumption. 53-4-49. All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator, and the provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the former spouse who are not also descendants of the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this Code section shall be revived.

Page 551

53-4-50. A revoked will may be republished by a writing executed by the testator and subscribed and attested by witnesses with the same formality required for a will. ARTICLE 6 53-4-55. In the construction of all wills, the court shall seek diligently for the intention of the testator and shall give effect to such intention as far as it may be consistent with the rules of law. Provided the proof of intention is clear and convincing, the court may transpose sentences or clauses, change conjunctions, and supply or delete words in cases in which a sentence or clause as it stands is unintelligible or inoperative in context. 53-4-56. In construing a will, the court may hear parol evidence of the circumstances surrounding the testator at the time of execution to explain all ambiguities, whether latent or patent. 53-4-57. If a will is illegal in part, the part that is legal may be sustained; but if the whole will so constitutes one testamentary scheme that the legal portion alone cannot give effect to the testator's intention, the whole will shall fail. 53-4-58. If at the time of execution of the will the testator fails to provide in the will for a living child of the testator solely because the testator believes the child to be dead, the child is entitled to receive a share in the estate as follows: (1) If the testator had no other child living at the time the will was executed, an omitted child receives a share equal in value to that which the child would have received had the testator died intestate but only to the extent that any provision in the will to or for the benefit of the surviving parent of the omitted child is not thereby reduced; or (2) If the will contains testamentary gifts to one or more other children of the testator, an omitted child is entitled to receive the share of the estate that the child would have received had the testator included all omitted children with the children to whom testamentary gifts were made under the will and had given an equal share to each child. To the extent feasible, the interest granted an omitted child must be of the same character, whether legal or equitable, present or future, as that left to the testator's other children under the will. In satisfying the share for the omitted child, the shares of the other

Page 552

children shall abate ratably, preserving to the maximum extent possible the testamentary plan adopted by the testator. 53-4-59. Testamentary gifts may be specific, demonstrative, general, or residuary. A specific testamentary gift directs the delivery of property particularly designated. A demonstrative testamentary gift designates the fund or property from which the gift is to be satisfied but nevertheless is an unconditional gift of the amount or value specified. A general testamentary gift does not direct the delivery of any particular property. A residuary testamentary gift includes all the property of the estate that is not effectively disposed of by other provisions of the will. 53-4-60. The income, profit, or increase of specific testamentary gifts, as a general rule, goes with the gift though the time of enjoyment or vesting may be postponed. 53-4-61. (a) A general or demonstrative testamentary gift usually bears interest at the legal rate after the expiration of 12 months from the death of the testator; provided, however, that when a general or demonstrative testamentary gift is to be paid at a later time or upon a later event, it bears no interest until such time or event. (b) The general rule described in subsection (a) of this Code section yields to the equity and necessity of a particular case if the condition of the estate as to the payment of debts and testamentary gifts is doubtful or if the fund out of which the testamentary gift is to be paid is unavailable for all the charges made upon it or if any other equitable circumstance intervenes. 53-4-62. If a testamentary gift to a charity cannot be executed in the exact manner provided by the testator, the superior court may exercise equitable powers in such a way as will as nearly as possible effectuate the intention of the testator. 53-4-63. (a) Unless otherwise directed, the debts of the testator shall be paid out of the residuum. Unless otherwise provided in the will, a residuary gift or any part thereof, including a residuary gift to a surviving spouse in lieu of year's support, shall be deemed a gift of the net residuum or part thereof remaining after all debts and expenses of administration, including taxes, have been paid. (b) If the residuum proves to be insufficient for the payment of the testator's debts and the expenses of administration, then general testamentary

Page 553

gifts shall abate pro rata to make up the deficiency. If general testamentary gifts are insufficient, then demonstrative testamentary gifts shall abate in the same manner. If both general and demonstrative gifts are insufficient, then specific gifts shall abate in the same manner. (c) After the estate assets in the executor's hands are exhausted, a creditor may proceed against each beneficiary for that beneficiary's pro rata share of the debts to the extent a testamentary gift has been distributed to that beneficiary. (d) Realty and personalty shall be equally liable for the payment of debts. (e) Unless otherwise expressly directed in the will, nothing in this Code section shall be deemed to limit any rights to reimbursement for federal estate taxes, generation-skipping transfer taxes, or any other taxes that may be available to personal representatives under federal law. 53-4-64. (a) If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary in the same proportions as if inherited directly from the deceased beneficiary under the intestacy laws of this state. (b) The provisions of subsection (a) of this Code section shall also apply to a testamentary gift to a class unless there appears a clear intent to the contrary. (c) If a beneficiary is treated as having predeceased the testator due to a divorce or annulment, as provided in Code Section 53-4-49, or due to the beneficiary being responsible for the death of the testator, as provided in Code Section 53-1-5, the provisions of subsection (a) of this Code section shall apply only to vest the testamentary gift in descendants of the beneficiary who are also descendants of the testator. 53-4-65. (a) A lapsed or void testamentary gift of realty or personalty shall become part of the residuum. (b) A lapsed or void gift of the residuum shall be deemed a part of the share of the other residuary beneficiaries in proportion to their original shares of the residuum. If there are no other residuary beneficiaries, a lapsed or void gift of the residuum shall pass by intestacy. 53-4-66. Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death.

Page 554

53-4-67. (a) If the testator exchanges property which is the subject of a specific testamentary gift for other property of like character, or merely changes the investment of a fund so given, the testator's intention shall be deemed to be to substitute the one for the other, and the testamentary gift shall not fail. (b) If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is lost, stolen, or destroyed, and if such loss, theft, or destruction is covered, wholly or in part, by insurance, the specific beneficiary has the right to any proceeds of such insurance that are unpaid at the testator's death or, if any such proceeds have been paid prior to the testator's death, or, if any such proceeds have been paid prior to the testator's death, to a pecuniary gift equal to the amount of the proceeds so paid. The foregoing provisions shall also apply if the property is damaged but not destroyed, except that the amount of the insurance proceeds or the pecuniary gift to be paid to the specific beneficiary shall be reduced by the cost of any repairs made to the damaged property by the testator or the testator's personal representative. (c) If, within six months prior to the testator's death, property which is the subject of a specific testamentary gift is taken by condemnation, the beneficiary has the right to any award for such condemnation unpaid at the testator's death or, if any such award has been paid prior to the testator's death, to a pecuniary gift equal to the amount of the award so paid. 53-4-68. (a) Conditions in a will that are impossible, illegal, or against public policy shall be void. (b) A condition in terrorem shall be void unless there is a direction in the will as to the disposition of the property if the condition in terrorem is violated, in which event the direction in the will shall be carried out. 53-4-69. A beneficiary taking under a will shall allow all the provisions of the will to be executed as far as the beneficiary can. A beneficiary who has a claim adverse to the will shall be required to elect whether to claim under the will or against it. However, the mere fact that the beneficiary is also a creditor shall not necessitate an election. 53-4-70. (a) When a testator has attempted to make a testamentary gift of property that is not the testator's own and has also given a benefit to a person to whom the property belongs, the person shall elect to take either under the will or against the will.

Page 555

(b) An election pursuant to subsection (a) of this Code section shall not be required if: (1) The will itself, from other causes, is not effective in passing title to the property in question; (2) The testator has an interest in the property in question upon which the will may operate; (3) The testamentary gift shows that the testator intended to give the property only in the event that the testator's own title was good; or (4) The benefit given to the person called upon to elect is not from the testator's own property but is by virtue of a power of appointment in the testator. 53-4-71. If, pursuant to Code Sections 53-4-69 and 53-4-70, an election is made against the will, the defeated beneficiary shall be entitled to compensation out of the property bequeathed to the person who made the election, up to the value of the defeated testamentary gift. 53-4-72. All property owned by the testator at death that was acquired subsequent to the making of a will shall pass under the will if the provisions of the will are sufficiently broad to embrace the property. 53-4-73. (a) Any individual who is 18 years of age or older and of sound mind may provide for the sale by contract or by will of a heart pacemaker implanted within the individual, such disposition to be made at death. If the sale is by will, it shall be effective without probate. (b) When individuals in prior classes are not available at the time of death of an individual having a heart pacemaker and in the absence of a disposition contract or will, actual notice of contrary indications by the decedent, and actual opposition by a member of the same or a prior class, any of the following individuals, in order of priority stated, may sell the heart pacemaker: (1) The spouse; (2) An adult son or daughter; (3) Either parent; (4) An adult brother or sister; (5) A guardian of the person of the decedent at the time of the decedent's death other than a guardian ad litem appointed for such purpose; or

Page 556

(6) Any other person authorized or under obligation to dispose of the body. (c) If a buyer has actual notice of contrary indications by the decedent or actual notice that a sale by a member of a class is opposed by a member of the same or a prior class, no valid sale may be made. The persons authorized by subsection (b) of this Code section may make the sale only after the time of death of the individual having the heart pacemaker. (d) Unless otherwise provided in a will or contract, all proceeds from sales under this Code section shall be added to the estate of the decedent. (e) Sales of pacemakers under this Code section shall be subject to: (1) Medical acceptability of the heart pacemaker for reuse; and (2) The laws of this state relating to autopsies. (f) This Code section shall not apply to the sale or gift of a nuclear-powered pacemaker. 53-4-74. (a) As used in this Code section, the term `marital deduction testamentary gift or transfer' means a testamentary gift or transfer of assets, including cash, which qualifies for the federal estate tax marital deduction. (b) Where a will or trust agreement authorizes or requires an executor, administrator, or trustee to satisfy a pecuniary marital deduction testamentary gift or transfer wholly or partly by a distribution of assets in kind at values which are finally determined for federal estate tax purposes or at values which are determined by reference to such federal estate tax valuation, the executor, administrator, or trustee, in satisfaction of the pecuniary marital deduction bequest or transfer, shall distribute assets, including cash, which shall have an aggregate fair market value fairly representative of the distributee's proportionate share of the appreciation or depreciation, from the date or dates of federal estate tax valuation to the date or dates of distribution in satisfaction of the pecuniary marital deduction bequest or transfer. CHAPTER 5 ARTICLE 1 53-5-1. (a) The probate court shall have exclusive jurisdiction over the probate of wills. (b) The county of domicile of the testator at death shall give jurisdiction to the probate court of that county.

Page 557

(c) The domicile of a testator who was in the care of a nursing home or other similar facility at the time of death shall be presumed to be the county in which the testator was domiciled immediately before entering the nursing home or other facility; provided, however, this presumption may be rebutted. If it is determined by the probate court that the testator considered or, in the absence of an impairment of mental faculties, the testator would have considered the county in which the facility is located to be the testator's domicile, then for purposes of this Code section that county shall be considered the testator's county of domicile. 53-5-2. The right to offer a will for probate shall belong to the executor, if one is named. If for any reason the executor fails to offer the will for probate with reasonable promptness, or if no executor is named, any interested person may offer the will for probate. 53-5-3. A will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; (2) An order granting year's support from the decedent's estate; or (3) An order that no administration is necessary on the decedent's estate. 53-5-4. An executor acting under or any person claiming under a will offered for probate within the period described in Code Section 53-5-3 shall be permitted to recover from a bona fide purchaser for value: (1) Property acquired from the heirs of the testator or anyone claiming through them, unless an order that no administration is necessary was entered prior to the purchase and the purchase occurred prior to the probate of the will; (2) Property set aside in a year's support proceeding and acquired from the spouse or children of the testator or anyone claiming through them, unless the order granting year's support was entered prior to the purchase and the purchase occurred prior to the probate of the will; and (3) Property acquired from the administrator of the testator's estate or the heirs of the testator or anyone claiming through them, unless the administrator was qualified prior to the purchase and the purchase occurred prior to the probate of the will.

Page 558

53-5-5. A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered. 53-5-6. On the investigation of an issue of devisavit vel non, the admission of an executor before qualification or of a beneficiary, other than a sole beneficiary, shall not be admissible in evidence to impeach the will except where the admission is in reference to the conduct or acts of the executor or beneficiary concerning some matter relevant to the issue. ARTICLE 2 53-5-15. Probate of a will may be in common form or in solemn form or both. 53-5-16. (a) The probate of a will in common form is not conclusive upon anyone interested in the estate adversely to the will except as provided in Code Section 53-5-19. (b) If set aside, probate of a will in common form does not protect the executor in any acts beyond the executor's normal duties of collecting and preserving assets of the estate and paying the debts of the estate. Bona fide purchasers without notice under legally made sales from the executor will be protected. 53-5-17. (a) A will may be proved in common form upon the testimony of a single subscribing witness and without notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness. (b) The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary. 53-5-18. The order to probate a will in common form may be granted by the probate court at any time. 53-5-19. Probate in common form shall become conclusive upon all parties in interest four years from the time of probate, except upon minor heirs who require proof in solemn form and interpose a caveat within four

Page 559

years after reaching the age of majority. In such case, if the will is refused probate in solemn form and no prior will is admitted to probate, an intestacy shall be declared only as to the minor or minors and not as to others whose right to caveat is barred by the lapse of time. ARTICLE 3 53-5-20. Probate in solemn form is conclusive upon all parties notified and upon all beneficiaries under the will who are represented by the executor. As to heirs not effectively notified, a proceeding to probate in solemn form shall otherwise be as conclusive as if probate had been in common form. 53-5-21. (a) A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 53-5-23. The testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execution is presumed subject to rebuttal without the necessity of the testimony of any witness upon filing the will and affidavit annexed or attached thereto. (b) The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of the surviving spouse and of all the other heirs, stating their relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters thereupon may issue without further delay. 53-5-22. (a) Probate in solemn form requires due notice to all the heirs of the testator and to the beneficiaries and propounders of any other purported will of the testator for which probate proceedings are pending in this state. Service of a notice of petition for probate in solemn form shall be personal if the party resides in this state and is known and shall be

Page 560

served at least ten days before probate is to be made, except that, if waived, the ten-day provision shall not apply. (b) For purposes of giving notice to beneficiaries under a purported will for which probate proceedings are pending in this state, notice shall be given to those of the following persons named or designated in the purported will whose identity and whereabouts may be determined by the petitioner in the exercise of reasonable diligence: (1) Each beneficiary who is designated in the will to receive a present interest or power, other than a mere trust beneficiary, and who, in the case of an individual, is sui juris; (2) The duly acting guardian or, if none, the person having custody of each individual beneficiary with a present interest or power, other than a mere trust beneficiary, who is not sui juris; and (3) Each trustee. Notice shall not be required in the case of a person whose interest, even though vested, cannot be possessed until the passage of time or the happening of a contingency. The probate court may, on motion, modify the notice required in the case of numerous beneficiaries of the same or similar class where the value of each testamentary gift is, or appears to be, nominal. Upon motion, the court may determine whether the interest of any beneficiary required to be notified under this subsection is adequately represented, including any contingent interest of a beneficiary, and if such representation is found to be inadequate, the court may appoint a guardian ad litem to represent each beneficiary or order such other notice as may be appropriate to a beneficiary of a contingent interest. If a trustee named in the will indicates a refusal to represent the beneficiaries of the testamentary trust, the court may order that notice be given directly to the beneficiaries of the trust. (c) Service of a notice of petition for probate in solemn form shall be in accordance with the provisions of Chapter 11 of this title and shall include a copy of the will for which probate is sought. If service is to be made by publication, the published notice shall contain a caption setting forth the court, the time the order or service by publication was granted, the name of the decedent, the fact that a petition has been filed seeking the probate of the will of the decedent in solemn form, and the name of the petitioner who seeks letters testamentary or the continuance in force of any letters testamentary previously granted. The notice shall command all parties to whom it is directed to file objection, if there is any, why the probate in solemn form should not be had. ARTICLE 4 53-5-23. (a) In all proceedings for the probate of a will in common form or solemn form, witnesses to the will may be examined in person or by

Page 561

written interrogatories which shall be answered in writing and under oath before a notary public or by depositions or other discovery procedures under the same circumstances as other civil cases. The probate court shall have the power to compel the attendance of witnesses in the same manner as the superior court. (b) Where witnesses are to be examined as authorized by this Code section, a photocopy of the will may be exhibited to the witnesses in lieu of the original will. The testimony of a witness to whom a photocopy of a will has been exhibited shall be given the same weight as though the original will had been exhibited to the witness. (c) The provisions of this Code section shall not be construed as repealing any other statutory provision prescribing a method or procedure for the taking of testimony by interrogatories or depositions, but as supplementary of such other provisions and cumulative to such other provisions and as providing additional means or methods of taking the testimony of subscribing witnesses to a will in proceedings for the probate of the will. The taking or procuring of testimony in the manner prescribed by this Code section shall be sufficient for all purposes of the probate proceedings, notwithstanding any other statute. 53-5-24. When it appears that a will cannot be proved as otherwise provided by law because at the time the will is offered for probate one or more of the subscribing witnesses to the will is dead or mentally or physically incapable of testifying or otherwise inaccessible, the court may admit the will to probate in common or solemn form upon the testimony in person or by affidavit or by deposition of at least two credible disinterested witnesses that the signature to the will is that of the individual whose will it purports to be or upon other sufficient proof of such signature. This Code section shall not preclude the court, in its discretion, from requiring, in addition, the testimony in person or by deposition of any available subscribing witness or proof of such other pertinent facts and circumstances as the court may deem necessary to admit the will to probate. 53-5-25. (a) Upon petition of the interested parties, any superior court on appeal or any probate court which is so authorized by Article 6 of Chapter 9 of Title 15 may approve a settlement agreement under which probate is granted or denied, providing for a disposition of the property contrary to the terms of the will. Approval of any settlement agreement that provides for the sustaining of the caveat or the disposition of the property contrary to the terms of the will shall be after a hearing, notice of which shall be given as the court may direct, at which evidence is introduced and at which the court finds as a matter of fact that there is a bona fide contest or controversy.

Page 562

(b) All individuals who are sui juris and affected by such a settlement agreement shall be authorized to enter into such an agreement which shall be assented to in writing by all the heirs of the testator and by all sui juris beneficiaries affected by such a settlement. (c) All individuals who are not sui juris, or are unborn beneficiaries, heirs, or persons unknown shall be represented in such proceedings by an independent guardian ad litem. It shall be the duty of the guardian ad litem to investigate the proposed settlement and report to the court the guardian's findings and recommendations. The court shall take the recommendations into consideration but shall not be bound by such recommendations. (d) A judgment entered in the court and based upon the settlement agreement shall be binding on all parties including individuals not sui juris, unborn beneficiaries or heirs, and persons unknown who are represented before the court by the guardian ad litem appointed for that purpose. 53-5-26. Upon petition to the probate court, a person named as an executor in a purported will of a decedent shall be entitled to recover from the estate of the decedent the expenses incurred in offering the will for probate in common or solemn form, including reasonable attorney's fees, provided the person proceeded in good faith. The probate court shall determine whether the person proceeded in good faith and the amount of the expenses. The order of the probate court shall be subject to appeal as is provided in other cases. ARTICLE 5 Part 1 53-5-30. For purposes of this article: (1) `Domiciliary jurisdiction' is the jurisdiction outside this state in which a nondomiciliary is domiciled at death. (2) `Foreign will' is the will of a nondomiciliary who dies while domiciled in a jurisdiction that is not a state or territory governed by the Constitution of the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state. (3) `Nondomiciliary' is a decedent who dies while domiciled in a jurisdiction that is outside this state. (4) `Out-of-state will' is the will of a nondomiciliary who dies while domiciled in a state or territory that is governed by the Constitution of

Page 563

the United States and who at death owns property located in this state or a cause of action the venue of which lies in this state. 53-5-31. A foreign will or an out-of-state will may be admitted to original common or solemn form probate under the rules governing probate of wills of testators who die domiciled in this state upon proof that the will is valid under the laws of this state and that it has not been offered for probate or establishment in the domiciliary jurisdiction or that it has been offered for probate but either no timely caveat or similar objection was filed in the domiciliary jurisdiction or the grounds of a pending caveat or similar objection are not such as would, if proved, cause the denial of probate. 53-5-32. If a foreign will or an out-of-state will is admitted to original probate in common or solemn form, the terms of the will shall be given effect under the laws of this state and shall be subject to the same defenses and objections as a will of a testator who died domiciled in this state. 53-5-33. (a) A foreign will or an out-of-state will duly admitted to probate or established under the laws of the domiciliary jurisdiction may be admitted to ancillary probate in solemn form upon proof that the will has not been offered for probate in this state in proceedings in which a caveat to such probate has been finally sustained or is pending. (b) For purposes of ancillary probate of out-of-state wills, when the out-of-state will has been admitted to probate or established in the domiciliary jurisdiction, the will may be admitted to ancillary probate in solemn form upon production of a properly certified copy of the will and a properly authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, certified according to Code Section 24-7-24, and may be attacked or resisted on the same grounds as other judicial proceedings from a state of the United States. (c) For purposes of ancillary probate of a foreign will, if the foreign will has been probated or established under the laws of the domiciliary jurisdiction, a certified copy of the will and an authenticated copy of the final proceedings in the jurisdiction in which the will was probated or established, under the seal of the court, shall be prima-facie evidence of the due execution of the will and the will may be admitted to ancillary probate but may be objected to by caveat or rebutted by proof, as in the case of a will offered for original probate. 53-5-34. If a foreign will or an out-of-state will is admitted to ancillary probate in this state, the validity and terms of the will shall be given effect under the laws of the domiciliary jurisdiction.

Page 564

53-5-35. (a) Wills that are probated or established in another state shall constitute muniments of title for the transfer and conveyance of real property in this state to the beneficiaries named in the will and such will shall be admitted in evidence in this state as muniments of title without being probated in this state when: (1) Such a will is accompanied by properly authenticated copies of the record admitting the will to probate in another state, certified according to Code Section 24-7-24; and (2) The certified copy of such a will is recorded in the office of the clerk of the superior court in the county in which the real property is situated in the record in which deeds are recorded in this state. (b) This Code section shall apply to all cases in which real property is held or claimed under wills not probated in this state and to all actions brought to recover or protect real property in this state. 53-5-36. The probate court of any county in this state in which is located any property owned by the decedent or any cause of action of which the decedent was possessed at death the venue of which lies in this state shall have original or ancillary jurisdiction of a foreign or out-of-state will. 53-5-37. Upon the admission of a foreign will or an out-of-state will to ancillary probate, an executor named by or pursuant to the will to serve in this state or, in the absence of objection, a duly qualified and acting executor, administrator, or personal representative for the estate under the laws of the jurisdiction in which the will was originally probated or established shall be entitled to qualify as executor or administrator with the will annexed in this state. If such person shall fail to qualify within a reasonable time after the will is admitted to ancillary probate or if objection is filed and the probate court shall find good cause why such person should not serve, the court shall name as administrator with the will annexed a person who could otherwise be named administrator with the will annexed under the laws of this state. No person may qualify as executor or administrator with the will annexed under this Code section if such person is not otherwise qualified to act as a fiduciary in this state. 53-5-38. If a nondomiciliary dies intestate owning real property located in this state, the real property shall be distributed to that decedent's heirs in accordance with the laws of intestacy of this state.

Page 565

53-5-39. When a nondomiciliary dies intestate owning real property located in any county of this state, the probate court of such county, on petition of any heir, creditor, or any duly qualified administrator or personal representative of the decedent, shall appoint an administrator of the estate in this state, in conformity with the proceedings required for the appointment of an administrator of a decedent who died domiciled in this state. Unless there is objection and good cause to the contrary shown, the duly qualified administrator or personal representative shall be appointed as the administrator of the estate in this state. No person may qualify as administrator under this Code section if such person is not otherwise qualified to act as a personal representative in this state. 53-5-40. Upon qualification, the ancillary personal representative shall give notice to all creditors of the nondomiciliary decedent who are domiciled in this state in the same manner as is required for decedents who die domiciled in this state. Following qualification and prior to performing any acts of ancillary administration in this state, the ancillary personal representative shall give notice, in accordance with Chapter 11 of this title, of the ancillary probate of the decedent's will or the ancillary administration of the decedent's estate to each beneficiary under the decedent's will who is domiciled in this state and to any heir of the decedent who is domiciled in this state. 53-5-41. An ancillary personal representative shall be subject to the laws of this state governing the administration of estates generally, except that by order of the probate court granted after notice to the persons known to have an interest in or claim against the estate in this state as an unsatisfied heir, beneficiary, or creditor residing in this state, the personal representative may be directed to: (1) Pay only those debts determined by the probate court to constitute administrative expenses or other debts incurred by the personal representative and debts payable to creditors residing or situated in this state; (2) Make distribution to any heirs or beneficiaries residing or situated in this state to the extent that the probate court determines to be practicable and not to the detriment of a testamentary scheme; and (3) If the provisions of paragraph (1) or (2) of this Code section or both paragraphs apply to the estate, distribute all property remaining in the hands of the ancillary personal representative to the personal representative qualified in the domiciliary jurisdiction rather than to the distributees of the estate.

Page 566

Part 2 53-5-42. When an individual dies domiciled outside of this state possessed of a claim to or against real or personal property or a cause of action within this state, if ancillary probate or administration has not been granted and is not pending in this state and there is a personal representative duly qualified and serving under the laws of the domiciliary jurisdiction, ancillary probate or administration shall not be required and the duly qualified personal representative may: (1) Take possession of personal property of the decedent located within this state and collect accounts or other sums due and payable to the decedent; (2) Sell and convey any property of the decedent located within this state; (3) Transfer the decedent's stock in any bank or other corporation in this state and withdraw deposits made by the decedent and receive dividends declared on the decedent's stock; (4) Sue in any court in this state to enforce any cause of action or recover any property of the decedent or the foreign personal representative; (5) Settle or compromise debts, claims, actions, causes of action, or controversies and give receipts, releases, or acquittances; (6) Exercise and enforce anywhere in this state any and all rights, powers, or privileges possessed by the decedent or the personal representative pursuant to deeds or bills of sale to secure debts, mortgages, financing statements, or other instruments given as security for debt or as liens of any kind, including foreclosing, taking possession of property to which either is entitled as security, and protecting any and all interests or rights of either as a creditor in bankruptcy, receivership, or other proceedings as fully as could any other person entitled to do so; and (7) Give deeds of assent and otherwise transfer or execute evidence of ownership of real and personal property located within this state pursuant to the decedent's will or under the laws of intestacy. Any of the foregoing powers of the personal representative shall be exercised in the same manner and in conformity with all requirements applicable to a personal representative of a decedent who dies domiciled in this state. If the personal representative of a decedent who dies domiciled outside this state is acting pursuant to the decedent's will, the personal representative may exercise such powers to the extent and in the manner contemplated by the will as if the will had been admitted to probate within this state. The filing of a petition for ancillary probate or administration in this state shall suspend all authority of the personal representative to perform any act within this state as such personal

Page 567

representative, but such authority shall be reinstated if the petition is dismissed or if the proceedings are otherwise finally terminated without a grant of probate or administration in this state. Any suspension of authority shall not serve to abate any action pending in any court in this state to which the personal representative is a party; when appropriate, the court may substitute a personal representative who becomes qualified in this state in place of the personal representative. The provisions of this Code section shall apply only if the personal representative is a citizen of the United States. 53-5-43. A copy of letters, or like documentation authenticated in accordance with Code Section 24-7-24, evidencing the qualification of the personal representative of the decedent who died domiciled outside this state, shall constitute prima-facie evidence of the authority of the personal representative to act in this state. Whenever a personal representative shall execute and deliver any deed of assent or conveyance with respect to real property located within this state, the personal representative shall attach to such deed as an exhibit the authenticated copy of the letters, and a certified copy of the will in the case of a testate decedent. The clerks of the superior courts of this state shall not be authorized to accept for filing and recording any deed given by such personal representative that does not conform to the foregoing requirements. Unless a third party has actual knowledge of the existence or pendency of ancillary probate or administration with respect to the decedent within this state, the third party who is dealing with the personal representative in reliance on the personal representative's letters and, in the case of a testate decedent, the out-of-state or foreign will, shall be fully protected. 53-5-44. Any person having an interest or claim as heir, beneficiary, or creditor with respect to any real or personal property located within this state of an individual who dies domiciled outside of this state may petition a probate court having jurisdiction for ancillary probate or administration and may apply to a court of equity to compel the personal representative to protect that person's interest. The court of equity may require ancillary probate or administration, transfer the matter to a probate court in this state having jurisdiction, and order the preservation of the existing status of the property pending the granting of ancillary probate or administration. 53-5-45. (a) A personal representative of a decedent who died domiciled outside this state submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by:

Page 568

(1) Receiving payment of money or taking delivery of personal property belonging to the estate of the decedent; or (2) Doing any act as a personal representative in this state that would have given the state jurisdiction over the actor as an individual. Jurisdiction under paragraph (1) of this subsection is limited to the money or value of personal property collected. (b) In addition to the jurisdiction conferred under subsection (a) of this Code section, a personal representative of a decedent who died domiciled outside this state is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death. 53-5-46. (a) Service of process may be made upon the personal representative of a decedent who dies domiciled outside this state by registered or certified mail, addressed to the personal representative's last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Notice by first-class mail is sufficient if certified or registered mail service to the addressee is unavailable. Service may be made upon the personal representative in the manner in which service could have been made under other laws of this state on either the personal representative or the decedent immediately prior to death. (b) If service is made on the personal representative as provided in subsection (a) of this Code section, the personal representative shall be allowed at least 30 days within which to appear and respond. 53-5-47. An adjudication with respect to personal property rendered in any jurisdiction in favor of or against any personal representative of the estate of a decedent who died outside this state is as binding upon the personal representative as if that person were a party to the adjudication. ARTICLE 6 53-5-50. (a) The probate court shall have original jurisdiction over any action to vacate, set aside, or amend its order admitting a will to probate which alleges: (1) That another will is entitled to be admitted to probate; or (2) That a codicil to the probated will is entitled to be admitted to probate. (b) Any such action shall be combined with a petition to probate in solemn form the other will or codicil. The court shall consider the

Page 569

petition to probate together with the action to vacate, set aside, or amend; and the court shall grant relief as is appropriate with respect to each matter. 53-5-51. (a) The petition made pursuant to Code Section 53-5-50 shall set forth the allegations on which the action is based and the name and address of the then acting personal representative, if any, of the estate, or, if none, the beneficiaries of the previously probated will required to be served by Code Section 53-5-22. The petition shall conclude with a prayer for the issuance of an order vacating, setting aside, or amending the earlier probate; the probate of the new will or codicil in solemn form; and the issuance of new letters testamentary. (b) The beneficiaries under the previously probated will shall be represented in the action by the then acting personal representative, if any; and service of notice upon the personal representative in the same manner as provided for by law under Chapter 11 of this title shall be the equivalent of service upon the beneficiaries. (c) If there is no then acting personal representative, the petition shall be served upon the beneficiaries who are required to be served by Code Section 53-5-22 of the previously probated will, in the same manner as upon the heirs, unless all such parties assent to the petition. (d) If the then acting personal representative acknowledges service of the petition and assents to the relief in the acknowledgment of service, the relief upon the petition may issue without delay. In the event there is no then acting personal representative, if all the beneficiaries acknowledge service of the petition and assent in their acknowledgments, the relief may issue without delay. CHAPTER 6 ARTICLE 1 53-6-1. Any individual who is sui juris, regardless of citizenship or residency, is eligible to serve as a personal representative of a decedent who dies domiciled in this state, subject to the requirements for qualification set forth in this chapter. Any other person is eligible to serve as a personal representative of a decedent who dies domiciled in this state, subject to the requirements set forth in this chapter, provided the person is otherwise qualified to act as a fiduciary in this state. 53-6-2. Any person who, without authority of law, wrongfully intermeddles with or converts the personalty of a decedent whose estate is unrepresented shall be deemed an executor de son tort and as such shall be liable to the

Page 570

creditors and heirs or beneficiaries of the estate for double the value of the property so possessed and converted. Such executor shall not be allowed to set off any debt due the executor by the decedent or voluntarily paid by the executor out of the assets. If the executor dies, the executor's personal representative shall be liable in the same manner and to the same extent as would the executor were the executor still living. ARTICLE 2 53-6-10. (a) No formal words are necessary for the nomination of an executor. An expression by the testator of a desire that the person carry into effect the testator's wishes shall amount to a nomination as executor. (b) Unless adjudged unfit, nominated executors shall have the right to qualify in the order set out in the will. (c) An individual who has not reached the age of majority may be nominated as an executor but may not qualify until reaching the age of majority. (d) If the will names a person to fill a vacancy in the office of executor or provides a method of selecting a personal representative to fill the vacancy, any vacancy shall be filled or selection made as provided in the will. 53-6-11. (a) If the nominated executor does not qualify within 90 days after the order admitting the will to probate is entered, the next nominated executor in the order set out in the will may qualify. If the next nominated executor fails to qualify within 90 days after the expiration of the time period by which the first nominated executor must qualify, any nominated executor may qualify. If no nominated executor appears to qualify within a reasonable time or if there is no other executor named in the will, the estate shall be deemed to be unrepresented. (b) A nominated executor who fails to qualify within the time period set out in subsection (a) of this Code section is deemed to have declined the right to serve as executor; provided, however, that this declination does not preclude the nominated executor from qualifying to serve as executor or administrator with the will annexed at a later time. 53-6-12. A nominated executor may decline in writing the right to serve as executor, but this shall not preclude the nominated executor from qualifying at a later time to serve as executor or administrator with the will annexed to fill a vacancy.

Page 571

53-6-13. Unless another nominated executor qualifies within the time provided in Code Section 53-6-11, the probate court shall appoint an administrator with the will annexed of a testate estate when: (1) No executor is nominated in the will; (2) The nominated executor has not reached the age of majority, to serve until the disability ceases; (3) The executor dies, resigns, or otherwise becomes disqualified to serve; or (4) A testate estate is unrepresented for any other reason. 53-6-14. (a) For purposes of this Code section, a beneficiary who is capable of expressing a choice is one: (1) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee; and (2) Whose identity and whereabouts are known or may be determined by reasonable diligence. (b) An administrator with the will annexed may be unanimously selected by the beneficiaries of the will who are capable of expressing a choice unless the sole beneficiary is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the decedent and the surviving spouse at the time of death. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following preferences: (1) Any beneficiary or the trustee of any trust that is a beneficiary under the will; or (2) Those persons listed in Code Section 53-6-20. (c) For purposes of this Code section, a beneficiary's choice is expressed by: (1) That beneficiary, if sui juris; (2) That beneficiary's guardian or, if none, the person having custody of the beneficiary if the beneficiary is not sui juris; (3) The trustee of a trust that is a beneficiary under the will; or (4) The personal representative of a deceased beneficiary receiving a present interest under the will.

Page 572

53-6-15. (a) Every petition for letters of administration with the will annexed shall be made in accordance with the procedures set forth in Code Section 53-5-21 if the will has not yet been admitted to probate and shall include a prayer for issuance of letters of administration with the will annexed. (b) If the will has been admitted to probate, the petition for letters of administration with the will annexed shall set forth the names, addresses, and ages or majority status of the beneficiaries, the date on which the will was admitted to probate, and the circumstances giving rise to the need for an administrator with the will annexed. The petition shall be served on the beneficiaries of the will in the manner described in Chapter 11 of this title. 53-6-16. (a) Every executor and every administrator with the will annexed, upon qualification, shall take and subscribe an oath or affirmation in substantially the following form: `I do solemnly swear (or affirm) that this writing contains the true last will of __________, deceased, so far as I know or believe, and that I will well and truly execute the same in accordance with the laws of Georgia. So help me God.' (b) The oath or affirmation of an executor or administrator with the will annexed as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the executor or administrator with the will annexed shall have the authority to grant a commission to a judge or clerk of any court of record of any other state to administer the oath or affirmation. ARTICLE 3 53-6-20. An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following order of preferences: (1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death;

Page 573

(2) One or more other heirs of the intestate or the person selected by the majority in interest of them; (3) Any other eligible person; (4) Any creditor of the estate; or (5) The county administrator. 53-6-21. (a) Every petition for letters of administration shall be made to the probate court of the county of domicile of the decedent, or, if the decedent was not domiciled in this state, then in a county where the estate or some portion of it is located. (b) The petition shall set forth the full name, the legal domicile, and the date of death of the decedent; the mailing address and place of domicile of the petitioner; the names, ages or majority status, and addresses of heirs, stating their relationship to the decedent; and, in the event full particulars are lacking, the reasons for any omission. The petition shall conclude with a prayer for issuance of letters of administration. If a prior personal representative has qualified, only such of the foregoing information as might be different from the information in the petition of the preceding personal representative shall be required. 53-6-22. Issuance of letters of administration requires due notice to the decedent's heirs, which shall be given in accordance with Chapter 11 of this title. 53-6-23. Letters of administration may issue to any person selected as provided by Code Section 53-6-20, and a new citation need not be published if the administrator is someone other than the person named in the citation. 53-6-24. (a) Every administrator, upon qualification (which qualification may be done at any time if appointed at a regular term), shall take and subscribe an oath or affirmation in substantially the following form: `I do solemnly swear (or affirm) that __________, deceased, died intestate so far as I know or believe, and that I will well and truly administer the estate in accordance with the laws of Georgia. So help me God.' (b) The oath or affirmation of an administrator as provided in subsection (a) of this Code section may be subscribed before the judge or clerk of any probate court of this state. The probate court appointing the administrator shall have the authority to grant a commission to a judge

Page 574

or clerk of any court of record of any state to administer the oath or affirmation. ARTICLE 4 53-6-30. (a) The probate court may at any time grant temporary letters of administration on an unrepresented estate to continue in full force and effect until the temporary administrator is discharged or a personal representative is appointed. (b) The probate court may appoint such person as temporary administrator as the court determines to be in the best interests of the estate. Pending an issue of devisavit vel non upon any paper propounded as a will which has not been admitted to probate in common form, the executor nominated in the purported will shall have preference in the appointment of a temporary administrator. (c) There shall be no appeal from an order granting temporary letters of administration. 53-6-31. A temporary administrator may bring an action for the collection of debts or for personal property of the decedent. If a personal representative is appointed pending the action, the personal representative may be made a party in lieu of the temporary administrator. ARTICLE 5 53-6-35. (a) The probate court of each county shall appoint a county administrator whose duty shall be to take charge of all estates unrepresented and not likely to be represented. (b) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1970 or any future such census, the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more additional county administrators who shall have the same powers, duties and authority and be subject to the same laws, including Chapter 3 of Title 29, relating to county guardians, as county administrators. (c) The order appointing the county administrator shall be entered on the minutes of the probate court and the original shall be placed in the possession of the county administrator. 53-6-36. (a)(1) Except as provided in paragraph (2) of this subsection, the county administrator shall have attained the age of 21 years and shall

Page 575

have been for at least one year a domiciliary of the county of appointment. (2) If the individual to be appointed as county administrator is an active member in good standing of the State Bar of Georgia, such individual need not be a domiciliary of the county but only a domiciliary of this state. (b) If the county governing authority consents, county administrators and ex officio county guardians may be paid an annual fee for so serving. The amount of any such fee shall be established by agreement of the county governing authority, the probate court, and the individual so serving. Any such fee shall be in addition to commissions authorized under other provisions of law. 53-6-37. (a) The term of office of a county administrator shall be four years and shall expire on the first Monday in March or when a successor is appointed and qualified. All vacancies in the office, whether by death, resignation, removal from the county, or removal from office, shall be filled by the probate court for the unexpired term. (b) When the term of a county administrator has expired or when a county administrator has been removed from office, the county administrator shall nevertheless continue to discharge the duties of administrator of all estates remaining in the administrator's hands unless the letters of administration are revoked. (c) A county administrator may resign the office as other administrators are allowed by law to do so. 53-6-38. If for any reason an estate is unrepresented and not likely to be represented, the probate court shall vest the administration of the estate in the county administrator, with notice given as provided for in Code Section 53-6-22. If, however, the estate does not exceed in value the sum set aside to the spouse and children of the decedent as year's support, no administration shall be necessary, but the probate court shall by order set apart the same to the spouse and children, as provided by law. 53-6-39. If for any reason a county has no county administrator and there is an unrepresented estate that is not likely to be represented, it shall be the duty of the probate court of any such county to vest the administration of the estate in the clerk of the superior court of the county. 53-6-40. (a) The probate court shall grant to the county administrator separate letters of administration upon each estate placed in the county administrator's

Page 576

hands. Except as provided in subsection (b) of this Code section, the county administrator shall be governed and controlled by the law provided for other administrators. (b) If a petition is made for the appointment of a county administrator as the administrator of an unrepresented estate for the sole purpose of making it possible to commence or continue a lawsuit against the estate and the granting of such petition is otherwise proper under applicable law, the probate court may appoint the county administrator as administrator of such estate. The probate court shall relieve the county administrator from all liabilities, duties, and obligations otherwise imposed on the administrator of an estate, including but not limited to the marshaling of assets, the publication of notice to creditors, the filing of an inventory, the filing of returns, and the posting of a separate bond, except for those duties and obligations directly related to the acceptance of service of process and qualification as administrator and other duties directly related to the lawsuit. Additionally, the probate court may provide for the payment of reasonable compensation to the county administrator by the petitioner sufficient to cover the time devoted to and expenses incurred by the county administrator in the performance of the duties and obligations with respect to the estate, such compensation to be determined by the probate court in the same manner that the amount of any extra compensation claimed by the administrator is to be determined. 53-6-41. Each county administrator shall give bond, with good security to be judged by the probate court, in the sum of $5,000.00. The bond shall be payable to the probate court for the benefit of all concerned. It shall be attested by the judge or clerk of the probate court and shall be conditioned upon the faithful discharge of the county administrator's duty as such, as required by law. Actions on the bond may be brought by any person aggrieved by the misconduct of the county administrator, as provided by law for actions on the bonds of other administrators. 53-6-42. The probate court may, for good cause shown, as provided in Code Sections 29-4-14, 29-4-15, and 53-7-14, revoke the letters of administration of the county administrator, require additional security on the county administrator's bond, or pass such other order as is expedient and necessary for the good of any particular estate in the hands of any county administrator. 53-6-43. (a) If, in the opinion of the probate court or upon the petition of an heir, it shall become necessary for the good of any estate placed or about to be placed in the hands of the county administrator for the administrator

Page 577

to give additional security on the bond or to give additional bond with security, the probate court shall have the authority to fix the amount of the bond and shall cite the county administrator to appear at a regular term of the court and show cause, if any, why the additional bond or additional security should not be given. (b) If, upon the hearing, the county administrator fails to show good cause why the additional bond or additional security should not be given, the probate court shall pass an order fixing the amount of the bond and directing the county administrator to give additional security on or before a day named, which day shall be within 30 days of the date of the order. (c) Should the county administrator fail, refuse, or neglect to give additional bond or additional security on or before the day fixed in the order of the probate court and fail to show good cause why further time should be allowed, it shall be the duty of the probate court to remove the county administrator and to appoint another for the unexpired term of office. The order of removal shall be recorded as provided for the order of appointment. 53-6-44. Nothing in this article shall be construed to require the probate court to vest administration in the county administrator or any other person when the heirs agree to settle the estate without administration. ARTICLE 6 53-6-50. (a) Unless otherwise provided in this Code section, any person who seeks to qualify to serve as the personal representative of an intestate estate or as a temporary administrator shall be required to give bond with good and sufficient security. (b) A national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a personal representative of an intestate estate or temporary administrator shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond. (c) A person petitioning to qualify as a personal representative of an intestate estate may be relieved from the requirement for giving bond by the unanimous consent of the heirs of the estate. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. If there is no guardian, consent may be given by either parent

Page 578

of a minor heir or by a majority in interest of the heirs apparent of an incapacitated adult heir. The personal representative of a deceased heir is authorized to consent for that heir. In no case may consent on behalf of an heir who is not sui juris be effective if the person consenting is the person petitioning to serve as personal representative. (d) The provisions of this Code section shall not apply to bonds described in Code Section 53-6-41 and Code Section 53-6-53. 53-6-51. (a) The bond of a personal representative or temporary administrator shall be secured by an individual who is a domiciliary of this state or by a licensed commercial surety authorized to transact business in this state, shall be payable to the probate court for the benefit of all concerned, shall be conditioned upon the faithful discharge of the personal representative's or temporary administrator's duty as such as required by law, and shall be attested by the judge of the probate court or the clerk of the probate court. (b) Whenever a personal representative or temporary administrator is required to give bond, the probate court may order the personal representative or temporary administrator to post such bond for a period of time greater than one year, as may be appropriate in the circumstances. A surety on the bond posted pursuant to this Code section shall not be relieved of liability merely because of the expiration of the term of the bond but shall be subject to the provisions of law for the discharge of a surety applicable to other bonds. (c) The bond shall be in a sum equal to double the value of the estate to be administered; provided, however, that the bond shall be in an amount equal to the value of the estate if secured by a licensed commercial surety authorized to transact business in this state. The value of the estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the personal representative or temporary administrator as fiduciary but, upon the conversion of the real property into personalty, a new bond shall be given based upon the value of the estate, including the value of the personalty into which the real property was converted. (d) Substantial compliance with these requisites for the bond shall be deemed sufficient; and no bond shall be declared invalid by reason of any variation from these requisites as to payee, amount, or condition, where the manifest intention was to give bond as personal representative or temporary administrator and a breach of the fiduciary's duty as such has been proved. 53-6-52. If the value of an estate decreases, the probate court may permit a corresponding reduction in the amount of the bond, but this reduction

Page 579

does not affect the liability of the surety for prior waste or misconduct by the personal representative or temporary administrator. 53-6-53. When a personal representative has qualified to serve without bond or is not otherwise required by law to give bond, the probate court, on its own motion or on the representation of any party in interest that the personal representative is mismanaging the estate, shall order the personal representative to appear and show cause as to why bond should not be given or the personal representative's letters revoked. The order shall be served in person on the personal representative at least ten days prior to the hearing. Failure to show cause shall authorize the court to require bond or to revoke the letters or to take any other action as may be necessary under the circumstances. 53-6-54. The clerk of the probate court shall record bonds in a book kept for that purpose and shall retain custody of the bonds. ARTICLE 7 53-6-60. (a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will. (b) If the personal representative's compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to: (1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on all sums paid out by the personal representative, either for debts, legacies, or distributive shares; (2) Ten percent commission on the amount of interest made if, during the course of administration, the personal representative shall receive interest on money loaned by the decedent or by the personal representative in that capacity and shall include the same on the return to the probate court so as to become chargeable therewith as a part of the corpus of the estate; (3) Reasonable compensation, as determined in the discretion of the probate court, for the delivery over of property in kind, not exceeding

Page 580

3 percent of the appraised value and, in cases where there has been no appraisal, not over 3 percent of the fair value as found by the judge, irrespective of whether delivery over in kind is made pursuant to proceedings for that purpose in the probate court and irrespective of whether the property, except money, is tangible or intangible, personal or real; and (4) In the discretion of the probate court, compensation for working land for the benefit of the parties in interest in no case exceeding 10 percent of the annual income of the property so managed. (c) Whenever any portion of the dividends, interest, or rents payable to a personal representative is required by law of the United States or other governmental unit to be withheld by the person paying the same for income tax purposes, the amount so withheld shall be deemed to have been collected by the personal representative. (d) Unless the will or written agreement specifies otherwise, where some or all of the estate passes through the hands of several personal representatives by reason of the death, removal, or resignation of the first qualified personal representative, or otherwise, the estate shall not be subject to diminution by charges of commission of each successive personal representative holding and receiving in the same right but rather commissions for receiving the estate shall be paid to the first personal representative or that person's representative, and commissions for paying out shall be paid to the personal representative who actually distributes the fund, and no commissions shall be paid for handing over the fund to a successor personal representative. If there is more than one personal representative serving simultaneously, the division of the compensation allowed them shall be according to the services rendered by each. (e) Unless the will or written agreement specifies otherwise, a personal representative is entitled to receive commissions on debts, legacies, and distributive shares paid to that personal representative in the same manner as commissions to which the personal representative would be entitled under the terms of the will or written agreement or applicable law on such items paid to others. (f) Personal representatives who fail to make annual returns as required by law shall forfeit all commissions for transactions during the year within which no return is made unless the probate court, upon cause shown, shall by special order entered on the minutes relieve them from the forfeiture. (g) A personal representative may renounce the right to all or any part of the compensation to which the personal representative is entitled under this Code section.

Page 581

53-6-61. Personal representatives shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, the expenses and premiums incurred in securing a bond, and the expenses of counsel and other agents. 53-6-62. (a) A personal representative may petition the probate court for compensation that is greater than that allowed under Code Section 53-6-60. Service of notice of the petition for extra compensation shall be made to all the heirs of an intestate decedent or to all the beneficiaries under the will of a testate decedent. Service shall be made in the manner described in Chapter 11 of this title and shall direct the parties served to file any written objections to the extra compensation with the probate court within ten days. (b) After hearing any objection filed by the heirs or beneficiaries of the estate, the probate court shall allow such extra compensation as the court deems reasonable. The allowance of extra compensation shall be conclusive as to all parties in interest. (c) If the amount of compensation that is specified in a testator's will is less than the amount allowed under Code Section 53-6-60, the personal representative may petition for greater compensation in the manner described in this Code section. 53-6-63. (a) Any executor who is a domiciliary of this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise where the estate of the decedent owns an interest in the corporation or other business enterprise, provided that: (1) The services provided by the executor to the corporation or other business enterprise are of a managerial, executive, or business advisory nature; (2) The compensation received for the services is reasonable; and (3) The services are performed and the executor is paid pursuant to a contract executed by the executor and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the executor and are not related to the executor and provided the contract is approved by the probate court of the county in which the administration proceeding is pending. (b) Any executor receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such

Page 582

services as provided in Code Section 53-6-62; provided, however, that nothing in this Code section shall prohibit the receipt by the executor of extra compensation for services rendered in respect to other assets or matters involving the estate. (c) Nothing in this Code section shall prohibit the receipt by executors of normal commissions and compensation for the usual services performed by executors pursuant to law or pursuant to any fee agreement executed by the testator. (d) The purpose of this Code section is to enable additional compensation to be paid to executors for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 53-6-62. CHAPTER 7 ARTICLE 1 53-7-1. (a) The duties and powers of the personal representative commence upon qualification. Such powers relate back to give acts performed by the personal representative prior to qualification that are beneficial to the estate the same effect as those acts performed after qualification. The personal representative may ratify and accept on behalf of the estate acts that are done by others that would have been proper acts for the personal representative. A personal representative is a fiduciary who, in addition to the specific duties imposed by law, is under a general duty to settle the estate as expeditiously and with as little sacrifice of value as is reasonable under all of the circumstances. The personal representative shall use the authority and powers conferred by law, by the terms of any will under which the personal representative is acting, by any order of court in proceedings to which the personal representative is a party, and by the rules generally applicable to fiduciaries to act in the best interests of all persons who are interested in the estate and with due regard for their respective rights. (b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian, or, if none, by either parent in the case of a minor or by a majority in interest of the heirs apparent in the case of an incapacitated adult; provided, however, that such consent on behalf of an individual who is not sui juris shall not be effective when the only individual who is consenting is the individual who will serve or who is serving as the

Page 583

personal representative. The personal representative of a deceased beneficiary or heir is authorized to consent on behalf of that beneficiary or heir. The grant of powers may only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 be granted. 53-7-2. The personal representative shall be entitled to possess and administer the entire estate. If, after payment of debts and satisfaction of testamentary gifts, there are assets not given under the will, such assets shall be distributed to the heirs of the decedent as if the decedent had died intestate. 53-7-3. An administrator with the will annexed shall have all rights, powers, privileges, exemptions, and immunities of the executor, including the dispensation by the testator of the necessity of making inventory and returns. 53-7-4. Temporary administrators, pending the appointment of a personal representative, and executors, pending litigation of caveats to wills, are authorized to carry out existing contracts of the decedent, carry on the business of the decedent, and do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest. 53-7-5. (a) If more than one personal representative is qualified and unless the will provides otherwise: (1) The personal representatives must act by their unanimous action; provided, however, that while a personal representative is unable to act because of inaccessibility, illness, or other incapacity, or when a vacancy occurs for any other reason, the remaining personal representatives may act as if they were the only personal representatives if necessary to administer the estate; and (2) The personal representatives may delegate in writing to one or more of them the authority to act for all of them; provided, however, that all the personal representatives remain liable for the actions of the personal representative who is authorized to act. (b) If more than one personal representative is qualified and unless the will provides otherwise, a personal representative is liable for a breach committed by another personal representative:

Page 584

(1) By participating in a breach of fiduciary duty committed by the other personal representative; (2) By approving, knowingly acquiescing in, or concealing a breach of fiduciary duty committed by the other personal representative; (3) By negligently enabling the other personal representative to commit a breach of fiduciary duty; or (4) By neglecting to take reasonable steps to compel the other personal representative to redress a breach of fiduciary duty in a case where the personal representative knows or reasonably should have known of the breach of trust. (c) When safe deposit boxes or receptacles are leased or rented to fiduciaries, including executors, administrators, guardians, trustees, custodians, receivers, and the like, the fiduciary or fiduciaries, as lessee or renter, may authorize the entering of the box or receptacle by one or fewer than all of them or by any other person without the presence or consent of the fiduciary or fiduciaries. Upon receipt of the written authorization, the bank or lessor may without liability authorize access to the box or receptacle in accordance with such authorization. Upon cancellation of the authorization, the bank or lessor may require the presence of all lessees or renters for access. 53-7-6. Except as otherwise provided in the will, a personal representative is authorized: (1) To borrow money and to bind the estate by the execution of a promissory note for money borrowed and to pledge any or all the property of the estate for the payment of such a promissory note by mortgage, trust deed, deed to secure debt, or other security instrument, for the purpose of paying any gift, estate, inheritance, income, sales, or ad valorem taxes due the United States, the state, or any municipality or county of the state which constitute a claim or demand against the estate; provided, however, that a personal representative who desires to borrow money shall file a petition with the probate court, setting forth the facts and specifying the amount to be borrowed, the purpose for which the same shall be used, the rate of interest to be paid, the property to be pledged as security and the period of time over which the loan is to be repaid and, upon notice and hearing of the petition, an order granting leave to borrow the money and encumber the estate shall be entered and such order shall be binding, final and conclusive as to all interested parties; (2) To make contracts for labor or service for the benefit of the estate upon such terms as the personal representative deems best and all such contracts made in good faith shall be a charge upon and bind the estate whenever such contracts are approved by the probate court;

Page 585

(3) To fulfill, as far as possible, the executory contracts and comply with the executed contracts of the decedent, including contracts for the sale of land or bonds to make title to land, and shall have a corresponding right to demand the same of parties contracted with; provided, however, that if the personal skill of the decedent entered into the consideration of the contract and the decedent's death renders execution impossible, the contract, though entire, shall be considered divisible and closed at the decedent's death and any partial execution by the decedent shall authorize and require a corresponding compliance by the other contracting party; (4) To provide competent legal counsel for the estate according to the needs of the estate and, in such cases, either the personal representative or the attorney employed may, by petition to the probate court duly served on the other, obtain a judgment fixing the attorney's fees and expenses; (5) To continue the business of the decedent for the 12 months following qualification of the personal representative, after which the personal representative may petition for permission to continue the business under such terms and conditions as the probate court may specify; and (6) To petition the probate court for permission to perform such other acts as may be in the best interests of the estate. 53-7-7. Except as otherwise provided in the will, income received by an executor during the period of administration from property that is used to pay debts, taxes, expenses of administration, general testamentary gifts, and other expenses chargeable to corpus shall be paid to the income beneficiaries of the residuum of the estate; provided, however, that nothing contained in this Code section shall alter or repeal Code Section 53-4-60. 53-7-8. Whenever a personal representative has paid all the debts of the decedent and all claims against the estate, and property due minor heirs or beneficiaries for whom no one applies to be guardian is left in the personal representative's hands, the personal representative may, under the direction of the probate court, apply so much of the minor's share of the decedent's estate as may be necessary for support and education as guardians are allowed by law to do. ARTICLE 2 53-7-10. (a) For purposes of this article, the term `personal representative' includes temporary administrators.

Page 586

(b) When an action is brought against a personal representative in that person's representative capacity, the personal representative may make the following defenses: (1) That person does not occupy the position of personal representative, as alleged; (2) That no assets have come into the hands of the personal representative; (3) That all assets coming into the hands of the personal representative have been fully administered; (4) That all assets coming into the hands of the personal representative have been fully administered except those necessary to satisfy debts of a greater priority; (5) That the personal representative has fully administered the assets that came into the personal representative's hands; or (6) That, pending the action, the letters testamentary or of administration have been revoked and the administration committed to another to whom all the assets that came into the personal representative's hands have been delivered. 53-7-11. When the cause of action originated in the lifetime of the decedent, a personal representative may make any defense or pleading which the decedent could have made if alive. 53-7-12. An action against joint personal representatives shall not abate by the death of one but shall proceed against the survivor or survivors. 53-7-13. In all cases where there are two or more personal representatives and one or more of them removes beyond the limits of this state, service of any writ or process upon those remaining in the state shall be as effectual and complete, for all purposes whatever, as though service had been made upon all of the personal representatives. 53-7-14. (a) When letters testamentary or letters of administration are revoked, no action by or against the removed personal representative shall abate. The newly appointed personal representative may be made a party plaintiff or defendant in place of the removed personal representative. (b) The revocation of letters of administration shall not abate any action pending for or against the personal representative, but the newly

Page 587

appointed personal representative shall be made a party in proper cases as in the death of a party. 53-7-15. The provisions of law governing the situation in which the surety on a guardian's bond dies, becomes insolvent, removes beyond the limits of this state, from other cause becomes insufficient, or desires to be relieved as surety shall be applicable to sureties on personal representatives' bonds. 53-7-16. The personal representative and sureties shall be held and deemed joint and several obligors and may be subjected jointly and severally to liability in the same action. When a personal representative removes beyond the limits of this state, dies and leaves an unrepresented estate, or is in such a position that an attachment may be issued as against a debtor, any party in interest or any person having demands against that personal representative in the personal representative's representative capacity may institute an action against the sureties or any one or more of them upon the bond of the personal representative in the first instance, without first obtaining a judgment against the personal representative in that person's representative capacity. No prior judgment establishing the liability of the personal representative or a devastavit by the personal representative shall be necessary before an action is brought against the sureties on the bond. 53-7-17. If two or more personal representatives unite in a common bond, all the sureties shall be bound for the acts of each personal representative and the personal representatives themselves shall be mutual sureties for each other's conduct. 53-7-18. In all cases of removal of a personal representative for any cause, the sureties on that personal representative's bond shall be liable for the personal representative's acts in connection with the estate up to the time of settlement with another personal representative or the distributees of the estate. 53-7-19. When any personal representative fails to settle and account with any heir or beneficiary of the estate, the heir or beneficiary may bring an action on the bond of the personal representative in the first instance and may recover judgment against the principal and the principal's sureties without first bringing an action against the personal representative in that person's representative capacity.

Page 588

53-7-20. Upon the rendition of a judgment against a personal representative upon any liability of the decedent and a return of writ of execution marked nulla bona, the plaintiff may at once bring an action on the bond of the personal representative and may recover judgment against the principal and the sureties in the same action. If the principal has removed beyond the limits of this state or has died and has no legal representative, the plaintiff may bring an action against the sureties on the bond alone, without joining the principal. 53-7-21. In an action against a personal representative in that person's representative capacity, the judgment shall generally be de bonis testatoris. However, when the personal representative unsuccessfully makes any of the defenses described in Code Section 53-7-10 or a release, the judgment shall be that the plaintiff recover both the debt and costs, to be first levied on the property of the decedent, if found, and if such property is not found, then to be levied on the property of the defendant personal representative. 53-7-22. (a) When a judgment has been obtained against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary, a levy may be made upon any property of any defendant in fi. fa. (b) The probate court shall be authorized to enter a judgment and to issue a writ of execution against the principal and surety or sureties on the bond of a personal representative, guardian, or other fiduciary and shall be further authorized to grant judgment and execution in favor of the surety or sureties against the principal upon payment of the judgment by the surety or sureties. 53-7-23. In all cases of judgments recovered against a personal representative and the sureties of a personal representative, the execution shall first be levied on the property of the sureties, and no levy shall be made on the property of the principal until there is a return of nulla bona as to the sureties. ARTICLE 3 53-7-30. (a) Unless otherwise provided by will or relieved under Code Sections 53-7-32 or 53-7-33, the personal representative shall prepare an inventory of all the property of the decedent. The personal representative shall file the inventory with the probate court and shall deliver a copy of the

Page 589

inventory to the beneficiaries of a testate estate or the heirs of an intestate estate by first-class mail within six months after the qualification of the personal representative. The time for filing the inventory may be extended by the probate court for good cause shown. The inventory shall state that it contains a true statement of all the property of the decedent within the knowledge of the personal representative and shall be verified in the same manner as a petition filed in the probate court. The inventory shall state that the inventory has been mailed to all beneficiaries or heirs who are entitled to receive the inventory and shall provide the name of any beneficiary or heir who has waived the right to receive the inventory, as provided in Code Section 53-7-32. (b) In the event other property of the decedent comes into the hands of the personal representative after the inventory is filed, the personal representative shall file with the probate court a supplementary inventory and shall mail a copy of it to the beneficiaries or heirs in the manner prescribed in subsection (a) of this Code section within 90 days of the receipt of such property. 53-7-31. The inventory provided for in Code Section 53-7-30 shall be made jointly by all the personal representatives but shall not be conclusive proof of joint possession of the assets. 53-7-32. (a) Any beneficiary of a testate estate or heir of an intestate estate may waive individually the right to receive the inventory from the personal representative. Such waiver shall be made in a signed writing that is delivered to the personal representative and may be revoked in writing by the beneficiary or heir at any time. (b) By unanimous written consent, the beneficiaries of a testate estate or the heirs of an intestate estate may authorize the probate court to relieve the personal representative of the duty to make inventory in the same manner as described in subsection (b) of Code Section 53-7-1. 53-7-33. A testator may, by will, dispense with the necessity of the personal representative's making an inventory to the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file inventories or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be construed as dispensing with the necessity of inventories in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will.

Page 590

ARTICLE 4 53-7-40. Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order: (1) Year's support for the family; (2) Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave; (3) Other necessary expenses of administration; (4) Reasonable expenses of the decedent's last illness; (5) Unpaid taxes or other debts due the state or the United States; (6) Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and (7) All other claims. 53-7-41. The personal representative shall be allowed six months from the date of the qualification of the first personal representative to serve in which to ascertain the condition of the estate. Every personal representative shall within 60 days from the date of qualification give notice by publication, as described in Chapter 11 of this title, for creditors of the estate to render an account of their demands. Creditors who fail to give notice of claims within three months from the date of publication of the personal representative's last notice shall lose all rights to an equal participation with creditors of equal priority to whom distribution is made before notice of such claims is brought to the personal representative, and they may not hold the personal representative liable for a misappropriation of the funds. If, however, there are assets in the hands of the personal representative sufficient to pay such debts and if no claims of greater priority are unpaid, the assets shall be thus appropriated notwithstanding failure to give notice. 53-7-42. (a) The personal representative shall not be required to pay the debts of the estate, wholly or in part, until six months from the date of qualification of the first personal representative to serve. If partial payment shall be made, it shall be pro rata on debts of equal priority, including debts due the personal representative, and shall continue pro

Page 591

rata until the debts of the estate shall be paid out. Successive dividends to creditors shall be made at the end of every year until the estate shall be paid out. (b) No action to recover a debt due by the decedent shall be commenced against the personal representative until the expiration of six months from the date of qualification of the first personal representative to serve. 53-7-43. If the estate shall have been distributed to the heirs or beneficiaries without notice of an existing debt, a creditor may compel them to contribute pro rata to the payment of the debt. 53-7-44. Except as otherwise provided by the will, any debt not due by its terms at the time for payment of debts of equal priority shall be satisfied and the estate shall be discharged with respect to such debt in such manner as the personal representative deems to be in the best interest of the estate in accordance with the following rules: (1) The debt may be prepaid in accordance with the terms of any right to prepay; (2) By agreement with the creditor, the debt may be satisfied before it is due by the payment of an amount representing the agreed present value of the debt; (3) By agreement with the creditor, the debt may be assumed by one or more heirs or beneficiaries or by any other person; and (4) By agreement with the creditor, or by order of the probate court after notice to the creditor and a hearing, arrangement for future payment may be made by creating a trust, giving a deed to secure debt or security interest, obtaining a bond or other security from one or more heirs or beneficiaries, or otherwise. 53-7-45. Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle claims in favor of or against the estate. ARTICLE 5 53-7-50. (a) A personal representative who has fully performed all duties may petition the probate court for discharge from the office. The petition shall state that the personal representative has fully administered the estate of the decedent and shall set forth the names and addresses of all

Page 592

known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court. (b) Upon the filing of a petition that states that all claims against the estate have been paid, citation shall issue, as provided in Chapter 11 of this title, requiring all parties in interest to file any objections to the discharge by a date at least 14 days after the date of the citation. The citation shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed. A copy of the citation shall be mailed promptly by first-class mail to all heirs of an intestate estate or beneficiaries of a testate estate. (c) Upon the filing of a petition that enumerates claims against the estate that have not been paid, citation shall issue, as provided in Chapter 11 of this title, requiring all parties in interest to file any objections to the discharge by a date at least 30 days after the date of the citation. The citation shall be published once a week for four weeks in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed. A copy of the citation shall be mailed promptly by first-class mail to all heirs of an intestate estate or beneficiaries of a testate estate and to all the creditors whose claims have not been paid. (d) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the personal representative from all liability. If no objections are filed, the probate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, commence suit against the personal representative and such discharge shall be no bar to the action. (e) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate.

Page 593

If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. 53-7-51. If funds are in the hands of the personal representative and no person claims such funds, the probate court may nevertheless grant a discharge, at the same time passing an order requiring the personal representative to deposit the funds in a solvent bank as the court may direct. The discharge shall not take effect until the money is deposited. 53-7-52. A temporary administrator may be discharged in the same manner as provided for discharge of personal representatives. 53-7-53. A discharge obtained by the personal representative by means of any fraud is void and may be set aside on motion and proof of fraud. 53-7-54. (a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action: (1) To recover damages; (2) To compel the performance of the personal representative's or temporary administrator's duties; (3) To enjoin the commission of a breach of fiduciary duty; (4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise; (5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate; (6) To remove the personal representative or temporary administrator; and (7) To reduce or deny compensation to the personal representative or temporary administrator. (b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a trust shall attach to the assets.

Page 594

(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law. 53-7-55. Upon the petition of any person having an interest in the estate or whenever it appears to the probate court that good cause may exist to revoke the letters of a personal representative or impose other sanctions, the court shall cite the personal representative to answer to the charge. Upon investigation, the court may, in the court's discretion: (1) Revoke the personal representative's letters; (2) Require additional security; (3) Require the personal representative to appear and submit to a settlement of accounts following the procedure set forth in Article 6 of this chapter, whether or not the personal representative has first resigned or been removed and whether or not a successor fiduciary has been appointed; or (4) Issue such other order as in the court's judgment is appropriate under the circumstances of the case. 53-7-56. (a) A personal representative may resign: (1) In the manner and under the circumstances described in the will; (2) Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or (3) Upon petition to the probate court, showing to the satisfaction of the court that: (A) The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause; (B) Greater burdens have developed upon the office of personal representative than those which were originally contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative; (C) Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative's management of the estate, which disagreement and conflict appear deleterious to the estate; (D) The resignation of the personal representative will result in or permit substantial financial benefit to the estate;

Page 595

(E) The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or (F) The resignation would not be disadvantageous to the estate. (b) A personal representative's petition to resign shall be made to the probate court and service shall be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate. ARTICLE 6 Part 1 53-7-60. The superior court shall have concurrent jurisdiction with the probate court over the settlement of accounts of personal representatives. 53-7-61. If the personal representative resigns, is removed, or dies, an heir of an intestate estate or a beneficiary of a testate estate, the sureties of the personal representative or other personal representatives, or the successor personal representative may petition for an accounting and settlement. In the event a petition is filed for such accounting and settlement, the probate court shall retain jurisdiction over the personal representative until such accounting and settlement is completed. 53-7-62. (a) Any person interested as an heir or beneficiary of an estate or the probate court may, after the expiration of six months from the granting of letters, cite the personal representative to appear before the probate court for a settlement of accounts. Alternatively, if the personal representative chooses, the personal representative may cite all the heirs or beneficiaries to be present at the settlement of the personal representative's accounts by the court. The settlement shall be conclusive upon the personal representative and upon all the heirs or beneficiaries who receive notice of the hearing. The court may, in the court's discretion, give the personal representative additional time to settle the estate. (b) If the personal representative fails or refuses to appear as cited, the probate court may proceed without the appearance of the personal representative. If the personal representative has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or the sheriff's deputies upon the personal representative at the last address of the personal representative in the court records and it appears to the probate court that further attempts are

Page 596

likely to be futile, then service shall be sufficient upon the personal administrator for purposes of this Code section if the citation is mailed by first-class mail to such address. (c) Any party to the settlement shall have the right to appeal. 53-7-63. Upon proof of citation pursuant to Code Section 53-7-62, the probate court may proceed to make an account, hear evidence upon any contested question, and make a final settlement between the personal representative and the heirs or beneficiaries. The settlement may be enforced by a judgment, writ of fieri facias, execution, or attachment for contempt. 53-7-64. A personal representative shall account for income on the property administered as follows: (1) The personal representative shall be charged with all income earned during the period of one year after the date of qualification; (2) For the period beginning one year after the date of qualification, the personal representative shall account for income as follows: (A) All income earned on property the personal representative is: (i) Authorized by the laws of this state to hold or invest in without securing the approval of any court to do so; (ii) Authorized by any court to hold or invest in; or (iii) Authorized by will to hold or invest in; and (B) On all other property administered by the personal representative and, except as provided in paragraph (3) of this Code section, the personal representative shall be charged with the greater of the income earned on such property or the income it would have earned if invested at the legal rate of interest fixed by the laws of this state and in effect during the time the property was held. In applying this subparagraph, each item of property shall be treated separately, and income in excess of the legal rate of interest earned on one item may not be used to make up any deficiency in the income earned on another item; and (3) The personal representative shall be charged only with interest actually earned, if any, on funds held in a reasonable sum to pay anticipated expenses. 53-7-65. The final receipts on settlements given by heirs or beneficiaries to a personal representative, whether a judicial or an informal settlement,

Page 597

may be admitted to record by the clerk of the probate court or the clerk of the superior court in either the county of residence of the personal representative or the county in which the estate is administered if attested by a judge of any court of this state, a magistrate, or a notary public. When recorded, the receipts shall be admitted in evidence without further proof. In case of loss of the original, a copy may be used in evidence under the same rules as for admission of copies of registered deeds. 53-7-66. When litigation against the estate is pending or is threatened or when notice of a claim has been given to the personal representative, the personal representative may demand that the heirs or beneficiaries give refunding bonds to indemnify the personal representative against the claims. Upon the failure of the heirs or beneficiaries to give such bonds, the personal representative may reserve enough of the assets to respond to the claims. Part 2 53-7-67. (a) Within 60 days of the anniversary of the date of qualification, in each year, every personal representative required by the laws of this state to make annual returns shall file with the probate court a true and just verified accounting of the receipts and expenditures in behalf of the estate during the year preceding the anniversary date of qualification, together with a note or memorandum of any other fact necessary to the exhibition of the true condition of the estate. The return shall include an updated inventory of the assets of the estate as of the anniversary date of qualification. With this return, either the original vouchers shall be filed, showing the correctness of each item, or, in lieu thereof, the personal representative shall attach an affidavit stating that the original vouchers have been compared to each item on the return and that the return is correct; but the probate court shall require the original vouchers to be produced for good cause shown. If the original vouchers are filed with the return, they shall remain in the probate court for 30 days. (b) The probate court, upon petition of the personal representative or upon the court's own motion, may change the reporting period from the year immediately preceding the anniversary date of qualification to the year immediately preceding a date ordered by the court. In lieu of changing the reporting date, the probate court is authorized to accept and approve a return even if the return does not cover the appropriate reporting period; however, such acceptance shall not change the reporting period established by either the anniversary date of qualification or a subsequent order of the court, unless the court also enters an order changing the reporting date.

Page 598

53-7-68. (a) Upon filing the annual return with the probate court, the personal representative shall mail by first-class mail a copy of the return, but not the vouchers, to each heir of an intestate estate or each beneficiary of a testate estate. The personal representative shall file a verified statement with the probate court stating that all required mailings of the return to heirs or beneficiaries have been made. (b) Any heir or beneficiary may waive individually the right to receive a copy of the annual return by a written statement that is delivered to the personal representative. Such waiver may be revoked in writing at any time. (c) By unanimous written consent, the heirs of an intestate estate or the beneficiaries of a testate estate may authorize the probate court to relieve the personal representative from filing annual returns with them or with the court or both, in the same manner as provided in subsection (b) of Code Section 53-7-1. 53-7-69. A testator may, by will, dispense with the necessity of the personal representative's filing an annual return with the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file annual returns or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be construed as dispensing with the necessity of annual returns in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. 53-7-70. The probate court shall carefully examine each return of a personal representative and its vouchers; and if the court finds it correct and no objection is filed within 30 days of the time it is filed and mailed to the heirs or beneficiaries, the court shall allow the return to be recorded, together with the original or copy vouchers attached. The return and copy vouchers shall be kept on file in the probate court. If the original vouchers are filed without copies, they shall when recorded be returned to the personal representative on demand. The return thus allowed and recorded shall be prima-facie evidence in favor of the personal representative of its correctness. 53-7-71. (a) The return of a nonresident personal representative may be admitted to record upon affidavit of the personal representative's surety.

Page 599

(b) If a personal representative is dead, the representative of the estate of the deceased personal representative or, if at any time there is no such representative, any security on the bond of the deceased personal representative may make returns of the accounts of the deceased personal representative in the same manner and with the same effect as if the personal representative were living. 53-7-72. To ensure annual returns from every personal representative, it shall be the duty of the probate court to keep a docket of all those who are liable to make returns and, immediately after the ceasing of the January term in each year, to cite all defaulters to show cause for their neglect. A willful and continued failure to make a return shall be good cause for removal. 53-7-73. (a) Any time after the six-month period following qualification, but not more frequently than once every 12 months, a personal representative may file with the probate court a report to be known as an intermediate report to the date specified. (b) Whenever a personal representative elects to file an intermediate report under subsection (a) of this Code section, the petition and report shall set forth all of the information required by law in annual returns and, in addition thereto, shall show: (1) The period which the report covers; (2) The names and addresses of living heirs of an intestate estate or beneficiaries of a testate estate known to the personal representative with the names of those who have or require a guardian; a description of any possible unborn or unascertained beneficiaries; and the name of the surety on the personal representative's bond, with the amount of the bond; (3) In a separate schedule, the principal on hand at the beginning of the accounting period and the status at that time of its investment; the investments received from the decedent and still held; additions to principal during the accounting period, with dates and sources of acquisition; investments collected, sold, or charged off during the accounting period, with the consequent loss or gain and whether credited to principal or income; investments made during the accounting period, with the date, source, and cost of each; deductions from the principal during the accounting period, with the date and purpose of each; and principal on hand at the end of the accounting period, how invested, and the estimated market value of each investment; (4) In a separate schedule, the income on hand at the beginning of the accounting period and in what form held; income received during

Page 600

the accounting period, when, and from what source; income paid out during the accounting period, when, to whom, and for what purpose; and income on hand at the end of the accounting period and how invested; (5) A statement of unpaid claims, with the reason for the failure to pay them, including a statement as to whether any estate or inheritance taxes have become due with regard to the property and, if due, whether paid; (6) A brief summary of the account; and (7) Such other facts as the court may by rule or by court order require. (c) The probate court, upon the petition and return being filed, shall issue a citation and shall require any objections to be filed on the date set for the hearing fixed by the court at a regular term of the court that convenes not less than 20 days after the date of filing of the petition. Service shall be made on the heirs of an intestate estate or the beneficiaries of a testate estate or such other persons as the court requires. 53-7-74. At or before the time fixed for hearing, any parties at interest may file objections to the personal representative's report, actions, and accounting, in which case the hearing on the accounting shall be automatically continued until the next regular term of the probate court, when, subject to the court's power to grant continuances, the same shall be heard as other cases pending in the court with like right of appeal to the superior court; in such case, an appeal by consent may be taken to the superior court. Such appellate procedures shall not apply to cases provided for by Article 6 of Chapter 9 of Title 15. The parties at interest who have been served appropriately and who have filed no objections to the report and accounting need not be served with notice of an appeal or any other or further proceedings, and their consent shall not be required for an appeal to the superior court. 53-7-75. The probate court, upon its own motion or upon the motion of any party in interest, whenever it appears that a question of construction of a will is involved in the accounting, shall enter an order transferring the accounting to the superior court for the determination of all such questions, which shall be presented to, heard, and determined by the superior court as appeals from the probate court are presented, heard, and determined. The probate court may suspend further proceedings pending a final decision of the superior court. After a final determination of the questions of construction, the probate court shall proceed with the accounting.

Page 601

53-7-76. Should it appear from the intermediate report that the personal representative is liable to the estate or to any beneficiary of the estate, the probate court is authorized and it shall be the court's duty to enter a judgment surcharging the personal representative in such amount as is authorized under the law and the evidence. 53-7-77. All parties in interest shall be bound by the order of the probate court on the intermediate report; and thereafter no such person shall be heard in any court, except upon appeal, to contest or question any matters or things covered by the report and the order on the report in the absence of fraud, accident, or mistake. 53-7-78. Costs shall be taxed against the estate or the parties as the probate court shall deem fair and reasonable. CHAPTER 8 ARTICLE 1 53-8-1. (a) Unless otherwise expressly provided in the will, a personal representative shall be authorized to make those investments that are listed in Code Sections 53-8-2 and 53-8-3. (b) In making any other investments and in acquiring and retaining those investments and managing the property of the estate, the personal representative shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not in regard to speculation but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. (c) Within the limitations of the standard provided in subsection (b) of this Code section, a personal representative is authorized to acquire and retain every kind of property whether real, personal, or mixed, and every kind of investment, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations and stocks, preferred or common, which persons of prudence, discretion, and intelligence acquire or retain for their own account; and within the limitations of such standard, a personal representative may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (d) Nothing contained in this Code section shall be construed as restricting the power of a court of proper jurisdiction to permit a

Page 602

fiduciary to deviate from the terms of any will, agreement, or other disposition relating to the acquisition, investment, reinvestment, exchange, retention, sale, or management of fiduciary property. (e) A personal representative that is a bank or trust company shall not be precluded from acquiring and retaining securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. 53-8-2. A personal representative is authorized to invest estate funds in real property after first obtaining an order to that effect from the probate court or from the superior court. Service shall be made as provided in Chapter 11 of this title to the heirs of an intestate estate or the beneficiaries of a will. The court shall be authorized to grant the order immediately if the heirs or beneficiaries acknowledge service and consent to the petition or at any time after ten days after perfection of service. 53-8-3. A personal representative is authorized to invest estate funds in: (1) Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; (2) Bonds issued by any county board of education under Subpart 1 of Part 3 of Article 9 of Chapter 2 of Title 20 for the purpose of building and equipping schoolhouses, which bonds have been validated and confirmed as required under Part 1 of Article 2 of Chapter 82 of Title 36; (3) Bonds and other securities issued by this state or by the Board of Regents of the University System of Georgia; (4) Bonds or other obligations issued by the United States government and bonds of any corporation created by an act of Congress, the bonds of which are guaranteed by the United States government as provided in Code Section 53-8-4; and (5) Interest-bearing deposits in any chartered state or national bank or trust company or savings and loan association located in this state to the extent the deposits are insured by the Federal Deposit Insurance Corporation or comparable insurance.

Page 603

53-8-4. (a) Whenever by law or by an instrument or court order establishing a fiduciary relationship the personal representative is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 53-8-3, the personal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as: (1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) Nothing contained in this Code section shall be construed as relieving any personal representative from any duty or liability a personal representative has under the standard of prudence set forth in Code Section 53-8-1. (c) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. 53-8-5. (a) Unless otherwise provided in the will, a personal representative is authorized to retain the property received by the personal representative on the creation of the estate, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and a personal representative shall not be liable for such retention, except for gross neglect. In the case of corporate securities, a personal representative may likewise retain the securities into which the securities originally received are converted or which are derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and a personal representative may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all property held by a personal representative on March 28, 1961, under estates previously

Page 604

created, except that it shall not relieve a personal representative from liability for loss which had already accrued on or before March 28, 1961. (b) In the case of a corporate fiduciary, the authority granted in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authority shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the stock or securities are substantially equivalent to those originally received by the fiduciary. The authority granted in subsection (a) of this Code section shall have reference, inter alia, to the exchange and continued retention of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations owns assets identical or similar to the assets of or carries on businesses identical or similar to the corporation the stock or securities of which were previously received by the fiduciary; and any such authority shall apply regardless of whether any of the corporations has officers, directors, employees, agents, or trustees in common with the corporation the stock or securities of which were previously received by the fiduciary. ARTICLE 2 53-8-10. (a) Subject to the provisions of this article, a personal representative may sell, rent, lease, exchange, or otherwise dispose of property, whether personal, real, or mixed, for the purpose of payment of debts, for distribution of the estate; or for any other purpose that is in the best interest of the estate, provided that nothing in this article shall be construed to limit, enlarge, or change any authority, power, restriction, or privilege specifically provided by will or incorporated into a will or otherwise granted to the personal representative in accordance with the provisions of subsection (b) of Code Section 53-7-1. (b) A temporary administrator is authorized to petition the probate court for leave to sell or otherwise deal with property of the estate following the procedures described in this article; provided, however, that good cause is shown. 53-8-11. Perishable property, property that is liable to deteriorate from keeping, or property that is expensive to keep shall be sold as early as practicable

Page 605

and in such manner as the probate court shall determine to be in the best interest of the estate, after such notice and opportunity for hearing, if any, as the probate court shall deem practicable under the circumstances. 53-8-12. Stocks or bonds, either listed or admitted to unlisted trading privileges upon any stock exchange or quoted regularly in any newspaper having a general circulation in Georgia, may be sold at private sale without order from or report to the probate court at a sales price not less than the stock exchange bid price or the published bid price at the time of sale. Reasonable brokerage commissions, not in excess of those customarily charged by stock exchange members, may be paid. 53-8-13. (a) A personal representative desiring to sell, rent, lease, exchange, or otherwise dispose of property other than property that is perishable, liable to deteriorate, or expensive to keep or listed stocks and bonds shall file a petition with the probate court stating the property involved and the interests in such property, the specific purpose of the transaction, the proposed price, if any, and all other terms or conditions proposed for the transaction and a list of names, addresses, and ages or majority status of heirs in an intestate estate or of beneficiaries in a testate estate. In the event full particulars are lacking, the petition shall state the reasons for any such omission. (b) Upon filing the petition, notice shall be mailed by first-class mail by the probate court to the heirs of an intestate estate or the beneficiaries of a testate estate. (c) If no written objection by a person so notified is filed within 30 days following the mailing of notice, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. (d) A personal representative shall make a full return to the probate court of every sale, specifying the property sold, the purchasers, the amounts received, and the terms of the sale. (e) The recital in the personal representative's deed of compliance with legal provisions shall be prima-facie evidence of the facts recited. (f) Where a personal representative sells real property under the provisions of this Code section, liens on such real property may be

Page 606

divested and transferred to the proceeds of the sale as a condition of the sale. 53-8-14. A personal representative may not bind the estate by any warranty in any conveyance or contract, nor shall a personal representative be personally bound by such covenant, unless the intention to create a personal liability is distinctly expressed. 53-8-15. (a) The title to all property of an estate being in the personal representative for the payment of debts and other purposes of administration, title to property in the estate does not pass to the heirs or beneficiaries until the personal representative assents thereto in evidence of the distribution of the property to them. (b) Such assent may be express or may be presumed from the conduct of the personal representative. Assent should be evidenced in writing as a deed of conveyance to real property, bill of sale conveying tangible personal property, or an assignment or transfer of interests in intangible personal property. (c) In the absence of prior assent, the discharge of a personal representative shall be conclusive evidence of the personal representative's assent. (d) At any time after the lapse of one year from the date of qualification of the personal representative, an heir or beneficiary who is entitled to the distribution of property from an estate may, personally or by guardian, cite the personal representative in the probate court to show cause why assent should not be given and may compel such assent by an equitable proceeding. CHAPTER 9 ARTICLE 1 53-9-1. (a) A domiciliary of this state who has been missing from the last known place of domicile for a continuous period of four years shall be presumed to have died; provided, however, that such presumption of death may be rebutted by proof. The date of death is presumed to be the end of the four-year period unless it is proved by a preponderance of the evidence that death occurred earlier. (b) When any domiciliary of this state has been missing from the last known place of domicile for a continuous period of 12 months or more, the death of the individual may be proved by a preponderance of the evidence.

Page 607

(c) Notwithstanding any proof of a date of death that is earlier than the end of the four-year period set out in subsection (a) of this Code section, the missing individual shall be deemed to have predeceased any other individual who has died prior to the date any petition for letters or other action on the missing individual's estate is filed and from whom the missing individual would have taken an interest in property as an heir or beneficiary or otherwise. 53-9-2. (a) A petition for administration of the estate, for the probate in common form or solemn form of the will, for year's support, or for an order that no administration is necessary may be filed for the estate of a missing individual whose death may be presumed or established in the probate court as provided in Code Section 53-9-1. The petition may be made by anyone who would be entitled to file such petition on the estate of the missing individual if the missing individual were known to be dead and shall be filed in the county in which the estate of the missing individual would be administered were the missing individual known to be dead. (b) In addition to complying with all of the requirements for petitions pertaining to the administration of an estate or the probate of a will or year's support or an order that no administration necessary, as appropriate, the petition regarding the estate of a missing individual who is believed to be dead shall set forth the circumstances under which the individual disappeared, what inquiry has been made as to the individual's whereabouts, and such evidence as shall be offered, if necessary, for the purpose of proving death by a preponderance of the evidence. (c) If the court finds the petition to be in compliance with the requirements set forth in subsection (b) of this Code section, the court shall issue an order directing that a notice be published once a week for four weeks giving notice that on a day stated, which shall be at least 90 days after the first publication of the notice, evidence will be heard by the court concerning the alleged absence of the individual presumed to be dead and the circumstances and duration of such absence and requiring the missing individual, if alive, or any other person to produce and present to the court evidence that the missing individual is still in life. The notice required by this subsection may be combined with any other notice required for the issuance of letters or an order for year's support or an order that no administration is necessary. The notice shall be served as provided in Chapter 11 of this title on all individuals who would be heirs if the missing individual were known to be dead. The order may also direct that the petitioner make a search for the missing individual and shall specify the manner in which the search is to be conducted to ensure that, in light of the circumstances of the particular case, a diligent and reasonable effort has been made to locate the missing individual. The order may prescribe any methods of search

Page 608

deemed by the judge to be adequate and appropriate, including but not limited to publishing notices in newspapers in appropriate locations and making inquiry of governmental agencies and of the missing individual's relatives and friends and at the missing individual's last place of abode or other appropriate places. 53-9-3. At the hearing the probate court shall hear such evidence as shall be offered for the purpose of ascertaining whether a diligent and reasonable effort has been made to locate the missing individual and, if appropriate, such evidence that is offered to show that the missing individual is dead or alive. No person shall be disqualified from testifying by reason of being the spouse of the missing individual or having an interest in the estate of the missing individual. If the court finds that a diligent and reasonable effort has been made to locate the missing individual and that a presumption of death has been established and has not been rebutted as provided under subsection (a) of Code Section 53-9-1 or that death has been proved by a preponderance of the evidence as provided in subsection (b) of Code Section 53-9-1, the court shall enter an order finding that the missing individual is dead and specifying the date of death. 53-9-4. At any time after the entering of the order finding the missing individual to be dead, the probate court shall issue letters of administration or letters testamentary or an order granting year's support or an order that no administration is necessary in conformity with all of the requirements of the appropriate laws of this state on the estate of the missing individual and such letters or order, unless revoked, and all acts done in pursuance thereof and in reliance on such letters or order shall be as valid as if the missing individual were known to be dead. 53-9-5. Upon petition of the missing individual, the probate court shall revoke the letters of administration or letters testamentary at any time on due and satisfactory proof that the missing individual is in fact alive. After such revocation, all the powers of the personal representative shall cease, but all receipts or disbursements of assets or other acts previously done by the personal representative shall remain valid, and the personal representative shall settle and account for the administration to the time of such revocation and shall transfer all assets remaining to the missing individual or such individual's duly authorized agent or attorney. 53-9-6. At any time before the expiration of two years after letters or an order for year's support or an order that no administration is necessary is issued

Page 609

regarding the estate of the missing individual, any property received by any spouse or child or other purported heir or beneficiary of the missing individual may be recovered by the missing individual unless the property has been transferred for an adequate consideration to a bona fide purchaser, in which case the amount of the consideration received for such transfer may be recovered from the transferor. No action to recover any property from any spouse, child, or other purported heir or beneficiary or to recover any consideration received by such a person as a result of a transfer of property to a bona fide purchaser may be brought by a missing individual after the expiration of the two-year period set out in this Code section unless the missing individual is a minor, in which case the time for bringing such actions shall be extended to two years from the date the missing individual reaches the age of majority. 53-9-7. Before a distribution of any of the assets of the estate of a missing person is made to a spouse, child, or other purported heir or beneficiary within the two-year period set out in Code Section 53-9-6, such spouse, child, or other purported heir or beneficiary shall give security, to be approved by the probate court in such sum as the court shall direct but in no case less than the estimated value of the money or property distributed, conditioned that if the missing individual is in fact alive, the person giving security will deliver to the missing individual, on demand by such individual at any time within the two-year period, the assets received by the person giving such security or, if such assets have been transferred to a bona fide purchaser, the consideration received in such transfer, without interest. If any person entitled to receive such assets is unable to give security, the personal representative shall continue to hold such assets until: (1) Security is given; (2) The court orders the personal representative to deliver the assets to the person; or (3) The two-year period has expired, whichever occurs first, and in the meantime shall invest the assets in any investment that is authorized by law for personal representatives or that is authorized in the duly probated will of the missing individual and shall pay the income from such investments to the person or persons entitled to such assets quarterly or as otherwise directed by the court. ARTICLE 2 53-9-10. (a) For purposes of this article, an individual is deemed to be missing if: (1) That individual is missing from the usual place of domicile and that individual's whereabouts are unknown to those persons who are likely to know;

Page 610

(2) That individual was serving with the armed forces of the United States during any period in which a state of hostilities existed between the United States and any nation or power and the individual has been listed as missing in action, as interned in a neutral country, or as having been captured by the enemy; or (3) That individual, whose whereabouts may or may not be known, has been kidnapped or is being held hostage or otherwise detained and is thus unable to exercise control over the management of that individual's estate. (b) When a domiciliary of this state has been missing for a period of 60 days or more, or for a shorter period of time but in emergency circumstances that dictate the need for the immediate conservation of the domiciliary's estate, any person having an interest in the estate of the missing individual by reason of being an individual who would be an heir of the missing individual if the missing individual were dead, a creditor of the missing individual, or a person having legal custody of minors or incompetents who would be heirs of the missing individual may petition the probate court of the county in which the missing individual was domiciled for the appointment of a conservator of the estate of the missing individual. 53-9-11. (a) In determining whether to appoint a conservator of the estate of a missing individual, the probate court shall take into account any other existing arrangements for the management of the missing individual's property, such as powers of attorney or trusts, and may determine that no conservator need be appointed if such arrangements are sufficient under the circumstances. (b) The probate court shall select as conservator of the estate of the missing individual that person who will best serve the interests of the estate, considering the following order of preferences: (1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the missing individual and the spouse at the time of the disappearance; (2) One or more other heirs of the missing individual; (3) Any eligible corporation, partnership, or other business association; or (4) Any creditor of the estate. In no event shall the court appoint as conservator a person who would not be eligible to serve as administrator of the estate of the missing individual if that individual were dead.

Page 611

53-9-12. The petition shall set forth the name of the missing individual, that individual's place of domicile, the circumstances under which that individual came to be missing, the length of time the individual has been missing, what inquiry has been made as to the whereabouts of the individual, the fact that the missing individual would probably have communicated with the petitioner or some other person of whom inquiry has been made, the names, addresses, and ages or majority status of those individuals who would be heirs if the missing individual were dead, a description of the property owned by the missing individual and the estimated value of the estate, the circumstances that dictate the need for the appointment of a conservator, and whether any other arrangements, such as powers of attorney or trusts, exist for the management of the missing individual's estate. 53-9-13. (a) Upon the filing of the petition, the procedure shall be the same as in petitions for the administration on the estates of decedents, with the individuals who would be the heirs of the missing individual if the missing individual were dead being treated as the heirs of the missing individual. (b) The laws applicable to the administration of estates shall apply to the conservators of missing individuals except insofar as such laws may conflict with this article. (c) Upon appointment, the conservator shall subscribe an oath as in the case of an administrator and shall give such bond as is required by law of guardians. 53-9-14. The conservator shall within 60 days after appointment make a written report to the probate court setting forth the condition of the estate of the missing individual, together with a schedule of any debts that may be owed by the missing person, an estimate of the income from the estate and the expenses necessary to its preservation, and a statement showing the names, ages, and condition of any individuals who may have been dependent on the missing person for support. The court, after considering the report and making any further investigation the court may deem necessary, shall make such order as will most effectively tend to provide for the support of any individuals who may have been dependent upon the missing individual for support and for the handling of the property, including any business or business interest, owned by the missing person. The order may provide for the payment of those debts of the missing person as the court deems just and proper. The order may allow the conservator to engage in such estate planning dispositions of the missing person's property as are authorized by Code Section 29-5-5.1. The order may be modified in the discretion of the court at any time upon petition by the conservator, any individual dependent upon the

Page 612

missing individual for support, the guardian of any such individual, or any person having an interest in the property or in any business of the missing individual. 53-9-15. A missing person for whose estate a conservator has been appointed may at any time petition the probate court that has jurisdiction over the conservator for an order terminating the conservatorship. Upon a finding by the court that the petitioner is in fact the missing individual, the court shall enter an order terminating the conservatorship and directing the conservator to make a final return to the court and to pay over and deliver all funds and property in the conservator's hands to the missing individual. 53-9-16. If the missing individual is declared legally dead and the missing individual's will is probated or administration is had upon the individual's estate, the conservator shall, within 60 days after demand by the personal representative of the missing individual's estate, make a final return to the probate court which has jurisdiction over the conservator and pay over and deliver all of the funds or property in the conservator's hands to such personal representative. ARTICLE 3 53-9-20. If an individual who is domiciled outside this state and possessed of any interest in or claim to or against real or personal property or cause of action located in this state shall have been absent for a period of time under circumstances whereby, pursuant to the law of the place in which the individual is domiciled, the individual is presumed to be dead, and a court of competent jurisdiction in the place of domicile has entered a final order or decree that the individual is presumed to be dead, the provisions of this title shall apply in every respect as if the individual in fact had died. If the individual shall have been absent for a period of not less than four years and shall not have been declared dead in the domiciliary jurisdiction, the individual may be declared dead in this state pursuant to the provisions of Article 1 of this chapter, as if a domiciliary of this state, for purposes of the property interests or claims or causes of action located in this state. 53-9-21. If an individual domiciled outside this state is possessed of any interest in or claim to or against any real or personal property or cause of action located in this state and would, if a domiciliary, be deemed to be missing in accordance with the provisions of Code Section 53-9-10 or if a conservator or any person serving in a similar capacity shall have been

Page 613

authorized to handle the property of the individual in the jurisdiction in which the individual is domiciled, the probate court may appoint a conservator of all of the interests or claims or causes of action located in this state and give direction as to the conservation of the property and its use in the interest of the missing individual or that individual's dependents, obligees, or successors in interest. The court shall mold such order in aid of any similar orders from the jurisdiction in which the individual is domiciled, may appoint the domiciliary conservator as the conservator in this state, and may authorize delivery of property to the domiciliary conservator. Except as the court may otherwise direct, the proceedings shall conform to the provisions of Article 2 of this chapter. CHAPTER 10 53-10-1. This chapter may be cited as the `Uniform Simultaneous Death Act in Georgia.' 53-10-2. When the title to property or the devolution of property depends upon priority of death and there is no sufficient evidence that the individuals have died other than simultaneously, the property of each individual shall be disposed of as if that individual had survived, except as provided otherwise in this chapter. 53-10-3. If property is so disposed of that the right of a beneficiary to succeed to any interest in such property is conditional upon surviving another individual and both individuals die and there is no sufficient evidence that the two have died other than simultaneously, the beneficiary shall be deemed not to have survived. If there is no sufficient evidence that two or more beneficiaries have died otherwise than simultaneously and property has been disposed of in such a way that at the time of their deaths each beneficiary would have been entitled to the property if that beneficiary had survived the others, the property shall be divided into as many equal portions as there were such beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each such beneficiary survived. 53-10-4. If any stocks, bonds, bank deposits, or other intangible property shall be owned so that one of two joint owners is entitled to the whole on the death of the other and both owners die and there is no sufficient evidence that the two joint owners have died otherwise than simultaneously, these assets shall be distributed one-half as if one joint owner had survived and one-half as if the other joint owner had survived. If there are more than two joint owners and there is no sufficient evidence

Page 614

that all have died other than simultaneously, these assets shall be divided into as many equal shares as there are joint owners and these portions shall be distributed respectively to those who would have taken in the event that each joint owner had survived. 53-10-5. This chapter shall not apply in the case of wills, trusts, deeds, contracts of insurance, or any other situation where provision is made for distribution of property different from that provided in this chapter or where provision is made for a presumption as to survivorship which results in a distribution of property different from that provided in this chapter. 53-10-6. This chapter shall be so construed and interpreted as to effectuate its general purpose to make uniform the law in those states which enact it. CHAPTER 11 53-11-1. Except as otherwise specifically provided, the provisions of this chapter shall apply to any proceeding in the probate court that arises under Chapters 1 through 10 of this title. Compliance with the provisions of this chapter shall be deemed to be sufficient for proceedings in the probate court arising under Chapters 1 through 10 of this title except as otherwise provided in Chapter 11 of Title 9 and Chapter 9 of Title 15. 53-11-2. (a) As used in this Code section, the term `guardian' means the guardian ad litem appointed by the probate court who may represent a single party or more than one party or a class of parties with common or nonadverse interests; provided, however, that the court may determine for the purpose of the particular proceeding that the natural guardian, if any, or the testamentary guardian, if any, or the duly constituted guardian of the property, if any, or the duly constituted guardian of the person, if any, has no conflict of interest and thus may serve as guardian for the purpose of the proceeding for a party who is not sui juris, who is unborn, or who is unknown. (b) When a party to a proceeding in the probate court is not sui juris, is unborn, or is unknown, that party shall be represented in the proceeding by a guardian as defined in subsection (a) of this Code section. Service upon or notice to a guardian shall constitute service upon or notice to the party represented and no additional service upon or notice to such party shall be required. Waivers, acknowledgments, consents, answers, objections, or other documents executed by the guardian shall be binding upon the party represented.

Page 615

(c) Whenever a guardian ad litem is appointed, the court may limit the appointment or may at any time for cause appoint a successor. The guardian ad litem first appointed with respect to the proceedings for the appointment of an administrator, the probate of a will, or any other proceeding involving the administration of the estate shall continue to serve on behalf of the party represented until a successor is appointed or the party represented becomes sui juris. (d) In every petition filed in the probate court, the petitioner shall specify the name of each party who requires a guardian and the name and address of any person who is acting as guardian of the party. A copy of the letters appointing the guardian shall be attached to the petition or the petition shall allege such facts as shall show the authority of such guardian to act; provided, however, that the probate court may take judicial notice of the issuance of such letters or of such authority. 53-11-3. (a) Except as otherwise prescribed by law or directed by the probate judge, a party in interest who is a resident of this state is entitled to personal service of any petition and citation for proceedings that are subject to the provisions of this chapter. (b) Except as otherwise provided in this Code section, personal service shall be made by delivery of a copy of the petition and citation by the sheriff or some other lawful officer at least ten days before the hearing except that, if waived in writing, the ten-day provision shall not apply. An entry of such service shall be made on the original and the copy for the party served. (c) A party who is in the military service may be served by any commissioned officer who shall file with the probate court a certificate stating that copies of the petition and citation were served in person. (d) Individuals who are not sui juris shall be served as provided in this Code section or as provided in Code Section 15-9-17. Incapacitated individuals who are residents of this state but are confined in another state may be served by service on a guardian ad litem appointed in this state. (e) When personal service is required by this Code section, unless otherwise directed by the probate court, service may be made by registered or certified mail if the petitioner so requests in the petition. The court shall cause a copy of the petition and the citation to be sent by registered or certified mail with return receipt requested and with delivery restricted to addressee only. If the return receipt is not signed by the addressee, dated at least ten days before the date specified in the citation, and received by the court before the date specified in the citation for the filing of objections, service shall be made as otherwise required by this Code section.

Page 616

53-11-4. (a) Except as otherwise prescribed by law or directed by the probate judge, the provisions of this Code section shall apply in cases when a person to be served is unknown, is known but whose residence is unknown, resides outside this state, or involuntarily resides outside this state under circumstances that make it difficult to determine if the person is a legal resident of this state or some other state. Upon the fact being made to appear, the probate court shall order service to be perfected by publication of the citation in the newspaper in which sheriff's advertisements are published in the county in which the petition is made. The citation shall be published once a week for four weeks prior to the date on which objections must be filed. The records of the court shall show the persons notified and the character of the notice given. (b) The published citation provided for in subsection (a) of this Code section shall be directed and addressed to the person to be served, if known, and, if all persons are not known, then and in that event to all and singular the parties in interest. (c) In the case of a nonresident or a known person who involuntarily resides outside the state under circumstances that make it difficult to determine if the person is a legal resident of this state or some other state, if the residence or mailing address of such a person is known, the petitioner shall file in the court a copy of the published citation, and upon such filing, it shall be the duty of the probate court, within three days after the first publication of the notice in the newspaper, to direct, stamp, and mail by first-class mail a copy of the published citation to the person to be notified. (d) When service by publication is ordered pursuant to this Code section, compliance with the provisions of this Code section relating to a person to be notified who is unknown, who is known but whose residence is unknown, who resides outside this state, or who involuntarily resides outside this state under circumstances that make it difficult to determine if the person is a legal resident of this state or some other state shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons notified and the character of the notice given. In the case of an unknown person, it shall be sufficient if the records of the court show publication notice directed to all and singular the parties in interest and compliance with this Code section. In the case of a nonresident who is known or a known person whose residence is unknown or a known person who resides outside the state involuntarily under circumstances that make it difficult to determine if such person is a legal resident of this state or some other state, that person's name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is

Page 617

granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section. 53-11-5. The probate judge may direct any additional service or notice with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due process and reasonable opportunity for any party or interest to be heard. 53-11-6. (a) Service or notice may be waived or acknowledged before or after the filing of the petition. The waiver or acknowledgment shall be in a writing signed by the person to be served or some person authorized by the person to be served and shall be filed with the probate court. (b) Except as otherwise prescribed by law, the written consent of a party to the granting of any relief or the entry of any order sought in a proceeding, whether executed before or after the filing of the petition, shall constitute a waiver and acknowledgment of notice and service of the proceedings, waiver of citation, entry of appearance, answer admitting all allegations of fact set forth in the petition as true and correct, and irrevocable consent to the granting of the relief or the order sought. (c) A person in military service, regardless of age, shall be permitted to make any waiver, acknowledgment, or consent described in this Code section. 53-11-7. An oath or affirmation or affidavit required or allowed to be made before or attested by a notary public may be made before any notary public or other officer authorized to administer oaths by the state in which the oath or affirmation or affidavit is made. The oath or affirmation or affidavit, if made outside this state, shall have the same force and effect as if it had been made before an officer of this state authorized to administer oaths. The official attestation of the officer before whom the oath or affirmation or affidavit is made shall be prima-facie evidence of the official character of the officer and that the officer was authorized by law to administer oaths. 53-11-8. Every petition filed in the probate court shall be verified by the oath of the petitioner and shall be sworn to or affirmed before the probate court or a notary public. 53-11-9. Upon the filing of a petition, a citation shall be issued addressed to the persons required to be served or entitled to notice; provided, however,

Page 618

if all parties have acknowledged service and assented to the petition, no citation need issue. The citation shall state that any objection must be made in writing and shall designate the date on or before which objections must be filed in the probate court. The citation also shall state whether the hearing will take place on a certain date or be specially scheduled for a later date. Where appropriate, the citation shall state that if no objections are filed, the petition will be granted. 53-11-10. (a) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than 30 days from the date the citation is issued. (b) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the petition, the probate court shall send by first-class mail a notice of the time of the hearing to the petitioner and all parties who have served responses at the addresses given by them in their pleadings. (c) Notwithstanding the other provisions of this Code section, the date by which objections must be filed or on which the hearing will be held shall be no earlier than ten days after the date of service on any person who is entitled to personal service. 53-11-11. Whenever it is required that a document to be filed in the probate court be authenticated or exemplified, such requirement shall be met by complying with the provisions of Code Section 24-7-24 and such full faith and credit shall be given to the document as is provided in that Code section. SECTION 11. Chapter 12 of Title 53, relating to trusts, is amended by inserting, immediately following Code Section 53-12-173, relating to compensation, the following: 53-12-173.1. (a) Any trustee resident in this state may receive compensation for services, as specified in this subsection, from a corporation or other business enterprise, where the trust estate owns an interest in the corporation or other business enterprise, provided that: (1) The services provided by the trustee to the corporation or other business enterprise are of a managerial, executive, or business advisory nature;

Page 619

(2) The compensation received for the services is reasonable; and (3) The services are performed and the trustee is paid pursuant to a contract executed by the trustee and the corporation or business enterprise, which contract is approved by a majority of those members of the board of directors or other similar governing authority of the corporation or business enterprise who are not officers or employees of the trustee and are not related to the trustee and provided, further, the contract is approved by the probate court of the county which is the situs of the trust. (b) Any trustee receiving compensation from a corporation or other business enterprise for services to it as described in subsection (a) of this Code section shall not receive extra compensation in respect to such services as provided in Code Section 29-2-42.1; provided, however, that nothing in this Code section shall prohibit the receipt by the trustee of extra compensation for services rendered in respect to other assets or matters involving the trust estate. (c) Nothing in this Code section shall prohibit the receipt by trustees of normal commissions and compensation for the usual services performed by trustees pursuant to law or pursuant to any fee agreement executed by the settlor. (d) The purpose of this Code section is to enable additional compensation to be paid to trustees for business management and advisory services to corporations and business enterprises pursuant to contract, without the necessity of petitioning for extra compensation pursuant to Code Section 29-2-42.1. SECTION 12. Said chapter is further amended by striking in its entirety Code Section 53-12-174, relating to the trustee's bond, and inserting in lieu thereof the following: 53-12-174. (a) A trustee is not required to give a bond to secure performance of the trustee's duties unless: (1) The trust instrument requires a bond; or (2) A bond is found by the court to be necessary to protect the interests of beneficiaries or creditors of the trust, even though the trust instrument waives the requirement of a bond. (b) Even though the trust instrument requires a bond, the court may excuse the requirement, reduce or increase the amount of a bond, release a surety, or permit the substitution of another bond with the same or different sureties.

Page 620

(c) The cost of the bond shall be charged against the trust. (d) If a bond is required, it must be payable to the court for the benefit of interested persons as their interests may appear and conditioned on faithful performance of the trustee's duties, and if imposed by a court, must be in an amount and with sureties and liabilities required by the court. (e) Any other law to the contrary notwithstanding, a national banking association or a bank or trust company organized under the laws of this state that seeks to qualify as a trustee under any trust created under or governed by the laws of this state shall not be required to give bond for the faithful performance of its duties unless its combined capital, surplus, and undivided profits are less than $400,000.00 as reflected in its last statement filed with the comptroller of the currency of the United States or the commissioner of banking and finance or unless the instrument under which it seeks to qualify expressly provides that it shall give bond. (f) Any other law to the contrary notwithstanding, in every case in which the trustee of any trust is required by any law of this state or by the judge of any court of competent jurisdiction to give bond for the faithful performance of the trustee's duties in such fiduciary capacity, the trustee may give bond in an amount equal to the value of the trust estate if the bond is secured by a licensed commercial surety authorized to transact business in this state. (g) Any other law to the contrary notwithstanding, in every case in which the trustee of any trust is required by any statute of this state or by the judge of any court of competent jurisdiction to give bond for the faithful performance of the trustee's duties in such fiduciary capacity and the amount of the bond is dependent upon the value of the trust estate, the value of the trust estate for purposes of the bond shall be determined without regard to the value of any real property or improvements thereon held by the trustee in the trustee's fiduciary capacity. Upon the conversion by any such fiduciary of the real property into personalty, the fiduciary shall give a new bond based upon the value of the estate, including the value of the personalty into which the real property is converted. (h) Failure to comply with this Code section shall not make void or voidable or otherwise affect an act or transaction of a trustee with any third party. SECTION 13. Said chapter is further amended by striking in its entirety Code Section 53-12-259, relating to rules governing sales by trustees, and inserting in lieu thereof the following:

Page 621

53-12-259. Sales by trustees, unless otherwise provided in the order of the court authorizing a sale, shall be made under the same rules and restrictions as are provided for sales by guardians. SECTION 14. Said chapter is further amended by inserting, immediately following Code Section 53-12-286, relating to investment in bonds and obligations issued under the Federal Farm Loan Act or the Farm Credit Act, the following: 53-12-287. (a) As used in this Code section, the terms `property' and `investment' shall be deemed to include life insurance, endowment, and annuity contracts issued by any insurer authorized to do business in this state. (b) In acquiring, investing, reinvesting, exchanging, retaining, selling, and managing property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar with such matters would use to attain the purposes of the account. In making investment decisions, a trustee may consider the general economic conditions, the anticipated tax consequences of the investments, the anticipated duration of the account, and the needs of its beneficiaries. (c) Within the limitations of the standard provided in subsection (b) of this Code section and considering individual investments as part of an overall investment strategy, a trustee in authorized to acquire and retain every kind of property including real, personal, or mixed and every kind of investments, specifically including, but not by way of limitation, bonds, debentures, and other corporate obligations, and stocks, preferred or common, including the securities of or other interests in any open-end or closed-end management investments company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended. The propriety of an investment decision is to be determined by what the trustee knew or should have known at the time of the decision about the inherent nature and expected performance of the investment (including probable yield), the attributes of the portfolio, the general economy, and the needs and objectives of the beneficiaries of the account as they existed at the time of the decision. Any determination of liability for investment performance shall consider not only the performance of a particular investment but also the performance of the individual's portfolio as a whole. Within the limitations of such standard, a trustee may retain property properly acquired, without limitation as to time and without regard to its suitability for original purchase. (d) Anything in this Code section or any other law of this state to the contrary notwithstanding, the income beneficiary of a trust designed to

Page 622

qualify for the federal estate or gift tax marital deduction under the Internal Revenue Code or any subsequent statute of similar import shall have the right to direct the trustee of the trust to convert any unproductive or nonincome-producing property which is at any time acquired, invested in, or retained by the trustee into productive or income-producing property. (c) A trustee which is a bank or trust company shall not be precluded from acquiring and retaining the securities of or other interests in an investment company or investment trust because the bank or trust company or an affiliate provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. 53-12-288. (a) Unless otherwise provided in the fiduciary instrument, trustees are authorized to retain the property received by them on the creation of the trust, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and trustees shall not be liable for such retention, except for gross neglect. In the case of corporate securities, trustees may likewise retain the securities into which the securities originally received may be converted or which may be derived therefrom as a result of merger, consolidation, stock dividends, splits, liquidations, and similar procedures; and they may exercise by purchase or otherwise any rights, warrants, or conversion features attaching to any such securities. This Code section applies to all such property held by the fiduciary on March 28, 1961, under trusts previously created, except that it shall not relieve the fiduciary from liability for loss which had already accrued on or before March 28, 1961, for losses that had occurred. (b) In the case of a corporate fiduciary, the authorities described in subsection (a) of this Code section shall apply to the exchange or conversion of stock or securities of the corporate fiduciary's own issue, whether or not any new stock or securities received in exchange therefor are substantially equivalent to those originally held; and such authorities shall also apply to the continued retention of all new stock and securities resulting from merger, consolidation, stock dividends, splits, liquidations, and similar procedures and received by virtue of such conversion or exchange of stock or securities of the corporate fiduciary's own issue, whether or not the new stock or securities are substantially equivalent to those originally received by the fiduciary. The foregoing authorities shall have reference, inter alia, to the exchange of such stock or securities for stock or securities of any holding company which owns stock or other interests in one or more other corporations including the corporate fiduciary, whether the holding company is newly formed or already existing and whether or not any of the corporations own assets identical

Page 623

or similar to the assets of or carry on a business identical or similar to the corporation whose stock or securities were previously received by the fiduciary and the continued retention of stock or securities, or both, of the holding company; and such authorities shall apply regardless of whether any of the corporations have officers, directors, employees, agents, or trustees in common with the corporation whose stock or securities were previously received by the fiduciary. 53-12-289. (a) Whenever by law or by an instrument or court order establishing a fiduciary relationship a trustee is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United State government, or obligations of the agencies of the United State government enumerated in Code Section 53-8-3, the trustee may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as from time to time amended, so long as: (1) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (2) Such investment company or investment trust takes delivery of such collateral, either directly or through an authorized custodian; and (3) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (b) Nothing contained in this Code section shall be construed as relieving any trustee from any duty or liability a trustee has under the prudent investor standard set forth in Code Section 53-12-280. (c) The authority granted in this Code section shall be applicable notwithstanding that a corporate fiduciary or an affiliate of the corporate fiduciary provides services to the investment company or investment trust as investment adviser, custodian, transfer agent, registrar, sponsor, distributor, manager, or otherwise and receives compensation for such services. SECTION 15. This Act shall become effective on January 1, 1998. SECTION 16. Any standard forms adopted pursuant to the Uniform Probate Court Rules shall be issued subject to uniform rules concerning the use of any such

Page 624

forms. Said rules shall allow and facilitate the use of technology in document preparation such as by means of word processing. Further, no such forms or rules shall require the filing party to mark or identify any changes in said forms unless they are material. Further, changes in such forms which are grammatical, changes in gender, changes from singular to plural, omission of optional or alternative language, and the inclusion of variable information such as names and addresses shall not be deemed material; however, the format and sequence of the forms shall be preserved as far as practical. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1996. DOMESTIC RELATIONS MARRIAGE; SAME SEX MARRIAGES PROHIBITED, VOID, AND UNENFORCEABLE; NO LICENSES TO BE ISSUED FOR SAME SEX MARRIAGES. Code Section 19-3-3.1 Enacted. Code Section 19-3-30 Amended. No. 755 (House Bill No. 1580). AN ACT To amend Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, so as to declare that the public policy of this state is to recognize the union only of man and woman; to prohibit marriages between persons of the same sex; to provide that marriages between persons of the same sex shall not be recognized; to provide that any marriage entered into by persons of the same sex pursuant to a marriage license issued outside of this state shall be void in this state; to provide that contractual rights granted by virtue of such a license issued outside of this state shall be unenforceable in the courts of this state; to provide that the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to a marriage between persons of the same sex or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with a marriage between persons of the same sex; to prohibit the issuance of marriage licenses to persons of the same sex; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage generally, is amended by adding between Code Sections 19-3-3 and 19-3-4 a new Code Section 19-3-3.1 to read as follows:

Page 625

19-3-3.1. (a) It is declared to be the public policy of this state to recognize the union only of man and woman. Marriages between persons of the same sex are prohibited in this state. (b) No marriage between persons of the same sex shall be recognized as entitled to the benefits of marriage. Any marriage entered into by persons of the same sex pursuant to a marriage license issued by another state or foreign jurisdiction or otherwise shall be void in this state. Any contractual rights granted by virtue of such license shall be unenforceable in the courts of this state and the courts of this state shall have no jurisdiction whatsoever under any circumstances to grant a divorce or separate maintenance with respect to such marriage or otherwise to consider or rule on any of the parties' respective rights arising as a result of or in connection with such marriage. SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 19-3-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (b) to read as follows: (b)(1) No marriage license shall be issued to persons of the same sex. (2) If one of the persons to be married is a resident of this state, the license may be issued in any county of this state. If neither the male nor the female to be married is a resident of this state, the license shall be issued in the county in which the ceremony is to be performed. 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 2, 1996. LOCAL GOVERNMENT COUNTIES OF 550,000 POPULATION OR MORE; COUNTY BUILDING AUTHORITIES; PROJECTS; BONDS TO BE ISSUED ONLY FOR CONSTRUCTION OF JUVENILE COURT FACILITY; ACT APPROVED APRIL 2, 1980 (GA. L. 1980, P. 4488), AS AMENDED, AMENDED. No. 790 (House Bill No. 843). AN ACT To amend an Act creating county building authorities in certain counties with populations of 550,000 or more, approved April 2, 1980 (Ga. L. 1980,

Page 626

p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), so as to define the term project; to prohibit the issuance of bonds by such authority for purposes other than a project for a juvenile court facility; 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 county building authorities in certain counties with populations of 550,000 or more, approved April 2, 1980 (Ga. L. 1980, p. 4488), as amended, particularly by an Act approved April 14, 1982 (Ga. L. 1982, p. 5031), is amended by inserting following subsection (c) of Section 3 a new subsection to read as follows: (c.1) Effective July 1, 1996, the word `project' shall mean only a building or facility intended for use as a juvenile court facility. SECTION 2. Said Act is further amended by striking paragraphs (9) and (10) of Section 4 and inserting in lieu thereof new paragraphs (9), (10), and (11) to read as follows: (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) Notwithstanding any other provisions of this Act, effective July 1, 1996, no bonds shall be issued by the Authority for any project other than the construction of a juvenile court facility. Nothing in this paragraph shall affect the validity of any bonds or obligations issued by the Authority prior to July 1, 1996; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 3. This Act shall become effective July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1996.

Page 627

COURTS MUNICIPALITIES OF 300,000 POPULATION OR MORE; CITY COURTS HAVING JURISDICTION OVER TRAFFIC LAWS AND ORDINANCES RE-CREATED; CERTAIN COURTS CONTINUED IN EXISTENCE BUT RECONSTITUTED; ACT APPROVED APRIL 21, 1967 (GA. L. 1967, P. 3360) AND AMENDATORY ACTS THERETO REPEALED. No. 791 (House Bill No. 1447). AN ACT To re-create a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census so as to give to such courts jurisdiction to try offenses against the traffic laws of this state and offenses against traffic ordinances committed within the territorial jurisdiction of such cities; to provide for the constitutional authority for this Act; to provide for legislative findings; to provide for jurisdiction; to provide for the qualifications, oath, compensation, restriction on the practice of law, and authority of judges; to provide for appointments, vacancies in office, and removal and retirement of judges; to provide for the retention and terms of office of judges; to provide for a chief judge and a chief judge pro tempore and their related duties; to provide for hearings in open court and chambers; to provide for jurors and jury trials; to provide for the appointment, qualifications, and salaries of solicitors and assistant solicitors; to provide for the retention and terms of office of solicitors; to provide for appointment, qualifications, and compensation of a public defender and appointed counsel; to provide for the clerk, constables, bailiffs, investigators, and other court personnel; to provide for service of judges pro hac vice and solicitors and public defenders pro hac vice; to provide for service of senior judges; to provide for terms of court; to provide for the housing, facilities, and violation bureaus of such courts; to provide for a director; to provide for probation for probationers of such courts; to provide for criminal prosecutions and appeals; to provide for the disposition of fines and forfeitures; to provide for additional penalties and their disposition; to provide that any such court shall be a successor court to any current such court; to provide for transfer of cases and certain materials; to provide for the specific repeal of certain prior statutes relating to such courts; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Establishment. Pursuant to the provisions of Article VI, Section I of the Constitution of the State of Georgia, as amended, and the provisions of that constitutional amendment authorizing the General Assembly to create a new court or

Page 628

system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act No. 81; H.R. 167-510; Ga. L. 1967, p. 963), which constitutional amendment was specifically continued in force and effect on and after July 1, 1987, as a part of the Constitution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4820), there is hereby established in each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such a court to be known as the city court of such city. Such courts shall be considered courts of record and shall have a seal of appropriate design prescribed by the governing authority of each city; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such courts. SECTION 2. Legislative determination. It is hereby declared as a matter of legislative determination: (1) That the problem of the enforcement of the criminal laws and ordinances involving the operation or ownership of motor vehicles upon the streets and highways of the state is particularly acute in areas where there are densely concentrated populations; (2) That such traffic laws and regulations may be enforced more effectively, efficiently, and justly by the creation of courts specifically designed for such service in congested areas; and that such courts are state courts of limited jurisdiction. (3) That the provisions of this Act will promote the general defense and public welfare. SECTION 3. Jurisdiction. Each such court shall have jurisdiction coextensive with the territorial limits of the city in which it is located over: (1) All crimes and offenses under the laws of the state relating to and regulating traffic, and all other crimes and offenses arising out of the same occurrence as such traffic offense, not above the grade of misdemeanor and not exclusively cognizable in the superior courts; provided, however, no defendant shall be tried on a misdemeanor charge in any county except where the alleged offense was committed. (2) All offenses against the duly enacted laws and ordinances of such city relating to and regulating traffic, and all other offenses against laws and ordinances of such city arising out of the same occurrence as

Page 629

such traffic offense. Punishment for such offenses shall be imposed as provided by laws and ordinances duly enacted by the governing authority of such city. SECTION 4. Judges; qualifications; oath; compensation; restriction on practice of law. (a) There shall be a chief judge of each such court and such number of judges as may be necessary to conduct the business of the court. (b) Each judge shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in which he or she is selected to serve, shall have been a resident of the state for at least three years next preceding the beginning of his or her term of office, shall as of such date be at least 25 years of age, and shall have been admitted to practice law for at least five years. Any judge holding office in such courts on the effective date of this Act but not a resident of the city as provided herein shall be eligible for retention in office as provided herein. (c) Before discharging his or her duties, each judge shall take the same oath as judges of the superior courts. (d) The annual salaries of the chief judge and of each judge shall be fixed by the governing authority of each city. However, the annual salaries of the chief judge and judges shall be no less than 90 percent of the annual salaries of the judges of the state court within the territorial jurisdiction of said court. (e) A full-time judge of such courts shall not engage in the private practice of law or hold any other public office or office in any political party. Any person appointed a judge pro hac vice pursuant to the provisions herein may engage in the private practice of law in other courts but may not practice in his or her own court, appear on any matter as to which that judge has exercised jurisdiction, qualify for or hold any other public office, or hold an office in any political party. SECTION 5. Vacancies; method of appointment; removal; retirement. (a) In the event of a vacancy in office of a judge of the court for any cause, the mayor shall fill such vacancy by appointing one of three qualified persons nominated by a judicial nominating commission constituted for the purpose of nominating city court judges in the territorial jurisdiction. All members of such commission shall reside within the city where such court is located. If such a commission does not exist within the territorial jurisdiction, the mayor shall appoint one of three qualified persons nominated by the judges of the superior court having territorial jurisdiction in the county where such court is located. Each judge so appointed

Page 630

shall hold office for a term ending with the regular city election following the date of appointment. (b) Judges of a city court shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of the State of Georgia. SECTION 6. Retention of judges; term of office; failure to be retained. (a) A judge of such court who shall desire to retain judicial office for a succeeding term shall file, with the municipal clerk not more than 90 days nor less than 60 days prior to each regular municipal election prior to the expiration of the judge's then term of office, a declaration of intent to run for another term. (b) Upon the filing of the above declaration, a question shall be placed upon the appropriate ballot of such election within the territorial jurisdiction of the court as follows: Shall Judge (Name of judge) of the (Name of the city) City Court be retained in office? _____ Yes, to retain _____ No, against retention. (c) As of the November, 1997, regular municipal elections in the territorial jurisdiction where such courts are located, if a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Monday in January following each such election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions of this Act. (d) Any judge failing to be retained by electors shall be ineligible for appointment to any such court for a period of four years. SECTION 7. Chief judgeselection; chief judge pro tempore; duties. (a) The judges of each such court shall elect by majority vote a chief judge from one of their number for a term of two years. The chief judge may succeed himself or herself for successive terms. A majority vote of all judges, including the chief judge, shall be required to remove an incumbent from the office of chief judge. In case of illness or temporary absence or incapacity of the chief judge, the judges shall select by majority vote one of their number to act as chief judge pro tempore.

Page 631

(b) If no chief judge has been elected within 30 days after the creation of a vacancy, the judge senior in length of continuous judicial service on such court shall be ex officio chief judge. (c) The chief judge of the court shall be responsible for the general superintendence of the business of the court. He or she shall promulgate all rules necessary for the supervision, conduct, and administration of said court, including but not limited to the following: determine the number of divisions into which the court shall be divided and assign the judges or judges pro hac vice to duty therein; prescribe the days and hours for the sessions of the various divisions of the court; prescribe the form and manner for the preparation and keeping of such calendars, dockets, and records of such court; call and preside at meetings of the judges of the court; require such reports from the judges, judges pro hac vice, solicitor, clerk, and other court personnel as deemed necessary and proper; prepare and submit the budget of said court to the mayor and city council and other appropriate departments, committees, and agencies; and perform other such duties as required by law. SECTION 8. Authority of judges generally. The judges of such courts shall have the same authority as judges of the superior courts to: (1) Compel the production of books, papers, and other documentary evidence in the possession of any party; (2) Enforce obedience to their orders, judgments, and sentences with the same authority as judges of superior courts; (3) Compel the attendance of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other processes in cases within its jurisdiction; (4) Punish those in its presence for contempt by fines not exceeding $500.00 or by imprisonment not exceeding 20 days or both; (5) Establish bail and forfeit bonds with the same authority as the judges of superior courts, except such bonds as may by law only be set by judges of superior courts; (6) Administer oaths and exercise all other powers necessarily appertaining to their jurisdiction or which may be granted them by law; (7) Issue criminal warrants either on their own knowledge or on information given under oath; (8) Suspend or revoke the driver's license of any person found guilty of the violation of such traffic laws and ordinances;

Page 632

(9) Probate, revoke, amend, remit, modify, alter or suspend sentences imposed; (10) Take affidavits and attest other papers; and (11) Such other powers and duties as shall be provided by law. SECTION 9. Hearings on merits in open court; other proceedings allowed in chambers. All trials and preliminary hearings on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judges of such courts may hear motions and enter orders in all cases pending in the court over which he or she presides in open court or chambers. The proceedings after information, accusation, uniform traffic citation, or summons shall conform to the rules governing like proceedings in superior courts. SECTION 10. Jurors; jury trials. (a) All laws with reference to the number, composition, qualifications, impaneling, challenging, and compensation of jurors in state courts within the territorial jurisdiction of such courts shall apply to and be observed by each such courts. (b) In all instances where an accused has a right to a trial by jury, the judges of any such courts shall adhere to the practices and procedures of state courts. SECTION 11. Solicitors; appointment; qualifications; assistants; prohibition on practice of law; salaries; budget. (a) There shall be a solicitor of such courts and as many assistant solicitors for each of such courts as there are regular judges. Each solicitor and assistant solicitor shall take the same oath and perform the same duties as solicitors of the state courts, as far as applicable to and not inconsistent with this Act. (b) The solicitors of each court shall be appointed and retained in the same manner as provided for judges within this Act. (c) Each solicitor shall have been for at least one year prior to appointment and continue to be during the term of office a resident of the city in

Page 633

which he or she is selected to serve, shall be at least 25 years of age, and shall have been admitted to practice law in the State of Georgia for at least five years. (d) Assistant solicitors shall be appointed by each solicitor and serve at his or her discretion. Each person so appointed shall have been admitted to practice law in the State of Georgia. (e) Any full-time solicitors and assistant solicitors may not engage in the private practice of law. A part-time assistant solicitor of such courts may engage in the private practice of law but may not practice or appear in any matter as to which he or she has exercised jurisdiction. (f) The annual salary of the solicitor and the annual salary of each assistant solicitor shall be fixed and determined by the governing authority of the city payable as provided by the governing authority for other employees within the city. (g) The solicitor shall prepare and submit an annual budget for his or her office to the mayor and city council within the territorial jurisdiction. SECTION 12. Public defender; appointment; qualifications; prohibition on practice of law; compensation; budget. (a) Any such courts shall provide for the representation of indigent defendants by a public defender's office. (b) The public defender shall be appointed in accordance with the provisions of subsection (a) of Section 5 of this Act. The provisions relating to the qualifications, appointment of assistants, prohibition on the private practice of law, compensation, and budget of the solicitor in Section 11 of this Act shall apply to the public defender. Any person appointed public defender shall be appointed to a four-year term of office and shall serve until a successor is duly appointed and qualified in accordance with the provisions of this Act. SECTION 13. Investigators. There shall be not less than one investigator for each of such courts, each of whom shall be appointed by and serve at the discretion of the solicitor. SECTION 14. Clerk and other court personnel; prohibition. (a) There shall be a clerk of each such court, as many deputy clerks as there are regular judges, and such clerical assistants as the judges determine

Page 634

necessary for the efficient operation of the court. The clerk, deputy clerks, and clerical assistants shall be appointed by the judges of each of such courts in conference and shall serve at their discretion. Any person appointed clerk shall be a resident of the city in which such court is located during his or her term of office. However, the residency requirement herein shall not apply to any person holding the position of clerk, but not a resident of the city, on the effective date of this Act. (b) The clerk, deputy clerks, and clerical assistants shall have the same powers and duties as like officers of the superior courts, as far as applicable to and not inconsistent with this Act. Each clerk and deputy clerk shall be responsible for all moneys collected and shall give bond for the faithful discharge of his or her duties in such amount as may be fixed by the governing authority of each of such cities. (c) The clerk shall further submit to the chief judges of such courts recommendations for improving the efficiency and operation of the court; assist the chief judges in the preparation of budgeting and fiscal reports and documents as may be necessary for the proper operation and maintenance of the court; maintain and keep the seal of such courts; and perform such other duties as may be required by law or the chief judge. (d) The clerk and court personnel as provided herein are prohibited from practicing law in their own or another's name, as a partner or otherwise, in any court except in their own case. SECTION 15. Bailiffs. There shall be as many bailiffs for each of such courts as there are regular judges. Each bailiff shall be appointed by and serve at the discretion of the judges in conference, shall attend all sittings of the court, and shall perform such other duties as may be prescribed by the judges. SECTION 16. Constables. The constables of each of such courts shall be the sheriffs and deputy sheriffs of the several counties of this state and the chief of police and the regularly elected and qualified members of the police department of each city, each of whom shall serve all processes and orders to them directed. SECTION 17. Service by judges pro hac vice. Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the business of the court, the chief judge may appoint one or more attorneys at law to act as judge pro hac vice. Any person appointed judge pro hac vice shall possess

Page 635

the same qualifications as required for judges within this Act. Each judge pro hac vice while serving as such shall have all the powers and authority of a judge. SECTION 18. Service by senior judges. (a) The office of senior judge of such court is created. Any judge, chief judge, or judge of any such court who retires pursuant to the provisions of applicable laws relating to such retirement shall be a senior judge on the effective date of such retirement. (b) Senior judges may be called upon to serve as judges of such court when a regular judge for some reason is unable to serve. Any such senior judge may be subject to designation and assignment, with the senior judge's consent, either as additional or substitute judge. Such senior judge shall have all the power and authority when so designated or assigned as a judge of such court. Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of such court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of such court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. SECTION 19. Solicitors and public defenders pro hac vice. (a) The solicitors shall appoint solicitors pro hac vice as needed by such courts, and as provided by the governing body of each city, to act in the event of emergency or necessity except as provided herein. (b) The chief judge of any such courts shall appoint solicitors pro hac vice or public defenders pro hac vice when there is a conflict of interest associated with the office of the solicitor or public defender. For the appointment of a solicitor pro hac vice or public defender pro hac vice, the solicitor or public defender shall make a written request to the chief judge or file a motion before the court setting out the nature of the conflict of interest. SECTION 20. Terms of court. Each court shall have two terms of six months, each term to be designated by the name of the month in which the term begins and shall also have such adjourned terms as the chief judge may prescribe. Two or more

Page 636

sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide. SECTION 21. Housing and facilities for courts. Each court shall sit at such places within the city as the governing authority shall provide. However, the governing authority of each city shall provide adequate courtrooms, offices, equipment, and other facilities necessary for the operation of each of such courts. SECTION 22. Violation bureau; director. (a) The governing authority of each city may provide a violation bureau for the payment of fines for violations of traffic ordinances of the city without offenders being required to make an appearance in court. The fines for such offenses shall be in accord with a schedule of fines determined by the chief judge. However, such procedures shall not be available for violations involving an accident or driving while under the influence of intoxicants, whether or not an accident occurs. (b) There shall be a director of the violation bureau who shall be appointed by and serve at the pleasure of a majority of the judges. SECTION 23. Probation. When such courts are located in counties having a county probation system where the probation officers are functioning and deemed to be the same as circuit probation officers under the provisions of Article 2 of Chapter 8 of Title 42 of the O.C.G.A., the State-wide Probation Act, probationers from such courts shall be supervised by the county probation system. The expense of supervising such probationers shall be paid by such cities out of the moneys collected as fines and forfeitures. SECTION 24. Criminal prosecutions. Criminal prosecutions in such courts may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department. SECTION 25. Appellate review. The orders, verdicts, judgments, and sentences of such courts shall be subject to appellate review in accordance with the provisions of general law:

Page 637

(1) By the appropriate appellate court of this state in misdemeanor cases; and (2) By writ of certiorari in the appropriate superior court in all other cases. SECTION 26. Fines and forfeitures; priority in distribution. Except as provided in Sections 27 and 28 of this Act, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective cities and shall be used first to cover the housing facilities, equipment, personnel and personnel training, and other costs necessary for the administration of such courts. Any remaining funds shall be used to defray the expenses associated with the enforcement of laws and ordinances relating to and regulating traffic. SECTION 27. Additional penalty. (a)(1) In every traffic case, other than parking violations, in which a court imposes a fine under this Act for a violation of a state law or local ordinance there shall be imposed as an additional penalty a sum not to exceed $3.00. (2) At the time of posting bail or bond in any traffic case before a court under this section, an additional sum not to exceed $3.00 shall be posted. In every traffic case in which a court under this section orders the forfeiture of bail or bond, the additional sum posted shall be paid over as provided in subsection (b) of this section. (b) The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in paragraphs (1) and (2) of subsection (a) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected shall be distributed by the finance department of the city served by the traffic court created by this Act. One-third of the funds collected shall be distributed to the court created by this Act in support of the Victims and Witnesses Assistance Program operated by the chief judge of such court. Two-thirds of the funds collected under this Act shall be distributed by the city finance department to the crime commission serving such city, in support of the Victims and Witnesses Assistance Program operated by the crime commission in the municipal court of said city. Budgets for each of the Victims and Witnesses Assistance Programs named in this section shall be submitted to the finance committee of the city council for review and approval of the distribution of the funds. An annual report to the governing authority of the city served by the traffic court created by this Act of the moneys received by each recipient of these funds shall be made by the chief judge of each court in which a Victims and

Page 638

Witnesses Assistance Program is supported by the funds collected under this section. (c) Except as otherwise provided in subsection (b) of this section and except as otherwise provided in Section 28, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective city served by the court and shall be used exclusively to defray the expense of operating such courts and the enforcement of the laws and ordinances relating to and regulating traffic. SECTION 28. Additional penalty. (a)(1) In every case in which such courts shall impose a fine, which shall be constructed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of a political subdivision thereof, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in Sections 26 and 27 of this Act. (2) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of a political subdivision thereof, an additional sum equal to 10 percent of the original amount of bail or bond shall be posted. In every case in which such courts shall order the forfeiture of bail or bond, the additional sum equal to 10 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any sums provided for in paragraph (2) of subsection (a) of Section 27 of this Act. (b) Such sums required by subsection (a) of this section and Section 27 of this Act shall be in addition to that amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers' Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Georgia. (c) The sums provided for in subsection (a) of this section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the city in which the court is located by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the city jail fund. (d) Any person whose duty it is to collect and remit the sums provided for in this Act who fails or refuses to remit such sums by the date required by this Act shall be guilty of a misdemeanor.

Page 639

(e) Moneys collected pursuant to this section and placed in the city jail fund shall be expended by the governing authority of the city solely and exclusively for constructing, operating, and staffing city jails, city correctional institutions, and city detention facilities or for the purpose of contracting for such facilities with other cities, counties, the state, or other political subdivisions. The city jail fund and moneys collected pursuant to this Act to be placed in the city jail fund may be pledged as security for the payment of bonds issued for the construction of city jails, city correctional institutions, and city detention facilities. This section shall not preclude the appropriation or expenditure of other funds by the governing authority of any city or by the General Assembly for the purpose of constructing, operating, or staffing city jails, city correctional institutions, and city detention facilities. SECTION 29. Continuance of certain courts; transfer of cases. Any such court or system of courts created and in existence pursuant to an Act approved April 21, 1967 (Ga. L. 1967, p. 3360), as amended, is continued in existence, but on and after the effective date of this Act shall be constituted as provided in this Act. All cases and matters that are pending in such court or system of courts shall be transferred to the court created under this Act. All records, books, and documents relating to such cases or prior cases shall be transferred likewise. SECTION 30. Specific repealer. An Act to create a system of traffic courts pursuant to the Constitution of Georgia for each city of this State having a population of more than 300,000 by the Federal Census of 1960, or any future Federal Census, giving to such courts jurisdiction to try offenses against the traffic laws of this State and offenses against traffic ordinances committed within the territorial jurisdiction of such cities, approved April 21, 1967 (Ga. L. 1967, p. 3360), and all amendatory Acts thereto, are repealed in their entirety. SECTION 31. General repealer. All laws and parts of laws in conflict with this Act are repealed. Approved April 4, 1996. PURPLE HEART HIGHWAY DESIGNATED. No. 62 (Senate Resolution No. 384). A RESOLUTION Designating the Purple Heart Highway; and for other purposes.

Page 640

WHEREAS, veterans of the armed forces of the United States have established an outstanding record of valor and service during periods of conflict; and WHEREAS, the exceptional leadership, courage, and commitment demonstrated by those who have served their country in times of war have created a proud and noble heritage; and WHEREAS, those veterans who have been wounded in the line of duty are recognized for their extraordinary valor, sacrifice, and service to their country through the award of the Purple Heart; and WHEREAS, it is only fitting and proper that the contributions of those brave men and women who have received the Purple Heart be properly recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Interstate 20 from Interstate 285 eastward to U.S. 441 is designated the Purple Heart Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Purple Heart Highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Department of Transportation. Approved April 8, 1996. JOINT STUDY COMMITTEE ON DEKALB COUNTY'S FORM OF GOVERNMENT RE-CREATION. No. 63 (House Resolution No. 1096). A RESOLUTION Re-creating the Joint Study Committee on DeKalb County's Form of Government; and for other purposes. 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

Page 641

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 careful study is needed 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; and WHEREAS, the Joint Study Committee on DeKalb County's Form of Government, created in 1995 to explore these issues, made excellent progress but went out of existence without completing its task. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that there is re-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 shall designate the chairperson of the committee, and the chairperson of the DeKalb County delegation in the Senate shall designate a member of the committee as vice chairperson of the committee. The chairperson 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 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

Page 642

made on or before December 1, 1996. The committee shall stand abolished on December 1, 1996. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1996 session of the General Assembly of Georgia a bill to provide that the Joint Study Committee on DeKalb County's Form of Government shall be recreated with the same duties; to provide that members shall be appointed by the same officials; to provide that the committee shall stand abolished on December 1, 1996; to provide for related matters; to repeal conflicting laws; and for other purposes. This 19th day of February, 1996. Honorable Doug Teper Representative, 61st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Doug Teper, who, on oath, deposes and says that he is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 22, 1996. /s/ Doug Teper Representative, 61st District Sworn to and subscribed before me, this 26th day of February, 1996. /s/ Connie F. Smith Notary Public, Clayton County, Georgia My Commission Expires Dec. 6, 1997 (SEAL) Approved April 8, 1996. BANKING AND FINANCE BRANCH BANKS; MANAGEMENT, OWNERSHIP, AND CREATION. Code Section 7-1-601 Amended. No. 797 (Senate Bill No. 165). AN ACT To amend Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and

Page 643

holding companies, so as to revise provisions governing the management, ownership, and creation of branch banks; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 18 of Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to bank branches, offices, facilities, and holding companies, is amended by striking Code Section 7-1-601, relating to branch banks, and inserting in lieu thereof a new Code Section 7-1-601 to read as follows: 7-1-601. (a) Branch banks, as defined in paragraph (5) of Code Section 7-1-600, shall be operated as branches and under the name of the parent bank and under the control and direction of the board of directors and executive officers of said parent bank. The board of directors of the parent bank shall elect a cashier and such other officers that may be required to conduct the business of said branch properly; and a board of directors, or loan committee, shall be responsible for the conduct and management of said branch, but not of the parent bank or of any other branch save that of which they are officers, directors, or committee. (b) Taxation of all banks, branch banks, bank offices, and bank facilities shall be in the manner provided in Code Section 48-6-90. (c) No new or additional branch bank as defined in paragraph (5) of Code Section 7-1-600 shall be established except with the prior approval of the department and as follows: (1) After July 1, 1996, a bank may establish three new or additional branch banks. Such branch banks may be established de novo in the same manner as provided for the establishment of bank offices in Code Section 7-1-602. As used in this subsection, the term `bank' shall mean all affiliated banks under the same bank holding company. The limitation on the number of banks set forth in this paragraph shall not apply to branch banks established pursuant to subsection (e) of Code Section 7-1-606. All banks chartered pursuant to this Code Section shall use all reasonable means to serve the needs of all segments of the community in which they are located. Such banks shall diligently comply with the provisions of the Community Reinvestment Act; (2) Any parent bank located in any county of this state having a population of 400,000 or more according to the United States decennial census of 1970 may establish branch banks as provided by law within any adjacent county having a population of 400,000 or more according to the United States decennial census of 1970;

Page 644

(3) (A) A branch bank may be established through merger, consolidation, or sale of assets pursuant to Part 14, 15, or 16 of this article if: (i) One of the parties to the merger, consolidation, or sale of assets is a failed bank; and (ii) (I) In the event that the other party presently maintains a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank; or (II) In the event that the other party is a bank domiciled in this state which does not maintain a parent bank or a branch bank in a county adjacent to the county of the failed bank, all qualified banks having a parent bank or a branch bank in either the county of the failed bank or a county adjacent to the county of the failed bank are unwilling to merge or consolidate with, or acquire the assets of, the failed bank. (B) For the purposes of this paragraph, a bank shall be deemed to be a failed bank if the commissioner and the appropriate federal regulatory authority have determined that the bank: (i) Is insolvent or in an unsafe or unsound condition to transact its business; or (ii) Has generally suspended payment of its obligations without authority of law. (C) For the purposes of this paragraph, a bank shall be deemed to be qualified to merge or consolidate with, or acquire the assets of, a failed bank only if the commissioner and the appropriate federal regulatory authority have determined that the bank possesses sufficient capital and management resources to enable it to operate safely and soundly following the proposed merger, consolidation, or sale of assets. (D) For the purposes of this paragraph, a bank shall be deemed to be unwilling to merge or consolidate with, or acquire the assets of, a failed bank if it does not, within a reasonable time as determined by the commissioner, match the best offer made by any qualified bank to merge or consolidate with, or acquire the assets of, the failed bank. The commissioner may prescribe procedures for determining the best offer to merge or consolidate with, or acquire the assets of, the failed bank, including but not limited to the submission of sealed bids; for determining which of the banks located in the county of the failed bank, or in counties adjacent to the county

Page 645

of the failed bank, shall be entitled to attempt to match the best offer; and for determining whether a subsequent offer matches the best offer. SECTION 2. Said part is further amended by striking subsection (c) of Code Section 7-1-601, relating to branch banks, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) New or additional branch banks as defined in paragraph (5) of Code Section 7-1-600 may be established with the prior approval of the department. Such branch banks may be established de novo in the same manner as is provided for the establishment of bank offices in Code Section 7-1-602, by relocation of the parent bank or another branch bank, or by merger, consolidation, or purchase of assets and assumption of liabilities involving another parent bank or branch bank. SECTION 3. Section 1 of this Act shall become effective July 1, 1996. Section 2 of this Act shall become effective on July 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. CRIMES AND OFFENSES BODY PIERCING OF MINOR WITHOUT WRITTEN PARENTAL CONSENT PROHIBITED; PENALTY. Code Section 16-5-71.1 Enacted. No. 798 (Senate Bill No. 508). AN ACT To amend Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, so as to prevent certain piercings of the bodies of minors without the consent of a parent or guardian of such minor; to provide for a penalty; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to cruelty to children, is amended by adding immediately following Code Section 16-5-71 a new Code section to read as follows:

Page 646

16-5-71.1. (a) It shall be unlawful for any person to pierce the body, with the exception of the ear lobes, of any person under the age of 18 for the purpose of allowing the insertion of earrings, jewelry, or similar objects into the body, unless the prior written consent of a custodial parent or guardian of such minor is obtained; provided, however, that the prohibition contained in this subsection shall not apply if: (1) Such person has been furnished with proper identification showing that the individual is 18 years of age or older; and (2) The person reasonably believes such minor to be 18 years of age or older. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. HEALTH DEPARTMENT OF HUMAN RESOURCES; STATE-WIDE VACCINATION REGISTRY FOR CHILDREN UNDER AGE 18. Code Section 31-12-3.1 Enacted. No. 799 (House Bill No. 844). AN ACT To amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for a state-wide vaccination registry for children under age 18 to be established by the Department of Human Resources; to provide for reporting requirements and contents of the registry; to provide for utilization of the registry by the department; to provide for maintenance of records; to provide for limited disclosure of registry information; to limit application of certain prohibitions; to provide civil immunity for certain persons reporting or receiving registry information to or from the department; to provide for funding of the registry program; to provide for rules and regulations; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to control of hazardous conditions, preventable diseases, and metabolic

Page 647

disorders, is amended by adding after Code Section 31-12-3 a new Code Section 31-12-3.1 to read as follows: 31-12-3.1. (a) The department, for purposes of establishing and maintaining a single repository of accurate, complete, and current vaccination records to be used in aiding, coordinating, and promoting effective and cost-efficient childhood disease prevention and control efforts, shall establish and maintain a childhood vaccination registry. (b) Any person who administers a vaccine or vaccines licensed for use in children by the United States Food and Drug Administration to a child under the age of 18 shall for each such vaccination provide to the department such data as are deemed by the department to be necessary and appropriate for purposes of the vaccination registry established pursuant to subsection (a) of this Code section, including, without limitation: (1) The name of the child; (2) The child's date and place of birth, including the name of the hospital where delivered, if applicable; (3) The names and addresses of the child's parents or guardians; (4) The date of the vaccination and the specific type or types of vaccine or vaccines administered to the child on that date; and (5) Complications or side effects resulting from a vaccination, if any. Vaccination data reporting requirements, including without limitation the types of data required to be reported and the time and manner of reporting such data, shall begin after the registry has established linkages to vaccine providers and shall be established by the department in consultation with the United States Centers for Disease Control and Prevention, the Georgia chapter of the American Academy of Pediatrics, and the Georgia Academy of Family Physicians. (c) The department shall utilize the registry to provide notices, whether by mail, telephone, personal contact, or other means, to parents or guardians regarding their children or wards who are due or overdue for a particular type of vaccination according to recommended vaccination schedules. The department shall consult with medical services providers to determine the most effective and efficient manner of using the registry to provide such notices. (d) Vaccination records for any child included within the vaccination registry shall be maintained as part of the registry until the child reaches the age of 18. (e) Individually identifiable vaccination information regarding a child may be provided to the department by, or released by the department to,

Page 648

a local health department, hospital, physician, or other provider of medical services to the child or to a school or child care facility in which the child is enrolled without the consent of the child's parents or guardians. All children shall be enrolled unless a specific exemption is requested by the child's parent or guardian. A parent or guardian may obtain and upon request to the department shall be provided with all individually identifiable vaccination registry information regarding his or her child or ward. Except as provided otherwise by this Code section, individually identifiable vaccination registry information shall be treated as confidential and shall not be released to a third party without consent of a child's parent or guardian. (f) Nothing in this Code section shall: (1) Prohibit the department from providing or publishing registry information in aggregate form for scientific, educational, or public health purposes, provided that such information is published without releasing or identifying individual names contained in the registry; (2) Prohibit the department or any medical services provider from notifying a parent, guardian, or child of the child's vaccination status or of a vaccination that is due or overdue according to recommended vaccination schedules; or (3) Diminish a parent's or guardian's responsibility for having a child vaccinated properly. (g) Any person, including but not limited to practitioners of the healing arts, submitting or obtaining in good faith vaccination reports or data to or from the department in compliance with the provisions of this Code section and any rules or regulations promulgated pursuant to this Code section shall not be liable for any civil damages therefor. (h) The department is authorized to accept any grants, gifts, awards, and funds from government, public, and private sources to supplement any appropriation made for the purpose of funding the provisions of this Code section. (i) The department is authorized and directed to promulgate such rules and regulations as are necessary and appropriate to implement the provisions of this Code section. SECTION 2. 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 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996.

Page 649

COURTS CHILD SUPPORT OR ALIMONY AWARDS; CONFINEMENT IN DIVERSION CENTER FOR VIOLATION OF ORDER GRANTING AWARD; INTEREST ON CHILD SUPPORT AWARDS. Code Section 15-1-4 Amended. Code Sections 7-4-12.1 and 42-8-130 Enacted. No. 800 (Senate Bill No. 7). AN ACT To amend Article 1 of Chapter 4 of Title 7 of the Official Code of Georgia Annotated, relating to general provisions relative to interest and usury, so as to provide for interest on arrearage on child support, whether or not such arrearages have been reduced to judgment; to provide for applicability; to amend Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, so as to provide that when a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program operated by a county; to amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to authorize any county to establish a diversion center and diversion program for certain persons who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support; to provide that while the respondent is in the diversion program, he or she shall continue to engage in his or her occupation and shall satisfy any obligations of alimony or child support; to provide that the respondent shall be confined to the diversion center during certain periods; to require the respondent to pay a certain fee to cover the costs of incarceration and the administration of the diversion program if funds remain after payment of alimony or child support; to authorize alternative methods of incarceration in certain circumstances; to provide for other features of the diversion program; 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 relative to interest and usury, is amended by inserting immediately following Code Section 7-4-12 the following: 7-4-12.1. All awards of child support expressed in monetary amounts shall accrue interest at the rate of 12 percent per annum commencing 30 days from

Page 650

the day such award or payment is due. This Code section shall apply to all awards, court orders, decrees, and judgments rendered pursuant to Title 19. It shall not be necessary for the party to whom the child support is due to reduce any such award to judgment in order to recover such interest. SECTION 2. Code Section 15-1-4 of the Official Code of Georgia Annotated, relating to extent of contempt power and when jury trial required, is amended by adding at the end thereof a new subsection (c) to read as follows: (c)(1) When a person who is gainfully employed violates an order of the court granting temporary or permanent alimony or child support and the judge finds the person in contempt of court, the sentencing judge may sentence the respondent to a term of confinement in a diversion center and participation in a diversion program if such a program has been established by a county pursuant to the provisions of Article 8 of Chapter 8 of Title 42. SECTION 3. Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by adding at the end thereof a new Article 8 to read as follows: ARTICLE 8 42-8-130. A county shall be authorized to establish a diversion center under the direction of the sheriff of the county in which the diversion center is located and a diversion program for the confinement of certain persons who have been found in contempt of court for violation of orders granting temporary or permanent alimony or child support and sentenced pursuant to subsection (c) of Code Section 15-1-4. While in such diversion program, the respondent shall be authorized to travel to and from his or her place of employment and to continue his or her occupation. The official in charge of the diversion program or his or her designee shall prescribe the routes, manner of travel, and periods of travel to be used by the respondent in attending to his or her occupation. If the respondent's occupation requires the respondent to travel away from his or her place of employment, the amount and conditions of such travel shall be approved by the official in charge of the diversion center or his or her designee. When the respondent is not traveling to or from his or her place of employment or engaging in his or her occupation, such person shall be confined in the diversion center during the term of the sentence. With the approval of the sheriff or his or her designee, the respondent may participate in educational or counseling programs offered at the diversion center. While participating

Page 651

in the diversion program, the respondent shall be liable for alimony or child support as previously ordered, including arrears, and his or her income shall be subject to the provisions of Code Sections 19-6-30 through 19-6-33 and Chapter 11 of Title 19. In addition, should any funds remain after payment of child support or alimony, the respondent may be charged and a fee payable to the county operating the diversion program to cover the costs of his or her incarceration and the administration of the diversion program which fee shall be not more than $30.00 per day or the actual per diem cost of maintaining the respondent, whichever is less, for the entire period of time the person is confined to the center and participating in the program. If the respondent fails to comply with any of the requirements imposed upon him or her in accordance with this Code section, nothing shall prevent the sentencing judge from revoking said assignment to a diversion program and providing for alternative methods of incarceration. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. RETIREMENT AND PENSIONS LOCAL RETIREMENT SYSTEMS; POWERS AND DUTIES; REPORTS BY STATE AUDITOR ON CONDITIONS; INVESTMENTS AND REINVESTMENTS. Code Sections 47-1-3, 47-1-4, and 47-1-12 Amended. No. 801 (Senate Bill No. 698). AN ACT To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that a certain report submitted by local retirement systems to the state auditor shall be submitted every two years; to provide that such report shall contain certain information; to provide that the state auditor shall report certain information every two years; to provide that certain local retirement systems may invest up to 55 percent of retirement system assets in equities; to define a certain term; to provide that local retirement systems shall not be subject to certain restrictions; to provide for certain investment guidelines; to provide that there shall be no limitation on the investment in equities in defined contribution retirement plans; to define a certain term; to repeal conflicting laws; and for other purposes.

Page 652

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by striking in its entirety Code Section 47-1-3, relating to the power of local retirement systems to hire an actuary and related matters, and inserting in lieu thereof the following: 47-1-3. (a) As used in this Code section, the term `local retirement system' means any retirement, pension, or emeritus system covering an employee or employees of a county, municipality, local board of education, or other political subdivision, or any groups or classifications of such employees which is funded at least in part by such political subdivisions. (b) The board of trustees or other governing authority of each local retirement system is authorized and directed to designate and retain the services of a qualified actuary to provide technical advice and assistance to the board of trustees or governing authority in the management of the retirement system and in the preparation of surveys or reports required under this Code section. (c) Any political subdivision maintaining a local retirement system for an employee or employees or for classifications of employees is authorized to expend any public funds available to it to pay any portion of the administrative costs of the retirement system, if the funds available to the retirement system are not adequate to pay the administrative costs, notwithstanding any contrary provisions of any laws relative to such local retirement system. (d) Once every two years, the board of trustees or other governing authority of each local retirement system shall have the system's actuary make an actuarial investigation. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, morality, disability, withdrawal, and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payments necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the local retirement system board of trustees or other governing authority thereof shall attach a copy of all the provisions of the plan for the local retirement system, including the requirements and conditions for qualifying to

Page 653

participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. Beginning on October 1, 1996, and every two years thereafter on such date, the board of trustees or other governing authority of each such local retirement system shall have on file with the state auditor an actuarial investigation meeting the requirements of this subsection. This subsection shall not apply to a retirement or pension program which is established pursuant to an insurance contract between an insurer and a county, municipality, local board of education, or other political subdivision or between an insurer and any commission, board, or other agency of any such political subdivision. As used in the preceding sentence, the word `insurance' and the word `insurer' shall have the meanings set forth, respectively, in Code Section 33-1-2. Municipalities providing a retirement program for their employees pursuant to a contract with the Board of Trustees of the Georgia Municipal Employees Benefit System shall not be required to submit actuarial investigations under this subsection or financial reports under this Code section. In lieu of such actuarial investigations and reports, the Board of Trustees of the Georgia Municipal Employees Benefit System shall prepare a comprehensive report once every two years based on the information required under Code Sections 47-5-26 and 47-5-30. Such comprehensive reports shall be filed with the state auditor at the same time as actuarial investigations are filed as provided in this subsection. Any county providing a retirement program for its employees pursuant to a contract with, or a program offered by, the Association County Commissioners of Georgia shall also be exempt from the requirements of this subsection and subsections (e) through (j) of this Code section, if the Association County Commissioners of Georgia files with the state auditor, at the same time actuarial investigations are filed under this subsection, a comprehensive report substantially equivalent to the comprehensive report filed by the Board of Trustees of the Georgia Municipal Employees Benefit System as provided in this subsection. (e) The board of trustees or other governing authority of each local retirement system shall file a financial report on such local retirement system with the state auditor at the same time each actuarial investigation is filed with the state auditor as provided by subsection (d) of this Code section. (f) The financial report shall include, for each of the two fiscal years covered by the report, the following information: (1) The receipts of the local retirement system, including member contributions, employer contributions, any other contributions, investment income, gains from the sale of the system's assets, and any other receipts from whatever source derived; (2) The disbursements of the local retirement system, including benefit payments to retirees or beneficiaries, refunds to members,

Page 654

losses from the sale of the system's assets, and administrative expenses of the system; and (3) The certificate of the chairperson of the board of trustees stating that the investment practices of the fund have been in compliance with the provisions of subsections (b) and (c) of Code Section 47-1-12 at all times during the reporting period or, if the practices have at any time been out of compliance with such provisions, providing a description of the noncompliance, the reason for the noncompliance, and the corrective action taken. (g) The financial report shall also include statistics on the membership and beneficiaries of the local retirement system. There shall be attached to the financial report an exhibit showing all amendments to or changes in the local retirement system which have been made since the filing of the previous actuarial investigation under subsection (d) of this Code section. (h) The first financial report shall be filed on October 1, 1996, and subsequent reports shall be filed every two years thereafter on October 1. (i) The financial reports, the actuarial investigations, and all exhibits thereto and modifications thereof shall be a matter of public record open to inspection by the public. (j) The financial reports required by this Code section shall apply to retirement or pension programs established pursuant to an insurance contract, as described by subsection (d) of this Code section. SECTION 2. Said article is further amended by striking in its entirety Code Section 47-1-4, relating to a report by the state auditor on the condition of local retirement systems, and inserting in lieu thereof the following: 47-1-4. Based on the most recent actuarial investigations on file pursuant to subsection (d) of Code Section 47-1-3 and financial reports submitted under subsections (e) through (j) of Code Section 47-1-3, the state auditor, once every two years beginning on January 1, 1997, shall submit a report on the condition of local retirement systems to the Governor and each member of the General Assembly. The report shall deal specifically with any local retirement system which the state auditor has reason to believe is not in actuarially sound condition or has not been in compliance with the provisions of Code Section 47-1-12. A copy of the state auditor's report shall also be sent to the Attorney General and to the applicable governing authority of the political subdivision and the applicable board of trustees or other governing authority of the local retirement system which the state auditor finds is not in actuarially sound

Page 655

condition or has not been in compliance with the provisions of subsections (b) and (c) of Code Section 47-1-12. SECTION 3. Said article is further amended by striking in its entirety Code Section 47-1-12, relating to investment and reinvestment of local retirement systems, which reads as follows: 47-1-12. (a) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system established or maintained under Article IX, Section II of the Constitution of Georgia shall have full power to invest and reinvest 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 that, except as provided in subsection (b) of this Code section, 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; provided, further, that, except as provided in subsection (b) of this Code section, the board of trustees shall not invest more than 50 percent of retirement system assets in equities. (b) Nothing in subsection (a) of this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law., and inserting in lieu thereof the following: 47-1-12. (a) As used in this Code section, the term: (1) `Local retirement system' means any retirement system established or maintained under Article IX, Section II of the Constitution of Georgia including, without limitation, any pooling of assets pursuant to a contract between a county governing authority and any association of like political subdivisions. (2) `Defined contribution plan' means a plan which provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account; any income, expenses, gains, and losses; and any forfeiture of accounts of other participants which may be allocated to such participant's account, which plan is intended to be qualified under Section 401(a) of the Internal Revenue Code, 42 U.S.C. Section 401(a).

Page 656

(b) Notwithstanding Code Section 36-80-3, Code Section 36-83-4, or any other law, the board of trustees of any local retirement system shall have full power to invest and reinvest 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, except as otherwise provided in this Code section, 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. (c) For purposes of this subsection, retirement system assets shall be valued at the cost of such assets to the retirement system. Except as provided in subsection (f) of this Code section, the board of trustees of a local retirement system except a local retirement system which offers only a defined contribution plan shall not invest more than 50 percent of retirement system assets in equities, except that the board of trustees may invest no more than 55 percent of retirement system assets in equities if the retirement system meets the following criteria: (1) The retirement system assets are in excess of $50 million; (2) The retirement system provides a defined benefit plan; (3) The retirement system investments are managed by one or more independent professional investment managers recognized by the National Association of Securities Dealers and the United States Securities and Exchange Commission and which adhere to the code of ethical standards and conduct of the Association for Investment Management and Research; and (4) The retirement system investments are limited to those equities of investment grade quality or better, provided that leverage techniques, option techniques, futures, commodities, private placements, and direct participation plans may not be used in making equity investments. (d) Notwithstanding the provisions of Code Section 33-11-21, the board of trustees of any local retirement system shall not be restricted to investing in those equities which have paid a cash dividend in at least three of the last five years preceding the purchase of such equities. (e) Each local retirement system shall adopt written guidelines and procedures for the investment of retirement system assets. Such written guidelines shall meet all requirements of general law and shall be adopted by ordiance or resolution of the governing authority of the political subdivision, except that the guidelines and procedures for the investment of assets of a retirement system meeting the criteria described in paragraphs (1) through (4) of subsection (c) of this Code

Page 657

section shall be adopted by the governing body of the retirement system. Such guidelines shall, at a minimum, address the investment goals of the retirement system, the authorized investments of system assets, the frequency of evaluation of retirement plan investment returns, and the ratio between fixed income and equity investments of system assets. (f) Nothing in this Code section shall be construed to limit or restrict the authority of the board of trustees of any retirement system to invest or reinvest assets of such system in such manner and under such conditions as are authorized by law. (g) The state auditor shall monitor the investment activity of local retirement systems and shall submit a report to the Governor and the presiding officer of each chamber of the General Assembly describing the effect, if any, changes in investment policy have had on those systems. Such report shall be submitted not later than December 31, 2001. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. PROFESSIONS AND BUSINESSES AUCTIONEERS; RINGPERSON DEFINED; GEORGIA AUCTIONEERS COMMISSION; LICENSES; QUALIFICATIONS; TRUST ACCOUNTS; IDENTIFICATION CARDS; REVOCATION, SUSPENSION, CENSURE, OR DISCIPLINE; COMPLAINTS; POWERS OF INSPECTOR; EXEMPTIONS. Code Title 43, Chapter 6 Amended. No. 802 (House Bill No. 779). AN ACT To amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, so as to provide a definition; to change the provisions relating to the Georgia Auctioneers Commission and the membership thereof; to delete certain obsolete provisions; to change the provisions relating to qualifications for licenses; to require certain trust accounts and registration thereof; to require the carrying of Georgia auctioneers license identification cards and the display thereof; to change the provisions relating to grounds for revocation or suspension of licenses and censure or discipline of licensees; to change the provisions relating to complaints; to change the powers of the inspector for the commission; to provide for an exception to such chapter; to provide for other matters relating to auctioneers and the Georgia Auctioneers Commission; to repeal conflicting laws; and for other purposes.

Page 658

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to auctioneers, is amended by adding at the end of Code Section 43-6-1, relating to definitions, a new paragraph (10) to read as follows: (10) `Ringperson' means any person employed directly by an auctioneer or auction company responsible for a sale who assists the auctioneer in the conduct of an auction, provided that such person shall not be permitted to call or chant a bid or negotiate a listing contract. SECTION 2. Said chapter is further amended by striking Code Section 43-6-2, relating to creation of the Georgia Auctioneers Commission, and inserting in lieu thereof a new Code Section 43-6-2 to read as follows: 43-6-2. (a) The Georgia Auctioneers Commission is created under the Secretary of State and the joint-secretary. (b) The commission shall be composed of six members, each of whom shall be appointed by the Governor, with the approval of the Secretary of State, and confirmed by the Senate. Appointments shall be for a term of five years, to end on the anniversary date of original appointments, except appointments to fill a vacancy which shall be for the unexpired term only. (c) Five members of the commission shall be licensed auctioneers who shall have been residents of this state and actively engaged in the auctioneering business for at least five years. One member shall be a consumer advocate and a resident of this state and shall have no connection whatsoever with the practice or profession of auctioneering. SECTION 3. Said chapter is further amended by striking Code Section 43-6-3, relating to filling vacancies on the commission, selection of a chairperson, rules and regulations, and meetings, and inserting in lieu thereof a new Code Section 43-6-3 to read as follows: 43-6-3. (a) The commission shall organize by selecting from its members a chairman and may do all things necessary and convenient to carry this chapter into effect and, from time to time, may promulgate necessary rules and regulations to carry out this chapter. (b) The commission shall meet as necessary and shall remain in session as long as the chairman deems it necessary to give full consideration to the business before the commission.

Page 659

SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 43-6-11, relating to qualifications of applicants, and inserting in lieu thereof a new subsection (d) to read as follows: (d) Each applicant for licensure as an auctioneer shall have successfully graduated from an accredited high school or obtained a GED and have graduated from an auctioneers school approved by the commission prior to making an application for an auctioneer's license. SECTION 5. Said chapter is further amended by adding at the end of Code Section 43-6-11.1, relating to application by a company for a license, a new subsection (d) to read as follows: (d) An auction company must maintain at all times an active trust account and register such account with the Georgia Auctioneers Commission. SECTION 6. Said chapter is further amended by adding, following Code Section 43-6-12, a new Code Section 43-6-12.1 to read as follows: 43-6-12.1. In order for an applicant to obtain an auctioneer's license, such applicant must show proof of a residence. SECTION 6. Said chapter is further amended by adding, following Code Section 43-6-12, a new Code Section 43-6-12.1 to read as follows: 43-6-12.1. In order for an applicant to obtain an auctioneer's license, such applicant must show proof of a residence. SECTION 7. Said chapter is further amended by adding, following Code Section 43-6-14, a new Code Section 43-6-14.1 to read as follows: 43-6-14.1. All licensees must carry on their person, when participating in the auctioneering business in any capacity, their Georgia auctioneer's license identification card and must present such card upon demand by any official of the State of Georgia. SECTION 8. Said Chapter is further amended by striking Code Section 43-6-18, relating to grounds for revocation or suspension of licenses and censure of licensees, and inserting in lieu thereof a new Code Section 43-6-18 to read as follows: 43-6-18. The commission may, upon its own motion, and shall, upon the signed complaint in writing of any person, investigate the actions of any

Page 660

auctioneer or apprentice auctioneer and shall have power to censure such licensee or to revoke or suspend any license issued under this chapter whenever such license has been obtained by false or fraudulent representation or the licensee has been found guilty of any unfair trade practices, including, but not limited to, the following: (1) Making any substantial misrepresentation while describing any property, real or personal; using any false, deceptive, misleading, or untruthful advertising; or making any statements, either in person or through any form of advertising, which may create false or unjustified expectations of the services to be performed; (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents or advertising an auction to be an absolute auction, but conducting it as an auction with reserve or otherwise; (3) Failing to account for or remit, within 30 days unless otherwise provided by contract, any money belonging to others that comes into his or her possession, commingling funds of others with his or her own, or failing to keep such funds of others in an escrow or trustee account; provided, however, that the requirement of an escrow or trust account shall not apply to an apprentice auctioneer who conducts the business of auctioning where gross sales do not exceed $2,000.00 per auction; (4) Being convicted in a court of competent jurisdiction of this or any other state of a criminal offense involving moral turpitude or a felony; (5) Violation of any rule or regulation or code of ethics promulgated by the commission; (6) Any conduct of any auctioneer which demonstrates bad faith, dishonesty, incompetency, or untruthfulness; (7) Any conduct of an auctioneer which demonstrates improper, fraudulent, or dishonest dealings; (8) Having had any license to practice a business or profession revoked, suspended, annulled, or sanctioned, or otherwise having had any disciplinary action taken by any other licensing authority in this or any other state; or (9) Knowingly making any misleading, false, or deceptive statement on any application for a license under this chapter. SECTION 9. Said chapter is further amended by striking Code Section 43-6-18.1, relating to the inspector for the commission, and inserting in lieu thereof a new Code Section 43-6-18.1 to read as follows:

Page 661

43-6-18.1. The commission shall have a full-time inspector with full inspection rights and privileges for all auctions conducted in this state. This inspector shall have the right to inspect any activity or lack thereof which may be a violation of this chapter or any documents or records pertaining to auction activities and to report any and all such violations or any improper or unlicensed practice, including but not limited to trust account violations. SECTION 10. Said chapter is further amended by striking Code Section 43-6-24, relating to exceptions, and inserting in lieu thereof a new Code Section 43-6-24 to read as follows: 43-6-24. Except as otherwise provided in this chapter, this chapter shall not apply to any person acting as a receiver, trustee in bankruptcy, administrator, executor, or any such person acting under order of any court. This chapter shall not apply to any nonprofit organization conducting an auction where the funds are to be used in a way as to benefit persons with physical or mental disabilities or disorders or for research related to cures or prevention of such disabilities or disorders, nor shall this chapter apply to any auction conducted by a nonprofit organization where the funds are to be used for the preservation of wildlife or its habitats whether conducted by a licensed auctioneer or nonlicensed auctioneer so long as the nonprofit organization obtains a letter of exemption from the commission. This chapter shall not apply to any person acting as an auctioneer in the auction of livestock, forest products, or farm products in an auction facility which is licensed and bonded under the provisions of Article 3 of Chapter 6 of Title 4 or in an auction facility which is licensed under Code Section 10-4-101 or to any youth livestock auction, sponsored by a 4-H Club or the Future Farmers of America; provided, however, that such organization or agency must first obtain from the commission a letter of exemption. This chapter shall not apply to students of approved auctioneering schools during the term of their course of study. This chapter shall not apply to any person conducting a public sale of personal property pursuant to the provisions of Code Section 10-4-213. This chapter shall not apply to ringpersons as defined in Code Section 43-6-1. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996.

Page 662

STATE GOVERNMENT STATE SYMBOLS; SQUARE DANCING DESIGNATED OFFICIAL FOLK DANCE. Code Section 50-3-73 Enacted. No. 803 (House Bill No. 1519). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the official folk dance of the State of Georgia; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by inserting a new Code section to be designated Code Section 50-3-73 to read as follows: 50-3-73. Square dancing is designated as the official Georgia folk dance. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. COMMERCE AND TRADE CONVEYANCE OF RIGHTS IN WORKS OF FINE ART; DEFINITIONS; RIGHTS TO DUPLICATE CERTAIN FINE ART STORED ELECTRONICALLY; CUSTOMER'S RESPONSIBILITY TO PROVIDE SIGNED STATEMENT TO PRINTER; PRINTER'S IMMUNITY; APPLICABILITY. Code Section 10-1-510 Amended. No. 804 (House Bill No. 873). AN ACT To amend Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to the conveyance of rights in works of fine art, so as to add and clarify definitions; to provide for signed statements regarding the rights to duplication of fine art stored or transmitted as electronic data or in digital form; to provide for the customer's responsibility; to provide for immunity for printers in certain circumstances; to correct cross-references; to provide for prospective application; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 663

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 10-1-510 of the Official Code of Georgia Annotated, relating to the conveyance of rights in works of fine art, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) As used in this Code section, the term: (1) `Artist' means the creator of a work of fine art. (2) `Customer' means a person who contracts to have a printer duplicate a work of fine art. (3) `Duplicate' means to print, copy, or otherwise reproduce. (4) `Fine art' means a painting, sculpture, drawing, photograph, craft work, fiber art, or work of graphic art, except a work that a customer had specifically created as a work for hire pursuant to federal copyright laws. (5) `Fine print' includes, but is not limited to, an engraving, etching, woodcut, lithograph, monoprint, or serigraph but does not include industrial designs. (6) `Industrial design' means the aesthetic appearance of an article used in commerce. (6.1) `Person' means an individual, partnership, corporation, association, entity, or other group, however organized. (7) `Printer' means a person who contracts to duplicate a work of fine art for a customer. (8) `Work of fine art' means any work of visual or graphic art of any media, including, but not limited to, fine art, fine print, or film. SECTION 2. Said Code section is further amended by striking subsections (e), (f), (g), and (h) and inserting in lieu thereof the following: (e) Whenever a customer shall present to a printer for duplication information or images that include a work of fine art stored or duplicated as electronic data or in any digital form or that is transmitted to the printer as electronic data or in any digital form, it shall be the sole responsibility of the customer to provide a signed statement in compliance with the provisions of subsection (h) of this Code section to the printer that the customer has the legal right or license authorizing such duplication or that those rights have passed into the public domain pursuant to federal copyright laws.

Page 664

(f) Except as provided in subsection (e) of this Code section, no printer shall enter into any agreement with any customer to duplicate a work of fine art when that customer's aggregate paid and unpaid obligations to that printer for all such prior or current duplications of that work of fine art exceed $2,000.00 unless the printer obtains, at the time such aggregate obligation first exceeds $2,000.00, a signed statement from the customer that the customer has the legal right or license authorizing such duplication or that those rights have passed into the public domain pursuant to federal copyright laws. (g) Any printer who duplicates a work of fine art in reliance upon a statement obtained pursuant to subsection (e) or (f) of this Code section will incur no liability for damages under subsection (j) of this Code section. (h) The statement required by subsections (e) and (f) of this Code section: (1) Does not have to be sworn; (2) May be included on the invoice, purchase order, proposed form, or other document; (3) May be signed one time and kept on file for all duplications for the same customer; (4) May be signed by any employee or agent of the customer on the customer's behalf; and (5) Shall be in substantially the following form: `STATEMENT The undersigned customer has obtained in writing the legal right or license which authorizes the duplication of the work of fine art which has been requested by the undersigned or those rights have passed into the public domain pursuant to federal copyright law. A printer to whom this statement is presented may rely upon it in performing the requested duplication of the work of fine art. __________ (Customer's signature) __________ (Date)' (i) Except for subsection (e) of this Code section, this Code section applies to sales, transfers, and conveyances made on or after July 1, 1990, and applies to agreements to duplicate a work of fine art made on or after July 1, 1991. Subsection (e) of this Code section applies to

Page 665

agreements made on or after July 1, 1996, to duplicate fine art stored, transmitted, or duplicated as electronic data or in a digital form. (j) Any person who violates subsection (e) or (f) of this Code section or who signs the statement provided for therein knowing it to be false shall be civilly liable therefor and the person damaged thereby may recover trebled actual damages, court costs, and attorney's fees. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. HANDICAPPED PERSONS DOGS USED FOR GUIDANCE, LEADING, HEARING, OR SERVICE; CERTAIN INJURY TO OR INTERFERENCE WITH PROHIBITED; PENALTIES; USE OF SERVICE CAPUCHIN MONKEY IN LIEU OF DOG. Code Section 30-1-6 Enacted. Code Section 30-4-2 Amended. No. 805 (House Bill No. 1268). AN ACT To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relating to physically disabled persons, so as to provide criminal and civil penalties for action related to guide, leader, or service dogs for persons who are blind, deaf, audibly impaired, or physically limited; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relating to physically disabled persons, is amended by adding at the end thereof a new Code Section 30-1-6 to read as follows: 30-1-6. (a) It shall be unlawful for any person to: (1) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harrass or injure a dog that he or she knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual; and (2) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a dog that he or she

Page 666

knows or has reason to believe is a guide or leader dog for a blind individual, a hearing dog for a deaf or audibly impaired individual, or a service dog for a physically limited individual. (b) As used in subsection (a) of this Code section, the term 'harass' means to engage in any conduct directed toward a guide, leader, hearing, or service dog that is likely to impede or interfere with the dog's performance of its duties or that places the blind, deaf, or physically limited person being served or assisted by the dog in danger of injury. (c) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. (d) In a prosecution for a violation of subsection (a) of this Code section, evidence that the defendant initiated or continued conduct directed toward a dog described in subsection (a) of this Code section after being requested to avoid or discontinue that conduct or similar conduct by a blind, deaf, audibly impaired, or physically limited individual being served or assisted by the dog shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously. (e) A conviction and imposition of a sentence under this Code section shall not prevent a conviction and imposition of a sentence under any other applicable provision of law. SECTION 2. 30-4-2 (b)(2) Any person granted rights in b(1) shall have the option of using a service capuchin monkey in lieu of a service dog provided that such service capuchin monkey be identified as having been trained by a school for service capuchin monkeys. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. NUISANCES PLACES USED FOR UNLAWFUL PURPOSES; REAL PROPERTY UPON WHICH SUBSTANTIAL DRUG RELATED ACTIVITY OCCURS; DEFINITIONS; OWNER'S ACTUAL KNOWLEDGE; INJUNCTIVE RELIEF. Code Section 41-3-1.1 Enacted. Code Section 41-3-2 Amended. No. 807 (House Bill No. 1287). AN ACT To amend Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, so as to provide that

Page 667

real property upon which substantial drug related activity occurs may be declared a nuisance; to define certain terms; to provide for knowledge of such activity; to provide for an action to enjoin such nuisance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 41 of the Official Code of Georgia Annotated, relating to places used for unlawful sexual purposes, is amended by inserting immediately following Code Section 41-3-1 the following: 41-3-1.1. (a) As used in this Code section, the term: (1) `Drug related indictment' means an indictment by a grand jury for an offense involving violation of Code Section 16-13-30; provided, however, that any such indictments which result directly from cooperation between the property owner and a law enforcement agency shall not be considered a drug related indictment for purposes of this Code section. (2) `Substantial drug related activity' means activity resulting in six or more separate incidents resulting in drug related indictments involving violations occurring within a 12 month period on the same parcel of real property. (b) Any owner of real property who has actual knowledge that substantial drug related activity is being conducted on such property shall be guilty of maintaining a nuisance, and such real property shall be deemed a nuisance and may be enjoined or otherwise abated as provided in this chapter. (c) The owner of real property shall be deemed to have actual knowledge of substantial drug related activity occurring on a parcel of real property if the district attorney of the county in which the property is located notifies the owner in writing of three or more separate incidents within a 12 month period which result in drug related indictments and, after the receipt of such notice and within 12 months of the first of the incidents resulting in a drug related indictment which are the subject of such notice, three or more separate incidents occur which result in drug related indictments. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 41-3-2, relating to actions to enjoin nuisances, and inserting in lieu thereof the following:

Page 668

41-3-2. Whenever a nuisance is kept, maintained, or exists, as defined in Code Section 41-3-1 or 41-3-1.1, the district attorney or any private citizen of the county may maintain an action in the name of the state upon the relation of such district attorney or private citizen to enjoin said nuisance perpetually, the person or persons conducting or maintaining the same, and the owner or agent of the building, structure, or place, and the ground itself in or upon which such nuisance exists. In an action to enjoin a nuisance, the court, upon application therefor allegiang that the nuisance complained of exists, shall order a temporary restraining order or an interlocutory injunction as provided in Code Section 9-11-65. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. HEALTH EMERGENCY SERVICES LAW ENACTED; EMERGENCY MEDICAL EVALUATIONS; INITIATION OF SERVICES WITHOUT PROSPECTIVE AUTHORIZATION BY INSURER. Code Sections 31-11-81 and 31-11-82 Enacted. No. 808 (House Bill No. 1575). AN ACT To amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to provide for a short title and definitions; to provide for emergency evaluations and the initiation of appropriate emergency services; to prohibit certain prospective authorizations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, is amended by adding at the end thereof a new article to read as follows: ARTICLE 4 31-11-80. This article shall be known and cited as the `Emergency Services Law.' 31-11-81. As used in this article, the term: (1) `Emergency condition' means any medical condition of a recent

Page 669

onset and severity, including but not limited to severe pain that would lead a prudent layperson, possessing an average knowledge of medicine and health, to believe that his or her condition, sickness, or injury is of such a nature that failure to obtain immediate medical care could result in: (A) Placing the patient's health in serious jeopardy; (B) Serious impairment to bodily functions; or (C) Serious dysfunction of any bodily organ or part. (2) `Emergency medical provider' means any hospital licensed or permitted by the Georgia Department of Human Resources, hospital based service, or physician licensed by the Composite State Board of Medical Examiners who provides emergency services. (3) `Emergency services' means health care services provided in a hospital emergency facility to evaluate and treat any emergency condition. (4) `Prospective authorization' means contacting for approval or authorization to evaluate and treat a patient any insurer, health maintenance organization, hospital medical service corporation, or health benefit plan, a representative of which is not physically present in the hospital's emergency department at the time such patient presents for emergency services. 31-11-82. (a) Once a person with an emergency condition presents himself or herself to an emergency medical provider for emergency services, that person shall be evaluated by medical personnel. This evaluation may include diagnostic testing to assess the extent of the condition, sickness, or injury if such testing is appropriate to stabilize the patient's condition. (b) If in the opinion of the attending physician, the evaluation provided under subsection (a) of this Code section warrants, he or she may initiate appropriate intervention to stabilize the condition of the patient without seeking or receiving prospective authorization by an insurer, a health maintenance organization, or a private health benefit plan. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996.

Page 670

LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY LAW AMENDED; BENEFIT EXPERIENCE AND VARIATION FROM STANDARD RATE; STATE-WIDE RESERVE RATIO; DETERMINATION OF WEEKLY BENEFIT AMOUNT. Code Sections 34-8-155, 34-8-156, and 34-8-193 Amended. No. 809 (House Bill No. 1375). 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 the provisions relating to the benefit experience and variation from the standard rate; to change the provisions relating to the State-wide Reserve Ratio; to change the provisions relating to determination of the weekly benefit amount of an individual's claim; 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 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking subsection (b) of Code Section 34-8-155, relating to benefit experience and variations from the standard rate, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Any employer who has failed to file all required tax and wage reports, including all such reports of all predecessor employers, by the end of the month following any computation date shall be notified by the department of such failure. If the required tax and wage reports remain unfiled 30 days following notice, the employer will not be eligible for a rate computation but shall be assigned the maximum rate allowable after application of the State-wide Reserve Ratio, if computed for such year, as provided in Code Section 34-8-156. Employers having positive reserve accounts will be assigned the maximum rate allowable for positive reserve accounts. Employers having deficit reserve accounts will be assigned the maximum rate allowable for deficit reserve accounts. Such rates shall remain effective until the end of the calendar year for which the rates have been assigned. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 34-8-156, relating to the State-wide Reserve Ratio, and inserting in its place the following:

Page 671

34-8-156. (a) A State-wide Reserve Ratio shall be computed as of June 30 of each year by dividing the balance in the trust fund, including accrued interest, by the total covered wages paid in the state during the previous calendar year. Any amount credited to the state's account under Section 903 of the Social Security Act, as amended, which has been appropriated for the expenses of administration, whether or not withdrawn from the trust fund, shall be excluded from the trust fund balance in computing the State-wide Reserve Ratio. (b) For the period on or after January 1, 1990, but prior to January 1, 1995: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 60 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 60 percent (c) For the period on or after January 1, 1995, but prior to January 1, 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.3 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.3 percent 3.7 percent 40 percent 3.7 percent and over 50 percent

Page 672

(2) When the State-wide Reserve Ratio, as calculated above, is less than 3.0 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 2.6 percent 3.0 percent 40 percent Under 2.6 percent 50 percent (d) For the period on or after January 1, 1997: (1) When the State-wide Reserve Ratio, as computed above, is 3.0 percent or more for any calendar year, each employer who does not have a deficit reserve balance shall have its contribution rate at the time of computation credited by applying an overall reduction of the rate in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Reduction 3.0 percent 3.6 percent 25 percent 3.6 percent and over 50 percent (2) When the State-wide Reserve Ratio, as calculated above, is less than 2.6 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.8 percent 2.6 percent 25 percent Under 1.8 percent 50 percent (e) The computed rates after application of percentage reductions or increases will be rounded to the nearest one-hundredth of 1 percent. The Commissioner will give notice to each employer on any rate change by reason of the above provisions. SECTION 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 34-8-193, relating to determination of weekly benefit amount, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:

Page 673

(1) For claims filed on or after July 1, 1983, but before July 1, 1985, the maximum weekly benefit amount shall not exceed $125.00; (2) For claims filed on or after July 1, 1985, but before July 1, 1986, the maximum weekly benefit amount shall not exceed $135.00; (3) For claims filed on or after July 1, 1986, but before July 1, 1987, the maximum weekly benefit amount shall not exceed $145.00; (4) For claims filed on or after July 1, 1987, but before July 1, 1988, the maximum weekly benefit amount shall not exceed $155.00; (5) For claims filed on or after July 1, 1988, but before July 1, 1989, the maximum weekly benefit amount shall not exceed $165.00; (6) For claims filed on or after July 1, 1989, but before July 1, 1990, the maximum weekly benefit amount shall not exceed $175.00; (7) For claims filed on or after July 1, 1990, but before July 1, 1994, the maximum weekly benefit amount shall not exceed $185.00; (8) For claims filed on or after July 1, 1994, but before July 1, 1995, the maximum weekly benefit amount shall not exceed $195.00; (9) For claims filed on or after July 1, 1995, but before July 1, 1996, the maximum weekly benefit amount shall not exceed $205.00; and (10) For claims filed on or after July 1, 1996, the maximum weekly benefit amount shall not exceed $215.00. 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 8, 1996. COMMERCE AND TRADE TRADEMARK FORGERY AND COUNTERFEITING AND RELATED OFFENSES; REMEDIES; PENALTIES. Code Section 10-1-454 Enacted. No. 810 (Senate Bill No. 498). AN ACT To amend Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks,

Page 674

service marks, or copyrighted or registered designs, so as to prohibit the creation and use of forged or counterfeit trademarks, service marks, or copyrighted or registered designs and the manufacture, possession, sale, offering for sale, transportation, or use of certain goods or property containing or relating to forged or counterfeit trademarks, service marks, or copyrighted or registered designs; to provide for a definition; to prohibit the forging or counterfeiting of trademarks, service marks, or copyrighted or registered designs and the use of forged or counterfeited trademarks, service marks, or copyrighted or registered designs; to provide that certain conduct shall constitute the offense of trademark, service mark, or copyrighted or registered design counterfeiting; to provide that certain conduct shall constitute the offense of selling or offering for sale counterfeit goods or services; to provide for penalties; to provide a statement of legislative findings and purpose; to provide for the forfeiture of certain goods and property; to provide for the destruction, sale, or other disposition of goods and other property; to provide for procedures; to provide for exceptions; to provide for restraining orders and other remedies; to provide for bonds; to provide for the property which is subject to forfeiture; to provide for other matters relating to trademarks, service marks, or copyrighted or registered designs and the creation, registration, enforcement, and protection thereof; 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. Part 1 of Article 16 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to registration and use of trademarks, service marks, or copyrighted or registered designs, is amended by adding at the end of said part a new Code Section 10-1-454 to read as follows: 10-1-454. (a) As used in this Code section, the term `forged or counterfeited trademark, service mark, or copyrighted or registered design' means any mark or design which is identical to, substantially indistinguishable from, or an imitation of a trademark, service mark, or copyrighted or registered design which is registered for those types of goods or services with the Secretary of State pursuant to this part or registered on the Principal Register of the United States Patent and Trademark Office or registered under the laws of any other state or protected by the federal Amateur Sports Act of 1978, 36 U.S.C. Section 380, whether or not the offender knew such mark or design was so registered or protected, if the use of such trademark, service mark, or copyrighted or registered design has not been authorized by the owner thereof. The unregistered symbols, emblems, trademarks, insignias, and words covered by the federal Amateur Sports Act of 1978, 36 U.S.C. Section 380, shall be afforded protection under the trademark law in the same manner as

Page 675

registered trademarks, service marks, and copyrighted or registered designs. (b) Any person who knowingly and willfully forges or counterfeits any trademark, service mark, or copyrighted or registered design, without the consent of the owner of such trademark, service mark, or copyrighted or registered design, or who knowingly possesses any tool, machine, device, or other reproduction instrument or material with the intent to reproduce any forged or counterfeited trademark, service mark, or copyrighted or registered design shall be guilty of the offense of trademark, service mark, or copyrighted or registered design counterfeiting and, upon conviction, shall be punished as follows: (1) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of $100,000.00 or more, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than five nor more than 20 years and by a fine not to exceed $200,000.00 or twice the retail sale value of the goods or services, whichever is greater; (2) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of $10,000.00 or more but less than $100,000.00, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than two nor more than ten years and by a fine not to exceed $20,000.00 or twice the retail sale value of the goods or services, whichever is greater; (3) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, or to which the offender intended they be attached or affixed, or in connection with which the offender intended they be used, have, in the aggregate, a retail sale value of less than $10,000.00, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (4) If a person who violates this subsection previously has been convicted of another violation of this subsection, such person shall be guilty of a felony and, upon conviction of the second or subsequent such violation, shall be punished by imprisonment for not less than ten nor more than 20 years and by a fine not to exceed $200,000.00 or twice the retail sale value of the goods or services, whichever is greater.

Page 676

(c) Any person who sells or resells or offers for sale or resale or who purchases and keeps or has in his or her possession with the intent to sell or resell any goods he or she knows or should have known bear a forged or counterfeit trademark or copyrighted or registered design or who sells or offers for sale any service which is sold or offered for sale in conjunction with a forged or counterfeit service mark or copyrighted or registered design, knowing the same to be forged or counterfeited, shall be guilty of the offense of selling or offering for sale counterfeit goods or services and, upon conviction, shall be punished as follows: (1) If the goods or services sold or offered for sale to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, have, in the aggregate, a retail sale value of $10,000.00 or more, such person shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than five years and by a fine not to exceed $50,000.00 or twice the retail sale value of the goods or services, whichever is greater; (2) If the goods or services to which the forged or counterfeit trademarks, service marks, or copyrighted or registered designs are attached or affixed, or in connection with which they are used, have, in the aggregate, a retail sale value of less than $10,000.00, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (3) If a person who violates this subsection previously has been convicted of another violation of paragraph (1) of this subsection, such person shall be guilty of a felony and, upon conviction of the second or subsequent such violation, shall be punished by imprisonment for not less than five nor more than ten years and by a fine not to exceed $100,000.00 or twice the retail sale value of the goods or services, whichever is greater. (d)(1) The State of Georgia finds and declares that the citizens of this state have a right to receive those goods and services which they reasonably believe they are purchasing or for which they contract. The state further finds that the manufacture and sale of counterfeit goods or goods which are not what they purport to be and the offering of services through the use of counterfeit service marks constitutes a fraud on the public and results in economic disruption to the legitimate businesses of this state. In order to protect the citizens and businesses of this state it is necessary to take appropriate actions to remove counterfeit goods from the channels of commerce and prevent the manufacture, sale, and distribution of such goods or the offering of such services through the use of counterfeit service marks. (2) For the purposes expressed in paragraph (1) of this subsection, a person who is convicted of or pleads nolo contendere to a felony offense under this Code section shall forfeit to the State of Georgia such interest as the person may have in:

Page 677

(A) Any goods, labels, products, or other property containing or constituting forged or counterfeit trademarks, service marks, or copyrighted or registered designs or constituting or directly derived from gross profits or other proceeds obtained from such offense; (B) Any property or any interest in any property, including but not limited to any reproduction equipment, scanners, computer equipment, printing equipment, plates, dies, sewing or embroidery equipment, motor vehicle, or other asset, used to commit a violation of this Code section; and (C) Any property constituting or directly derived from gross profits or other proceeds obtained from a violation of this Code section. (3) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (4) The court shall order forfeiture of property referred to in paragraph (2) of this subsection if the trier of fact determines beyond a reasonable doubt that such property is subject to forfeiture. (5) The provisions of subsection (u) of Code Section 16-13-49 shall apply for the disposition of any property forfeited under this subsection, provided that any property containing a counterfeit trademark, service mark, or copyrighted or registered design shall be destroyed unless the owner of the trademark, service mark, or copyrighted or registered design gives prior written consent to the sale of such property or such trade mark, service mark, or copyrighted or registered design is obliterated or removed from such property prior to the disposition thereof. Any forfeited goods which are hazardous to the health, welfare, or safety of the public shall be destroyed. In any disposition of property under this subsection, a person who has been convicted of or who has entered a plea of nolo contendere to a violation of this Code section shall not be permitted to acquire property forfeited by such person. (6) The procedure for forfeiture and disposition of forfeited property under this subsection shall be as provided for forfeitures under Code Section 16-13-49. (e) An owner, officer, employee, or agent who provides, rents, leases, licenses, or sells real property upon which a violation of this Code section occurs shall not be subject to a criminal penalty pursuant to this Code section unless he or she sells or possesses for sale articles such person knows bear a counterfeit trademark or copyrighted or registered design or offers services through the use of a counterfeit service mark or copyrighted or registered design in violation of this Code section. This

Page 678

subsection shall not be construed to abrogate or limit any civil rights or remedies for a trademark or service mark violation. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. CRIMINAL PROCEDURE TRIAL UPON ACCUSATION IN CERTAIN CONTROLLED SUBSTANCES VIOLATION CASES. Code Section 17-7-70.1 Amended. No. 812 (Senate Bill No. 494). AN ACT To amend Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide that violations of Code Section 16-13-30 may be tried upon accusations in certain circumstances; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, is amended by inserting in Code Section 17-7-70.1, relating to trial upon accusations in certain felony cases, a new subsection to be designated subsection (a.1) to read as follows: (a.1) The provisions of subsection (a) of this Code section shall apply to violations of Code Section 16-13-30 whenever there has been a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or the accused has waived either expressly or by operation of law the right to this hearing. SECTION 2. This Act shall become effective on July 1, 1996, and shall apply to violations occurring on or after July 1, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996.

Page 679

CRIMES AND OFFENSES CRIMINAL CONSPIRACY; CONVICTION EVEN IF OBJECTIVE OF CONSPIRACY COMPLETED; NO CONVICTION FOR BOTH CONSPIRACY AND OBJECTIVE CRIME. Code Section 16-4-8.1 Enacted. No. 813 (House Bill No. 1560). AN ACT To amend Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, so as to provide that a person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 16 of the Official Code of Georgia Annotated, relating to criminal attempt, conspiracy, and solicitation, is amended by adding, following Code Section 16-4-8, a new Code Section 16-4-8.1 to read as follows: 16-4-8.1. A person may be convicted of the offense of conspiracy to commit a crime, as defined in Code Section 16-4-8, even if the crime which was the objective of the conspiracy was actually committed or completed in pursuance of the conspiracy, but such person may not be convicted of both conspiracy to commit a crime and the completed crime. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. BUILDINGS AND HOUSING PESTICIDE APPLICATION AND USE IN PUBLIC BUILDINGS; NOTICES REQUIRED; MATERIAL SAFETY DATA SHEET DISCLOSURES; RECORD-KEEPING REQUIREMENTS; PENALTIES. Code Section 8-7-1 Enacted. No. 814 (House Bill No. 1317). AN ACT To amend Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, so as to provide definitions; to require the posting

Page 680

of notices concerning the application or use of certain pesticides in certain public buildings; to provide for requirements concerning such notices; to provide for time limits; to provide for the inspection and copying of certain information and documents; to provide for the furnishing of notices and material safety data sheets; to provide for the retention of certain documents; to provide for penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 8 of the Official Code of Georgia Annotated, relating to buildings and housing, is amended by adding at the end thereof a new Chapter 7 to read as follows: CHAPTER 7 8-7-1. (a) As used in this Code section, the term: (1) `Agency' means the State of Georgia and any branch, department, agency, division, board, bureau, entity, official, employee, or agent of the state and any county, municipality, school district, consolidated government, or authority created by or pursuant to the Constitution of the State of Georgia or any general or local law of this state and any official, employee, or agent of any such entity. (2) `Building operator' means the owner, the owner's agent, or the building manager of any public building or, in the case of a public building which is leased to a tenant who is responsible for the operation of the building, the tenant or the tenant's building manager. (3) `Fumigant' means any substance which by itself or in combination with any other substance emits or liberates a gas or gases, fumes, or vapors, which gas or gases, fumes, or vapors when liberated and used will destroy vermin, rodents, insects, and other pests, but are usually lethal, poisonous, noxious, or dangerous to human life. (4) `Insecticides' means substances, not fumigants, under whatever name known, used for the destruction or control of insects and similar pests. (5) `Pesticide' means attractants, fumigants, fungicides, insecticides, rodenticides, and repellants. (6) `Public building' means a building owned or leased by an agency, which is open to the public, including but not limited to the following: (A) Any building which provides facilities or shelter for public use or assembly or which is used for educational, office, or institutional purposes; and

Page 681

(B) Any library, museum, school, hospital, auditorium, dormitory, or university building. (7) `Repellants' means substances, not fumigants, under whatever name known, which may be toxic to insects and related pests, but generally employed because of their capacity for preventing the entrance or attack of pests. (8) `Rodenticides' means substances, not fumigants, under whatever name known, whether poisonous or otherwise, used for the destruction or control of rodents. (b) The building operator of any public building who personally applies or uses or who contracts for or orders the application within the interior of any public building of any pesticide requiring the direct supervision of a certified operator as defined in Code Section 43-45-2 or any pesticide which is sold solely for commercial applicator use and is restricted to uses other than household use shall post a conspicuous notice in such public building to notify anyone entering such building that a pesticide is being applied. If such pesticide or pesticides are applied on a regular basis or according to a schedule, such notice may be permanently displayed and shall include the days or dates on which such pesticide or pesticides are usually applied. If the pesticide or pesticides are not applied on a regular basis or according to a schedule or if the pesticides are applied on a day or date other than the day or date contained on a permanently displayed notice, such notice shall be posted before the application of any pesticide and shall remain posted for 24 hours following the application. Such notice shall include a notice of the location and hours during which any person may obtain information concerning the pesticides applied or to be applied and inspect and copy the material safety data sheet. Any such notice shall also include one or more telephone numbers for the building operator at which emergency information concerning the pesticides applied may be obtained at any time during the day or night and on any day of the year. It shall be the duty of the building operator to make available, upon request and within a reasonable period of time of said request, the name of any pesticide used and a copy of the appropriate material safety data sheet. If the pesticide is to be applied by a commercial applicator, a certified operator as defined in Code Section 43-45-2, or a pesticide contractor, it shall be the duty of such applicator or contractor to provide material safety data sheets to the building operator at the time the contract for service is entered or renewed. If any additional pesticides are used after the contract for service is entered, the additional material safety data sheets shall be provided to the building operator. A building operator shall retain for five years all material safety data sheets and other documents furnished pursuant to the preceding sentence. A building operator shall retain statements of information for two years as required by the rules and regulations required by Chapter 45 of Title 43, known as the `Structural Pest Control Act.'

Page 682

(c) Any person violating this Code section shall be guilty of a misdemeanor, provided that the penalty for a first offense shall be a fine not to exceed $100.00. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. REVENUE AND TAXATION TAX AMNESTY PROGRAM; USE OF CERTAIN FEES TO DEFRAY COST OF COLLECTION OF DELINQUENT TAXES. Code Section 48-16-10 Amended. No. 815 (House Bill No. 1443). AN ACT To amend Chapter 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, so as to provide for the retention of the cost of collection fees by the Department of Revenue to be used to defray the cost of collection of delinquent taxes; 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 16 of Title 48 of the Official Code of Georgia Annotated, relating to the tax amnesty program, is amended by striking Code Section 48-16-10, relating to imposition of cost of collection fees after amnesty period expires, in its entirety and inserting in its place a new Code Section 48-16-10 to read as follows: 48-16-10. (a) In addition to all other penalties provided under this chapter or any other law, the commissioner may by regulation impose after the expiration of the tax amnesty period a cost of collection fee of 20 percent of any deficiency assessed for any taxable period ending or transactions occurring after December 31, 1990. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. Notwithstanding any other provision of law, the department is authorized to retain all funds received as collection fees imposed by the commissioner for use in defraying the cost of collection of deficient taxes. Any such

Page 683

funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (b) In addition to all other penalties provided under this chapter or any other law, the commissioner may pursuant to regulation impose after the expiration of the tax amnesty period a cost of collection fee of 50 percent of any deficiency assessed after the amnesty period for taxable periods ending or transactions occurring on or before December 31, 1990, regardless of when due. This fee shall be in addition to all other applicable penalties, fees, or costs. The commissioner shall have the right to waive any collection fee when it is demonstrated that any deficiency of the taxpayer was not due to negligence, intentional disregard of administrative rules and regulations, or fraud. Notwithstanding any other provision of law, the department is authorized to retain all funds received as collection fees imposed by the commissioner for use in defraying the cost of collection of deficient taxes. Any such funds not expended for this purpose in the fiscal year in which they are generated shall be deposited in the state treasury; provided, however, that nothing in this Code section shall be construed so as to allow the department to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the department shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the `Budget Act,' except Code Section 45-12-92, prior to expending any such funds. (c) The provisions of subsections (a) and (b) of this Code section shall not apply to any account which has been protested pursuant to Code Section 48-2-46 as of the expiration of the amnesty period and which does not become final, due, and owing, or to any account on which the taxpayer is remitting timely payments under a payment agreement negotiated with the commissioner prior to or during the amnesty period. (d) The fee levied under subsections (a) and (b) of this Code section shall not apply to taxes paid pursuant to the terms of the amnesty 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 8, 1996.

Page 684

PUBLIC OFFICERS AND EMPLOYEES PERSONNEL ADMINISTRATION; VETERANS; UNCLASSIFIED SERVICE DEFINED TO INCLUDE ALL POSITIONS FILLED BY NEW HIRES; CLASSIFIED SERVICE EMPLOYEES TO REMAIN IN CLASSIFIED SERVICE ON CERTAIN CONDITIONS. Code Sections 45-20-1, 45-20-2, and 45-20-6 Amended. No. 816 (Senate Bill No. 635). AN ACT To amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, so as to provide a statement of legislative intent and define generally the roles of the state merit system and state department and agencies with respect to positions filled after July 1, 1996; to provide a statement of legislative intent with respect to the employment of veterans; to provide that all employees included in the classified service of the state merit system prior to July 1, 1996, shall remain in the classified service; to provide that all positions filled on or after July 1, 1996, by new hires be included in the unclassified service; 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 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration, is amended by striking Code Section 45-20-1, relating to the merit system generally, in its entirety and inserting in its place a new Code Section 45-20-1 to read as follows: 45-20-1. (a) It is the purpose of this article to establish in the state a system of personnel administration which will attract, select, and retain the best employees based on merit, free from coercive political influences, with incentives in the form of equal opportunities for all; which will provide technically competent and loyal personnel to render impartial service to the public at all times and to render such service according to the dictates of ethics and morality; and which will eliminate unnecessary and inefficient employees. It is specifically the intent of the General Assembly to promote this purpose by allowing agencies greater flexibility in personnel management so as to promote the overall effectiveness and efficiency of state government. To this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all positions filled after July 1, 1996, shall be included in the unclassified service of the state merit system. It is also specifically the intent of the General Assembly that employees in the classified service prior to July 1, 1996, shall continue to be covered

Page 685

employees in the classified service and shall remain subject to the rules and regulations of the state merit system so long as they remain in covered positions or as otherwise provided by law. (b) In order to achieve these purposes, it is the policy of the state that agencies treat all employees, whether included in the classified or unclassified service, in accordance with the following principles: (1) Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to race, color, national origin, sex, age, disability, religious creed, or political affiliations. This `fair treatment' principle includes compliance with all state and federal equal employment opportunity and nondiscrimination laws; (2) Recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial employment; (3) Providing equitable and adequate compensation based on merit and performance; (4) Training employees, as needed, to assure high quality performance; (5) Retaining employees on the basis of the adequacy of their performance, correcting inadequate performance where possible and appropriate, and separating employees whose performance is inadequate; and (6) Assuring that employees are protected against coercion for partisan political purposes and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or nomination for office. (c) With respect to employees in the unclassified service, it shall be the responsibility of the state merit system to perform the following functions: (1) Establish and maintain a statewide system of pay ranges for all job classes; (2) Define common job classes, establish associated minimum qualifications for those classes and assign those classes to appropriate pay ranges; (3) Develop and maintain a common employment application form to be used by all applicants for state employment, which form may be supplemented as necessary by agencies in seeking information about agency unique job classes; (4) Serve as the central contact point for all potential employees to receive application forms, provide information to applicants, refer

Page 686

applicants to agencies and make applications available to agencies for review and consideration; (5) Upon request, develop, validate, or develop and validate applicant screening devices being utilized by agencies; (6) Upon request, administer screening devices on behalf of agencies; (7) Make employment related training available to agencies and allow agencies the opportunity to provide input into the nature and scope of said training programs; (8) Develop model standards and processes which agencies may use in developing internal processes for (i) defining agency unique job classes, establishing associated minimum qualifications, and assigning these classes to appropriate state-wide pay ranges; and (ii) developing and applying applicant screening devices for all job classes; (9) Audit agencies' processes and report findings as appropriate; (10) Provide technical support and assistance to agencies as requested; and (11) Maintain and make available to the public at large a state-wide central registry of employment vacancies and job announcements in state government as provided to the state merit system by agencies seeking assistance in filling job vacancies. (d) With respect to employees in the unclassified service, it shall be the responsibility of the employing agency to perform the following functions: (1) Define agency unique job classes, establish associated qualifications for those job classes, and assign those job classes to pay ranges on an appropriate state-wide compensation plan; (2) Allocate all agency positions to defined job classes; (3) Recruit and screen applicants for job vacancies; (4) Develop and administer appropriate job applicant screening devices to ensure the integrity of the hiring process; and (5) Develop policies to ensure compliance with all applicable employment related state and federal laws. (e) Subsections (c) and (d) of this Code section shall not apply to any agency which employs no classified employees as of July 1, 1996. (f) In the event agencies do not use a competitive civil service examination to fill some or all of their unclassified positions, it is expressly the intent of the General Assembly that appropriate consideration be given to veterans as defined under Article IV, Section III, Paragraph II of the

Page 687

Constitution of Georgia and Article 2 of Chapter 2 of this title in the filling of job vacancies in this state. (g) The rules of statutory construction contained in Chapter 3 of Title 1, relating to general provisions concerning the construction of statutes, as now or hereafter amended, shall apply to this article. SECTION 2. Said article is further amended by striking paragraph (15) of Code Section 45-20-2, relating to definitions used in connection with the law pertaining to the merit system, and inserting in its place a new paragraph (15) to read as follows: (15) `Unclassified service' includes the following officers and employees who are excluded from the classified service by this article: (A) Members of the General Assembly; (B) Persons elected or appointed by the General Assembly, employees of the General Assembly, officials and employees of the Department of Audits and Accounts, and the legislative counsel, except as otherwise provided; (C) Officers, officials, and employees comprising the office of the Governor, except those officers, officials, and employees already covered by the state merit system by law or executive order; and all employees of the Office of Planning and Budget in the position classification policy coordinator, notwithstanding their previous inclusion in the classified service; (D) Officers, officials, and employees comprising the office of the Lieutenant Governor, except as otherwise provided; (E) Officers and officials elected by popular vote and persons appointed to fill vacancies in elective offices; (F) Members of boards and commissions appointed by the Governor or the General Assembly; (G) The heads of departments or agencies appointed by boards or commissions which have been appointed by the Governor or the General Assembly, except where specifically included; (H) Justices, judges, officials, officers, and employees of the judicial branch; (I) Members, the chancellor, and vice-chancellors of the Board of Regents of the University System of Georgia and all officers, officials, and employees of the University System of Georgia, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order;

Page 688

(J) The officers, officials, and employees of the Department of Transportation, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order; (K) The officers, officials, and employees of the Department of Law, except those officers, officials, and employees already covered by the state merit system by law or executive order; (L) A deputy or a confidential secretary when one is required by the head of a department, provided that the commissioner shall prescribe the conditions under which more than one deputy may be excluded; (M) Not more than five positions designated by the head of each department, bureau, commission, or agency, including those assigned for administrative purposes only, provided that the agency does not presently contain five unclassified, full-time, permanent, managerial positions; and provided, further, that the rights of classified employees shall not be abridged; (N) Members of the military forces of the state while engaged in military service; (O) Members of unemployment compensation boards of review and appeals tribunals representing employer, employee, and the general public interest; (P) State and local officials serving ex officio or emeritus and performing incidental duties; (Q) Members of other advisory councils, committees, or similar bodies within the state merit system; (R) Part-time or temporary employees rendering medical, nursing, or other professional, scientific, or technical services who are not engaged in the performance of administrative duties under the merit system, provided that such employees meet the minimum requirements of education and experience established by the appointing authority and such employment is approved by the commissioner; (S) Prisoner, inmate, student, or patient help working in or about institutions; (T) Per diem employees engaged in skilled or unskilled work on a seasonal or intermittent basis, provided that the commissioner has authorized such employment; (U) Commission and contract salesmen and hourly or per diem skilled and unskilled laborers working at the Georgia Industries for the Blind;

Page 689

(V) Positions specifically excluded from classified service by law or those of a purely policy-making or confidential nature as recommended by the department head and approved by the Governor after consultation with the commissioner; (W) Time-limited positions established for the purpose of conducting a specific study, investigation, or project subject to the approval of the commissioner; (X) Additional positions of unique functions as may be authorized by the commissioner; (Y) Positions in the class Major assigned to the Uniform Division of the Department of Public Safety; (Z)(i) The officers, officials, employees, and positions of the Department of Natural Resources, except those officers, officials, employees, and positions which are as of March 14, 1984, in fact in the classified service or which the commissioner designates as being in the classified service of the merit system unless placed in the unclassified service under another provision of this chapter. Except as provided in division (ii) of this subparagraph, unclassified employees of the Department of Natural Resources who are paid on an hourly basis shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title. (ii) Any provision of division (i) of this subparagraph to the contrary notwithstanding, unclassified employees of the Department of Natural Resources who are at work on or after July 1, 1993, who are paid on an hourly basis, and who are otherwise eligible to participate under Article 1 of Chapter 18 of this title may be included under the health insurance plan for state employees as funding is provided and may accrue annual and sick leave; provided, however, that such eligibility for annual and sick leave shall not apply to any service occurring prior to July 1, 1993; (AA) The employees in the positions in the job classification of 'Clerk, Contingency' in the Department of Labor who are paid on an hourly basis. These employees shall continue not to be entitled to other benefits of employment, including, but not limited to, the accrual of annual and sick leave, membership within the Employees' Retirement System of Georgia, and inclusion under the health insurance plan for state employees as provided for in Article 1 of Chapter 18 of this title; (BB) The officers, officials, and employees of postsecondary technical schools which are operated by the Department of Technical

Page 690

and Adult Education, except those officers, officials, and employees already eligible to be covered by the state merit system by law or executive order; (CC) The 39 positions funded by the General Assembly during the 1992 legislative session for the Insurance Department for the purposes of securing accreditation of the Insurance Department by the National Association of Insurance Commissioners; (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; and (EE) All positions filled on or after July 1, 1996, by new hires. SECTION 3. Said article is further amended by striking Code Section 45-20-6, relating to the composition of classified and unclassified service, in its entirety and by inserting a new Code Section 45-20-6 to read as follows: 45-20-6. (a) The classified service as defined by Code Section 45-20-2 shall consist of all positions filled by agencies prior to July 1, 1996, except those included by law in the unclassified service. Such classified positions shall be covered by the state merit system. Any officer or employee who occupies a covered position under the state merit system prior to July 1, 1996, shall remain in the classified service so long as such officer or employee shall remain in a covered position or as otherwise provided by law. (b) The unclassified service as defined by Code Section 45-20-2 shall consist of all positions in the departments of state government not included in the classified service under this article and these positions shall not be subject to the rules and regulations of the State Personnel Board. (c) Exclusion from the classified service shall not exclude any employee, officer, or official from eligibility for membership or membership in the Employees' Retirement System of Georgia, provided that such employee, officer, or official is otherwise eligible for membership under Chapter 2 of Title 47. (d) It is the intent of the General Assembly that employees in the classified service be required to serve a working test period before they obtain merit system protection and that the successful completion of this probationary period is part of the employment examination procedure. Each employee serving in a working test period shall be provided with management review by the appointing authority within ten calendar days

Page 691

of the date the employee has completed one-half of the working test period or as near to such date as is practicable. The management review shall include an evaluation of the employee's progress and recommendations, if any, for corrective action. The provision of management review pursuant to this subsection is solely for the purpose of promoting efficient management and employee development and shall not be interpreted as granting any additional rights to a working test employee. The State Personnel Board shall be responsible for adopting and amending rules and regulations establishing the guidelines to be used by the appointing authority in completing the management review pursuant to this subsection. SECTION 4. This Act shall become effective on July 1, 1996. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. PENAL INSTITUTIONS CONTRACTS FOR CONSTRUCTION OR OPERATION OF STATE CORRECTIONAL INSTITUTIONS OR PROVISION OF INMATE CUSTODY SERVICES; DESIGNATION OF CONTRACTING PARTIES AS LAW ENFORCEMENT UNITS; RULES AND REGULATIONS. Code Section 42-2-8 and 42-2-11 Amended. No. 817 (Senate Bill No. 675). AN ACT To amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, so as to provide for the authority of the commissioner of corrections to make and execute contracts for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for services pertaining to the custody, care, and control of inmates; to authorize the designation of contracting parties as law enforcement units; to provide for the adoption of rules and regulations; 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 2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board and the Department of Corrections, is amended by striking

Page 692

Code Section 42-2-8, relating to the additional duties of the commissioner, and inserting in its place a new Code Section 42-2-8 to read as follows: 42-2-8. The commissioner shall direct and supervise all the administrative activities of the board and shall attend all meetings of the board. The commissioner shall also make, publish, and furnish to the General Assembly and to the Governor annual reports regarding the work of the board, along with such special reports as he or she may consider helpful in the administration of the penal system or as may be directed by the board. The commissioner shall perform such other duties and functions as are necessary or desirable to carry out the intent of this chapter and which he or she may be directed to perform by the board. The commissioner or the commissioner's designee shall be authorized to make and execute contracts and all other instruments necessary or convenient for the acquisition of professional and personal employment services and for the leasing of real property. Subject to legislative appropriations, the commissioner shall also be authorized to make and execute any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities and to designate any person or organization with whom the commissioner contracts as a law enforcement unit under paragraph (7) of Code Section 35-8-2. SECTION 2. Said chapter is further amended by striking Code Section 42-2-11, relating to the powers and duties of the Board of Corrections, in its entirety and inserting in its place a new Code Section 42-2-11 to read as follows: 42-2-11. (a) The board shall establish the general policy to be followed by the department and shall have the duties, powers, authority, and jurisdiction provided for in this title or as otherwise provided by law. (b) The board is authorized to adopt, establish, and promulgate rules and regulations governing the transaction of the business of the penal system of the state by the department and the commissioner and the administration of the affairs of the penal system in the different penal institutions coming under its authority and supervision and shall make the institutions as self-supporting as possible. (c) The board shall adopt rules governing the assignment, housing, working, feeding, clothing, treatment, discipline, rehabilitation, training, and hospitalization of all inmates coming under its custody. (d) The board shall also adopt rules and regulations governing the conduct and the welfare of the employees of the state institutions

Page 693

operating under its authority and of the county correctional institutions and correctional facilities or programs operating under its supervision. It shall prescribe the working hours and conditions of work for employees in the office of the commissioner and in institutions operating under the authority of the board. (e) The board shall also adopt rules and regulations governing the negotiation and execution of any contract for the land acquisition, design, construction, operation, maintenance, use, lease, or management of a state correctional institution or for any services pertaining to the custody, care, and control of inmates or other functions as are related to the discharge of these responsibilities. (f) All rules and regulations adopted pursuant to this Code section shall be adopted, established, promulgated, amended, repealed, filed, and published in accordance with the applicable provisions and procedure as set forth in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The courts shall take judicial notice of any such rules or regulations. (g) As used in this Code section, the words `rules and regulations' shall have the same meaning as the word `rule' is defined in paragraph (6) of Code Section 50-13-2. 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 8, 1996. LABOR AND INDUSTRIAL RELATIONS EMPLOYMENT SECURITY LAW AMENDED; RATE OF EMPLOYER CONTRIBUTIONS; BENEFIT EXPERIENCE AND VARIATIONS FROM STANDARD RATE OF EMPLOYER CONTRIBUTIONS; VOLUNTARY CONTRIBUTIONS BY EMPLOYERS; GROUNDS FOR DISQUALIFICATION OF BENEFITS; ELIGIBILITY FOR UNEMPLOYMENT BENEFITS. Code Title 34, Chapter 8 Amended. No. 818 (House Bill No. 1270). 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 the provisions

Page 694

relating to the rate of employer contributions; to change the period during which certain rates shall be in effect; to change the provisions relating to benefit experience in the payment of contributions; to change the period during which certain variations from the standard rate of contributions shall be determined; to change the provisions relating to voluntary contributions by employers; to provide for related matters; to change the provisions relating to grounds for disqualification of benefits; to provide that under certain circumstances an employee who has been discharged or suspended for violation of his or her employer's drug-free workplace policy shall be denied benefits; to provide for hearings and determinations; to provide for procedures, burdens of proof, and presumptions in connection with such hearings and determinations; to provide for the admissibility and authentication of laboratory test results submitted by an individual with respect to an alleged violation of an employer's drug-free workplace policy; to change the provisions relating to determination of eligibility for unemployment benefits generally; to provide that an individual who files a new claim for unemployment compensation shall be advised that such compensation is subject to federal and state income tax and be provided certain information relating to deductions and withholdings; to provide procedures for making deductions and withholding amounts from unemployment compensation; to limit certain deductions and withholdings; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, known as the Employment Security Law, is amended by striking in its entirety Code Section 34-8-151, relating to rate of employer contributions, and inserting in lieu thereof a new Code Section 34-8-151 to read as follows: 34-8-151. (a) For periods prior to April 1, 1987, or after June 30, 2001, each new or newly covered employer shall pay contributions at a rate of 2.7 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. (b) For periods on or after April 1, 1987, but on or before June 30, 2001, each new or newly covered employer shall pay contributions at a rate of 2.64 percent of wages paid by such employer with respect to employment during each calendar year until the employer is eligible for a rate calculation based on experience as defined in this chapter, except as provided in Code Sections 34-8-158 through 34-8-162. SECTION 2. Said chapter is further amended by striking in their entirety subsections (c) and (d) of Code Section 34-8-155, relating to benefit experience and

Page 695

variations from standard rate of employer contributions during certain periods, and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) For the periods prior to April 1, 1987, or after June 30, 2001, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.16 0.86 1.17 2.08 1.17 1.48 2.00 1.48 1.79 1.92 1.79 2.10 1.84 2.10 2.41 1.76 2.41 2.72 1.68 2.72 3.04 1.60 3.04 3.35 1.52 3.35 3.65 1.44 3.65 3.97 1.36 3.97 4.29 1.28 4.29 4.60 1.20 4.60 4.91 1.12 4.91 5.22 1.04 5.22 5.53 0.96 5.53 5.84 0.88 5.84 6.15 0.80 6.15 6.47 0.72 6.47 6.77 0.64

Page 696

6.77 7.08 0.56 7.08 7.40 0.48 7.40 7.71 0.40 7.71 8.02 0.32 8.02 8.33 0.24 8.33 8.64 0.16 8.64 8.95 0.08 8.95 and over 0.04 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.2 0.5 1.5 2.4 1.5 2.5 2.6 2.5 3.5 2.8 3.5 4.5 3.0 4.5 5.5 3.2 5.5 6.5 3.4 6.5 7.5 3.6 7.5 8.5 3.8 8.5 9.5 4.0 9.5 10.5 4.2 10.5 11.5 4.4 11.5 12.5 4.6 12.5 13.5 4.8 13.5 14.5 5.0 14.5 15.5 5.2 15.5 and over 5.4

Page 697

(d) For the periods on or after April 1, 1987, but on or before June 30, 2001, variations from the standard rate of contributions shall be determined in accordance with the following requirements: (1) If, on the computation date, the total of an employer's contributions exceeds the total benefits charged to its account, its contribution rate for the following calendar year shall be determined by subtracting benefits charged from contributions and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH POSITIVE RESERVE ACCOUNTS If the excess percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.00 0.86 2.125 0.86 1.17 2.043 1.17 1.48 1.962 1.48 1.79 1.881 1.79 2.10 1.800 2.10 2.41 1.725 2.41 2.72 1.643 2.72 3.04 1.562 3.04 3.35 1.481 3.35 3.65 1.400 3.65 3.97 1.325 3.97 4.29 1.243 4.29 4.60 1.162 4.60 4.91 1.081 4.91 5.22 1.000 5.22 5.53 0.925 5.53 5.84 0.843 5.84 6.15 0.762 6.15 6.47 0.681 6.47 6.77 0.600 6.77 7.08 0.525 7.08 7.40 0.443 7.40 7.71 0.362 7.71 8.02 0.281

Page 698

8.02 8.33 0.200 8.33 8.64 0.125 8.64 8.95 0.043 8.95 and over 0.040 (2) If, on the computation date, the total of an employer's contributions is less than the total benefits charged to the account of such employer, the contribution rate for the following calendar year shall be determined by subtracting contributions from benefits charged and dividing the difference by the employer's average annual payroll. The resulting percentage will then be applied to the following rate table. Contributions paid by the end of the month following the computation date and contributions paid within 30 days of notice of failure to file all required tax and wage reports will be considered as having been paid on the computation date. RATE TABLE FOR EMPLOYERS WITH DEFICIT RESERVE ACCOUNTS If the deficit percentage: Equals or Exceeds But Is Less Than The Contribution Rate Is (Percent) 0.0 0.5 2.16 0.5 1.5 2.36 1.5 2.5 2.56 2.5 3.5 2.76 3.5 4.5 2.96 4.5 5.5 3.16 5.5 6.5 3.36 6.5 7.5 3.56 7.5 8.5 3.76 8.5 9.5 3.96 9.5 10.5 4.16 10.5 11.5 4.36 11.5 12.5 4.56 12.5 13.5 4.76 13.5 14.5 4.96 14.5 15.5 5.16 15.5 and over 5.40 SECTION 3. Said chapter is further amended by striking in its entirety Code Section 34-8-178, relating to voluntary contributions by employers, and inserting in lieu thereof a new Code Section 34-8-178 to read as follows:

Page 699

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 upon which the Commissioner mails notice that such payments may be made with respect to a calendar year, and in no event shall such payments be made later than the expiration of 120 days after the beginning of the year for which such rates are effective. Such voluntary payments when accepted from an employer will not be refunded in whole or in part. SECTION 4. Said chapter is further amended by striking the semicolon at the end of subparagraph (B) of paragraph (2) of Code Section 34-8-194, relating to grounds for disqualification of benefits, and inserting in lieu thereof a ., and adding at the end of said paragraph (2) the following: (C) For the week or fraction thereof in which such individual has filed an otherwise valid claim for benefits after the individual has been discharged or suspended for violation of the employer's drug-free workplace policy as determined by the Commissioner according to the circumstances in the case. To requalify following a disqualification under this subparagraph, an individual must secure subsequent employment for which the individual earns insured wages equal to at least ten times the weekly benefit amount of the claim and then become unemployed through no fault on the part of the individual. Notwithstanding the foregoing, in the Commissioner's determination the burden of proof of just discharge or suspension for cause as set forth in this subparagraph shall be on the employer and the presumption of eligibility shall be with the employee; provided, however, that in cases where a drug or alcohol test is utilized to prove a violation of the employer's drug-free workplace policy: (i) The employer's burden of proof of just discharge or suspension shall be presumed met if the individual fails a drug screening test which is required by terms of the employer's drug-free workplace policy and said policy complies with the provisions of Article 11 of Chapter 9 of this title, other substantially equivalent or more stringent standards established by federal law or regulations, or with rules and regulations prescribed by the Commissioner; (ii) The laboratory test results, including but not limited to, documentation of the chain of custody, methodology, and the accuracy of the drug screening test shall be admissible and self-authenticating in an administrative hearing conducted by the

Page 700

Commissioner with respect to a disputed claim for unemployment benefits under this chapter, and such evidence shall create a rebuttable presumption that the individual violated the employer's drug-free workplace policy; provided, however, that any other evidence relating to the issue of eligibility and the provisions of this subparagraph may be received in person or by telecommunications at the hearing; and (iii) Laboratory test results submitted by the individual, including but not limited to documentation of the chain of custody, methodology, and the accuracy of the drug screening test shall be admissible and self-authenticating in an administrative hearing conducted by the Commissioner with respect to a disputed claim for unemployment benefits under this chapter; SECTION 5. Said chapter is further amended by adding at the end of Code Section 34-8-195, relating to determination of eligibility for unemployment benefits generally and eligibility while in training, a new subsection (f) to read as follows: (f)(1) An individual who files a new claim for unemployment compensation shall, at the time of filing such claim, be advised that: (A) Unemployment compensation is subject to federal and state income tax; (B) Requirements exist pertaining to estimated tax payments; (C) An individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation in the amount specified in the United States Internal Revenue Code of 1986; (D) An individual may elect to have state income tax deducted and withheld from the individual's payment of unemployment compensation at the rate of 6 percent; and (E) An individual shall be permitted to change a previously elected withholding status. (2) Amounts deducted and withheld from unemployment compensation shall remain in the unemployment fund until transferred to the federal or state taxing authority as payment of income tax. (3) The Commissioner may follow procedures specified by the United States Department of Labor and the Internal Revenue Service pertaining to the deducting and withholding of income tax. (4) Amounts shall be deducted and withheld under this Code section only after amounts have been deducted and withheld for any overpayments

Page 701

of unemployment compensation, child support obligations, food stamp over issuances, or other purposes as required under this chapter. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. PROFESSIONS AND BUSINESSES ADDICTION COUNSELING; PROFESSIONAL COUNSELING; EXEMPTIONS FROM LICENSING REQUIREMENTS FOR CERTAIN PERSONS. Code Section 43-10A-7 Amended. No. 819 (Senate Bill No. 542). AN ACT To amend Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions applicable to professional counselors, social workers, and marriage and family therapists, so as to provide for an exception with respect to persons who are training to be addiction counselors; to provide for conditions; to provide for limitation of services; to exempt certain persons who engage in the practice of professional counseling from certain licensing and other requirements; to provide exceptions with respect to certain persons employed by the Department of Technical and Adult Education or its educational units or engaged in the practice of a specialty as an employee of the Department of Labor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-10A-7 of the Official Code of Georgia Annotated, relating to licensing requirements and exceptions applicable to professional counselors, social workers, and marriage and family therapists, is amended by adding a new paragraph immediately following paragraph (15) of subsection (b), to be designated paragraph (15.1), to read as follows: (15.1) Persons who are training to be addiction counselors but only when such persons are: (A) Employed by an agency or facility that is licensed to provide addiction counseling; (B) Supervised and directed by a supervisor who meets the qualifications established by the Georgia Addiction Counselor's Association

Page 702

or any other similar private association of addiction counselors which includes among its certification requirements the criteria specified in paragraph (15) of this subsection; (C) Graduated from high school or have a General Educational Development (GED) equivalency diploma; and (D) Actively seeking certification in accordance with the requirements of paragraph (15) of this subsection. No person shall qualify for the exception provided under this paragraph for a period in excess of three years. Services which may be provided under this paragraph shall be limited to those practices sanctioned by the certifying association and shall in any event be limited to the provision of chemical dependency treatment in the following settings: screening; intake; orientation; assessment for addiction diseases; treatment planning; individual, family, and group addiction counseling; case management; crises intervention; client education; referral, reporting, and record keeping; and consultation with other professionals in regard to client treatment and services. Persons exempt under this paragraph shall not use any title indicating or implying that they are licensed under this chapter. SECTION 2. Said Code section is further amended by striking in their entirety paragraphs (16) and (17) of subsection (b) and inserting in lieu thereof new paragraphs (16), (17), and (18) to read as follows: (16) Any person engaged in the practice of professional counseling as an employee or student peer counselor of the University System of Georgia or its educational units, the Department of Technical and Adult Education or its educational units, or of a public or private college or university within this state, but only when engaged in that practice as such an employee or student peer counselor and excepting the use of psychotherapeutic techniques to evaluate and treat emotional and mental illness, disorder, or dysfunction; (17) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state; and

Page 703

(18) Persons engaged in the practice of a specialty as an employee of the Department of Labor, but only when engaged in such practice as an employee of such department. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 8, 1996. INSURANCE WOMEN'S ACCESS TO HEALTH CARE ACT ENACTED; OBSTETRICIAN'S OR GYNECOLOGIST'S SERVICES COVERED WITHOUT REFERRAL FROM ANOTHER PHYSICIAN. Code Section 33-24-58 Enacted. No. 820 (Senate Bill No. 592). 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 that health benefit policies provide for the direct access of patients to services of an obstetrician or a gynecologist; to provide for disclosures; to provide for legislative intent and findings; to provide for definitions; to provide a short title; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the Women's Access to Health Care Act. 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 adding a new Code section at the end thereof, to be designated Code Section 33-24-58, to read as follows: 33-24-58. (a) The General Assembly finds and declares that the specialty of obstetrics and gynecology is devoted to health care of women throughout their lifetimes. (b) As used in this Code section, the term `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

Page 704

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, 1996, shall require as a condition to the coverage of services of an obstetrician or gynecologist who is within the health benefit policy network of health care providers that an enrollee, subscriber, or insured first obtain a referral from another physician; provided, however, that the services covered by this subsection shall be limited to those services defined by the published recommendations of the Accreditation Council For Graduate Medical Education for training as an obstetrician or gynecologist, including but not limited to diagnosis, treatment, and referral. (d) Each health benefit policy which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1996, shall disclose to enrollees, subscribers, or insureds, in clear, accurate language, such person's right to direct access to obstetricians and gynecologists as provided in this Code section. Such information shall be disclosed to each such person at the time of enrollment or otherwise first becoming an enrollee, subscriber, or insured, and at least annually thereafter. SECTION 3. This Act shall become effective on July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 705

INSURANCE COMMISSIONER'S QUARTERLY REPORTS TO LEGISLATIVE COMMITTEE CHAIRPERSONS; REINSURANCE OF RISKS; DEFINED COMMERCIAL RISKS; WORKERS' COMPENSATION LOSS RESERVES; WORKERS' COMPENSATION CASE RESERVES; INVESTMENT IN CORPORATE OBLIGATIONS; FARMERS' MUTUAL FIRE INSURANCE COMPANIES; HEALTH MAINTENANCE ORGANIZATION POINT-OF-SERVICE OPTION; AGENT LICENSING REQUIREMENTS, QUALIFICATIONS, AND EXEMPTIONS; COUNTERSIGNING OF CONTRACTS BY RESIDENT AGENTS; AUTOMOBILE OR MOTORCYCLE POLICY CANCELLATION OR NONRENEWAL; PENALTY FOR INSURER'S FAILURE TO COMPLY WITH TERMINATION, PREMIUM INCREASE, OR CHANGE IN COVERAGE NOTICE REQUIREMENTS; SOCIAL SECURITY ACT OF 1994 REQUIREMENTS IMPLEMENTATION. Code Title 33 Amended. No. 821 (House Bill No. 1404). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to correct certain typographical and codification errors; to establish certain limitations with respect to loss reserves of workers' compensation insurers; to provide that such insurers may not maintain any excess loss reserve for a claim or potential claim for longer than a specified period of time after the amount of liability for such claim or potential claim has been established; to prohibit the maintenance of excess case reserves for experience rating purposes; to require timely reporting of case reserve reductions; to provide for enforcement through examinations, required disclosures, and other appropriate procedures; to require the Commissioner of Insurance to submit certain information regarding rate filings for personal passenger motor vehicle insurance and regarding entrance into and departure from the state by certain insurers to the chairperson of the House Committee on Insurance and the chairperson of the Senate Committee on Insurance and Labor; to exempt certain persons from certificate of authority maintenance requirements; to exempt certain persons from continuing education requirements; to provide for rules and regulations; to change certain provisions regarding failure of an insurer to comply with notice requirements; to change certain provisions relating to limitations on amounts of risks retainable by farmers' mutual insurance companies; to change certain provisions relating to residency requirements for license applicants; to change certain provisions relating to countersigning of insurance contracts by resident agents; to change certain provisions relating to commissions for countersigning of insurance contracts by resident agents; to provide for requests for review of cancellations or nonrenewals by the Commissioner; to provide for hearings; to provide for

Page 706

a point-of-service option for certain persons offered health care coverage through a health maintenance organization; to provide for additional payments for such option; to provide for different cost sharing provisions for such option in certain circumstances; to provide for exceptions; to implement the requirements of the Social Security Act Amendments of 1994; to provide for exemption of defined commercial risks from certain filing requirements; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-2-8.2 to read as follows: 33-2-8.2. During the first week of each quarter, the Commissioner shall transmit to the chairperson of the House Committee on Insurance and the chairperson of the Senate Committee on Insurance and Labor the following information: (1) The number of rate increases and decreases for personal passenger motor vehicle insurance which were requested, approved, and disapproved during the preceding quarter, categorized according to the amount of the increase or decrease requested, approved, and disapproved as follows: (A) Five percent or less; (B) Greater than 5 percent but less than 10 percent; (C) Greater than 10 percent but less than 20 percent; and (D) Greater than 20 percent. Any increase or decrease which was approved in an amount different than that requested shall be so noted in the report; (2) The number of insurers newly authorized to transact insurance in this state for any line, class, or subclass of insurance listed in subsection (d) of Code Section 33-2-8.1 during the preceding quarter; and (3) The number of insurers authorized to transact insurance in this state for any line, class, or subclass of insurance listed in subsection (d) of Code Section 33-2-8.1 which ceased to transact insurance in this state during the preceding quarter. SECTION 2. Said title is further amended by striking in its entirety subparagraph (a)(3)(B) of Code Section 33-7-14, relating to reinsurance of risks, and inserting in lieu thereof a new subparagraph (B) to read as follows:

Page 707

(B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system;. SECTION 3. Said title is further amended by inserting after subsection (a) of Code Section 33-9-3, relating to application of certain provisions regarding regulation of rates, underwriting rules, and related organizations, a new subsection (a.1) to read as follows: (a.1) The Commissioner may by rule or regulation establish criteria by which defined commercial risks may be exempted from the filing requirements of this chapter. SECTION 4. Said title is further amended by striking subsection (a) of Code Section 33-9-21, relating to maintenance, filing, and effectiveness of insurers' rates, rating plans, rating systems, and underwriting rules, and inserting in its place a new subsection to read as follows: (a) Every insurer shall maintain with the Commissioner copies of the rates, rating plans, rating systems, underwriting rules, and policy or bond forms used by it. The maintenance of rates, rating plans, rating systems, underwriting rules, and policy or bond forms with the Commissioner by a licensed rating organization of which an insurer is a member or subscriber will be sufficient compliance with this Code section for any insurer maintaining membership or subscriberships in such organization, to the extent that the insurer uses the rates, rating plans, rating systems, underwriting rules, and policy or bond forms of such organization; provided, however, the Commissioner, when he or she deems it necessary, without compliance with the rule-making procedures of this title or Chapter 13 of Title 50, the `Georgia Administrative Procedure Act': (1) May require any domestic, foreign, and alien insurer to file the required rates, rating plans, rating systems, underwriting rules, and policy or bond forms used independent of any filing made on its behalf or as a member of a licensed rating organization, as the Commissioner shall deem to be necessary to ensure compliance with the standards of this chapter and Code Section 34-9-130 and for the best interests of the citizens of this state; (2) Shall require, not later than July 30, 1990, each domestic, foreign, and alien insurer, writing or authorized to write workers' compensation insurance in this state, to file such insurer's own individual rate filing for premium rates to be charged for workers' compensation insurance coverage written in this state. Such premium rates shall be

Page 708

developed and established based upon each individual insurer's experience in the State of Georgia to the extent actuarially credible. The experience filed shall include the loss ratios, reserves, reserve development information, expenses including commissions paid and dividends paid, investment income, pure premium data adjusted for loss development and loss trending, profits, and all other data and information used by that insurer in formulating its workers' compensation premium rates which are used in this state and any other information or data required by the Commissioner. In establishing and maintaining loss reserves, no workers' compensation insurer shall be allowed to maintain any excess loss reserve for any claim or potential claim for more than 90 days after the amount of liability for such claim or potential claim has been established, whether by final judgment, by settlement agreement, or otherwise. This limitation on the maintenance of loss reserves shall be enforced through this Code section, as well as through Code Section 33-9-23, relating to examination of insurers, Code Section 34-9-135, relating to required disclosure of costs by workers' compensation insurers, and any other appropriate enforcement procedures. The Commissioner is authorized to accept such rate classifications as are reasonable and necessary for compliance with this chapter. A rate filing required by this paragraph shall be updated by the insurer at least once every two years, the initial two-year period to be calculated from July 30, 1990; and (3) As used in paragraph (2) of this subsection, the term `excess loss reserve' means any reserve amount in excess of the reserve required by law. SECTION 5. Said title is further amended by striking Code Section 33-9-40.1, relating to prohibited practices with respect to workers' compensation experience rating, and inserting in its place a new Code section to read as follows: 33-9-40.1. (a) An insurer shall not assign an adverse experience modification factor which is applicable to the rate of a workers' compensation insurance policy issued to a particular business entity to the rate of a workers' compensation policy issued to another business entity maintaining a separate payroll for federal and state tax purposes and engaging in a distinctly different business enterprise for the sole reason that the majority interest in both business entities is held by the same person. (b) For experience rating purposes no workersapos; compensation insurer shall maintain any case reserve for any claim in excess of the amount established by final judgment, by settlement, or otherwise. All reductions in case reserves shall be made and reported to the appropriate

Page 709

rating organization within 90 days. Any further adjustments upward in the case reserve may only be made due to additional paid claims or a case reserve established on a claim which was previously closed but reopened due to a claimant's request for additional benefits. This limitation on the maintenance of reserves shall be enforced through this Code section, as well as through Code Section 33-9-21, relating to rate filings, Code Section 33-9-23, relating to examination of insurers, Code Section 34-9-135, relating to required disclosure of costs by workers' compensation insurers, and any other appropriate enforcement procedures. SECTION 6. Said title is further amended by striking in their entirety subsection (d) and (e) of Code Section 33-11-20, relating to investment in corporate obligations, and inserting in lieu thereof a new subsection (d) to read as follows: (d) An insurer may invest in secured and unsecured obligations of such institutions or in portions thereof, other than the obligations described in subsections (a), (b), and (c) of this Code section, which do not bear interest at a fixed rate and which may or may not have a maturity date or be evidenced by a formal certificate. Such investments must: (1) Consist of less than 100 percent of the total obligation issued; (2) Be available for liquidation by the insurer within five days from the date of a request by the insurer for the liquidation of the investment; and (3) Notwithstanding Code Section 33-11-37, as a total at any one time not exceed 5 percent of the insurer's admitted assets without the written approval of the Commissioner. SECTION 7. Said title is further amended by striking in its entirety subsection (a) of Code Section 33-16-14, relating to limitations on amounts of risks retainable by farmers' mutual insurance companies, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule: Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 $2,000 250,000 but less than 400,000 2,500 400,000 but less than 600,000 3,000

Page 710

600,000 but less than 900,000 4,500 900,000 but less than 1,200,000 6,000 1,200,000 but less than 1,500,000 7,500 1,500,000 but less than 2,000,000 10,000 2,000,000 but less than 2,500,000 12,500 2,500,000 but less than 3,000,000 15,000 3,000,000 but less than 3,500,000 17,500 3,500,000 but less than 7,000,000 35,000 7,000,000 and over 50,000 SECTION 8. Said title is further amended by adding a new Code Section 33-21-29 to read as follows: 33-21-29. (a) It is the intent of the General Assembly to allow citizens to have the right to choose their own health care providers with as few mandates from government and business as possible. It is also the intent to allow these choices with no additional cost to any business in this state. With these intentions, and the recognition of necessary governmental involvement through various laws, the General Assembly enacts this Code section. (b) As used in this Code section, the term: (1) `Employer' means an employer, association, or other private group arrangement. (2) `Enrollee' means any person entitled to receive health care services or reimbursement for such services pursuant to a contract with a health maintenance organization, whether the contract is with the person entitled to receive those services or reimbursement or the contract is with an employer of which such person is an employee or member. (3) `Point-of-service option' means a delivery system that permits an enrollee of a health maintenance organization to receive services outside the provider panel of the health maintenance organization under the terms and conditions of the enrollee's contract with the health maintenance organization. (4) `Provider' means a provider or a group of providers designated to provide health care services to the health maintenance organization's enrollees, as provider is defined in Code Section 33-21-1. (5) `Provider panel' means those providers with which a health maintenance organization contracts to provide health care services to the health maintenance organization's enrollees.

Page 711

(c) If the only type of insurance that an employer offers to eligible employees or individuals is health benefit plan coverage through a health maintenance organization, then the health maintenance organization with which such employer contracts to provide such coverage shall offer or make arrangements for the offering of a point-of-service option to such employer for the employer's eligible employees or individuals, and each such eligible employee or individual shall have the right to accept or reject such option. (d) An employer may require an employee or individual who accepts the point-of-service option to be responsible for the payment of a premium over the amount of the premium for the coverage offered by the health maintenance organization or by an arrangement with another entity in conjunction with the health maintenance organization either directly to the health maintenance organization or other entity or by payroll deduction. (e) A health maintenance organization may impose different cost-sharing provisions for the point-of-service option based on whether the service is provided through the provider panel of the health maintenance organization or outside the provider panel of the health maintenance organization. (f) This Code section shall not apply to the Department of Medical Assistance with regard to any and all health benefits that the department may provide pursuant to Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977,' nor shall this Code section apply to Chapter 9 of Title 34, relating to workers' compensation. (g) An employer may charge an employee or individual who accepts the point-of-service option a reasonable administrative fee for costs associated with the employer's reasonable administration of the point-of-service option. SECTION 9. Said title is further amended by redesignating subsection (g) of Code Section 33-23-4, relating to license requirements and restrictions on payment or receipt of commissions, as subsection (h) and by inserting after subsection (f) a new subsection (g) to read as follows: (g) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from the requirement to maintain at least one certificate of authority; provided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply with the requirements of this

Page 712

chapter, including without limitation the requirements for certificate of authority. SECTION 10. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-23-5, relating to qualifications and requirements for license applicants, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year or an individual whose principal place of business is within this state; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, located partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business; SECTION 11. Said title is further amended by striking subsection (e) of Code Section 33-23-18, relating to issuance of license on continuous basis, filing for continuation, and continuing education requirements, and inserting in its place a new subsection (e) to read as follows: (e) Any person who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such person wishes to again perform any of the other functions specified in said paragraph, such person must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section. SECTION 12. Said title is further amended by striking in its entirety subsection (b) of Code Section 33-23-31, relating to countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new subsection (b) to read as follows: (b) All insurance contracts on risks or property or persons located or having a situs in this state shall bear the countersignature of an agent who is licensed pursuant to Code Section 33-23-5, except:

Page 713

(1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce, or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (2) Any contract of property insurance upon property of railroad companies and other common carriers; (3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier; (4) Any contract of reinsurance between insurers; (5) Any contract of life or accident and sickness insurance; or (6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project. SECTION 13. Said title is further amended by striking in its entirety Code Section 33-23-32, relating to commissions for countersigning of insurance contracts by resident agents, and inserting in lieu thereof a new Code Section 33-23-32 to read as follows: 33-23-32. Except as provided in subsection (b) of Code Section 33-23-31, all insurance contracts on risks or property located or having a situs in this state must be countersigned by an agent duly licensed in accordance with Code Section 33-23-5; and, if a licensed nonresident agent participates in the effectuation of such contract, the agent licensed in accordance with Code Section 33-23-5 shall be entitled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis. SECTION 14. Said title is further amended by striking Code Section 33-23-44, relating to the authority of the Commissioner of Insurance, and inserting in its place a new Code Section 33-23-44 to read as follows: 33-23-44. (a) The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed;

Page 714

(2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chapter; and (4) Any other purpose required or necessary for the implementation or enforcement of this chapter. (b) The Commissioner shall establish by rule or regulation a license for persons exempted under Code Section 33-23-18 that is distinct from other agent licenses. SECTION 15. Said title is further amended by striking in its entirety subsection (o) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedures for hearing before the Commissioner, and inserting in lieu thereof a new subsection (o) to read as follows: (o) An insured may request a review by the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. Such request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal. A review of the cancellation or nonrenewal shall be conducted within 30 days of said request. The Commissioner shall notify the insured and the insurer of his or her decision within the 30 day period. During the pendency of such review, the policy shall continue in full force and effect and the Commissioner shall specify by rule or regulation the method of payment of premium due and the disposition of premium refunds, if any. The Commissioner shall either require that the policy be reinstated or renewed or may uphold the nonrenewal or cancellation. In the event the Commissioner determines that an insurer's cancellation or nonrenewal action constitutes an unfair act or practice, the Commissioner may take action as authorized by this title. Following the completion of any review provided by this subsection, an insured may request a hearing pursuant to Code Section 33-2-17, and nothing in this subsection shall be deemed to waive an insured's right to request such a hearing. SECTION 16. Said title is further amended by striking in its entirety subsection (c) of Code Section 33-24-47, relating to notice required of insurers for termination, increase in premium rates, or change restricting coverage, and inserting in its place a new subsection (c) to read as follows: (c) The failure of an insurer to comply with the requirements of subsection (b) of this Code section shall entitle the policyholder to

Page 715

purchase, under the same premiums and policy terms and conditions, an additional 30 day period of insurance coverage beyond the termination date of such policy; provided, however, that the policyholder shall tender the premium amount, computed on a pro rata basis, to the insurer on or before the termination date. No provision of this Code section shall be construed as requiring the insurance coverage under a policy to be extended for more than 30 days from the termination date stated in such policy. An insurer shall not be subject to any other penalty for the failure to comply with the requirements of subsection (b) of this Code section unless the Commissioner finds, after a hearing, that such noncompliance by the insurer has occurred with such frequency as to indicate a general business practice by the insurer of noncompliance with subsection (b) of this Code section. There shall be no liability on the part of and no cause of action of any nature shall arise against the Commissioner or the Commissioner's employees or against any insurer, its authorized representatives, its agents, its employees, or any firm, person, or corporation furnishing to the insurer information as to reasons for cancellation or nonrenewal for any statement made by any of them and in written notice of cancellation or nonrenewal or in any other communication, oral or written, specifying the reasons for cancellation or nonrenewal or providing information pertaining thereto or for statements made or evidence submitted at any formal or informal hearing conducted in connection therewith. SECTION 17. Said title is further amended by striking in its entirety Code Section 33-43-1, relating to definitions applicable to medicare supplement insurance, and inserting in lieu thereof a new Code Section 33-43-1 to read as follows: 33-43-1. As used in this chapter, the term: (1) `Applicant' means: (A) In the case of an individual medicare supplement policy or subscriber contract, the person who seeks to contract for insurance benefits; and (B) In the case of a group medicare supplement policy, the proposed certificate holder. (2) `Certificate' means any certificate delivered or issued for delivery in this state under a group medicare supplement policy. (3) `Certificate form' means the form on which the certificate is delivered or issued for delivery by the issuer. (4) `Issuer' includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations, and any

Page 716

other entity delivering or issuing for delivery in this state medicare supplement policies or certificates. (5) `Medicare' means the `Health Insurance for the Aged Act,' Title XVIII of the Social Security Act Amendments of 1965, as then constituted or later amended. (6) `Medicare supplement policy' means a group or individual policy of accident and sickness insurance or a subscriber contract of hospital and medical service associations or health maintenance organizations, other than a policy issued pursuant to a contract under Section 1876 of the federal Social Security Act (42 U.S.C. Section 1395, et seq.) or an issued policy under a demonstration project specified in 42 U.S.C. Section 1395ss(g)(1), which is advertised, marketed, or designed primarily as a supplement to reimbursements under medicare for the hospital, medical, or surgical expenses of persons eligible for medicare. (7) `Policy form' means the form on which the policy is delivered or issued for delivery by the issuer. SECTION 18. Said title is further amended by striking in its entirety Code Section 33-43-2, relating to the applicability of said chapter, and inserting in lieu thereof a new Code Section 33-43-2 to read as follows: 33-43-2. (a) Except as otherwise specifically provided, this chapter shall apply to: (1) All medicare supplement policies delivered or issued for delivery in this state on or after April 28, 1996; and (2) All certificates issued under group medicare supplement policies, which certificates have been delivered or issued for delivery in this state. (b) This chapter shall not apply to a policy of one or more employers or labor organizations, or of the trustees of a fund established by one or more employers or labor organizations or a combination thereof, for employees or former employees or a combination thereof, or for members or former members or a combination thereof of the labor organizations. (c) Except as provided under subsection (d) of Code Section 33-43-5, the provisions of this chapter shall not be construed to prohibit or apply to insurance policies or health care benefit plans, including group conversion policies, provided to medicare eligible persons, which policies are not marketed or held to be medicare supplement policies or benefit plans.

Page 717

SECTION 19. Said title is further amended by striking in its entirety subsection (b) of Code Section 33-43-3, relating to duplicate state benefits, policy standards, prohibited provisions, denial of claims, and preexisting conditions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any other provision of Georgia law, a medicare supplement policy or certificate shall not exclude or limit benefits for losses incurred more than six months from the effective date of coverage because it involved a preexisting condition. The policy or certificate shall not define a preexisting condition more restrictively than a condition for which medical advice was given or treatment was recommended by or received from a physician within six months before the effective date of coverage. SECTION 20. Said title is further amended by striking in its entirety subsection (d) of Code Section 33-43-5, relating to insurer filing requirements, benefits, and loss ratio standards, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The Commissioner may prescribe by regulation for captions or notice requirements, determined to be in the public interest and designed to inform prospective insureds that particular insurance coverages are not medicare supplement coverages for all accident and sickness insurance policies sold to persons eligible for medicare, other than: (1) Medicare supplement policies; or (2) Disability income policies. SECTION 21. This section and Sections 17, 18, 19, 20, and 22 of this Act shall become effective on April 28, 1996. All other sections of this Act shall become effective on July 1, 1996. SECTION 22. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 718

PROFESSIONS AND BUSINESSES GEORGIA COMPOSITE BOARD OF PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS; MENTAL AND PHYSICAL EXAMINATIONS OF LICENSEES IN AID OF ENFORCEMENT PROCEEDINGS; ACCESS TO LICENSEES' MEDICAL AND PERSONAL RECORDS. Code Section 43-10A-17 Amended. No. 822 (House Bill No. 273). AN ACT To amend Code Section 43-10A-17 of the Official Code of Georgia Annotated, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, so as to provide for mental and physical examinations of licensees in aid of enforcement proceedings under certain circumstances; to provide that licensees may be required to produce or provide access to personal medical records and other personal records under certain circumstances; to specify the conditions under which such examinations and production of records may be required; to provide sanctions for noncompliance; 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 43-10A-17 of the Official Code of Georgia Annotated, relating to enforcement of licensing law provisions by the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists, is amended by striking paragraph (10) of subsection (a) and inserting in its place a new paragraph to read as follows: (10) Displayed an inability to practice the specialty with reasonable skill and safety to the public or has become unable to practice the specialty with reasonable skill and safety to the public by reason of illness, use of alcohol, drugs, narcotics, chemicals, or any other type of material. (A) In enforcing this subsection, the board may, if it has a reasonable basis to believe that the licensee is practicing while incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, require a licensee or applicant to submit to a mental, physical, or mental and physical examination by an appropriate licensed practitioner designated by the board. The results of such examination shall be admissible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. If a licensee fails to submit to each

Page 719

examination when properly directed to do so by the board, the board may summarily suspend the license of such licensee, if the public health, safety, and welfare imperatively require such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal; and (B) For the purpose of this subsection, the board, if it has a reasonable basis to believe that the licensee is incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, may require the licensee to produce or give the board permission to obtain any and all records relating to the alleged incapacitating mental or physical condition of a licensee or applicant, including that individual's personal psychiatric, psychological, and mental health records; and such records shall be admissible in any hearing before the board. If a licensee fails to provide such records when properly directed to do so by the board, the board may summarily suspend the license of such licensee, if the public health, safety, and welfare imperatively require such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; OFFICERS AND EMPLOYEES OF NORTH GEORGIA MOUNTAINS AUTHORITY INCLUDED; PRIOR SERVICE CREDIT. Code Section 47-2-324 Enacted. No. 823 (House Bill No. 407). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, so as to provide that all officers and employees of the North Georgia Mountains Authority shall become members of such retirement system; to provide for prior service credit for such officers and employees employed prior to July 1, 1996; to provide for matters relative thereto; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

Page 720

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities being members of the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-324. (a) As used in this Code section, the term: (1) `North Georgia Mountains Authority' or `authority' means the North Georgia Mountains Authority established by Part 10 of Article 7 of Chapter 3 of Title 12. (2) `Officer or employee' means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (3) of Code Section 12-3-294. (3) `Proof of prior employment' means pay records, income tax withholding records, or other records of the authority which are sufficient to establish to the satisfaction of the board of trustees the prior employment record of an officer or employee of the authority. (b) Effective July 1, 1996, or on the date of employment, each officer or employee of the authority shall become a member of the retirement system. (c)(1) This subsection shall apply only to an officer or employee of the authority holding office or employed on July 1, 1996. (2) An officer or employee of the authority who is subject to the provisions of this subsection shall, upon furnishing proof of prior employment to the board of trustees not later than December 31, 1996, or six months after the date of employment, whichever date is later, be eligible to receive creditable service under this retirement system for prior employment as an officer or employee of the authority, subject to the requirements of this subsection. Any such officer or employee must pay to the board of trustees the employee contributions which would have been paid during the period of prior employment if the officer or employee had been a member of the retirement system during such period. The authority shall be authorized to pay from any funds available to the authority the employer contributions which would have been paid during such period of prior employment. For a member claiming creditable service for prior employment under this subsection, the board of trustees shall determine the period of time that the payments to the board of trustees provided for under this subsection will fund as creditable service under the retirement system without creating any additional accrued liability of the retirement system. Except as otherwise provided in paragraph (3) of this subsection, the amount of creditable service so

Page 721

determined shall be the creditable service to which the member is entitled. (3) An officer or employee shall have the option to transfer all or a portion of his or her vested interest in the pension plan maintained by the authority prior to July 1, 1996, to satisfy all or a portion of the cost to receive creditable service allowed pursuant to paragraph (2) of this subsection. Any funds transferred pursuant to such option shall be credited to the officer's or employee's annuity account established by the retirement system. The authority shall be authorized, but not required, to supplement such amount so transferred. The officer or employee shall receive such creditable service as the combination of funds transferred or paid for or on behalf of the employee would warrant without creating any additional accrued liability of the retirement system, up to the maximum amount of creditable service allowed by paragraph (2) of this subsection. (d) Any officer or employee of the authority who was already a member of the retirement system on July 1, 1996, and any member of the retirement system who, without any break in service, becomes an officer or employee of the authority on or after July 1, 1994, shall continue in the same membership status without any interruption in membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions made by the employer on behalf of members, which are required by this chapter shall be made for members who are subject to the provisions of this Code section from funds appropriated to or otherwise available for the operation of the North Georgia Mountains Authority. The authority shall deduct from the salaries payable to such members the additional employee contributions required by this chapter. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 722

RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDITABLE SERVICE FOR FORMER NARCOTICS AGENTS OF GEORGIA BUREAU OF INVESTIGATION. Code Sections 47-2-225 and 47-2-334 Amended. No. 824 (House Bill No. 449). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide that members with prior service as a narcotics agent with the Georgia Bureau of Investigation shall be eligible to obtain creditable service for such prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting at the end of Part 5 of Article 8, relating to membership of certain law enforcement personnel in such retirement system, the following: 47-2-225. Any other provision of this chapter to the contrary notwithstanding, any member who was employed as a narcotics agent pursuant to the provisions of Code Section 35-3-9 prior to becoming a member of the retirement system shall be entitled to obtain creditable service for all such prior service subject to the conditions contained in this Code section. In order to be eligible for such creditable service, the member must make application as prescribed by the board not later than July 1, 1997, or one year after becoming a member of the retirement system, whichever date is later, provide proof of such prior service, and pay the employee contributions which he or she would have paid if he or she had been a member of the retirement system, together with regular interest thereon. Within 30 days after the retirement system gives notice that the foregoing conditions have been met, the Georgia Bureau of Investigation shall pay the employer contributions which would have been paid for the member if he or she had been a member of the retirement system, together with regular interest thereon. SECTION 2. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (f) of Code Section 47-2-334, relating to membership in such retirement system by certain employees employed on or after July 1, 1982, and inserting in lieu thereof the following:

Page 723

(2) Except as otherwise provided in Code Sections 47-2-204, 47-2-225, and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; REESTABLISHMENT OF SERVICE BY FORMER MEMBERS WHO WITHDREW CONTRIBUTIONS; CONDITIONS. Code Section 47-3-85 Amended. No. 825 (House Bill No. 586). AN ACT To amend Code Section 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who withdrew contributions from such system, so as to provide that such members who withdrew contributions more than three times may establish service under certain conditions; 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 47-3-85 of the Official Code of Georgia Annotated, relating to credit for service under the Teachers Retirement System of Georgia by a former member of the Employees' Retirement System of Georgia who withdrew contributions from such system, is amended by redesignating

Page 724

subsection (b) as subsection (e) and by striking in its entirety subsection (a), which reads as follows: (a) Any current member who was previously a member of the Employees' Retirement System of Georgia and who withdrew employee contributions from that system not more than three times after January 1, 1961, may establish the service under that system as creditable service under this retirement system, upon rendering at least three years of service as a contributing member of this retirement system, provided that such member pays into this retirement system for all such service rendered while a member of the Employees' Retirement System of Georgia an amount equal to the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia stopped being credited with interest. Upon receipt of notice from the Teachers Retirement System of Georgia that a member has repaid to it contributions previously withdrawn from the Employees' Retirement System of Georgia, the Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit., and inserting in lieu thereof the following: (a) Subject to the additional requirements of subsections (b) and (c) of this Code section, any current member who was previously a member of the Employees' Retirement System of Georgia and who withdrew employee contributions from that system may reestablish the creditable service represented by the withdrawn contributions by paying to the board of trustees the minimum employee contributions required for continuous members of this retirement system, plus regular interest that would have accrued on such amount from the date that contributions to the Employees' Retirement System of Georgia stopped being credited with interest. Upon receipt of notice from the Teachers Retirement System of Georgia that a member has repaid to it contributions previously withdrawn from the Employees' Retirement System of Georgia, the Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall

Page 725

pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit. (b) A member must complete a minimum number of years of service as a contributing member of the retirement system before becoming eligible to reestablish creditable service under subsection (a) of this Code section as follows: (1) When accumulated contributions have been withdrawn not more than three times, the minimum shall be three years; (2) When accumulated contributions have been withdrawn not more than four times, the minimum shall be five years; and (3) When accumulated contributions have been withdrawn five or more times, the minimum shall be ten years. (c) The regular interest rate provided for in subsection (a) of this Code section shall be increased 2 percent for each withdrawal of accumulated contributions exceeding three such withdrawals. (d) A member may establish a portion of the creditable service represented by all of the member's withdrawn contributions by paying to the board of trustees a pro rata amount based upon the total accumulated contributions withdrawn plus interest in accordance with rules adopted by the board of trustees and subject to the provisions of subsections (a), (b), and (c) of this Code section. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 726

PENAL INSTITUTIONS BOARD OF CORRECTIONS; RULES REGARDING TRANSFERS OF INMATES WHO COMMIT BATTERY OR ASSAULT AGAINST CORRECTIONAL OFFICERS AND ASSISTANCE TO CERTAIN BATTERED OR ASSULTED EMPLOYEES. Code Section 42-2-11 Amended. No. 826 (House Bill No. 660). 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 provide for rules providing for transfer to higher security of each inmate who commits battery or aggravated assault against a correctional officer while in custody and department assistance for employees who are subjected to battery or aggravated assault by inmates; 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 inserting in Code Section 42-2-11, relating to the powers and duties of the board and the adoption of rules and regulations, a new subsection to be designated subsection (g) to read as follows: (g) The board shall adopt rules: (1) Providing for the transfer to a higher security facility of each inmate who commits battery or aggravated assault against a correctional officer while in custody; provided, however, that this provision shall not apply in instances where the inmate is already incarcerated in a maximum security facility; and (2) Specifying the procedures for offering department assistance to employees who are victims of battery or aggravated assault by inmates in filing criminal charges or civil actions against their assailants, including procedures for posting notices that such assistance is available to any employee who is subjected to battery or aggravated assault by an inmate, but not including legal representation of such employees. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 727

RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; CALCULATION OF BENEFITS FOR TEACHERS EMPLOYED BY CERTAIN COUNTY SCHOOL SYSTEMS. Code Section 47-3-67 Amended. No. 827 (House Bill No. 963). AN ACT To amend Code Section 47-3-67 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia of teachers who are employed by certain county school systems and related matters, so as to provide that the benefits of such teachers shall be calculated as provided on June 30, 1988, by certain local pension funds, with certain amendments thereafter; 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 47-3-67 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia of teachers who are employed by certain county school systems and related matters, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (d) If the benefit which becomes payable to a transferred teacher upon the teacher's retirement or to another beneficiary of a transferred teacher is less under this retirement system than it would have been under the local retirement fund had membership in the local retirement fund continued, then the fiscal authority or other governing body, by whatever name designated, of the local retirement fund shall pay to the retired transferred teacher or to the other beneficiary of such a teacher an additional benefit equal to the amount by which the benefit which would be payable under the local retirement fund exceeds the benefit which becomes payable under this retirement system, with the benefit under this retirement system being computed for purposes of this Code section as if the teacher had retired with a retirement allowance determined under Code Section 47-3-120. The calculation of the additional benefit, if any, which is to be paid by the local retirement fund under this subsection shall be based on the rights that a transferred teacher had under the local retirement fund on June 30, 1988, plus rights which would have accrued under the local retirement fund after that date only for continuous service as a teacher in the employ of the county school system; provided, however, that any change made in the local retirement fund after that date shall not be considered in the determination of such rights; provided, further, that any amendment to

Page 728

any such local retirement fund made after June 30, 1988, which provides for the calculation of benefits on a nine-month basis, provides for optional spouses' benefits, or provides for the continuation of spouses' benefits after remarriage shall be considered in the determination of such rights. The benefits payable under this subsection shall be made only if the transferred teacher shall have timely paid to the local retirement fund all amounts which such teacher would have paid to such fund, had he or she continued to be a member of such fund, less such amounts as were actually paid to the Teachers Retirement System of Georgia by or on behalf of such teacher. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS DISTRICT ATTORNEYS' RETIREMENT SYSTEM; CREDIT FOR PRIOR SERVICE AS ASSISTANT DISTRICT ATTORNEY. Code Section 47-13-62 Enacted. No. 828 (House Bill No. 1006). AN ACT To amend Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, so as to provide for creditable service for prior service as an assistant district attorney; to provide for the transfer or payment of employer and employee contributions; to provide certain restrictions upon the use of such creditable service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 13 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable in the District Attorneys' Retirement System, is amended by inserting at the end thereof the following:

Page 729

47-13-62. (a)(1) Any district attorney who is or becomes an active member of this retirement system pursuant to the provisions of Code Section 47-13-40 may receive creditable service for the number of years he or she contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262. (2) In order to obtain the creditable service as provided in paragraph (1) of this subsection, the member shall notify the board of directors of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 1996, or within six months after first becoming a member of this retirement system, whichever date is later. Upon such notice, the board of trustees of the Employees' Retirement System of Georgia shall verify the amount of allowable time to the board of trustees of this retirement system. If the requesting member has withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall certify the amount of employee contributions and regular interest thereon which had been credited to the member's account, and the member shall within six months after such certification pay such amount to the board of trustees of this retirement system, together with interest at the rate of 5 percent per annum to the date of payment. If the requesting member has not withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall transfer to the board of trustees of this retirement system the employee contributions together with regular interest thereon and shall refund to the member any employee contribution he or she paid to such retirement system for any creditable service not allowed by the retirement system. Upon receipt of such funds, the board of trustees of this retirement system shall credit the member with the number of years of creditable service so authorized. (b)(1) Any district attorney who is or becomes an active member of this retirement system pursuant to the provisions of Code Section 47-13-40 may receive creditable service for the number of years he or she would have contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262 but for the fact that he or she made the election not to become a member of such retirement system. (2) In order to obtain the creditable service as provided in paragraph (1) of this subsection, the member shall notify the board of directors of this retirement system and the board of trustees of this retirement system not later than December 31, 1996, or within six months after first becoming a member of this retirement system, whichever date is later, providing such evidence that he or she was eligible for membership

Page 730

in the Employees' Retirement System of Georgia as the board deems necessary. Within six months after such notification, the member shall pay to the board of trustees of this retirement system the employer and employee contributions which would have been paid by or on behalf of such member if he or she had elected to become a member of the Employees' Retirement System of Georgia, together with interest thereon at the rate of 5 percent per annum to the date of payment. (c) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has or may be obtained in any other state or local public retirement system. (d) No creditable service obtained pursuant to the provisions of this Code section shall be calculated in determining the minimum number of years of creditable service required for retirement pursuant to Article 6 of this chapter. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDIT FOR PRIOR SERVICE AS TEMPORARY FULL-TIME EMPLOYEE OF LEGISLATIVE BRANCH. Code Section 47-2-96.1 Enacted. Code Section 47-2-334 Amended. No. 829 (House Bill No. 1046). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain temporary full-time employment by the legislative branch of state government; to provide for a definition; to provide for employee contributions; to provide procedures for application for such credit; to provide for other matters relative to the

Page 731

foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-96, relating to credit for prior service, a new Code Section 47-2-96.1 to read as follows: 47-2-96.1. (a) As used in this Code section, `temporary full-time service' means employment by the legislative branch of the state government prior to January 1, 1996, on a full-time basis for less than nine months in any calendar year that did not qualify the employee to be a member of the retirement system. (b) Any member who was rendering temporary full-time service immediately prior to becoming a permanent full-time employee eligible for membership in the retirement system may obtain no more than five years of creditable service for such service on a month-for-month basis, subject to the following requirements: (1) One month of creditable service shall be granted for each 20 days of part-time service, not to exceed 12 months of creditable service for all part-time service rendered during any single calendar year, and provided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the part-time service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1997. (e) Nothing in this Code section shall be construed as to allow any former member of the General Assembly to obtain credit for prior legislative service.

Page 732

SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 47-2-334, relating to retirement benefits and requirements for members employed on or after a certain date, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Except as otherwise provided in Code Sections 47-2-96.1, 47-2-204, and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and. SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. BANKING AND FINANCE LOANS BY MEMBERS OF BUSINESS DEVELOPMENT CORPORATIONS; INTEREST RATES. Code Section 7-1-747 Amended. No. 830 (House Bill No. 1078). AN ACT To amend Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by members of business development corporations, so as to clarify the intention of the General Assembly; to provide that loans to business development corporations by members may bear interest at a rate of interest to be negotiated between said business development corporations and their members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 7-1-747 of the Official Code of Georgia Annotated, relating to loans by members of business development corporations, is amended by

Page 733

striking paragraph (e) and inserting in lieu thereof a new paragraph (e) to read as follows: (e) All member loans to the corporation shall be evidenced by bonds, debentures, notes, or other evidences of indebtedness of the corporation, which shall be freely transferable at all times and which shall bear interest at a rate of interest determined by the board of directors to be the prime rate prevailing at the date of issuance thereof on unsecured commercial loans plus one-fourth of 1 percent or less. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS DISTRICT ATTORNEYS' RETIREMENT SYSTEM; REPEAL OF CERTAIN RESTRICTIONS ON RETIRED MEMBERS; SUSPENSION OF BENEFITS DURING PERIOD OF SERVICE IN ANOTHER OFFICE. Code Section 47-13-70 Amended. No. 831 (House Bill No. 1088). 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 repeal certain restrictions on members retired under such system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-13-70 of the Official Code of Georgia Annotated, relating to eligibility for retirement benefits under the District Attorneys' Retirement System, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: (e) Any district attorney who retires under this chapter, while receiving retirement or disability benefits, shall be eligible for election or appointment to any other office of this state for which compensation is paid; provided, however, that all benefits provided pursuant to this chapter shall be suspended for any period a member serves in such office. After leaving such office, the member shall be again entitled to receive benefits calculated with any increases granted during the period of

Page 734

suspension, but in no event shall such member be entitled to payment of any benefits for the period of suspension. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COURTS TELEVISING, VIDEOTAPING, AND MOTION PICTURE FILMING OF JUDICIAL PROCEEDINGS; FACTORS TO BE CONSIDERED BY COURTS WHEN CONSIDERING REQUESTS; CERTAIN ACTIVITIES EXEMPTED; CONTEMPT POWERS OF COURTS. Code Section 15-1-4 Amended. Code Section 15-1-10.1 Enacted. No. 832 (House Bill No. 1122). AN ACT To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to change certain provisions relating to the contempt powers of the several courts; to prescribe standards to be considered by the courts in determining whether to grant requests for the televising, videotaping, or motion picture filming of judicial proceedings; to provide for related matters; to provide for applicability to all judicial proceedings held on or after July 1, 1996; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, is amended by striking subsection (a) of Code Section 15-1-4, relating to the contempt powers of the several courts, and inserting in its place a new subsection (a) to read as follows: (a) The powers of the several courts to issue attachments and inflict summary punishment for contempt of court shall extend only to cases of:

Page 735

(1) Misbehavior of any person or persons in the presence of such courts or so near thereto as to obstruct the administration of justice; (2) Misbehavior of any of the officers of the courts in their official transactions; (3) Disobedience or resistance by any officer of the courts, party, juror, witness, or other person or persons to any lawful writ, process, order, rule, decree, or command of the courts; (4) Violation of subsection (a) of Code Section 34-1-3, relating to prohibited conduct of employers with respect to employees who are required to attend judicial proceedings; and (5) Violation of a court order relating to the televising, videotaping, or motion picture filming of judicial proceedings. SECTION 2. Said chapter is further amended by adding after Code Section 15-1-10 a new Code Section 15-1-10.1 to read as follows: 15-1-10.1. (a) It is declared to be the purpose and intent of the General Assembly that certain standards be considered by the courts in determining whether to grant requests for the televising, videotaping, or motion picture filming of judicial proceedings. Such standards are intended to provide an evaluation of the impact on the public interest and the rights of the parties in open judicial proceedings, the impact upon the integrity and dignity of the court, and whether the proposed activity would contribute to the enhancement of or detract from the ends of justice. (b) In considering a request for the televising, videotaping, or motion picture filming of judicial proceedings, the court shall consider the following factors in determining whether to grant such request: (1) The nature of the particular proceeding at issue; (2) The consent or objection of the parties or witnesses whose testimony will be presented in the proceedings; (3) Whether the proposed coverage will promote increased public access to the courts and openness of judicial proceedings; (4) The impact upon the integrity and dignity of the court; (5) The impact upon the administration of the court; (6) The impact upon due process and the truth finding function of the judicial proceeding; (7) Whether the proposed coverage would contribute to the enhancement of or detract from the ends of justice;

Page 736

(8) Any special circumstances of the parties, victims, witnesses, or other participants such as the need to protect children or factors involving the safety of participants in the judicial proceeding; and (9) Any other factors which the court may determine to be important under the circumstances of the case. (c) The court may hear from the parties, witnesses, or other interested persons and from the person or entity requesting coverage during the court's consideration of the factors set forth in this Code section. (d) This Code section shall not apply to the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record. (e) The court in its discretion may grant requests made under this Code section for all or portions of judicial proceedings. SECTION 3. This Act shall apply to all judicial proceedings held on or after July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION EXEMPTIONS FROM REAL ESTATE TRANSFER TAX; DEEDS RESULTING FROM FORECLOSURE SALES. Code Section 48-6-2 Amended. No. 833 (House Bill No. 1174). AN ACT To amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, so as to provide an exemption with respect to certain deeds resulting from foreclosure sales; 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 48-6-2 of the Official Code of Georgia Annotated, relating to exemptions from the real estate transfer tax, is amended by adding a new paragraph immediately following paragraph (7) of subsection (a), to be designated paragraph (7.1), to read as follows:

Page 737

(7.1) The deed from the debtor to the first transferee at a foreclosure sale;. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. MOTOR VEHICLES AND TRAFFIC PEDESTRIANS; MUNICIPAL AND COUNTY ORDINANCES FOR ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS ON STREETS AND HIGHWAYS. Code Section 40-6-97 Amended. Code Section 40-6-97.1 Enacted. No. 834 (House Bill No. 1198). AN ACT To amend Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, so as to authorize municipal and county ordinances for the issuance of permits to certain charitable organizations for the solicitation of contributions on the streets and highways; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to rights and duties of pedestrians, is amended by striking in its entirety Code Section 40-6-97 and inserting in lieu thereof the following: 40-6-97. (a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) Except as provided in Code Section 40-6-97.1, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle. (c) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

Page 738

40-6-97.1. Municipal or county governments are authorized to adopt ordinances for the issuance of permits for the solicitation of contributions on streets and highways within the geographic jurisdiction of such government to charitable organizations registered in accordance with Code Section 43-17-5 and to charitable organizations exempt from such registration in accordance with Code Section 43-17-9. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION SALES AND USE TAX; EXEMPTION; SALES TO A NONPROFIT LICENSED IN-PATIENT HOSPICE. Code Section 48-8-3 Amended. No. 835 (House Bill No. 1241). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to exempt from sales and use taxes the sale of tangible personal property and services to a nonprofit licensed in-patient hospice under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking paragraph (7) in its entirety and inserting in lieu thereof a new paragraph (7) to read as follows: (7) Sales of tangible personal property and services to a nonprofit licensed nursing home, nonprofit licensed in-patient hospice, or a nonprofit general or mental hospital used exclusively by such nursing home, in-patient hospice, or hospital in performing a general nursing home, in-patient hospice, hospital, or mental hospital treatment function in this state when such nursing home, in-patient hospice, or hospital is a tax exempt organization under the Internal Revenue Code and obtains an exemption determination letter from the commissioner;. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 739

HEALTH SALES OF HOSPITALS OWNED BY POLITICAL SUBDIVISIONS OR HOSPITAL AUTHORITIES; PROCEEDS FROM SALES HELD IN TRUST; EXCEPTION. Code Section 31-7-75.1 Amended. No. 836 (House Bill No. 1283). AN ACT To amend Code Section 31-7-75.1 of the Official Code of Georgia Annotated, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, so as to provide for an exception to such requirement when the hospital purchaser by contract agrees to fund commensurate indigent care; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-7-75.1 of the Official Code of Georgia Annotated, relating to the requirement that proceeds from the sale of hospitals owned by political subdivisions or hospital authorities shall be held in trust for indigent care, is amended by striking subsection (d) and inserting in lieu thereof a new subsection (d) to read as follows: (d) This Code section shall not apply to the following actions: (1) A reorganization or restructuring; (2) Any sale of a hospital, or the proceeds from that sale, made prior to April 2, 1986; and (3) Any sale or lease of a hospital when the purchaser or lessee pledges, by written contract entered into concurrently with such purchase or lease, to provide an amount of hospital care equal to that which would have otherwise been available pursuant to subsections (a), (b), and (c) of this Code section for the indigent residents of the political subdivisions which owned the hospital, by which the hospital authority was activated, or for which the authority was created. However, the exception to this Code section provided by this paragraph shall only apply to: (A) Hospital authorities that operate a licensed hospital pursuant to a lease from the county which created the appropriate authority; and (B) Hospitals that have a bed capacity of more than 150 beds; and (C) Hospitals located in a county in which no other medical-surgical licensed hospital is located; and

Page 740

(D) Hospitals located in a county having a population of less than 45,000 according to the United States decennial census of 1990; and (E) Hospitals operated by a hospital authority that entered into a lease-purchase agreement between such hospital and a private corporation prior to July 1, 1997. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS STATE QUARTERMASTER CHANGED TO STATE PROPERTY AND FISCAL OFFICER; GROUNDS FOR REMOVAL OF COMMISSIONED OFFICERS OF ORGANIZED MILITIA; COMMANDING OFFICER'S AUTHORITY TO ADMINISTER NONJUDICIAL PUNISHMENT. Code Sections 38-2-153, 38-2-210, and 38-2-360 Amended. No. 837 (House Bill No. 1293). AN ACT To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, so as to change the name of the state quartermaster to the state property and fiscal officer; to change the qualifications for such office; to repeal certain provisions which authorize the United States property and fiscal officer for this state to be designated as the state quartermaster; to change the provisions relating to grounds for removal of commissioned officers of the organized militia; to change the provisions relating to a commanding officer's authority to administer nonjudicial punishment; to change the provisions relating to certain disciplinary punishments; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs, is amended by striking in its entirety Code Section 38-2-153, relating to the state quartermaster, and inserting in lieu thereof a new Code Section 38-2-153 to read as follows: 38-2-153. The adjutant general may appoint, designate, or detail, subject to the approval of the Governor, a person as the state property and fiscal officer, who shall, under the authority of the adjutant general, have

Page 741

charge of, issue, and be accountable for all state military property and shall make such property returns and reports of the same as the adjutant general may direct. He or she shall be under bond to the state for such amount as the Governor may deem necessary. The adjutant general shall fix the compensation of the state property and fiscal officer. SECTION 2. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 38-2-210, relating to the appointment and promotion of commissioned officers and grounds for removal, which reads as follows: (b) No commissioned officer of the organized militia shall be removed unless by reason of: (1) Resignation; (2) Approval of the findings of an efficiency board; (3) Approval of the findings of a medical examining board; (4) The sentence of a court-martial; or (5) Absence without leave for three months., and inserting in lieu thereof a new subsection (b) to read as follows: (b) Commissioned officers of the organized militia may be removed in accordance with the applicable laws of the United States and the provisions of this chapter and the regulations issued thereunder. SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 38-2-360, relating to a commanding officer's authority to administer nonjudicial punishment, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Under such regulations as may be issued pursuant to this chapter, any commanding officer, in addition to, or in lieu of, admonition or reprimand, may impose one of the following disciplinary punishments for minor offenses without the intervention of a court-martial: (1) Upon officers and warrant officers of his or her command: (A) Withholding of privileges for a period not to exceed two consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for a period not to exceed two consecutive weeks; or (C) If imposed by the Governor or by a general officer, fine or forfeiture of not more than one-half of one month's pay per month for two months; and

Page 742

(2) Upon other military personnel of his or her command: (A) Withholding of privileges for a period not to exceed two consecutive weeks; (B) Restriction to certain specified limits, with or without suspension from duty, for a period not to exceed two consecutive weeks; (C) Extra duties for a period not to exceed two consecutive weeks and not to exceed two hours per day, holidays included; (D) Reduction to the next inferior grade if the grade from which demoted was established by the command or an equivalent or lower command; (E) If imposed upon a person attached to or embarked on a vessel, confinement for a period not to exceed seven consecutive days; or (F) If imposed by an officer exercising special court-martial jurisdiction, fine or forfeiture of not more than one-half of one month's pay per month for two months. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. CRIMINAL PROCEDURE COUNTIES WHICH ARE MEMBERS OF REGIONAL JAIL AUTHORITIES; DUTIES AND POWERS OF COURTS AND JUDICIAL AND ARRESTING OFFICERS; HEARINGS AND COURTS OF INQUIRY; COMPELLING ATTENDANCE OF WITNESSES. Code Sections 17-4-25, 17-7-20, and 17-7-25 Amended. No. 838 (House Bill No. 1341). AN ACT To amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to change the provisions relating to the duties and powers of courts, judicial officers, and arresting officers in counties which are members of a regional jail authority; to provide additional authority, procedures, and methods of conducting hearings and courts of inquiry in counties which are members of regional jail authorities; to provide for conducting courts of inquiry outside the county in which the offense is alleged to have been committed or by the use of audio-visual communication; to change the provisions relating to compelling the attendance of witnesses; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.

Page 743

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 Code Section 17-4-25, relating to the power of an arresting officer to make arrests in any county, the duty to take arrested persons before a judicial officer, transportation costs, and holding or imprisonment in a county other than the one in which the offense was committed, a new subsection (c) to read as follows: (c) Should the county in which the offense is alleged to have been committed be a member of a regional jail authority created under Article 5 of Chapter 4 of Title 42, known as the `Regional Jail Authorities Act,' the arresting officer shall transport the prisoner to the regional jail. The judicial officer of the county in which the offense is alleged to have been committed may conduct the examination of the accused required by subsection (a) of this Code section in the county in which the offense is alleged to have been committed or in facilities available at the regional jail or by audio-visual communication between the two locations and between the accused, the court, the attorneys, and the witnesses. SECTION 2. Said title is further amended by striking Code Section 17-7-20, relating to persons who may hold courts of inquiry, and inserting in lieu thereof a new Code Section 17-7-20 to read as follows: 17-7-20. Any judge of a superior or state court, judge of the probate court, magistrate, or officer of a municipality who has the criminal jurisdiction of a magistrate may hold a court of inquiry to examine into an accusation against a person legally arrested and brought before him or her. The time and place of the inquiry shall be determined by such judicial officer. Should the county in which the offense is alleged to have been committed be a member of a regional jail authority created under Article 5 of Chapter 4 of Title 42, known as the `Regional Jail Authorities Act,' the judge may order the court of inquiry to be conducted alternatively in the county in which the offense is alleged to have been committed or in facilities available at the regional jail or by audio-visual communication between the two locations and between the accused, the court, the attorneys, and the witnesses. SECTION 3. Said title is further amended by striking Code Section 17-7-25, relating to the power of a court to compel attendance of witnesses, and inserting in lieu thereof a new Code Section 17-7-25 to read as follows:

Page 744

17-7-25. A court of inquiry shall have the same power to compel the attendance of witnesses as in other criminal cases, as set forth in and subject to all of the provisions of Chapter 10 of Title 24, at any location where the court shall conduct a hearing, provided that notice is given at least 24 hours prior to the hearing. A court of inquiry may order the arrest of witnesses if required to compel their attendance. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION AD VALOREM TAXATION OF PROPERTY; COLLECTION AND PAYMENT OF TAXES ON TANGIBLE PROPERTY IN INSTALLMENTS; TIME WHEN CERTAIN TAXES DUE AND PAYABLE. Code Section 48-5-23 Amended. No. 839 (House Bill No. 1364). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to revise and change certain provisions regarding the collection and payment of taxes on tangible property in installments; to change the time when certain taxes become due and payable; to provide for procedures and conditions; 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 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by striking Code Section 48-5-23, relating to collection and payment of taxes on tangible property in installments, and inserting in its place a new Code Section 48-5-23 to read as follows: 48-5-23. (a)(1) The governing authority of each county and of each municipal corporation is authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments. If the governing authority of any county or municipal corporation elects to provide for installment payments, any ad valorem taxes due the state,

Page 745

county, and county board of education or the municipality and any municipal board of education which are levied upon tangible property other than motor vehicles shall become due and payable as provided in this Code section. (2) The resolution or ordinance required pursuant to this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. Any governing authority of a county or municipal corporation electing to collect taxes in installments shall file with the commissioner a certified copy of the appropriate resolution or ordinance within ten days of its adoption. The resolution or ordinance shall continue in full force and effect in all subsequent tax years unless repealed by the governing authority of the respective county or municipal corporation, in which case the governing authority shall notify the commissioner of the repeal within ten days after such action is taken. (b)(1) Notwithstanding that the governing authority of any county or municipal corporation, pursuant to this Code section, provides for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments based on the fraction of taxes levied on the property for the preceding tax year, the governing authority of any county or municipal corporation is further authorized to provide by appropriate resolution or ordinance for the collection and payment of ad valorem taxes on tangible property other than motor vehicles in two installments with a single billing for the current tax year based on the current final tax digest as authorized by the commissioner pursuant to Code Section 48-5-345, or on a temporary digest authorized by the judge of superior court pursuant to Code Section 48-5-310. The resolution or ordinance required by this subsection shall be adopted by the governing authority of the county or municipal corporation on or before December 31 for the next succeeding tax year. The resolution or ordinance shall be filed with the commissioner and shall continue in full force and effect as provided in subsection (a) of this Code section. Notification of the repeal of the resolution or ordinance shall be made as provided in subsection (a) of this Code section. (2) Those taxes payable in installments and based on the current final tax digest as provided in this subsection shall be billed on July 1 or as soon as practical after the commissioner has issued an order authorizing the use of said digest for the collection of taxes or the issuance of an order from a judge of superior court for the temporary collection of taxes, whichever date is later. The first installment on such taxes shall be one-half of the entire amount due for the year and shall become due 60 days from the date of billing. The second installment on the taxes shall be one-half of the entire amount due for

Page 746

the year and shall become due on December 20. Each installment shall become delinquent on the day following its due date and, upon becoming delinquent, shall be subject to a penalty of 5 percent. That part of the entire amount of a tax bill due which is unpaid after December 20 shall be subject to interest at the rate specified in Code Section 48-2-40 from December 21 until paid. Paragraph (3) of subsection (e) of this Code section, relating to penalty and interest, shall not apply to installment payments authorized by this subsection. (c) For the purposes of subsection (a) of this Code section, taxes due and payable in installments on tangible property shall be as follows: (1) One-half of the taxes levied on the property for the preceding tax year shall be due and payable at the time specified in the resolution or ordinance for the first installment; and (2) The remaining taxes shall be due and payable on the final installment, which shall become due on December 20 of each year or 60 days from the date of billing, whichever comes later, shall be the total taxes due on the property for the current year after credit has been given for tax payments made in accordance with paragraph (1) of this subsection. (d) Nothing contained in this Code section shall be construed to impose any liability for the payment of any ad valorem taxes upon any person for property which was not owned on January 1 of the applicable tax year. (e)(1) This Code section shall apply to all persons required by law to make annual tax returns of all their property in this state to the commissioner. (2) The governing authority of each county and of each municipal corporation is authorized to collect taxes in accordance with the installment provisions of subsection (c) of this Code section even though no assessment has been placed on the subject tangible property for the tax year for which the installments are being collected. (3) Taxes not paid when due under any installment authorized pursuant to this Code section shall bear interest at the rate provided by law for unpaid ad valorem taxes from the due date of any such installment. Any taxes not paid in full by December 20 or 60 days from the date of billing, whichever comes later, of any year shall be subject to the penalties and interest provided by law. (f) The governing authority of each county may, pursuant to Code Section 48-5-150, provide for an earlier due date for the final installment authorized by this Code section. When the governing authority elects to establish an earlier due date, the final installment shall bear interest at

Page 747

the rate specified in Code Section 48-5-40 from the earlier date so established. 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 9, 1996. COURTS QUALIFICATIONS FOR JUDICIAL OFFICE; INELIGIBILITY AFTER REMOVAL FROM OFFICE. Code Section 15-1-13 Enacted. No. 840 (House Bill No. 1396). AN ACT To amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, so as to provide for an additional qualification for judicial office; 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 1 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions regarding courts, is amended by adding at the end a new Code section to read as follows: 15-1-13. (a) In addition to any other qualification for judicial office, if a person has been removed from any judicial office upon order of the Supreme Court after review, that person shall not be eligible to be elected or appointed to any judicial office in this state until seven years have elapsed from the time of such removal. (b) This Code section shall not apply with respect to any removal from office in which the order of the Supreme Court was entered prior to the effective date of this Code section.

Page 748

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 9, 1996. COURTS STATE COURT SOLICITORS AND SOLICITORS-GENERAL; COMPREHENSIVE REVISION OF RELATED PROVISIONS; SUPERIOR COURT AND STATE COURT CLERKS; FEES FOR CERTIFIED COPIES OF CERTAIN RECORDS PROHIBITED. Code Titles 15, 16, 17, 34, 38, 40, 42, 43, and 45 Amended. No. 841 (House Bill No. 1430). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to revise comprehensively the laws relating to solicitors of state courts; to repeal Code Section 15-7-24, relating to solicitors of state courts; to provide that fees shall not be charged by clerks of court for certified copies of certain records provided to solicitors, solicitors-general, district attorneys, and assistant district attorneys; to provide for editorial revisions; to enact a new Article 3 of Chapter 18 of Title 15, relating to solicitors-general of state courts; to provide that certain solicitors may choose to continue to use the designation of solicitor; to provide for applicability; to provide for the election of solicitors-general; to provide for vacancies; to authorize the General Assembly to provide by local law for the district attorney to serve as prosecutor in state court; to provide for an oath of office; to provide for the qualifications for the office of solicitor-general; to provide for rules governing the practice of law by solicitors-general; to provide for leaves of absence; to provide for the designation of solicitors-general pro tem; to provide for the duties and authority of solicitors-general; to provide for travel expenses; to provide for the payment of the costs of appeals; to provide for the duties and authority of chief assistant solicitors-general; to provide for staff; to provide qualifications, duties, powers, and oaths of assistant solicitors-general and investigators; to provide for the payment of expenses; to provide for sanctions; to provide for immunity from certain liability; to provide for liability insurance; to amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to provide for editorial revisions; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to provide for editorial revisions; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to

Page 749

provide for editorial revisions; to amend Title 34 of the Official Code of Georgia Annotated, relating to labor, so as to provide for editorial revisions; to amend Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, so as to provide for editorial revisions; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for editorial revisions; to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide for editorial revisions; to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for editorial revisions; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for editorial revisions; to provide that any reference to the solicitor of the state court shall be deemed to refer to the solicitor-general of state court; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-7-24, relating to solicitors of state courts, in its entirety and inserting in lieu thereof the following: 15-7-24. Reserved. SECTION 1A. Said title is further amended by adding a new Code Section 15-1-13 to read as follows: 15-1-13. No clerk of any superior court or state court shall charge any fee for providing any certified copy of any record or portion thereof requested by a solicitor, solicitor-general, district attorney, or assistant district attorney for use in any criminal case. SECTION 2. Said title is further amended by adding a new Article 3 at the end of Chapter 18 to read as follows: ARTICLE 3 15-18-60. (a)(1) Except as otherwise provided in this article, there shall be a solicitor-general of each state court who shall be elected for a four-year term and commissioned by the Governor as provided by law. This

Page 750

chapter shall not apply to a city court where the judges or solicitor is appointed by the mayor of a city. (2) Except as provided in paragraph (3) of this subsection or subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article shall become the solicitor-general of such court by operation of law and shall serve for the remainder of the term for which he or she was elected or appointed. (3) Except as provided in subsection (c) of this Code section, any person holding the office of solicitor of a state court on the effective date of this article may elect to continue to be styled as the solicitor of such court for so long as such person continues to hold such office. Such election shall be made in writing within 30 days following the effective date of this article by filing a notice of such election with the clerk of the state court and the superintendent of elections for such county or counties. Such election shall remain in effect either until such person withdraws such election in writing subsequently, which withdrawal shall be irrevocable, or until such person ceases to serve as solicitor, whichever occurs first, at which time paragraph (2) of this subsection shall become effective. It shall be the duty of the superintendent of elections to furnish a copy of the notice of such election with the Secretary of State within 30 days of receiving the same. This paragraph shall be repealed on January 1 of the year following the effective date of this article unless at least one solicitor files a notice of election as provided in this paragraph. (b) In the event of a vacancy in the office of solicitor-general of the state court for any reason except the expiration of the term of office, the Governor shall appoint a qualified person who shall serve as provided in Article VI, Section VII, Paragraphs III and IV of the Constitution. (c)(1) The General Assembly may by local law provide that the district attorney of the judicial circuit shall represent the state in all criminal prosecutions brought in a state court in lieu of creating a separate solicitor-general for the state court. (2) Except as otherwise specifically provided in Article 1 of this chapter, such district attorney shall have the same duties and authority under this article as any solicitor-general. (3) The county governing authority may supplement the compensation and fringe benefits of the district attorney and any personnel of the district attorney who support the prosecution of criminal cases in the state court of such county. (4) Notwithstanding any other provision of law, if the General Assembly has provided by local law for an assistant district attorney to be designated or appointed as solicitor of a state court, such power, duty,

Page 751

and authority to prosecute in the state court is vested in the district attorney of the judicial circuit in which such county is located, as provided in this subsection. The provisions of this article shall not affect the compensation of an assistant district attorney previously designated as a solicitor of a state court so long as such assistant is assigned to prosecute criminal cases in the state court. (d) The General Assembly may by local law authorize a solicitor-general of state court to represent the state in more than one county within a judicial circuit. The solicitor-general of a multicounty state court shall be selected as provided by local law. 15-18-61. In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the solicitor-general shall take and subscribe to the following oath: `I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as solicitor-general of (here state the county) County.' 15-18-62. Except as provided in subsection (c) of Code Section 15-18-60, each solicitor-general of the state court must: (1) Upon taking office, permanently reside within the judicial circuit containing the geographic area in which such person shall serve; (2) Be at least 25 years of age; and (3) Have been admitted and licensed to practice law in the State of Georgia for at least three years. 15-18-63. (a) The General Assembly by local law shall determine whether the solicitor-general shall be a full-time or part-time solicitor-general. (b) A full-time solicitor-general of the state court or any full-time employees of the solicitor-general may not engage in the private practice of law. (c) A part-time solicitor-general of the state court and any part-time assistant solicitor-general may engage in the private practice of law, but may not practice in such solicitor-general's state court or appear in any matter in which that solicitor-general has exercised jurisdiction. 15-18-64. (a) The solicitor-general and employees of any such solicitor-general shall be entitled to a leave of absence from court to participate in

Page 752

continuing education programs as provided in Code Section 15-1-11 and Article 2 of this chapter. (b)(1) Any solicitor-general of a state court who is performing ordered military duty, as defined in Code Section 38-2-279, shall be eligible for reelection in any election, primary or general, which may be held to elect a successor for the next term of office and may qualify in absentia as a candidate for reelection to such office. (2) Where the giving of written notice of candidacy is required, any solicitor-general of a state court who is performing ordered military duty may deliver such notice by mail or messenger to the proper elections official. Any other act required by law of a candidate for public office may, during the time such official is on ordered military duty, be performed by an agent designated by the absent public official. 15-18-65. (a) When a solicitor-general is disqualified from interest or relationship to engage in the prosecution of a particular case or cases, such solicitor-general may notify the Attorney General of the disqualification. Upon receipt of such notification, the Attorney General shall request the services of and thereafter appoint a solicitor-general, a district attorney, or other competent attorney to act in place of the solicitor-general. The appointment of the solicitor-general pro tempore shall specify in writing the name of the case or cases to which such appointment shall apply. (b) A private attorney acting as solicitor-general pro tempore pursuant to subsection (a) of this Code section shall be duly sworn and subject to all laws governing prosecuting attorneys. Such solicitor-general pro tempore shall be compensated in the same manner as appointed counsel in the county. (c) A solicitor-general of another county or a district attorney who is designated as a solicitor-general pro tempore or any assistant designated by such solicitor-general pro tempore to prosecute such case or cases shall not receive any additional compensation for such services; provided, however, that the actual expenses incurred by the solicitor-general pro tempore or members of the solicitor-general pro tempore's staff shall be reimbursed by the county in which said solicitor-general or district attorney is acting as solicitor-general pro tempore at the same rate as provided in Code Section 15-18-12 for district attorneys. 15-18-66. (a) The duties of the solicitors-general within their respective counties are: (1) To attend each session of the state court when criminal cases are to be heard unless excused by the judge thereof and to remain until the business of the state is disposed of;

Page 753

(2) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; (3) To file accusations on such criminal cases deemed prosecutable and, subject to paragraph (10) of subsection (b) of this Code section, to prosecute all accused offenses; (4) To attend before the appellate courts when any criminal case in which the solicitor-general represents the state is heard, to argue the same, and to perform any other duty therein which the interest of the state may require; and (5) To perform such other duties as are or may be required by law or which necessarily appertain to their office. (b) The authority of the solicitors-general shall include but is not limited to the following: (1) To review and, if necessary, investigate all criminal cases which may be prosecuted in state court; (2) When authorized by law, to represent the interests of the state in all courts of inquiry within the county in any matter wherein misdemeanor offenses are heard; (3) When authorized by the local governing authority, to be the prosecuting attorney of any municipal court, recorders court, or probate court; (4) When authorized by law, to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise specially provided for; (5) To reduce to judgment any fine, forfeiture, or restitution imposed by the state court as part of a sentence in a criminal case or forfeiture of a recognizance which is not paid in accordance with the order of the court. The solicitor-general may institute such civil or criminal action in the courts of this state or of the United States or any of the several states, to enforce said judgment against the property of the defendant; (6) To prosecute on behalf of the state any criminal action which is removed from the state court to a United States district court pursuant to Chapter 89 of Title 28 of the United States Code. The expenses incurred by the solicitor-general as actual costs in the prosecution of any such case shall be paid by the county; (7) To represent the state or any officer or agent of the county in a superior court in any habeas corpus action arising out of any criminal proceeding in the state court, except in those cases in which the commissioner of public safety is named as a party;

Page 754

(8) At the request of any district attorney or solicitor-general, to prosecute or assist in the prosecution of any criminal or civil action and when acting in such capacity a solicitor-general shall have the same authority and power as the requesting prosecutor; (9) To request and utilize the assistance of any solicitor-general, assistant solicitor-general, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal or civil action; (10) To enter a nolle prosequi on any accusation, citation, or summons filed and pending or on any indictment pending in the state court as provided by law. No accusation, citation, or summons shall be considered filed unless such filing has been done with the consent, direction, or approval of the solicitor-general. Further, no notice of arraignment shall be given prior to such filing without the solicitor-general's consent, direction, or approval. Prior to the filing of an accusation, citation, or summons, the solicitor-general shall have the same authority and discretion as district attorneys over criminal cases within their jurisdiction; (11) To request the magistrate to schedule within a reasonable time a preliminary probable cause hearing in any pending misdemeanor case prior to the filing of an accusation and to represent the interests of the state at such hearing; and (12) To exercise such authority as may be permitted by law or which necessarily appertains to their office. (c) The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power granted to a solicitor-general by local Act. 15-18-67. Reserved. 15-18-68. Unless otherwise provided by law, the solicitor-general and county paid personnel employed by the solicitor-general shall be entitled to be reimbursed for actual expenses incurred in the performance of their official duties in the same manner and rate as other county employees. 15-18-69. The bill of costs or filing fees of any appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by the solicitor-general shall be paid by the state as provided in Code Section 15-18-13.

Page 755

15-18-70. (a) In any solicitor-general's office in which the solicitor-general is authorized to employ two or more assistant solicitors-general, the solicitor-general may designate in writing an assistant solicitor-general as the chief assistant solicitor-general. In addition to such assistant solicitor-general's other duties, the chief assistant solicitor-general shall have such administrative and supervisory duties as may be assigned by the solicitor-general. (b)(1) If the solicitor-general is unable to perform the duties of the office because of physical or mental disability, the chief assistant solicitor-general shall have the same powers, duties, and responsibilities as the solicitor-general. Said authority shall terminate upon the incumbent solicitor-general's resuming the duties of said office. Any question of fact concerning the disability of a solicitor-general shall be determined by the superior court sitting without a jury in the same manner and subject to the same procedures as is provided by Article V, Section IV of the Georgia Constitution for elected constitutional executive officers. (2) If the solicitor-general shall be temporarily absent from the county such that he or she is not available to perform the duties of said office, the solicitor-general may authorize, in writing, the chief assistant solicitor-general to exercise any of the powers, duties, and responsibilities of the solicitor-general during such absence. (3) If the solicitor-general shall be absent for a period of more than 30 days as a result of ordered military duty, as defined in Code Section 38-2-279, or as a result of a disability as provided in paragraph (1) of this subsection, the chief assistant solicitor-general shall be designated as the acting solicitor-general. If no chief assistant solicitor-general has been designated by the solicitor-general, the solicitor-general shall designate a chief assistant solicitor-general prior to entering ordered military duty. Should the solicitor-general fail to designate a chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall be designated the acting solicitor-general. The designation of an acting solicitor-general shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. If there are no assistant solicitors-general, a solicitor-general pro tempore shall be appointed as provided in Code Section 15-18-65. The designation shall terminate upon the solicitor-general's release from ordered military duty or upon the solicitor-general's resuming the duties of said office as provided in paragraph (1) of this subsection. (4) An acting solicitor-general, upon assuming the office, shall be compensated at the same rate as is authorized by general or local law

Page 756

for the solicitor-general. The acting solicitor-general shall retain such other benefits and emoluments as an assistant solicitor-general, including, but not limited to, membership in any retirement system which such assistant was a member of at the time of the appointment as acting solicitor-general. (5) The acting solicitor-general shall be authorized to appoint an additional assistant solicitor-general who shall be compensated in the same manner and from the same source or sources as the acting solicitor-general was compensated prior to being designated acting solicitor-general. Said appointment shall terminate upon the solicitor-general's resuming the duties of the office. 15-18-71. (a) The solicitor-general of a state court may employ such additional assistant solicitors-general, or other attorneys, investigators, paraprofessionals, clerical assistants, victim and witness assistance personnel, and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the county. The solicitor-general shall define the duties and fix the title of any attorney or other employee of the solicitor-general's office. (b) Personnel employed by the solicitor-general pursuant to this Code section shall be compensated by the county, the manner and amount of compensation to be paid to be fixed either by the solicitor-general with the approval of the governing authority of the county or as provided for by local Act. (c) All appointments of assistant solicitors-general and investigators pursuant to this Code section shall be in writing. (d) All assistant solicitors-general and investigators shall, in addition to any oath prescribed by Chapter 3 of Title 45, take and subscribe to the following oath: `I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as (assistant solicitor-general or investigator) of (here state the county) County.' which shall be filed in accordance with Chapter 3 of Title 45. 15-18-72. (a) Except as provided in Code Section 35-9-15, relating to cross designation of law enforcement officers and prosecuting attorneys, any assistant solicitor-general, or other attorney at law employed by the solicitor-general shall be a member in good standing of the State Bar of Georgia, admitted to practice before the appellate courts of this state, shall serve at the pleasure of the solicitor-general, and shall have such authority, powers, and duties as may be assigned by the solicitor-general.

Page 757

(b) Any investigator employed by the solicitor-general's office who is authorized by the solicitor-general and by Article 4 of Chapter 11 of Title 16, relating to firearms, to carry weapons or authorized by local law to exercise any of the powers of a peace officer of this state shall meet the requirements of Chapter 8 of Title 35 and shall serve at the pleasure of the solicitor-general. (c) Subject to the provisions of Chapter 19 of Title 45, relating to employment practices of public officials and agencies, the solicitor-general shall, unless otherwise provided by local law, establish the qualifications of all other personnel employed in the solicitor-general's office. 15-18-73. (a) Except as provided in subsection (b) of this Code section, the governing authority of the county shall provide all offices, utilities, equipment, telephone expenses, legal costs, transcripts, materials, and supplies as may be necessary for the solicitor-general to perform the duties and obligations of such office in an orderly and efficient manner. (b) The Prosecuting Attorneys' Council of the State of Georgia may, to the extent that funds or other resources are available to the council for such purpose, provide such additional equipment or services as may be requested by the solicitors-general. 15-18-74. (a) If a solicitor-general fails to carry out the duties of office as provided in subsection (a) of Code Section 15-18-66 without just cause, the solicitor-general shall be liable to rule as are attorneys at law. (b) If a solicitor-general fails to attend court as required by law without just cause, the solicitor-general is liable to be fined $50.00 for each failure, to be retained out of the solicitor-general's salary. (c) Solicitors-general of state courts and their staff shall be entitled to immunity from private suit for actions arising from the performance of their official duties to the same extent as district attorneys. (d) The Prosecuting Attorneys' Council of the State of Georgia is authorized to purchase policies of liability insurance or contracts of indemnity or to participate in the state insurance and indemnification program established pursuant to Chapter 9 of Title 45 on behalf of the solicitors-general of the state courts and their staffs when engaged in the performance of their official duties. The council shall pay any premiums out of such funds as may be available for the support of the district attorneys and solicitors-general of this state. SECTION 3. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 15-18-14, relating to assistant district attorneys, in its

Page 758

entirety and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor-general or assistant solicitor-general of a state court or as a solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; a person who serves as an attorney employed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a person who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; a person who serves on a full-time basis as an attorney employed by the Prosecuting Attorneys' Council of the State of Georgia; a person who serves on a full-time contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act,' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22. SECTION 4. Said chapter is further amended by striking paragraph (2) of subsection (c) of Code Section 15-18-22, relating to use of third-year law students as legal assistants in criminal proceedings, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `District attorney' means any district attorney of this state, the Attorney General, the director of the Prosecuting Attorneys' Council of the State of Georgia, or any solicitor-general of a state court or any assistants of such officers. SECTION 5. Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-18-41, relating to composition of the Prosecuting Attorneys' Council, in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The council shall be composed of nine members, six of whom shall be district attorneys and three of whom shall be solicitors or solicitors-general of courts of record. (b) The initial six district attorney members of the council shall be selected with two members being appointed for a term of four years, two

Page 759

members being appointed for a term of three years, and two members being appointed for a term of two years. The initial three solicitor or solicitor-general members shall be selected with one member being appointed for a term of three years and one member being appointed for a term of two years. SECTION 6. Said chapter is further amended by striking Code Section 15-18-43, relating to the eligibility of members of the council to hold office, in its entirety and inserting in lieu thereof a new Code Section 15-18-43 to read as follows: 15-18-43. Notwithstanding any other provision of law, no councilmember shall be ineligible to hold the office of district attorney, solicitor-general, district attorney emeritus, or solicitor general emeritus by virtue of his or her position as a member of the council. SECTION 7. Said chapter is further amended by striking Code Section 15-18-45, relating to authorization of the council to conduct or approve training programs, in its entirety and inserting in lieu thereof a new Code Section 15-18-45 to read as follows: 15-18-45. The council shall be authorized to conduct or approve for credit or reimbursement, or both, basic and continuing legal education courses or other appropriate training programs for the district attorneys, solicitors-general, and other prosecuting attorneys of this state and the members of the staffs of such officials. The council, in accordance with such rules as it shall adopt, shall be authorized to provide reimbursement, in whole or in part, for the actual expenses incurred by any district attorney, solicitor-general, or other prosecuting attorney of this state or any member of the staffs of such officials in attending any such approved course or training program from such funds as may be appropriated or otherwise made available to the council. Notwithstanding any other provision of law, such officials and members of their staffs shall be authorized to receive reimbursement for actual expenses incurred in attending approved courses or training programs, provided that no person shall be entitled to claim reimbursement under both this Code section and Code Section 15-18-12. The council shall adopt such rules governing the approval of courses and training programs for credit or reimbursement as may be necessary to administer this Code section properly. SECTION 8. Said chapter is further amended by striking Code Section 15-18-46, relating to prohibited activities, in its entirety and inserting in lieu thereof a new Code Section 15-18-46 to read as follows:

Page 760

15-18-46. Anything in this article to the contrary notwithstanding, the Prosecuting Attorneys' Council of the State of Georgia may not exercise any power, undertake any duty, or perform any function assigned by law to the Governor of this state, the Attorney General, any district attorney, or any solicitor or solicitor-general of any court of record in this state. SECTION 9. Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, is amended by striking subsection (b) of Code Section 5-6-45, relating to operation of notice of appeal as supersedeas in criminal cases, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) If the defendant is a corporation which has been convicted as provided in Code Section 17-7-92, the presiding judge, on the motion of the defendant, prosecuting attorney, or on its own motion, may order that supersedeas be conditioned upon the posting of a supersedeas bond. Said order may be entered either before or after the filing of a motion for a new trial or notice of appeal. The bond shall be in an amount prescribed by the presiding judge, with security approved by the clerk, conditioned upon the defendant's appearance, by and through a corporate officer, agent, or attorney at law, to satisfy the judgment, together with all costs and interest. If the corporation fails to make the bond as ordered, the prosecuting attorney or other proper officer may use any and all lawful process and procedures available to enforce and collect the judgment. Should final judgment be entered in favor of the defendant, the presiding judge shall order a refund of all amounts collected in satisfaction of the judgment. The State of Georgia, and its political subdivisions, district attorney, solicitor-general, sheriff, marshal, all other proper officers, and all agents and employees of the aforementioned persons shall be immune from all civil liability for acts and attempts to enforce and collect a judgment under this subsection. SECTION 10. Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by striking subparagraph (a)(2)(B) of Code Section 16-9-20, relating to deposit account fraud, in its entirety and inserting in lieu thereof a new subparagraph to read as follows: (B) The form of notice shall be substantially as follows: `You are hereby notified that the following instrument(s) Number Date Amount Name of Bank _____ _____ _____ _____ _____ _____ _____ _____

Page 761

_____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ drawn upon _____ and payable to _____, (has) (have) been dishonored. Pursuant to Georgia law, you have ten days from receipt of this notice to tender payment of the total amount of the instrument(s) plus the applicable service charge(s) of $_____, the total amount due being _____ dollars and _____ cents. Unless this amount is paid in full within the specified time above, a presumption in law arises that you delivered the instrument(s) with the intent to defraud and the dishonored instrument(s) and all other available information relating to this incident may be submitted to the magistrate for the issuance of a criminal warrant or citation or to the district attorney or solicitor-general for criminal prosecution.'; or SECTION 11. Said title is further amended by striking subsection (c) of Code Section 16-11-127, relating to carrying deadly weapons to or at public gatherings, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors-general, and district attorneys may carry pistols in publicly owned or operated buildings. SECTION 12. Said title is further amended by striking paragraph (5.1) of subsection (a) of Code Section 16-11-130, relating to exemptions from certain prohibitions concerning carrying a weapon, in its entirety and inserting in lieu thereof a new paragraph (5.1) to read as follows: (5.1) State court solicitors-general; investigators employed by and assigned to a state court solicitor-general's office; assistant state court solicitors-general; the corresponding personnel of any city court expressly continued in existence as a city court pursuant to Article VI, Section X, Paragraph I, subparagraph (5) of the Constitution; and the corresponding personnel of any civil court expressly continued as a civil court pursuant to said provision of the Constitution; SECTION 13. Said title is further amended by striking subsection (g) of Code Section 16-13-32, relating to transactions in drug related objects, in its entirety and inserting in lieu thereof a new subsection (g) to read as follows:

Page 762

(g) Any instruments, devices, or objects which are seized after July 1, 1980, on condemnation as being distributed or possessed in violation of this Code section and which are not made the subject of prosecution under this Code section may be destroyed by the state or any county or municipality thereof if within 90 days after such seizures are made, the district attorney or the solicitor-general of any court that has jurisdiction to try misdemeanors in the county where the seizure occurred shall institute condemnation proceedings in the court by petition, a copy of which shall be served upon the owner of the seized items, if known; and if the owner is unknown, notice of such proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. The petition shall allege that the seized items were distributed or possessed in violation of this Code section; and, if no defense is filed within 30 days from the filing of the petition, judgment by default shall be entered by the court at chambers, and the court shall order the seized items to be destroyed; otherwise, the case shall proceed as other civil cases in the court. Should the state prove, by a preponderance of the evidence, that the seized items were distributed or possessed in violation of this Code section, the court shall order the seized items to be destroyed. SECTION 14. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking subsection (d) of Code Section 17-7-71, relating to trials of misdemeanors, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) An accusation substantially complying with the following form shall in all cases be sufficient: IN THE __________ COURT OF __________ COUNTY STATE OF GEORGIA On behalf of the people of the State of Georgia, the undersigned, as prosecuting attorney for the county and state aforesaid, does hereby charge and accuse (name of accused) with the offense of; for that the said (name of accused) (state with sufficient certainty the offense and the time and place it occurred) contrary to the laws of this state, the good order, peace, and dignity thereof. /s/__________ (District attorney) (Solicitor-general) SECTION 15. Said title is further amended by striking paragraph (5) of subsection (b) of Code Section 17-10-30, relating to the procedure for imposition of the death penalty generally, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:

Page 763

(5) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or solicitor-general was committed during or because of the exercise of his or her official duties; SECTION 16. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 17-15-4, relating to powers of the Georgia Crime Victims Compensation Board, in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) To request from the Attorney General, the Department of Public Safety, the Georgia Bureau of Investigation, district attorneys, solicitors-general, judges, county and municipal law enforcement agencies, and any other agency or department such assistance and data as will enable the board to determine the needs state wide for victim compensation and whether, and the extent to which, a claimant qualifies for an award. Any person, agency, or department listed in this paragraph is authorized to provide the board with the information requested upon receipt of a request from the board. Any provision of law providing for confidentiality of records does not apply to a request of the board pursuant to this Code section; provided, however, that the board shall preserve the confidentiality of any such records received; SECTION 17. Said title is further amended by striking paragraph (10) of Code Section 17-17-3, relating to definitions relative to the Crime Victims' Bill of Rights, in its entirety and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Prosecuting attorney' means the district attorney, the solicitor-general of a state court or the solicitor of any other court, the Attorney General, a county attorney opposing an accused in a habeas corpus proceeding, or the designee of any of these. SECTION 18. Title 34 of the Official Code of Georgia Annotated, relating to labor, is amended by striking Code Section 34-2-14, relating to the authorization to establish and administer pretrial intervention programs, in its entirety and inserting in lieu thereof the following: 34-2-14. The Georgia Department of Labor shall have the authorization to enter into agreements with district attorneys and solicitors-general of the several judicial circuits of this state for the purpose of establishing pretrial intervention programs in such judicial circuits. The Georgia

Page 764

Department of Labor shall be authorized to administer all such programs pursuant to said agreement. SECTION 19. Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended by striking subsection (c) of Code Section 38-2-274, relating to unlawful conversion of military property, in its entirety and inserting in lieu thereof a new subsection (c) to read as follows: (c) No judge, district attorney, solicitor-general, sheriff, court clerk, or other peace officer shall require the payment of any fees, court costs, or charges of any nature for any warrant obtained by the prosecutor for the unlawful conversion of military property. SECTION 20. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (h) of Code Section 40-8-5, relating to penalties for alteration of an odometer, in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (h)(1) If any person violates any provision of this Code section, the Attorney General, any district attorney in this state, or any solicitor-general in this state may bring an action in any superior court or state court having jurisdiction to restrain such violation. SECTION 21. Said title is further amended by striking subsection (c) of Code Section 40-13-21, relating to the general powers of the probate and municipal courts in traffic misdemeanor trials, in its entirety and inserting in lieu thereof the following: (c) In any traffic misdemeanor trial, a judge of the probate court, upon his or her own motion, may request the assistance of the district attorney of the circuit in which the court is located or solicitor-general of the state court of the county to conduct the trial on behalf of the state. If, for any reason, the district attorney or solicitor-general is unable to assist, the district attorney or solicitor-general may designate a member of his or her staff to conduct the trial on behalf of the state. SECTION 22. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by striking paragraph (5) of subsection (a) of Code Section 42-5-85, relating to leave privileges of inmates serving murder sentences, in its entirety and inserting in lieu thereof the following: (5) The murder of a judicial officer, former judicial officer, district attorney or solicitor-general, or former district attorney, solicitor, or

Page 765

solicitor-general was committed during or because of the exercise of his or her official duties; SECTION 23. Said title is further amended by striking Code Section 42-8-80, relating to establishment and operation of pretrial release and diversion programs, in its entirety and inserting in lieu thereof a new Code Section 42-8-80 to read as follows: 42-8-80. The Department of Corrections shall be authorized to establish and operate pretrial release and diversion programs as rehabilitative measures for persons charged with misdemeanors and felonies for which bond is permissible under the law in the courts of this state prior to conviction; provided, however, that no such program shall be established in a county without the unanimous approval of the superior court judges, the district attorney, the solicitor-general where applicable, and the sheriff of such county. The Board of Corrections shall promulgate rules and regulations governing any pretrial release and diversion programs established and operated by the department and shall grant authorization for the establishment of such programs based on the availability of sufficient staff and resources. SECTION 24. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (b) of Code Section 43-47-21, relating to penalties for violations of the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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-general, 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. SECTION 25. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by striking subsection (a) of Code

Page 766

Section 45-5-6, relating to investigation of a public official by special commission upon indictment, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term `public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor-general of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney. SECTION 26. Said title is further amended by striking subsection (a) of Code Section 45-5-6.1, relating to suspension and vacation of office of public officials convicted of felonies, and inserting in lieu thereof a new subsection (a) to read as follows: (a) As used in this Code section, the term `public official' means any elected county officer; any elected member of a county governing authority; any elected member of a city-county consolidated government; any member of a county, area, or independent board of education; any school superintendent of a county, area, or independent school system; any solicitor-general of a state court; any elected member of any municipal governing authority; any member of the Public Service Commission; and any district attorney. SECTION 27. Notwithstanding any other provision of law, an Act approved February 11, 1854 (Ga. L. 1854, p. 281), which abolished the office of solicitor of the City Court of Savannah, now the State Court of Chatham County, and transferred responsibility for the prosecution of criminal cases in said court to the solicitor general (now the district attorney) for the Eastern Judicial Circuit is confirmed. It shall be the duty of said district attorney to prosecute all criminal actions in said state court until otherwise specifically provided by law. SECTION 28. The provisions of this Act shall not affect the powers, duties, or responsibilities of the district attorney as successor to the office of solicitor general under the constitution, statutes, and common law of this state as provided by Code Section 15-18-1. SECTION 29. Except as otherwise authorized in this Act, on and after July 1, 1996, any reference in general law or in any local Act to the solicitor of a state court

Page 767

shall mean and shall be deemed to mean the solicitor-general of such state court. SECTION 30. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1996. (b) The provisions of paragraph (3) of Code Section 15-18-62, relating to the qualifications for the office of solicitor-general of a state court, shall apply to any person elected or appointed to such office after July 1, 1996. Any person holding such office on July 1, 1996, may continue to hold such office for the remainder of the term to which such person was elected or appointed notwithstanding the fact that such person has not been a member of the State Bar of Georgia for three years if such person is otherwise qualified to hold the office of solicitor-general. SECTION 31. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. INSURANCE CONCELLATION OR NONRENEWAL OF AUTOMOBILE, MOTORCYCLE, AND PROPERTY INSURANCE POLICIES; TERMINATION OF AGENCY RELATIONSHIP AS REASON FOR NONRENEWAL; EFFECT ON CONTRACTUAL RIGHTS OF TERMINATED AGENCY OR INSURER; FROM OF NOTICE OF NONRENEWAL. Code Sections 33-24-45 and 33-24-46 Amended. No. 842 (House Bill No. 1439). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions applicable to insurance generally, so as to change certain provisions relating to the cancellation or nonrenewal of automobile or motorcycle policies and the cancellation or nonrenewal of certain property insurance policies; to change certain provisions relating to termination of an agency relationship as a valid reason for failure to renew a policy; to provide that certain provisions shall not abridge or supersede contractual rights of the terminated agency or the insurer, provided that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer; to change the form of the notice of nonrenewal based upon the termination of an agency relationship; to repeal conflicting laws; and for other purposes.

Page 768

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 applicable to insurance generally, is amended by striking in its entirety paragraph (6) of subsection (e) of Code Section 33-24-45, relating to the cancellation or nonrenewal of automobile or motorcycle policies, and inserting in lieu thereof a new paragraph (6) to read as follows: (6)(A) Notwithstanding paragraph (3) of this subsection, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to retain the policy with the particular insurer, the insured shall locate another agent of the insurer and apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. Nothing in this subparagraph shall abridge or supersede contractual rights of the terminated agency or the insurer, provided that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer. (B) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of subparagraph (A) of this paragraph, in substantially the form which follows: `NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-45 of the Official Code of Georgia Annotated provides that if you will locate another agent of this insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.' SECTION 2. Said article is further amended by striking in its entirety subsection (m) of Code Section 33-24-46, relating to the cancellation or nonrenewal of certain property insurance policies, and inserting in lieu thereof a new subsection (m) to read as follows: (m)(1) Notwithstanding subsection (j) of this Code section, the termination of an agency relationship shall be valid as a reason for a failure to renew a policy. In such case, if the named insured wishes to

Page 769

retain the policy with the particular insurer, the insured shall locate another agent of the insurer and apply for the policy with another agent of the insurer before the time at which the nonrenewal becomes effective. Upon receipt of the application, the insurer shall treat the application as a renewal and not as an original writing. Nothing in this paragraph shall abridge or supersede contractual rights of the terminated agency or the insurer, provided that these contractual rights do not adversely affect the privilege of the named insured to apply for renewal through another agent of the insurer. (2) A notice of nonrenewal based upon the termination of an agency relationship shall contain the provisions of paragraph (1) of this subsection, in substantially the form which follows: `NOTICE Your policy has not been renewed because your present agent no longer represents this insurer. You have the option of procuring coverage through your present agent or retaining this policy by applying through another agent of this insurer. Code Section 33-24-46 of the Official Code of Georgia Annotated provides that if you will locate another agent of the insurer and apply for this policy before the time at which the nonrenewal becomes effective, this insurer will treat the application as a renewal and not as an application for a new policy.' SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. PUBLIC OFFICERS AND EMPLOYEES VOLUNTARY DEDUCTIONS FROM WAGES OR SALARIES OF STATE EMPLOYEES FOR BENEFIT OF CHARITABLE ORGANIZATIONS; CERTAIN DEFINITIONS CHANGED. Code Section 45-20-51 Amended. No. 843 (House Bill No. 1454). AN ACT To amend Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, so as to revise and change certain definitions regarding such deductions; to repeal conflicting laws; and for other purposes.

Page 770

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to voluntary deductions from wages or salaries of state employees for benefit of charitable organizations, is amended by striking Code Section 45-20-51, relating to definitions regarding such deductions, and inserting in its place a new Code Section 45-20-51 to read as follows: 45-20-51. As used in this article, the term: (1) `Agency' means any agency, as defined in Code Section 45-20-2, which has full-time paid state employees and, in addition thereto, shall include the board of regents, all units of the university system, public authorities, and public corporations. (2) `Charitable organization' means any voluntary health, welfare, educational, or environmental restoration or conservation agency that is: (A) A private, self-governing, nonprofit organization chartered or authorized to do business in the State of Georgia by the office of the Secretary of State; (B) Exempt from taxation under Code Section 48-7-25; (C) One to which contributions are authorized as deductible by Section 170 of the United States Internal Revenue Code, as amended; (D) Qualified as an organization as defined in Section 501(c)(3) of the United States Internal Revenue Code; and (E) Not a religious organization except that a religious organization is not disqualified to the extent that it operates a health, welfare, educational, or environmental restoration or conservation function on a nonsectarian basis with a distinct and separate budget for this function. (3) `Eligible voluntary charitable organization' means a charitable organization which: (A) Actively conducts health, welfare, educational, or environmental restoration or conservation programs and provides services to individuals directed at one or more of the following common human needs within a community: family and child care services; protective services for children and adults; services for children and adults in foster care; services related to the management and maintenance of the home; day-care services for adults; transportation services; information, referral, and counseling services; the preparation and delivery of meals; adoption services; emergency

Page 771

shelter, care, and relief services; safety services; neighborhood and community organization services; recreation services; social adjustment and rehabilitation services; health support services; or a combination of such services designed to meet the special needs of specific groups such as children and youth, the aged, the ill and infirm, or the physically disabled; or provides services concerned with the ecological impact of altering the environment; or provides services concerned with the cultivation or imparting of knowledge or skills; (B) Provides direct and substantial services on a state-wide basis; is one of the federated charitable organizations that coordinates fund raising and allocations for at least five local charitable organizations in the various geographic areas in which employees are solicited; is a federation of at least five state-wide and local charitable organizations which are otherwise qualified under this article and which federation expends all funds collected under this article to serve Georgia residents and programs; or is a health, welfare, educational, or environmental restoration or conservation agency which is a member of a federated, nonsectarian, nonpolitical, eligible voluntary charitable organization subject to such rules and regulations as the board may prescribe; (C) Observes a policy and practice of nondiscrimination on the basis of race, color, religion, sex, national origin, or disability, which policy is applicable to persons served by the agency, to agency staff employment, and to membership on the agency's governing board; and (D) Does not expend a substantial portion of its efforts to influence the outcome of elections or the determination of public policy. No charitable organization shall be approved by the State Personnel Board under more than one provision of subparagraph (B) of this paragraph. (4) `Employee' means any person receiving a payroll check from the state for personal service to an agency. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 772

FIRE PROTECTION AND SAFETY MUNICIPAL, COUNTY, AND VOLUNTEER FIRE DEPARTMENTS NOMENCLATURE ACT OF 1996 ENACTED; USE OF NOMENCLATURE OR SYMBOLS REGULATED. Code Title 25, Chapter 13 Enacted. No. 844 (House Bill No. 1484). AN ACT To amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, so as to prohibit the unauthorized use of any municipal, county, or volunteer fire department's nomenclature or symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide procedures for seeking permission to use any municipal, county, or volunteer fire department's nomenclature or symbols; to authorize the local governing body of any municipal, county, or volunteer fire department 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 damages for certain violations; 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. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding following Chapter 12 a new Chapter 13 to read as follows: CHAPTER 13 25-13-1. This chapter shall be known and may be cited as the `Municipal, County, and Volunteer Fire Departments Nomenclature Act of 1996.' 25-13-2. 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 any municipal, county, or volunteer fire department or with a member thereof when in fact the individual or organization is not the municipal, county, or volunteer fire department or a member thereof. Furthermore, the municipal, county, or volunteer fire department, which provides quality fire protection and safety services to the citizens of this state, 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 use any municipal, county, or

Page 773

volunteer fire department's name or any term used to identify the department or its members without the expressed permission of the local governing body. The provisions of this chapter are in furtherance of the promotion of this policy. 25-13-3. As used in this chapter, the term: (1) `Badge' means any official badge used in the past or present by members of municipal, county, or volunteer fire departments. (2) `Department' means any municipal, county, or volunteer fire department. (3) `Director of public safety' means the director of public safety for any municipal, county, or volunteer fire department. (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. (5) `Fire chief' means the fire chief for any municipal, county, or volunteer fire department. (6) `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. Such term 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. (7) `Local governing body' means, for a county, a county governing authority as defined in Code Section 1-3-3; for a municipal corporation, the governing authority of a municipal corporation as set forth in the municipal corporation's charter; or, for a volunteer fire department, the board of directors or other governing body of such department by whatever name called. (8) `Person' means any person, corporation, organization, or political subdivision of this state. (9) `Volunteer fire department' means a fire department which has been issued a certificate of compliance pursuant to Article 2 of Chapter 3 of this title and which consists of uncompensated or part-time firefighters. (10) `Willful violator' means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after

Page 774

being advised in writing by the fire chief, the director of public safety, or the local governing authority that such person's activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. 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 shall be considered in willful violation of this chapter, unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. 25-13-4. Any person who uses words pertaining to a particular municipal, county, or volunteer fire department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter. 25-13-5. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter. 25-13-6. Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the fire chief or director of public safety. Within 15 calendar days after receipt of the request, the fire chief or director of public safety shall send a notice with his or her recommendation to the local governing body stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the fire chief or director or public safety, the local governing body shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local

Page 775

governing body does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing body under such conditions as the local governing body may impose. 25-13-7. Whenever there shall be an actual or threatened violation of Code Section 25-13-4 or 25-13-5, the local governing body shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation. 25-13-8. In addition to any other relief or sanction for a violation of Code Section 25-13-4 or 25-13-5 and where the violation is willful, the local governing body 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 local governing body shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The local governing body shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator. 25-13-9. Any person who has given money or any other item of value to another person due in part to such person's use of the nomenclature or symbol of a department in violation of this chapter 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. 25-13-10. Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate offense. 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 9, 1996.

Page 776

PROFESSIONS AND BUSINESSES FEES FOR COSTS OF INVESTIGATORY OR DISCIPLINARY PROCEEDINGS; COSTS AND FEES FOR FRIVOLOUS APPEALS; LETTER OF CONCERN MAY BE ISSUED TO RESOLVE PENDING ACTION; NOTICE REQUIRED OF LICENSEE UPON CONVICTION OF FELONY. Code Section 43-1-19 Amended. Code Section 43-1-27 Enacted. No. 845 (House Bill No. 1493). AN ACT To amend Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, so as to change the provisions relating to grounds for refusing to grant or revoking licenses; to authorize examining boards to issue letters of concern; to provide for effect and confidentiality of such letters of concern; to authorize examining boards to impose certain fees or charges to cover the cost of investigations or disciplinary proceedings; to provide that litigation costs and attorney's fees may be assessed for frivolous appeals; to require a licensed individual who is convicted of a felony to notify the appropriate licensing authority of such conviction; to authorize a penalty for failure to provide such notification; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions applicable to professions and businesses, is amended by striking the word or at the end of paragraph (6) of subsection (d) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and application of the Georgia Administrative Procedure Act; by striking the symbol . at the end of paragraph (7) of such subsection and inserting in lieu thereof the symbol and word ; or; and by inserting at the end of such subsection the following: (9) Impose on a licensee or applicant fees or charges in an amount necessary to reimburse an examining board for the administrative costs incurred by the board in conducting an investigative or disciplinary proceeding. SECTION 2. Said chapter is further amended by striking in its entirety subsections (f) and (j) of Code Section 43-1-19, relating to grounds for refusing to grant or revoking licenses and application of the Georgia Administrative Procedure Act, and inserting in lieu thereof, respectively, the following: (f) Initial judicial review of a final decision of a state examining board shall be had solely in the superior court of the county of domicile of the

Page 777

board. The court may assess reasonable and necessary attorney's fees and expenses of litigation in any such review if, upon the motion of any party or the court itself, it finds that an attorney or any party aggrieved by an action of the board appealed such action of the board or any part thereof when such appeal lacked substantial justification or when such appeal or any part thereof was interposed for delay or harassment or if it finds that an attorney or aggrieved party unnecessarily expanded the proceeding by other improper conduct. As used in this subsection, `lacked substantial justification' means substantially frivolous, substantially groundless, or substantially vexatious. (j) Neither the issuance of a private reprimand nor the denial of a license by reciprocity nor the denial of a request for reinstatement of a revoked license nor the refusal to issue a previously denied license shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; notice and hearing within the meaning of said chapter shall not be required, but the applicant or licensee shall be allowed to appear before the board if he or she so requests. A board may resolve a pending action by the issuance of a letter of concern. Such letter shall not be considered a disciplinary action or a contested case under Chapter 13 of Title 50 and shall not be disclosed to any person except the license or applicant. SECTION 3. Said chapter is further amended by adding following Code Section 43-1-26 a new Code Section 43-1-27 to read as follows: 43-1-27. Any licensed individual who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-1-19 shall be required to notify the appropriate licensing authority of the conviction within ten days of the conviction. The failure of a licensed individual to notify the appropriate licensing authority of a conviction shall be considered grounds for revocation of his or her license, permit, registration, certification, or other authorization to conduct a licensed profession. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 778

REVENUE AND TAXATION TIME FOR MAKING TAX RETURNS; OPENING AND CLOSING BOOKS IN COUNTIES CONTAINING GREATER PART OF CITY HAVING POPULATION OF MORE THAN 350,000. Code Section 48-5-18 Amended. No. 846 (House Bill No. 1561). AN ACT To amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change certain provisions regarding the opening and closing of books in all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 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 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, is amended by striking subsection (i) and inserting in its place a new subsection (i) to read as follows: (i) In all counties having therein the greater part of a city having a population of more than 350,000 according to the United States decennial census of 1970 or any future such census, the officers authorized to receive tax returns for all such cities and counties shall open their books for the return of taxes on January 2 of each year and shall close them on March 1 of each year. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. CRIMES AND OFFENSES DESTRUCTION OF OR PHYSICAL INJURY TO POLICE HORSE. Code Section 16-11-107 Amended. No. 847 (House Bill No. 1570). AN ACT To amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to

Page 779

dangerous instrumentalities and practices, so as to make it unlawful for any person to knowingly and intentionally destroy or cause serious or debilitating physical injury to a police horse when such person knows that the horse is a police horse; to provide penalties; to define a certain term; to provide an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions with respect to dangerous instrumentalities and practices, is amended by striking in its entirety Code Section 16-11-107, relating to the crime of destroying or injuring a police dog, and inserting in lieu thereof a new Code Section 16-11-107 to read as follows: 16-11-107. (a) As used in this Code section, the term: (1) `Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (2) `Firearms detection dog' means a dog trained to locate firearms by scent. (3) `Narcotic detection dog' means a dog trained to locate narcotics by scent. (4) `Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (5) `Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (6) `Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, or a tracking dog used by a law enforcement agency. (7) `Police horse' means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. (8) `Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. (b) Any person who knowingly and intentionally destroys or causes serious or debilitating physical injury to a police dog or police horse, knowing said dog to be a police dog or said horse to be a police horse, shall be guilty of a felony and, upon conviction thereof, shall be

Page 780

punished by imprisonment for not less than one nor more than five years, or a fine not to exceed $10,000.00, or both. This subsection shall not apply to the destruction of a police dog or police horse for humane purposes. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION STATE REVENUE COMMISSIONER; DISCLOSURE OF CERTAIN PRIVILEGED AND CONFIDENTIAL INFORMATION UNDER CERTAIN CIRCUMSTANCES; SERVICE AND ACKNOWLEDGE OF NOTICE OF DELINQUENCY BY TELEPHONIC FACSIMILE TRANSMISSION; DEALERS' RETURNS AS TO GROSS PROCEEDS FROM SALES AND PURCHASES. Code Section 48-2-6.1 Enacted. Code Sections 48-7-108, 48-8-47, and 48-8-49 Amended. No. 848 (House Bill No. 1586). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for additional powers, duties, and authority of the state revenue commissioner; to provide for the disclosure of certain privileged and confidential information under certain circumstances; to provide for conditions and limitations; to provide for civil and criminal penalties; to provide for the serving of certain notices of delinquency and the receiving of certain acknowledgements of service by telephonic facsimile transmission or by other means of instantaneous electronic transmission; to provide for annual filing of certain reports of gross proceeds of sales and purchases by certain dealers; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding a new Code section immediately following Code Section 48-2-6, to be designated Code Section 48-2-6.1. to read as follows: 48-2-6.1. (a) As used in this Code section, the term `return information' means any information secured by the commissioner incident to the administration of any tax.

Page 781

(b) Notwithstanding any other provision of law, the commissioner shall be permitted to disclose any return information to such other persons as may be authorized by law to collect delinquent tax liabilities on behalf of the state to the extent such information is reasonably needed to effect such collections. Such information shall retain its privileged and confidential nature in the hands of such other persons to the same extent and under the same conditions as that information is privileged and confidential in the hands of the commissioner. Any such other person shall be subject to the same civil and criminal penalties as those provided for divulgence of information by employees of the department. SECTION 2. Said title is further amended by striking subsection (c) of Code Section 48-7-108, relating to employers' liability for current income tax payment, and inserting in its place a new subsection (c) to read as follows: (c) Assessment, collection, and payment. Except as otherwise provided by law, the liability of an employer under subsection (a) of this Code section and the amount of the fund described in subsection (b) of this Code section shall be assessed, collected, and paid in the same manner and subject to the same provisions and limitations including, but not limited to, penalties as are income taxes. In the event any employer is delinquent in payment of the tax imposed by this article, the commissioner may give notice of the amount of the delinquency by registered or certified mail to all persons having in their possession or under their control any credits or other personal property belonging to the employer and to all persons owing any debts to the employer at the time of receipt by them of the notice. In lieu of registered or certified mail, the notice may be served and the recipient may acknowledge service thereof by telephonic facsimile transmission or by other means of instantaneous electronic transmission. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the commissioner has consented to a transfer or disposition or until 30 days have elapsed after receipt of the notice. Each person so notified must advise the commissioner, within five days after receipt of the notice, of any and all credits, other personal property, or debts in such person's possession, under such person's control, or owing by such person as provided in this Code section. SECTION 3. Said title is further amended by striking subsection (a) of Code Section 48-8-49, relating to dealers' returns as to gross proceeds of sales and purchases, and inserting in its place a new subsection (a) to read as follows: (a) Each dealer, on or before the twentieth day of each month, shall transmit returns to the commissioner showing the gross sales and purchases arising from all sales and purchases taxable under this article

Page 782

during the preceding calendar month. The commissioner may provide by regulation for quarterly or annual returns or, upon application, may permit a dealer to file a return on a quarterly or annual basis if deemed advisable by the commissioner. The returns required by this subsection shall be made upon forms prescribed, prepared, and furnished by the commissioner. SECTION 4. Said title is further amended by striking Code Section 48-8-47, relating to notice by commissioner to persons holding credits of or owing debts to delinquent dealers, and inserting in its place a new Code Section 48-8-47 to read as follows: 48-8-47. In the event any dealer is delinquent in the payment of the tax imposed by this article, the commissioner may give notice of the amount of the delinquency by registered or certified mail to all persons having in their possession or under their control any credits or other personal property belonging to the dealer and to all persons owing any debts to the dealer at the time of receipt by them of the notice. In lieu of registered or certified mail, the notice may be served and the recipient may acknowledge service thereof by telephonic facsimile transmission or by other means of instantaneous electronic transmission. Thereafter, no person so notified shall transfer or make any other disposition of the credits, other personal property, or debts until the commissioner has consented to a transfer or disposition or until 30 days have elapsed after the receipt of the notice. Each person so notified must advise the commissioner within five days after receipt of the notice of any and all credits, other personal property, or debts in such person's possession, under such person's control, or owing by such person as provided in this Code section. 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 9, 1996.

Page 783

REVENUE AND TAXATION TIME FOR RIPENING OF CERTAIN TAX DEED TITLES BY PRESCRIPTION. Code Section 48-4-48 Amended. No. 849 (House Bill No. 1587). AN ACT To amend Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, so as to provide for the ripening by prescription of tax deed titles after four years from the recordation of the deeds; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 4 of Title 48, relating to redemption of property sold for taxes, is amended by striking in its entirety Code Section 48-4-48, relating to ripening of a tax deed title by prescription, and inserting in lieu thereof the following: 48-4-48. (a) A title under a tax deed properly executed at a valid and legal sale prior to July 1, 1989, shall ripen by prescription after a period of seven years from the date of execution of that deed. (b) A title under a tax deed executed on or after July 1, 1989, but before July 1, 1996, shall ripen by prescription after a period of four years from the execution of that deed. A title under a tax deed properly executed on or after July 1, 1996, at a valid and legal sale shall ripen by prescription after a period of four years from the recordation of that deed in the land records in the county in which said land is located. (c) A tax deed which has ripened by prescription pursuant to any provision of this Code section shall convey, when the defendant in fi. fa. is not laboring under any legal disability, a fee simple title to the property described in that deed, and that title shall vest absolutely in the grantee in the deed or in the grantee's heirs or assigns. In the event the defendant in fi. fa. is laboring under any legal disability, the prescriptive term specified in this Code section shall begin from the time the disabilities are removed or abated. (d) Notice of foreclosure of the right to redeem property sold at a tax sale shall not be required to have been provided in order for the title to such property to have ripened under subsection (a) or (b) of this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 784

EDUCATION DEPARTMENT OF TECHNICAL AND ADULT EDUCATION; POWERS RELATING TO STUDENT LIVE WORK PROJECTS. Code Section 20-4-14 Amended. No. 850 (House Bill No. 1590). AN ACT To amend Code Section 20-4-14 of the Official Code of Georgia Annotated, relating to the establishment of the Department of Technical and Adult Education and the provision of its powers and duties, so as to change the powers of the Department of Technical and Adult Education relating to student live work projects; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-4-14 of the Official Code of Georgia Annotated, relating to the establishment of the Department of Technical and Adult Education and the provision of its powers and duties, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 20-4-14. (a) There is established a Department of Technical and Adult Education. (b) The department shall exercise state level leadership, management, and operational control over schools, programs, and services authorized in this article and Article 3 of this chapter. (c) The Department of Technical and Adult Education shall be empowered to: (1) Approve occupational programs below the baccalaureate level; provided, however, any courses to be transferable to units of the University System of Georgia shall be approved by the Board of Regents of the University System of Georgia; (2) Receive and hold title to property, equipment, money, and materials; (3) Operate instructional services projects, also known as student live work projects, in those occupational areas which require specific skills or competency mastery that can best be obtained or demonstrated in a laboratory environment with clients, real items, or projects, including, but not limited to, carpentry, child care, aviation, welding, and automotive repair, and, in connection with such projects:

Page 785

(A) Receive, retain, and utilize donations, fees, and moneys generated as a result of the sale of such services or projects; (B) Retain any unexpended student live work funds from year to year; (C) Expend retained student live work funds for any student live work project or for the benefit of instructional programs at the technical institute; and (D) Acquire, improve, and sell real or personal property in connection with student live work projects, provided that all acquisitions and sales of real property in connection with student live work projects shall be approved by the state board; (4) Solicit and receive funds from the general public, corporate underwriters, and foundations; (5) Contract with other state, federal, or local public or private schools and other entities, individuals, or other legal entities for the provision of programmatic or administrative services or activities the department deems necessary; and (6) Administer and supervise programs in accordance with standards, rules, regulations, and policies of the State Board of Technical and Adult Education. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. ALCOHOLIC BEVERAGES ADVERTISEMENT AND RETAIL SALE OF WINE AND DISTILLED SPIRITS AT PRICE BELOW COST PROHIBITED. Code Section 3-4-26 Amended. Code Section 3-6-25.1 Enacted. No. 851 (House Bill No. 1625). AN ACT To amend Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, so as to prohibit the sale of distilled spirits by the package at a price below cost; to amend Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, so as to prohibit the display of advertisement or information regarding prices of wine in visible places; to prohibit the sale of wine below cost; to provide for

Page 786

legislative authority and determination; to authorize the commissioner of revenue to provide for certain exceptions; to provide for severability; to repeal conflicting laws; and for other purposes. WHEREAS, in the exercise of the full and complete authority of the State of Georgia to regulate alcoholic beverages under the powers granted by the twenty-first amendment to the United States Constitution and by Article III, Section VI, Paragraph VII of the Georgia Constitution, the General Assembly determines and declares that the retail sale of wine and distilled spirits by the package at a price below cost is not in the best interest of the public welfare and shall not be a lawful practice. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-4-26 of the Official Code of Georgia Annotated, relating to display of advertisement or information regarding prices of distilled spirits in visible places, is amended by striking said Code section in its entirety and inserting in its place the following: 3-4-26. (a) No person holding a retail dealer's license to deal in distilled spirits by the package shall display any advertisement of or information regarding the price or prices of any distilled spirits in any show window or other place visible from outside the licensee's place of business. (b) No person licensed to sell distilled spirits by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such distilled spirits. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business. (c) The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception. SECTION 2. Article 2 of Chapter 6 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for distribution and sale of wine, is amended by adding immediately following Code Section 3-6-25 a new Code Section 3-6-25.1 to read as follows: 3-6-25.1. (a) No person holding a retail dealer's license to deal in wine by the package shall display any advertisement of or information regarding the

Page 787

price or prices of any wine in any show window or other place visible from outside the licensee's place of business. (b) No person licensed to sell wine by the package for carry-out purposes shall sell such beverages at a price less than the cost which such licensee pays for such wine. As used in this subsection, cost shall include the wholesale price plus the local excise tax imposed, as reflected in invoices which the commissioner of revenue may require to be maintained on said licensee's place of business. (c) The commissioner of revenue shall be authorized to adopt such regulations as he or she deems necessary to provide for exception to the prohibition provided in subsection (b) of this Code section for reasons relating to liquidation of inventory, close-out of brands, outdated products, or any other reason the commissioner may determine to merit an exception. SECTION 3. In the event any section, subsection, sentence, clause, phrase, or part of this Act is declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS LIMITED LIABILITY PARTNERSHIPS; DEFINITIONS; NAMES OF CERTAIN PARTNERSHIPS; ELECTIONS; CERTIFICATES AND AMENDMENT; CANCELLATION; EXECUTION OF CERTIFICATES; FILINGS WITH SECRETARY OF STATE; MERGER; LIABILITY; DISTRIBUTION UPON WITHDRAWAL; DISSOLUTION FEES. Code Title 14 Amended. No. 852 (House Bill No. 1627). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide for limited liability limited partnerships with regard to definitions, naming, applicability of Chapter 9 of such title, amending certificates of limited partnership, notice, and dissolution; to

Page 788

provide for the effective date and time of existence, amendment of certificate, merger, and cancellation; to provide for execution of certificates of merger; to repeal a provision requiring survival of a domestic corporation in a merger with a domestic limited partnership; to provide for determination of the liabilities of each general partner of a limited liability limited partnership; to provide for distribution upon withdrawal of a partner; to provide for fees for filing certain amendments; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking in their entirety paragraphs (5) and (6.1) of Code Section 14-8-2, relating to definitions relative to partnerships, and inserting in lieu thereof the following: (5) `Foreign limited liability partnership' means any limited liability partnership, and any limited liability limited partnership formed under the laws of a jurisdiction other than this state. (6.1) `Limited liability partnership' means any partnership governed by this chapter, and any limited partnership that either is organized under Chapter 9 of this title or has elected to be subject to the provisions of Chapter 9 of this title pursuant to subsection (b) of Code Section 14-9-1201, 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 paragraph (1) of subsection (a) of Code Section 14-8-48, relating to the name of a foreign limited liability partnership, and inserting in lieu thereof the following: (1) Must contain the words `limited liability partnership' or `limited liability limited partnership' (it being permitted to abbreviate the word `limited' as `ltd.') or the abbreviation `L.L.P.' or `L.L.L.P.' or the designation LLP or LLLP; SECTION 3. Said title is further amended by inserting in Code Section 14-8-62, relating to limited liability partnership elections, a new subsection to be designated subsection (g) to read as follows: (g) To become and to continue as a limited liability partnership, a limited partnership organized under or subject to Chapter 9 of this title shall amend its certificate of limited partnership so that its name complies with subsection (b) of Code Section 14-8-63 and otherwise complies with the name requirements of Code Section 14-9-102 and so

Page 789

that the certificate of limited partnership contains a statement that the limited partnership is a limited liability partnership. Subject to any contrary agreement among the partners, such amendment shall be approved by all of the partners. A limited partnership becomes a limited liability partnership at the time such amendment becomes effective and continues to be a limited liability partnership until its certificate of limited partnership is amended to remove the statement that such limited partnership is a limited liability partnership and so that its name no longer contains the words 'limited liability limited partnership,' or the abbreviation 'L.L.L.P.,' or the designation 'LLLP.' The fact that the certificate of limited partnership of a limited partnership has been amended as set forth in this subsection is notice that the limited partnership is a limited liability partnership. If a limited partnership that is a limited liability partnership is dissolved and its business continued without liquidation of the limited partnership's affairs, the new limited partnership shall continue to be a limited liability partnership until its certificate of limited partnership is amended as provided herein. A limited partnership that becomes a limited liability partnership pursuant to this subsection shall otherwise remain subject to Chapter 9 of this title, including, without limitation, the annual registration provisions of Code Section 14-9-206.5. SECTION 4. Said title is further amended by striking in its entirety Code Section 14-8-63, relating to the name of a limited liability partnership, and inserting in lieu thereof the following: 14-8-63. (a) Except as provided in subsection (b) of this Code section, 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. (b) The name of a limited partnership that is a limited liability partnership shall contain the words `limited liability limited partnership,' it being permitted to abbreviate the word `limited' as `ltd.,' or the abbreviation `L.L.L.P.' or the designation `LLLP' as the last words or letters of its name. SECTION 5. Said title is further amended by striking in its entirety subsection (b) of Code Section 14-9-201, relating to certificates of limited partnership, and inserting in lieu thereof the following: (b) A limited partnership exists from the time of the filing of the certificate of limited partnership in the office of the Secretary of State or

Page 790

from a later time or later time and date, not to exceed 90 days from the date of filing, specified in the certificate of limited partnership, to the time of cancellation pursuant to subsection (c) of Code Section 14-9-206. SECTION 6. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-202, relating to amendment of certificates, and inserting in lieu thereof the following: (a) A certificate of limited partnership is amended by filing a certificate of amendment thereto in the office of the Secretary of State. The certificate must set forth: (1) The name of the limited partnership; (2) The date of filing the certificate; (3) The amendment to the certificate; and (4) If the amendment is to become effective later than the time of filing, the effective date, or effective time and date, which may not be later than 90 days after the filing date of the amendment. SECTION 7. Said title is further amended by striking in its entirety Code Section 14-9-203, relating to certificates of cancellation, and inserting in its place the following: 14-9-203. A certificate of cancellation may be filed in the office of the Secretary of State when all debts, liabilities, and obligations of the limited partnership have been paid and discharged or reasonably adequate provision therefor has been made, and all of the remaining property and assets of the limited partnership have been distributed to the partners, or when there are no limited partners. Such certificate shall set forth: (1) The name of the limited partnership; (2) The date of filing of its certificate of limited partnership; (3) The basis permitted by this Code section for filing the certificate of cancellation; (4) If the cancellation is to become effective later than the date of filing, the effective date of cancellation or effective time and date, which may not be later than 90 days after the filing date of the cancellation; and (5) Any other information determined to be necessary by the general partners filing the certificate.

Page 791

SECTION 8. Said title is further amended by striking in its entirety subsection (a) of Code Section 14-9-204, relating to execution of certificates, and inserting in its place the following: (a) Each certificate required by this article to be filed in the office of the Secretary of State must be executed, in such form as may be prescribed by the Secretary of State, in the following manner: (1) An original certificate of limited partnership must be signed by all general partners; (2) A certificate of amendment must be signed by at least one general partner and by each other general partner designated in the certificate as a new general partner; (3) A certificate of cancellation must be signed by all general partners; and (4) A certificate of merger must be executed by at least one general partner of any surviving limited partnership. SECTION 9. Said title is further amended by striking in their entirety subsections (b), (c), and (d) of Code Section 14-9-206, relating to filing with the Secretary of State, and inserting in lieu thereof the following: (b) Upon the later of the filing of a certificate of amendment pursuant to this Code section or the effective time, or effective date and time, of the amendment pursuant to paragraph (4) of subsection (a) of Code Section 14-9-202, or upon the recording pursuant to Code Section 14-9-205 of a certificate of amendment, the certificate of limited partnership is amended as set forth in the certificate of amendment. (c) Upon the later of the filing of a certificate of cancellation pursuant to this Code section or the effective time or the effective date and time of the cancellation pursuant to paragraph (4) of Code Section 14-9-203, or upon the recording pursuant to Code Section 14-9-205 of a certificate of cancellation, the certificate of limited partnership is canceled. (d) Upon the later of the filing of a certificate of merger pursuant to this Code section or the effective time or the effective date and time pursuant to paragraph (4) of subsection (b) of Code Section 14-9-206.1 of a certificate of merger, or upon the recording pursuant to Code Section 14-9-205 of a certificate of merger, the constituent entities named in the certificate are merged. SECTION 10. Said title is further amended by striking in their entirety subsections (a) and (b) of Code Section 14-9-206.1, relating to merger, and inserting in lieu thereof the following:

Page 792

(a) Pursuant to a written agreement, a domestic limited partnership may merge with one or more domestic or foreign limited partnerships, limited liability companies, or corporations. The agreement shall designate the surviving domestic or foreign limited partnership, domestic or foreign limited liability company, or domestic or foreign corporation. The agreement of merger may also set forth: (1) The terms and conditions of the merger; (2) The manner and basis of converting the interests in the constituent domestic or foreign limited partnerships, domestic or foreign limited liability companies, or domestic or foreign corporations into interests in the surviving domestic or foreign limited partnership, domestic or foreign limited liability company, or domestic or foreign corporation or, in whole or in part, into cash or other property; and (3) The rights and, subject to Code Section 14-9-502, obligations of the partners of the surviving domestic limited partnership. (b) The surviving entity shall file a certificate of merger with the Secretary of State on behalf of each domestic limited partnership that is a party to the merger. The certificate shall state: (1) The name and state of domicile of each of the constituent entities; (2) That an agreement of merger has been approved by the requisite action by each of the constituent entities; (3) The name and state of domicile of the surviving partnership, limited liability company, or corporation; (4) If the merger is to become effective later than the time of filing of the certificate of merger, the effective date or the effective time and date of the merger, which may not be later than 90 days after the filing; (5) If the surviving entity is a foreign limited partnership, foreign corporation, or foreign limited liability company without a certificate of authority to do business in this state, that the Secretary of State is appointed agent of the surviving limited partnership, foreign corporation, or foreign limited liability company on whom process in this state in any action, suit, or proceeding for the enforcement of an obligation of a domestic limited partnership constituent to the merger may be served and the address to which a copy of the process is to be mailed. If the surviving entity is a domestic or foreign limited liability company, it shall also comply with the filing requirements of the laws of the state of its formation governing limited liability companies. If the surviving entity is a domestic or foreign corporation, it shall also comply with the filing requirements of the laws of the state of its incorporation governing corporations.

Page 793

SECTION 11. Said title is further amended by inserting in Code Section 14-9-403, relating to rights, powers, and liabilities, a new subsection to be designated subsection (c) to read as follows: (c) If a limited partnership is a limited liability partnership under Chapter 8 of this title, then, except as otherwise provided in this chapter or in the partnership agreement, the liabilities of each general partner of such limited partnership shall be determined by reference to the provisions of Chapter 8 of this title regarding limited liability partnerships. SECTION 12. Said title is further amended by striking in its entirety Code Section 14-9-604, relating to distribution upon withdrawal, and inserting in lieu thereof the following: 14-9-604. Subject to contrary provision in the partnership agreement, a withdrawing partner is entitled to receive, within a reasonable time after withdrawal, the fair value as of the date of withdrawal of the interest in the limited partnership with respect to which the withdrawal has occurred. SECTION 13. Said title is further amended by striking in its entirety paragraph (3) of Code Section 14-9-801, relating to events triggering dissolution, and inserting in its place the following: (3) An event of withdrawal of a general partner unless: (A) There remains at least one other general partner and the written provisions of the partnership agreement permit the business of the limited partnership to be carried on by the remaining general partner or general partners alone or together with new general partners, and that partner or those general partners do so; or (B) Within 90 days after the withdrawal, all partners other than the general partner with respect to which the event of withdrawal has occurred (or such partners as are provided for in the written provisions of the partnership agreement) agree in writing to continue the business of the limited partnership and, if there is no remaining general partner, to the appointment, effective as of the date of withdrawal, of one or more new general partners; or. SECTION 14. Said title is further amended by striking in its entirety Code Section 14-9-1101, relating to fees, and inserting in lieu thereof the following:

Page 794

14-9-1101. The Secretary of State shall charge and collect for: (1) Filing a certificate of limited partnership $ 60.00 (2) Filing a registration of a foreign limited partnership 170.00 (3) Filing an annual registration 15.00 (4) Agent's statement of resignation No fee (5) Statement of change of address of registered agent or registered office $5.00 per limited partnership but not less than 20.00 (6) Filing of an amendment to a certificate of limited partnership for the purpose of becoming a limited liability partnership 100.00 (7) Filing any other document required or permitted pursuant to this chapter 20.00 SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. CRIMES AND OFFENSES RAFFLES OPERATED BY NONPROFIT, TAX-EXEMPT ORGANIZATIONS; ANNUAL FEES; SPECIAL LIMITED LICENSES FOR OPERATION. Code Section 16-12-22.1 Amended. No. 853 (House Bill No. 1637). AN ACT To amend Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles operated by nonprofit, tax-exempt organizations, so as to change certain provisions regarding annual fees; to change certain provisions regarding special limited licenses to conduct raffles; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-12-22.1 of the Official Code of Georgia Annotated, relating to raffles operated by nonprofit, tax-exempt organizations, is

Page 795

amended by striking paragraph (1) of subsection (d) and inserting in its place a new paragraph (1) to read as follows: (d)(1) Any nonprofit, tax-exempt organization desiring to obtain a license to operate raffles shall make application to the sheriff on forms prescribed by the sheriff. The sheriff may require the payment of an annual fee not to exceed $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. SECTION 2. Said Code section is further amended by striking subsection (g) and inserting in its place a new subsection (g) to read as follows: (g) Notwithstanding the other provisions of this Code section, the sheriff, upon receiving written evidence of the bona fide nonprofit, tax-exempt status of the applicant organization, 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. In such cases, the sheriff shall waive the application and license fee provided for in subsection (d) of this Code section and the annual report provided for in subsection (j) of this Code section. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. EVIDENCE DEPOSITIONS FOR PRESERVATION OF EVIDENCE IN CRIMINAL PROCEEDINGS; NONRESIDENT ALIENS. Code Section 24-10-130 Amended. No. 854 (House Bill No. 1644). AN ACT To amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of nonresident aliens; to provide for repeal of such provision; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 796

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 for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows: (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; (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is a nonresident alien. SECTION 2. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows: (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;

Page 797

(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. 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, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. AGRICULTURE BEEKEEPERS; COMPENSATION FOR PROPERTY DESTROYED FROM APPROPRIATED FUNDS. Code Section 2-14-45 Amended. No. 855 (House Bill No. 1760). AN ACT To amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the provisions relating to compensation for property destroyed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, is amended by striking Code Section 2-14-45, relating to compensation for property destroyed and appraisal thereof, and inserting in lieu thereof a new Code Section 2-14-45 to read as follows: 2-14-45. Whenever bees, hives, or other equipment are ordered destroyed pursuant to Code Section 2-14-44, the Commissioner shall appraise the property to be destroyed. If the Commissioner and the owner are unable to agree on the value, the Commissioner and the owner shall each appoint one disinterested appraiser. These two appraisers shall appoint a third disinterested appraiser. The three appraisers thus appointed shall appraise the property. When the property is destroyed, the Commissioner

Page 798

shall pay any Georgia resident beekeeper whose property is destroyed a sum equal to 50 percent of the appraised value of the property destroyed from any funds appropriated for that specific purpose, provided that in no event shall the compensation paid to any such owner exceed $25.00 per colony. For the purposes of this Code section, the term `property' shall include bees, hives, frames, and other equipment. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION AD VALOREM TAXES PENDING REVIEW; COUNTIES OF 550,000 POPULATION OR MORE; MUNICIPALITIES OF 350,000 POPULATION OR MORE IN SUCH COUNTIES; CERTAIN PROVISIONS REPEALED. Code Section 48-5-312 Repealed. No. 856 (House Bill No. 1771). AN ACT To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal certain provisions regarding the status of ad valorem taxes pending review in those counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities lying wholly or partially within such counties when the municipalities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by striking Code Section 48-5-312, relating to the status of ad valorem taxes pending review in certain counties and municipalities, which reads as follows: 48-5-312. (a) This Code section shall apply only in those counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census and in municipalities lying

Page 799

wholly or partially within such counties when the municipalities have a population of 350,000 or more according to the United States decennial census of 1970 or any future such census. (b) No county or municipal ad valorem taxes which are the subject of any arbitration, equalization, or other procedure allowed by law for the review of ad valorem tax liability shall be considered delinquent or past due pending the determination of the tax liability; but the taxpayer in any such case shall first pay to the county or municipality to which the taxes are due the amount of taxes which would be due if the assessed valuation of the taxable property were the same as that determined for the prior tax year or shall pay the amount of taxes which would be due on the portion of assessed valuation which is not in dispute, whichever is greater. A taxpayer within ten days of receipt of a tax notice may petition the superior court of the county in which the return was made or the superior court of the county in which the major portion of the municipality lies, as the case may be, to determine a lower amount to be paid to the county or municipality under this subsection upon a showing that the value of the taxable property has suffered a sudden, substantial drop due to fire, storm, earthquake, or other similar casualty. (c) This Code section shall be cumulative of and supplemental to any laws of this state relative to interest on past due ad valorem taxes or to penalties on delinquent ad valorem taxes of the counties and municipalities subject to this Code section and shall not be construed to repeal any such laws., and inserting in its place a new Code Section 48-5-312 to read as follows: 48-5-312. Reserved. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. RETIREMENT AND PENSIONS DISTRICT ATTORNEYS' RETIREMENT SYSTEM; SPOUSES' BENEFIT COVERAGE. Code Section 47-13-72 Amended. No. 857 (Senate Bill No. 67). AN ACT To amend Code Section 47-13-72 of the Official Code of Georgia Annotated, relating to spouses' benefit coverage under the District Attorneys' Retirement System, so as to provide that members of such retirement

Page 800

system may elect such benefits for a spouse who became a spouse while such member was a member by making such election prior to December 31, 1996, or six months subsequent to such marriage, whichever date is later; to provide for related matters; to provide 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 47-13-72 of the Official Code of Georgia Annotated, relating to spouses' benefit coverage under the District Attorneys' Retirement System, is amended by striking in its entirety subsection (e) and inserting in lieu thereof the following: (e) Any member of the retirement system who rejects spouses' benefits coverage or who ceases such coverage pursuant to subsection (f) of this Code section because such member was unmarried at the time of such rejection or because such member's spouse died or because such member ceased to be married shall have the option to elect spouses' benefits prior to December 31, 1996, or within six months after becoming married or remarried, as the case may be, whichever date is later. The member shall, at the time of making the election, pay to the board of trustees the total amount of contributions which would have been made from the month of the marriage or remarriage to the date of the election. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years, including any period for which retroactive payments are made, in order for such member's spouse to qualify for the spouses' benefits provided for by this Code section. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 801

STATE GOVERNMENT STATE SYMBOLS; CENTRAL OF GEORGIA RAILROAD SHOPS COMPLEX DESIGNATED OFFICIAL RAILROAD MUSEUM. Code Section 50-3-70 Enacted. No. 858 (Senate Bill No. 415). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Central of Georgia Railroad Shops Complex as the official state railroad museum of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. WHEREAS, tourism and commercial recreation constitute an important industry in the economy of Georgia; and WHEREAS, the State of Georgia has recognized the importance of tourism to the economic and cultural well-being of its people through the establishment of the Department of Industry, Trade, and Tourism; and WHEREAS, many groups in the state are working to improve the quality of recreational and history related experiences for Georgia residents and for out-of-state tourists as well; and WHEREAS, enhancement of tourist attractions in Georgia would encourage tourists to extend their stay in Georgia and would benefit the state; and WHEREAS, the Central of Georgia Railroad Shops Complex located in Savannah, Georgia, is one of the finest remaining examples of Victorian railroad architecture and design, is the most intact antebellum railroad repair complex in the country, and has been designated as a National Historic Landmark by the National Park Service; and WHEREAS, the Friends of the Roundhouse recently formed to assist the Coastal Heritage Society of Savannah in operating and maintaining the complex as a railroad and industrial heritage museum; and WHEREAS, the railroad shops complex has proven to be a valuable educational experience for local public school students as well as a popular local tourist attraction; and

Page 802

WHEREAS, many states have publicly funded railroad museums, and designation of the Central of Georgia Railroad Shops Complex, which is operated by a private nonprofit corporation, as Georgia's official railroad museum would be of tremendous public benefit at no cost to the State of Georgia. NOW, THEREFORE, 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 thereof a new Code Section 50-3-70 to read as follows: 50-3-70. (a) The Central of Georgia Railroad Shops Complex in Savannah, Georgia, is designated as the official railroad museum of the State of Georgia. (b) The Department of Industry, Trade, and Tourism and other public agencies and leaders in the tourism industry are encouraged to work together to maximize advertising programs which permit citizens of other states and nations to learn of the Central of Georgia Railroad Shops Complex and to visit the State of Georgia for tourism purposes. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 803

DOMESTIC RELATIONS STATE-WIDE CHILD ABUSE PREVENTION PANEL; ATTACHMENT FOR ADMINISTRATIVE PURPOSES; STAFF SUPPORT. Code Section 19-15-4 Amended. No. 859 (Senate Bill No. 493). AN ACT To amend Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, so as to change the panel's attachment for administrative purposes; to change the agency providing staff support for the panel; to repeal an obsolete provision relating to a review and report to be provided by December 31, 1993; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, is amended by striking in their entirety subsections (d), (g), (h), (i), and (j) and inserting in lieu thereof the following: (d) The panel shall be attached for administrative purposes only to the Department of Human Resources. Notwithstanding any provision in Code Section 50-4-3 to the contrary, the State Children's Trust Fund Commission shall provide such staff support as may be necessary to enable the panel to discharge its duties under the law. (g) The panel shall also establish procedures for the conduct of investigations by subcommittees into deaths of children and may obtain the assistance of child protection professionals in establishing such procedures. (h) The panel shall also review on an ongoing basis the policies, procedures, and operations of the Division of Family and Children Services of the Department of Human Resources and whether modifications are necessary to help prevent child abuse and child fatalities. (i) The panel shall also monitor implementation of the state child abuse prevention plan and make an annual report on the progress of the implementation of such plan to the Governor, Lieutenant Governor, and Speaker of the House of Representatives. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 804

HANDICAPPED PERSONS TECHNOLOGY RELATED ASSISTANCE FOR INDIVIDUALS WITH DISABILITIES ACT ENACTED; COMMISSION CREATED; TRUST FUND ESTABLISHED; COMMUNITY TRUSTS FOR BENEFIT OF IMPAIRED PERSONS. Code Title 30, Chapters 9 and 10 Enacted. Code Sections 49-4-6 and 53-12-28 Amended. No. 860 (Senate Bill No. 510). AN ACT To amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to establish the Technology Related Assistance Trust Fund for Individuals with Disabilities and the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; to provide a short title; to define certain terms; to provide for the membership of the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission and its powers, duties, and compensation; to require the Department of Human Resources to develop criteria for such funds; to authorize appropriations and acceptance of federal funds and donations; to provide for administration of the Technology Related Assistance Trust Fund for Individuals with Disabilities by the director of the Office of Treasury and Fiscal Services; to provide for the investment, disbursement, and priority of use of trust fund money; to provide an effective date; to provide for automatic repeal; to provide for legislative findings; to provide for definitions; to provide for the creation of Community Trusts; to provide that the assets and noncash distributions of such trusts shall not reduce eligibility of life beneficiaries for public assistance; to provide that assets, income, and operations of Community Trusts shall be exempt from state and local taxation; to provide what organizations are eligible to create Community Trusts and joint Community Trusts; to provide for boards of trustees and their appointment, qualifications, reimbursement for expenses, rules, and powers and duties; to provide for the contents of the documents establishing a Community Trust; to provide for the administration of contributions and earnings; to provide for separate accounts for each life beneficiary and for administrative fees; to provide for co-trustees and successor co-trustees and their appointment and powers and duties; to provide for additional conditions if the donor designates himself or herself or his or her spouse as the life beneficiary; to provide for revocation of contributions, waiver of the right to revoke, and distribution of assets upon revocation; to provide for noncash distributions and permissible benefits; to provide for withdrawal and termination of the trust and distributions; to provide for distributions upon the death of the life beneficiary and modifications to remain eligible for government benefits; to provide for successor trusts; to provide that no life beneficiary, donor, co-trustee, successor co-trustee, or trustee shall have a vested or property rights or interests in the trust; to provide for exceptions; to

Page 805

provide that assets and income of the trust shall not be liable for the debts or subject to seizure by the creditors of the life beneficiary, donor, co-trustee, or trustee; to provide for immunity for trustees, co-trustees, and successor trustees; to provide for exceptions; to provide for distributions upon dissolution; to provide for certain actions by the attorney general; to provide that community trusts are not subject to principles of law against perpetuities or restraints on alienation; to provide that this Act does not impair or limit the creation of other charitable trusts; to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for disregard of assets and noncash distributions from Community Trusts and similar trusts in determining eligibility for public assistance; to provide for exceptions; to amend Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, so as to provide for the validity of certain spendthrift provisions in a Community Trust; 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 30 of the Official Code of Georgia Annotated, relating to handicapped persons, is amended by adding at the end thereof a new Chapter 9 to read as follows: CHAPTER 9 ARTICLE 1 30-9-1. This chapter shall be known and may be cited as the `Technology Related Assistance for Individuals with Disabilities Act.' 30-9-2. Individuals with disabilities comprise a significant and increasing percentage of Georgia's population. The General Assembly finds and declares that action is necessary to assist these individuals in their homes, schools, employment, and communities to become more independent and productive citizens of the state. Many of these individuals require technology related devices and technology related services in order to perform functions, such as caring for themselves, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning, in order to have the ability to participate in society and the work force. The General Assembly finds that the majority of these individuals incurred permanent disabilities as a result of accidental injuries and crime related incidents. In order to meet present and increasing needs of Georgians for technology related devices and technology related services, it is necessary for the state to provide funds that neither supplant nor replace existing state or federal funds for the Technology Related Trust Fund for Individuals with Disabilities.

Page 806

30-9-3. As used in this chapter, the term: (1) `Commission' means the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission created in Code Section 30-9-4. (2) `Individual with disability' means any individual of any age who, for the purposes of Georgia or federal law, is considered to have a disability, including victims of crimes, injuries, and chronic health conditions, whether congenital or acquired; and who is or would be enabled by technology related devices or technology related services to maintain or improve his or her ability to function in society and the workplace. (3) `Qualifying borrower' means any individual, nonprofit corporation, or partnership which demonstrates that the loan will assist one or more persons with disabilities to improve their independence or become more productive members of the community. The individual must demonstrate credit worthiness and repayment abilities to the satisfaction of the commission. (4) `Technology related assistance' means either the provision of technology related devices or technology related services to improve the independence, quality of life, or productive involvement in the community of individuals with disabilities. (5) `Technology related device' means any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities. (6) `Technology related service' means any service that directly assists an individual with a disability in the selection, acquisition, or use of a technology related device, including: (A) The evaluation of the needs of an individual with a disability, including a functional evaluation in the individual's customary environment; (B) Purchasing, leasing, or otherwise providing for the acquisition of technology related devices by individuals with disabilities; (C) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing technology related devices; (D) Coordinating and using other therapies, interventions, or services with technology related devices, such as those associated with existing education and rehabilitation plans and programs; and (E) Training or technical assistance for an individual or the family of an individual with disabilities; for professionals, including individuals

Page 807

providing education and rehabilitation services; employers; or other individuals who provide services to, employ, or are otherwise substantially involved with individuals with disabilities. (7) `Trust fund' means the Technology Related Assistance Trust Fund for Individuals with Disabilities established in Code Section 30-9-20. 30-9-4. (a) There is established the Technology Related Assistance Trust Fund for Individuals with Disabilities Commission which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. (b) The commission shall consist of nine members appointed by the Governor. Members shall be appointed for terms of four years, their initial appointments, however, being three for four-year terms, three for three-year terms, and three for two-year terms. State officers or employees may be appointed to the commission unless otherwise prohibited by law. As a group, the citizen members shall demonstrate knowledge in the area of technology related assistance as users or providers of rehabilitative services to the extent practicable. The members shall be composed of the following groups: (1) The commissioner of the Department of Human Resources or a designee; (2) The state auditor or a designee; (3) A certified public accountant; (4) An experienced consumer lender; and (5) Five citizens representing persons with a range of disabilities. (c) In the event a commission member is unable to attend 25 percent of the scheduled meetings in a 12 month period, the commission may elect to remove that member after written notification to that member and the Governor. (d) In the event of death, resignation, disqualification, or removal for any reason of any member of the commission, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (e) The initial terms for all members shall begin July 1, 1997. (f) Membership on the commission does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (g) The Governor shall designate a chairperson of the commission from among the members, which chairperson shall serve in that position at

Page 808

the pleasure of the Governor. The commission may elect such other officers and committees as it considers appropriate. (h) The commission, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. The compensation of such personnel shall be paid from moneys in the trust fund. Such personnel may be members of the classified service of the State Merit System of Personnel Administration as defined in paragraph (2) of Code Section 45-20-2. The commission shall utilize existing state resources and staff of participating departments whenever practicable. Personnel expenses and other costs authorized in this subsection shall be paid from moneys in the trust fund. 30-9-5. Members of the commission shall receive as compensation that which is appropriate for members of the General Assembly per meeting for each day such member of the commission is in attendance at a meeting of such commission, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Members with disabilities shall be compensated for costs associated with personal assistance, interpreters, and disability related accommodations for the purpose of conducting the business of the commission. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund. 30-9-6. (a) The commission shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The commission shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings; (3) Adopt rules and regulations for the transaction of its business; (4) Promulgate rules in accordance with the Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' to carry out the purposes of this chapter, which will ensure that individuals, profit and nonprofit corporations, and partnerships will be eligible for loans; (5) Administer and disburse funds to support purposes established by this chapter and contract with state or community based groups dealing with individuals with disabilities to assist in administering programs established by this chapter; (6) Maintain records of all expenditures of the commission, funds received as gifts and donations, and disbursements made from the trust fund; and

Page 809

(7) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The commission shall be able to enter into loan agreements with any qualifying borrower, who must demonstrate that: (1) The loan will assist one or more individuals with disabilities in improving their independence or in becoming more productive members of the community; and (2) The applicant has the ability to repay the loan. Any necessary loan limitation shall be determined by the commission. All loans must be repaid within such terms and at such interest rates as the commission may determine to be appropriate in accordance with guidelines established by rules made pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (c) The commission may award loans to qualifying borrowers for purposes including, but not limited to, the following: (1) To assist one or more individuals with disabilities to improve their independence through the purchase of technology related devices; and (2) To assist one or more individuals with disabilities to become more independent members of the community and improve their quality of life within the community through the purchase of technology related devices. 30-9-7. The commission may accept federal funds granted by Congress or executive order for the purposes of this chapter as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the trust fund to be disbursed as other moneys in such trust fund. 30-9-8. The Department of Human Resources under the direction of the commissioner of human resources and the Board of Human Resources shall develop and furnish to the commission criteria for determining disbursements from the trust fund.

Page 810

ARTICLE 2 30-9-20. The Technology Related Assistance Trust Fund for Individuals with Disabilities is created as a separate fund in the state treasury. The trust fund shall be expended only as provided in this chapter. 30-9-21. The General Assembly is authorized to appropriate state moneys for the trust fund. The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts paid, appropriated, or donated to such trust fund. All funds appropriated to or otherwise paid into the trust fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated or paid and shall not lapse. 30-9-22. The director of the Office of Treasury and Fiscal Services shall invest trust fund money in the same manner in which state funds are invested as authorized by the State Depository Board pursuant to Article 3 of Chapter 17 of Title 50. 30-9-23. After determining that a disbursement should be made and after approval of such disbursement by the Governor, the commission shall forward a certified copy of the order granting the payment to the Office of Treasury and Fiscal Services, which shall be authorized to draw a warrant or warrants upon the trust fund to pay the amount of the disbursement from such trust fund. 30-9-24. The moneys collected in the trust fund shall be used in the following order, but not limited to such order, of priority to: (1) Implement a revolving loan program for technology related devices; (2) Provide technology related devices to individuals with severe disabilities who meet economic criteria established by the commission; (3) Provide support for technology related assistance; (4) Provide technology related compensation to crime victims without resources for technology related assistance; (5) Provide technology related and disability prevention education and research; (6) Disseminate public information;

Page 811

(7) Conduct program evaluation and needs assessment; (8) Operate the commission; and (9) Conduct research and demonstration projects. SECTION 2. Said title is further amended by inserting a new chapter to be designated Chapter 10 to read as follows: CHAPTER 10 30-10-1. The General Assembly finds and declares the following: (1) It is an essential function of state government to provide basic support for persons with one or more mental or physical impairments that substantially limit one or more major life activities, whether the impairments are congenital or occur by reason of accident, injury, age, or disease; (2) The cost of providing basic support for persons with mental or physical impairments is difficult for many citizens to afford, and they are forced to rely upon the government to provide that support; (3) The families and friends of persons with mental or physical impairments desire to supplement, but not replace, the basic support provided by state government and other governmental programs; (4) Medical, social, and other supplemental services are often provided by family members and friends of persons with mental or physical impairments for the lifetime of the impaired persons; and (5) It is necessary and desirable for the public health, safety, and welfare of the citizens of this state to encourage, enhance, and foster the ability of family members and friends of those individuals with mental or physical impairments to supplement, but not to replace, the basic support provided by state government and other governmental programs and to provide for medical, social, or other supplemental services for those persons with impairments. 30-10-2. As used in this chapter, the following words shall have the following meanings: (1) `Board of trustees' means a board of trustees of a Community Trust established pursuant to this chapter. (2) `Community Trust' means a trust administered in accordance with this chapter by a nonprofit organization that qualifies as a

Page 812

tax-exempt organization under Section 501(c)(3) of the United States Internal Revenue Code for the benefit of persons with impairments. (3) `Co-trustee' means any person named by the donor to work with the board of trustees in providing benefits to a life beneficiary; provided, however, that neither the donor nor the donor's spouse shall be the co-trustee if the donor or the donor's spouse is the life beneficiary. (4) `Donor' means any person who contributes assets to a Community Trust to establish an account for a life beneficiary. (5) `Impairment' means a mental or physical disability that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury, age, or disease, and where the impairment is verified by medical findings. (6) `Life beneficiary' means a beneficiary designated by a donor to a Community Trust. (7) `Successor trust' means the trust established upon distribution by the board of trustees pursuant to notice of agreement of withdrawal or termination with a co-trustee and administered as set forth in this chapter. (8) `Successor trustee' means the trustee as designated by the donor who shall administer the successor trust. (9) `Trustee' means a member of a Community Trust board of trustees. 30-10-3. (a) Donors may supplement the care, support, habilitation, rehabilitation, and treatment of persons with impairments pursuant to this chapter. Neither the contribution to a Community Trust for the benefit of a life beneficiary nor the use of Community Trust income or principal to provide benefits shall in any way reduce, impair, or diminish the benefits for which a person is otherwise eligible by law. (b) The assets held by the board of trustees of any Community Trust and its income and operations shall be exempt from all state and local taxation. 30-10-4. Nonprofit organizations which qualify as tax-exempt organizations under Section 501 (c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments are eligible to create Community Trusts in accordance with the provisions of this chapter. Two or more organizations which qualify as tax-exempt organizations under

Page 813

Section 501 (c)(3) of the United States Internal Revenue Code and which have expertise regarding the care, support, habilitation, rehabilitation, and treatment of impaired persons are eligible to create joint Community Trusts in accordance with the provisions of this chapter. 30-10-5. Each Community Trust shall have a board of trustees appointed by the governing body of the nonprofit organization forming the trust, which shall include persons with expertise in business and investments and persons with expertise regarding the care, support, habilitation, rehabilitation, and treatment of persons with impairments. The members of the board of trustees shall serve without compensation but shall be reimbused by the Community Trust for their actual expenses relating to the trust. The board of trustees shall administer the Community Trust and establish policies and rules and regulations necessary to exercise its powers in accordance with this chapter. 30-10-6. (a) The board of trustees shall take all steps necessary to satisfy all federal and state laws to ensure that the Community Trust is qualified to supplement the provision of government funding for persons with one or more impairments and, where necessary, is qualified as a tax-exempt entity under the United States Internal Revenue Code. (b) The documents establishing a Community Trust shall include and be limited by the following: (1) To be eligible to participate in a Community Trust, a life beneficiary must suffer from one or more impairments as defined in this chapter; (2) A Community Trust may accept contributions from any source, so long as basic eligibility requirements are satisfied, to be held, administered, managed, invested, and distributed in order to facilitate the coordination and integration of private financing for individuals who have one or more impairments, while maintaining the eligibility of those individuals for government funding. All contributions and the earnings of a Community Trust shall be administered as one trust for purposes of investment and management of funds. Notwithstanding the administration as one trust for investment and management, separate accounts shall be established for each designated life beneficiary. The net income earned after deducting administrative expenses shall be credited to the accounts of the life beneficiaries, in proportion to the amount of the contribution made for each life beneficiary to the total contributions made for all life beneficiaries. Administrative fees charged to an account of a life beneficiary shall not exceed the income allocated to that account;

Page 814

(3) Every donor shall designate a specific person as the life beneficiary of the contribution made by the donor. In addition, each donor shall name a co-trustee and a successor or successors to the co-trustee to act with the trustees of the Community Trust on behalf of the designated life beneficiary. A life beneficiary or the spouse of a life beneficiary shall not be eligible to be a co-trustee or a successor co-trustee; (4) If a donor designates himself or herself or his or her spouse as the life beneficiary, then the account of the life beneficiary shall, regardless of any other provision of this chapter, meet the following additional conditions: (A) The contribution to the Community Trust shall be irrevocable; (B) The funds remaining in the life beneficiary's account upon the death of the life beneficiary shall be retained by the Community Trust; and (C) Neither the donor nor the donor's spouse shall serve as co-trustee; (5) During his or her lifetime, any donor who has not designated himself or herself or his or her spouse as the life beneficiary may revoke any contribution made to a Community Trust. Notwithstanding the first sentence of this paragraph, any donor may, at any time, voluntarily waive the right to revoke. Upon revocation, an amount equal to the current fair market value of the balance of the life beneficiary's account in the Community Trust as determined on the date of revocation shall be returned to the donor; (6) The co-trustee and the trustees annually shall agree on the amount of income or principal, or both, to be used to provide noncash benefits and the nature and type of benefits to be provided to the life beneficiary. Such permissible benefits shall include, but not be limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary education aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary but which will not defeat the life beneficiary's eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary. The trustees and co-trustee may exercise discretion to make payments from time to time for a person to accompany the life beneficiary on vacations and outings and for the transportation of the life beneficiary or of friends and relatives of the life beneficiary to visit the life beneficiary. Expenditures shall not be made for the primary support or maintenance of the life beneficiary, including basic food,

Page 815

shelter, and clothing if, as a result, the life beneficiary would no longer be eligible to receive public benefits or assistance for which the life beneficiary would otherwise be eligible. Any net income which is not used shall be added annually to the principal; (7) Any co-trustee other than the donor may, for good and sufficient reason upon written notice to the trustees, withdraw all of the current fair market value of the balance of the life beneficiary's account in the trust as determined on the date of withdrawal. In no event shall a co-trustee be entitled to withdraw only a portion of the current fair market value of the life beneficiary's account in the trust. In the event of withdrawl, the current fair market value of the balance of the life beneficiary's account in the trust shall be distributed to the trustee of the successor trust; (8) If a life beneficiary for whose benefit a contribution has been made to the trust ceases to be eligible to participate in the trust, and neither the donor nor the co-trustee revokes or withdraws the contribution, then the board of trustees may, by written notice to the donor or co-trustee, terminate the trust as to such life beneficiary. Upon termination, the board of trustees shall distribute the fair market value of such life beneficiary's account in the trust to the trustee of the successor trust to be held, administered, and distributed by the successor trustee in accordance with the successor trust described in paragraph (10) of this subsection; (9) Upon the death of the life beneficiary, then an amount equal to the current fair market value of the balance of the life beneficiary's account in the trust, as determined on the date of death, less payment of funeral and burial costs of the life beneficiary, shall be distributed to the person or persons the donor has designated. To the extent this provision must be modified for the life beneficiary to remain eligible for government benefits, such modifications shall be made; and (10) Upon receipt of a notice of withdrawal from a co-trustee other than the donor and a determination by the board of trustees that the reason for the withdrawal is good and sufficient or upon the issuance of a notice of termination by the board of trustees, the board of trustees shall distribute and pay over to the trustee of the successor trust the current fair market value of the life beneficiary's account in the trust. The trustee of the successor trust shall hold, administer, and distribute the principal and income of the successor trust, in the discretion of the trustee, for the maintenance, support, health, education, and general well-being of the life beneficiary, recognizing that it is the purpose of the successor trust to supplement, not replace, any government benefits for the life beneficiary's basic support for which the life beneficiary may be eligible and to improve the quality of the life beneficiary's life by providing him or her with those amenities which cannot otherwise be provided by public assistance or

Page 816

other available sources. Permissible expenditures include, but are not limited to: more sophisticated dental, medical, and diagnostic work or treatment than is otherwise available from public assistance; private rehabilitative training; supplementary education aid; entertainment; periodic vacations and outings; expenditures to foster the interests, talents, and hobbies of the life beneficiary; and expenditures to purchase personal property and services which will make life more comfortable and enjoyable for the life beneficiary but which will not defeat his or her eligibility for public assistance. Expenditures may include payment of the funeral and burial costs of the life beneficiary. The trustee of the successor trust, in his or her discretion, may make payments from time to time for a person to accompany the life beneficiary on vacations and outings and for the transportation of the life beneficiary or of friends or relatives of the life beneficiary to visit the life beneficiary. Any undistributed income of the successor trust shall be added to the principal from time to time. Expenditures shall not be made for the primary support or maintenance of the life beneficiary, including basic food, shelter, and clothing, if, as a result, the life beneficiary would no longer be eligible to receive public benefits or assistance for which the life beneficiary would otherwise be eligible. After the death and burial of the life beneficiary, the remaining balance of the successor trust shall be distributed to the person or persons as the donor has designated. 30-10-7. (a) No life beneficiary shall have any vested or property rights or interests in a Community Trust. No life beneficiary shall have the power to anticipate, assign, convey, alienate, or otherwise encumber any interest in the income or principal of a Community Trust. The income or principal or any interest of any life beneficiary under a Community Trust shall not be liable for any debt incurred by the life beneficiary. The principal or income of a Community Trust shall not be subject to seizure by any creditor of any life beneficiary under any writ or proceeding in law or in equity. (b) Except for the right of a donor other than a donor or a donor's spouse who is a life beneficiary to revoke any contribution made to a Community Trust, pursuant to paragraph (5) of subsection (b) of Code Section 30-10-6, and the right of any co-trustee other than the donor, to withdraw all or a portion of the contribution made to the account of a life beneficiary, pursuant to paragraph (7) of subsection (b) of Code Section 30-10-6, neither the donor nor any co-trustee has the right to sell, assign, convey, alienate, or otherwise encumber, for consideration or otherwise, any interest in the income or the principal of a Community Trust. The income or the principal or any interest of any life beneficiary in the trust shall not be liable for any debt incurred by the donor or any co-trustee. The principal or income of a Community Trust shall not be

Page 817

subject to seizure by any creditor of any donor or any co-trustee under any writ or proceeding in law or in equity. 30-10-8. No trustee, co-trustee, or successor trustee serving pursuant to the provisions of this chapter shall at any time be liable for any mistake of law or fact, or of both law and fact, or errors of judgment, or for any loss sustained by a Community Trust, or by any life beneficiary, or by any other person, except through actual fraud or willful misconduct on the part of such trustee, co-trustee, or successor co-trustee. 30-10-9. (a) Upon the dissolution of any organization administering a Community Trust, the remaining balance of each trust account shall be distributed to other Community Trusts. The attorney general may bring an action in the superior courts for the dissolution of a nonprofit organization or a Community Trust for the purpose of terminating the trust or merging it with another Community Trust. (b) Community Trusts shall not be subject to or held to be in violation of any principle of law against perpetuities or restraints on alienation, including the Uniform Statutory Rule Against Perpetuities. (c) Nothing contained in this chapter shall be construed so as to impair or limit the creation of other forms of trusts or charitable trusts, whether or not similar to Community Trusts permitted by this chapter. SECTION 3. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by inserting in Code Section 49-4-6, relating to reserves, income, and resources to be disregarded in determining eligibility for public assistances, a new subsection to be designated subsection (c) to read as follows: (c) Notwithstanding any other provision of this Code section, this chapter, or state law, to the extent that such disregard does not violate federal law or terminate or decrease the state's eligibility for federal funding for public assistance or for disabled persons, the Department of Human Resources, the Department of Medical Assistance, and their successors shall disregard for the purpose of eligibility for public assistance or assistance for disabled persons any funds or property held in trust for a disabled person by a Community Trust created and administered in accordance with Chapter 10 of Title 30, a trust for a person with one or more impairments with substantially similar provisions for distributions, or any noncash distributions from such trusts. SECTION 4. Chapter 12 of Title 53 of the Official Code of Georgia Annotated, relating to trusts, is amended by striking in its entirety Code Section 53-12-28,

Page 818

relating to spendthrift provisions, and inserting in lieu thereof the following: 53-12-28. (a) A spendthrift provision is a provision in a trust that the interest of the beneficiary in the income or in the principal or in both may not be voluntarily or involuntarily transferred before payment or delivery of the interest to the beneficiary by the trustee. (b) A spendthrift provision prohibiting voluntary transfers is valid and enforceable. (c) Except as otherwise provided in this subsection, a spendthrift provision prohibiting involuntary transfers is valid and enforceable. Except with regard to a Community Trust established pursuant to Chapter 10 of Title 30, a spendthrift provision prohibiting involuntary transfers is not valid if the beneficiary is the settlor. A spendthrift provision prohibiting involuntary transfers is not valid as to the following claims against a distribution to a beneficiary, other than a beneficiary who has a medically determined physical or mental disability that substantially impairs the beneficiary's ability to provide for the beneficiary's care or custody and constitutes a substantial handicap or in the case of a life beneficiary of a Community Trust, to the extent the distribution would be subject to garnishment under the laws of this state if the distribution were disposable earnings: (1) Tort judgments; (2) Taxes; (3) Governmental claims; (4) Alimony; (5) Child support; or (6) Judgment for necessaries not voluntarily provided by the claimant. (d) Notwithstanding any other provision in this Code section to the contrary, a spendthrift provision in a bona fide pension or retirement trust is valid and enforceable with reference to the entire interest of the beneficiary in the income or in the principal or in both, even if the beneficiary is also the settlor of the trust, except where a claim is made pursuant to a qualified domestic relations order as defined in 26 U.S.C. Section 414(p), or any subsequent statute of similar import. SECTION 5. The purpose of Section 1 of this Act is to implement the proposed amendment to the Constitution authorizing the creation of the Technology Related Assistance Trust Fund for Individuals with Disabilities. The

Page 819

provisions of Section 1 of this Act shall become effective only upon the ratification of such amendment by the qualified electors of this state at the 1996 general election. If such amendment is not ratified, Section 1 of this Act shall be automatically repealed January 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. DOMESTIC RELATIONS FAMILY VIOLENCE SHELTERS; APPROVAL BY DEPARTMENT OF HUMAN RESOURCES. Code Sections 19-13-20, 19-13-21, and 19-13-22 Amended. No. 861 (Senate Bill No. 513). AN ACT To amend Article 2 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, so as to provide that shelters that are approved by the Department of Human Resources to receive state funds are not required also to be licensed by the Department of Human Resources; 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 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence shelters, is amended by striking paragraphs (4) and (5) of Code Section 19-13-20, relating to definitions, and inserting in their places the following: (4) `Family violence program' means any program whose primary stated purpose is to provide services to victims of family violence. A family violence program may be but is not required to be associated with a family violence shelter. (5) `Family violence shelter' means a facility approved by the department for the purpose of receiving, on a temporary basis, persons who are subject to family violence. Family violence shelters are distinguished from shelters operated for detention or placement of children only, as provided in subsection (a) of Code Section 15-11-20. SECTION 2. Said article is further amended by striking paragraphs (1) and (4) of subsection (a) and subsection (c) of Code Section 19-13-21, relating to the

Page 820

powers and duties of the Department of Human Resources, and inserting in their places the following: (1) To establish minimum standards for an approved family violence shelters to enable such shelters to receive state funds; (4) To distribute funds to an approved shelter as funds become available; SECTION 3. Said article is further amended by striking Code Section 19-13-22, relating to eligibility of family violence shelters for licensing and funding, and inserting in its place the following: 19-13-22. (a) In order to be approved and funded under this article, each shelter shall: (1) Provide a facility which will serve as a shelter to receive or house persons who are family violence victims; (2) Receive the periodic written endorsement of local law enforcement agencies; (3) Receive a minimum of 25 percent of its funding from other sources. Contributions in kind, whether materials, commodities, transportation, office space, other types of facilities, or personal services, may be evaluated and counted as part of the required local funding; and (4) Meet the minimum standards of the department for approving family violence shelters; provided, however, that facilities not receiving state funds shall not be required to be approved. (b) The department shall provide procedures whereby local organizations may apply for approval and funding. Any local agency or organization may apply to participate. (c) Each approved family violence shelter shall be designated to serve as a temporary receiving facility for the admission of persons subject to family violence. Each shelter shall refer such persons and their spouses to any public or private facility, service, or program providing treatment or rehabilitation services, including, but not limited to, the prevention of such violence and the care, treatment, and rehabilitation of persons engaged in or subject to family violence. (d) Family violence shelters and family violence programs may be established throughout the state as private, local, state, or federal funds are available. Any county or municipality in this state is authorized to make grants of county or municipal funds, respectively, to any family

Page 821

violence center approved as such in accordance with the minimum standards of the department. (e) The family violence shelters shall establish procedures pursuant to which persons subject to family violence may seek admission to these shelters on a voluntary basis. (f) Each family violence shelter shall have a board composed of at least three citizens, one of whom shall be a member of a local, municipal, or county law enforcement agency. SECTION 4. This Act shall become effective on April 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. EDUCATION LOCAL BOARDS OF EDUCATION; FINANCIAL REPORTS AND STATEMENTS; ORIENTATION TRAINING FOR NEW BOARD MEMBERS. Code Section 20-2-67 Enacted. Code Section 20-2-230 Amended. No. 862 (Senate Bill No. 516). AN ACT To amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide that the members of the board of education of any local system which has a budget deficit and submits a corrective action plan to the Department of Education shall, during the period of such deficit, review and acknowledge a report of all monthly expenditures submitted by the system's local school superintendent; to require each local board of education to publish annually an actual financial operations statement for the local school system; to provide that the state auditor shall prescribe the form of such statement; to provide for submission of copy of the actual financial operations statement to the Department of Education; to provide for public inspection; to amend Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, so as to extend the hours of orientation training for new members of local school boards and to specify certain areas of training; to change the provisions relating to the entities conducting training workshops; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 822

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, is amended by adding at the end thereof a new Code Section 20-2-67 to read as follows: 20-2-67. (a) The local system superintendent employed by any local school system which is required to submit to the Department of Education a corrective action plan as provided in Code Section 20-2-283 designed to correct a budget deficit for such local system shall, from the time such deficit is discovered until the time it is eliminated, present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such system during the current month. The report shall be presented to board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meetings of the board of education. (b) Not later than September 30 of each year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such local school system for the preceding fiscal year. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent. (c) A copy of the actual financial operations form required to be published by subsection (a) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local city governmental administration. A current copy of said form shall be maintained on file in the central administrative office for public inspection by each local board of education for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request. SECTION 2. Code Section 20-2-230 of the Official Code of Georgia Annotated, relating to staff development programs, 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 at least

Page 823

12 hours of 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; provided, however, that at least six of these 12 hours of training shall be specifically related to education finance, generally accepted accounting principles, and budgeting. The board of education of the Department of Children and Youth Services shall be exempt from the six hours of training in education finance, generally accepted accounting principles, and budgeting. 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 and 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 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COURTS JUVENILE PROCEEDINGS; USE OF JUVENILE COURT RECORDS. Code Section 15-11-38 Amended. No. 863 (Senate Bill No. 539). 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 use of certain juvenile court records; to repeal conflicting laws; and for other purposes.

Page 824

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 (b) of Code Section 15-11-38, relating to the nature and effect of adjudication in juvenile courts, and inserting in lieu thereof the following: (b) The disposition of a child and evidence adduced in a hearting in the juvenile court may not be used against such child in any proceeding in any court other than for a proceeding for delinquency or unruliness, whether before or after reaching majority, except in the establishment of conditions of bail, plea negotiations, and sentencing in felony offenses. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. REVENUE AND TAXATION LAND BANK AUTHORITIES; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 48, Chapter 4, Article 4 Amended. No. 864 (Senate Bill No. 545). AN ACT To amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to change a definition; to change provisions relating to the dissolution of a land bank authority; to change provisions relating to the board of the authority; to change provisions relating to the administration of properties; to change provisions relating to the acquisition and disposal of property; to change provisions relating to the foreclosure of the right of redemption to property conveyed to the authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, is amended by striking said article in its entirety and inserting in lieu thereof a new Article 4 to read as follows:

Page 825

ARTICLE 4 48-4-60. As used in this article, the term: (1) `Agreement' means the interlocal cooperation agreement entered into by the parties pursuant to this article. (2) `Authority' means the land bank authority established pursuant to this article. (3) `Parties' means the parties to the agreement, which shall include one or more cities and the county containing such cities. (4) `Property' means real property, including any improvements thereon. (5) `Tax-delinquent property' means any property on which the taxes levied and assessed by any party remain in whole or in part unpaid on the date due and payable. 48-4-61. (a) One or more cities and the county containing such cities may enter into an interlocal cooperation agreement for the purpose of establishing a land bank authority pursuant to this article. (b) The authority shall be a public body corporate and politic with the power to sue and be sued and to accept and issue deeds in its name and to institute quia timet actions and shall have any other powers necessary and incidental to carry out the powers granted by this article. (c) The authority shall be established to acquire the tax delinquent properties of the parties in order to foster the public purpose of returning land which is in a nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide housing, new industry, and jobs for the citizens of the county. The authority shall have the powers provided in this article and those necessary and incidental to the exercise of such powers. (d) Any authority established pursuant to this article may be dissolved by any party to the agreement or, where multiple cities are involved, any city may withdraw from the agreement which established the authority or such authority may be dissolved by local Act of the General Assembly. 48-4-62. (a) The authority shall be governed by a board composed in such a manner as to provide two members to represent each party: two appointed by the mayor of each party city and two appointed by the county commission of the party county. Each member shall serve at the pleasure of the respective appointing authority for a term of four years and shall serve without compensation. The members shall be residents of the county and may be employees of the parties. Any vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.

Page 826

(b) The board of the authority shall meet from time to time as required, and the presence of either (1) three members, if there are only two parties to the agreement, or (2) 50 percent of the members then in office, if there are more than two parties to the agreement, shall constitute a quorum. Approval by a majority of the membership then in office shall be necessary for any action to be taken by the authority. All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. A chairperson shall be elected from among the members, and he or she shall execute all deeds, leases, and contracts of the authority when authorized by the board. (c) The authority may employ its own staff or may utilize employees of the parties, as determined by the agreement. 48-4-63. (a) The authority shall hold in its own name, for the benefit of the parties, all properties conveyed to it by the parties, all tax-delinquent properties acquired by it pursuant to this article, and all properties otherwise acquired. (b) It shall be the duty of the authority to administer the properties acquired by it, as follows: (1) All property acquired by the authority shall be inventoried and appraised and the inventory shall be maintained as a public record; (2) The authority shall organize and classify the property on the basis of suitability for use; (3) The authority shall maintain all property held by it in accordance with applicable laws and codes; and (4) The authority shall have the power to manage, maintain, protect, rent, lease, repair, insure, alter, sell, trade, exchange, or otherwise dispose of any property on terms and conditions determined in the sole discretion of the authority. The authority may assemble tracts or parcels of property for public parks or other public purposes, and to that end may exchange parcels and otherwise effectuate the purposes determined by agreement with any party. (c) The acquisition and disposal of property by the authority shall not be governed or controlled by any regulations or laws of the parties unless specifically provided in the agreement and transfers of property by parties to the authority shall be treated as transfers to a body politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) Property held by the authority may be sold, traded, exchanged, or otherwise disposed of by the authority so long as the disposition is

Page 827

approved by a majority of the membership, as required in subsection (b) of Code Section 48-4-62 for any action by the authority, and approved as follows: (1) If the property is located within a party city and the party county, approved by both authority members appointed by the mayor of such city and one of the authority members appointed by the county commission; (2) If the property is located within the county party but outside all the party cities, approved by both authority members appointed by the county commission; or (3) If the property is located within a party city but outside the party county, approved by both authority members of such city. 48-4-64. (a) If any party obtains a judgment against a tax delinquent property within the party county or any of the party cities for taxes and, to satisfy the judgment, the 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. (b) In accordance with the provisions of Code Section 48-4-45, the authority shall have the right to foreclose the right to redeem property at any time after the 12 month redemption period has expired pursuant to Code Section 48-4-65. Notwithstanding the foregoing provisions of this subsection, the right of redemption shall automatically terminate and expire upon failure to redeem in accordance with Code Section 48-4-81 where the tax sale was conducted pursuant to Article 5 of this chapter. (c) When a property is acquired by the authority, the authority shall have the power to extinguish all county and city taxes, including school district taxes, at the time it sells or otherwise disposes of property; provided, however, that, with respect to school district taxes, the authority shall first obtain the consent of the board of education governing the school district in which the property is located. In determining whether or not to extinguish taxes, the authority shall consider the public benefit to be gained by tax forgiveness with primary consideration given to purchasers who intend to build or rehabilitate low-income housing. The decision by the authority to extinguish taxes is subject to the vote requirements for dispositions of property under subsection (d) of Code Section 48-4-63. (d) At the time that the authority sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall

Page 828

be allocated as determined by the authority among the following priorities: (1) furtherance of authority operations; (2) recovery of authority expenses; and (3) distribution to the parties and the appropriate school district in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to the agreement of the parties in accordance with the public policy stated in this article. (e) The authority shall have full discretion in determining the sales price of the property. The agreement of the parties shall provide for a distribution of property that favors neighborhood nonprofit entities obtaining the land for low-income housing and, secondarily, other entities intending to produce low-income or moderate-income housing. 48-4-65. The authority may foreclose the right of redemption to the property conveyed to the authority pursuant to a tax sale conducted in accordance with Article 1 of this chapter in the following manner: (1) The record title to the property shall be examined and a certificate of title shall be prepared for the benefit of the authority; (2) The authority shall serve the prior owner whose interest was foreclosed upon and all persons having record title or interest in or lien upon the property with a notice of foreclosure of this right to redeem in conformance with Code Section 48-4-46; (3) In the event persons entitled to service are located outside the county, they may be served by certified mail; or (4) In the event the sheriff is unable to perfect service or certified mail attempts are returned unclaimed, the authority shall conduct a search for the person with an interest in the property conveyed to the authority, which search must, at a minimum, have included the following: (A) An examination of the addresses given on the face of the instrument vesting interest or the addresses given to the clerk of the superior court by the transfer tax declaration form. The clerk of the superior court and the tax assessor of the county are required to share information contained in the transfer tax declaration form with one another in a timely manner; (B) A search of the current telephone directory for the county in which the property is located; (C) A letter of inquiry to the person who sold the property to the defendant in the tax sale at the address shown in the transfer tax declaration form or in the telephone directory; (D) A letter of inquiry to the attorney handling the closing prior to the tax sale if provided on the deed forms;

Page 829

(E) A sign being no less than four feet by six feet shall be erected on the property and maintained by the authority for a minimum of 30 days reading as follows: `THIS PROPERTY HAS BEEN CONVEYED TO THE __________ LAND BANK AUTHORITY BY VIRTUE OF A SALE FOR UNPAID TAXES. PERSONS WITH INFORMATION REGARDING THE PRIOR OWNER OF THE PROPERTY ARE REQUESTED TO CALL __________.'; and (F) If the authority has made the search as required by this paragraph and been unable to locate those persons required to be served under paragraph (2) of this Code section or, having located additional addresses of those persons through such search, attempted without success to serve those persons in either manner provided by paragraph (2) or (3) of this Code section, the authority shall make a written summary of the attempts made to serve the notice, in recordable form, and may authorize the foreclosure of the redemption rights of record. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COURTS SUPERIOR COURTS; DAWSON COUNTY; TERMS. Code Section 15-6-3 Amended. No. 865 (Senate Bill No. 547). AN ACT To amend Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, so as to change the term of court for Dawson County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-6-3 of the Official Code of Georgia Annotated, relating to terms of court, is amended by striking in its entirety paragraph (26) and inserting in lieu thereof the following: (26) NORTHEASTERN CIRCUIT: (A) Dawson County First Monday in March and second Monday in September.

Page 830

(B) Hall County First Monday in May and November and second Monday in January and July. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. ALCOHOLIC BEVERAGES SUNDAY SALES FOR CONSUMPTION ON PREMISES DURING CERTAIN HOURS IN CERTAIN COUNTIES; SUNDAY SALES OF DISTILLED SPIRITS FOR CONSUMPTION ON PREMISES AT PRIVATE CLUBS; REFERENDA ON LOCAL AUTHORIZATION OF SALES BY DRINK. Code Sections 3-3-7 and 3-4-91 Amended. Code Section 3-7-2 Enacted. No. 866 (Senate Bill No. 585). AN ACT To amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to authorize certain county governing authorities to provide by ordinance or resolution for the sale of alcoholic beverages for consumption on the premises on Sunday in certain counties during certain hours; to amend Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to the procedure for local authorization of sales by the drink, so as to change the time limitation on holding subsequent referendum elections; 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 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended in Code Section 3-3-7, relating to authorization and regulation of Sunday sales, by striking subsection (m) of said Code section and inserting in its place a new subsection (m) to read as follows: (m) In all municipalities or counties or in any portion of any municipality or county in which the sale of alcoholic beverages is lawful, the governing authority of the municipality or county may authorize the sale of alcoholic beverages for consumption on the premises at any time from 11:55 P.M. on Saturdays until 2:55 A.M. on Sundays by the adoption of an ordinance or resolution. The provisions of this subsection are in addition to or cumulative of and not in lieu of any other provisions of this title granting certain authority to a county or municipality relative to the sale of alcoholic beverages for consumption on the premises. Said

Page 831

authorization may be revoked by such governmental authority in the same manner. SECTION 1A. Said title is further amended by adding after Code Section 3-7-1 a new Code Section 3-7-2 to read as follows: 3-7-2. Notwithstanding any other provision of this chapter, a bona fide private club at which the sale of distilled spirits by the drink for consumption only on the premises where sold is otherwise authorized pursuant to this chapter is authorized to sell distilled spirits by the drink at any time on Sundays. SECTION 2. Code Section 3-4-91 of the Official Code of Georgia Annotated, relating to the procedure for local authorization of sales by the drink, is amended by striking subparagraph (b)(1)(C) and inserting in its place a new subparagraph (C) to read as follows: (C) Following the expiration of one year 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. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. HIGHWAYS, BRIDGES, AND FERRIES OUTDOOR ADVERTISING; DEPICTION OF OBSCENE MATERIAL PROHIBITED; ADVERTISEMENT OF COMMERCIAL ESTABLISHMENTS WHERE NUDITY EXHIBITED RESTRICTED. Code Section 32-6-75 Amended. No. 867 (Senate Bill No. 586). AN ACT To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to provide that no outdoor advertising depicting obscene material shall be allowed; to restrict outdoor advertising of commercial establishments where nudity is

Page 832

exhibited; to provide for legislative intent; to define a certain term; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, is amended by striking in its entirety Code Section 32-6-75, relating to restrictions on certain outdoor advertising, and inserting in lieu thereof a new Code Section 32-6-75 to read as follows: 32-6-75. (a) No sign authorized by paragraphs (4) through (6) of Code Section 32-6-72 and paragraph (4) of Code Section 32-6-73 shall be erected or maintained which: (1) Advertises an activity that is illegal under Georgia or federal laws or regulations in effect at the location of such sign or at the location of such activity; (2) Is obsolete; (3) Is not structurally safe, clean, and in good repair; (4) Is not securely affixed to a substantial structure which is permanently attached to the ground; (5) Is attached to, drawn, or painted upon trees, rocks, or other natural features; (6) Moves or has any moving or animated parts; (7) Emits or utilizes in any manner any sound capable of being detected on the main traveled way by a person with normal hearing; (8) If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information; (9) If illuminated, is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way, which beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with the operation of a motor vehicle; (10) If illuminated, is illuminated so that it obscures or interferes with the effectiveness of an official traffic sign, device, or signal; (11) Contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses

Page 833

the entire sign, in excess of 1,200 square feet or exceeding 30 feet in height or 60 feet in length, inclusive of any border and trim but excluding the base, apron, supports, and other structural members; provided, however, that, in counties having a population greater than 500,000 according to the United States decennial census for 1970 or any such future census, the maximum size of 1,200 square feet, the maximum height of 30 feet, and the maximum length of 60 feet may be exceeded, but in no event shall any such sign exceed 3,000 square feet; provided, further, that no such oversize signs shall be erected after July 1, 1973; (12) Contains more than two faces visible from the same direction on the main-traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign; (13) Is in an area not zoned for commercial or industrial activity and within 300 feet of a residence without the written consent of the owner; (14) Is within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; (15) Is located so as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; (16) Is located so as to obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic; (17) Is located adjacent to an interstate highway and which is within 500 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 500 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 500 foot zone is visible from the interstate highway at any time; (18) Is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way; (19) Is located outside of the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 300 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 300 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 300 foot zone is visible from the primary system highway at any one time;

Page 834

(20) Is located within the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 100 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 100 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 100 foot zone is visible from the primary system highway at any one time; or (21) Depicts any material which is obscene as such term is defined in Code Section 16-12-80. (b)(1) As used in this subsection, the term `nudity' means the displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person's pubic hair, anus, cleft of the buttocks, vulva, or genitals. (2) Since the exhibition of nudity or depictions of nudity in connection with the sale or consumption of alcoholic beverages may be restricted or prohibited in certain political subdivisions of this state pursuant to Article III, Section VI, Paragraph VII of the Constitution, since an outdoor advertising device advertising a commercial establishment where nudity is exhibited which is located in a political subdivision different from where the commercial establishment is located may mislead the traveling public and cause a devaluation of the property in the area surrounding such outdoor advertising, and since outdoor advertising of a commercial establishment where nudity is exhibited may divert the attention of drivers and thus cause traffic hazards, it is the intent of the General Assembly to protect the welfare and safety of the residents of this state and the traveling public by regulating outdoor advertising of commercial establishments where nudity is exhibited. (3) Any outdoor advertising of a commercial establishment where nudity is exhibited shall be limited to the property where such commercial establishment is located, and the size, type, and number of outdoor advertising devices on any such property may be further regulated by rules and regulations promulgated by the commissioner of transportation. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 835

CRIMES AND OFFENSES EMERGENCY MEDICAL PROFESSIONALS; OBSTRUCTING OR HINDERING PROHIBITED; PENALTIES. Code Section 16-10-24.2 Amended. No. 868 (Senate Bill No. 607). AN ACT To amend Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, so as to provide for the offense of obstructing or hindering emergency medical professionals or persons working under the direction of emergency medical professionals; to clarify certain terms; to provide a definition; to provide penalties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public administration, is amended in Article 2 by striking in its entirety Code Section 16-10-24.2, relating to obstructing or hindering emergency medical technicians, and inserting in lieu thereof the following: 16-10-24.2. (a) As used in this Code section, the term: (1) `Emergency medical technician' means any person who has been certified as an emergency medical technician, cardiac technician, paramedic, or first responder pursuant to Chapter 11 of Title 31. (2) `Emergency medical professional' means any person performing emergency medical services who is licensed or certified to provide health care in accordance with the provisions of Chapter 11, Chapter 26, or Chapter 34 of Title 43. (b) Except as otherwise provided in subsection (c) of this Code section, a person who knowingly and willfully obstructs or hinders any emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency medical professional in the lawful discharge of the official duties of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a misdemeanor. (c) Whoever knowingly and willfully resists or obstructs any emergency medical technician, any emergency medical professional, or any properly identified person working under the direction of an emergency

Page 836

medical professional in the lawful discharge of the official duties of the emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional by threatening or doing violence to the person of such emergency medical technician, emergency medical professional, or properly identified person working under the direction of an emergency medical professional is guilty of a felony and shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. GENERAL PROVISIONS HOLIDAYS AND OBSERVANCES; FIREFIGHTER APPRECIATION DAY. Code Section 1-4-12 Enacted. No. 869 (Senate Bill No. 626). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide for Firefighter Appreciation Day; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by inserting at the end thereof the following: 1-4-12. The first Tuesday in February of each year is designated as `Firefighter Appreciation Day' in Georgia. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 837

EDUCATION POWERS AND DUTIES OF GEORGIA STUDENT FINANCE COMMISSION AND GEORGIA STUDENT FINANCE AUTHORITY; CERTAIN EMPLOYEES OF THE COMMISSION TO BECOME EMPLOYEES OF THE AUTHORITY; CERTAIN EMPLOYEES OF THE AUTHORITY NOT STATE EMPLOYEES OR SUBJECT TO MERIT SYSTEM; EMPLOYEE BENEFITS. Code Title 20, Chapter 3, Article 7 Amended. No. 870 (Senate Bill No. 641). 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 delete certain provisions relating to the merit system; to change the provisions relating to the powers and duties of the Georgia Student Finance Commission; to change the provisions relating to the powers and duties of the Georgia Student Finance Authority; to provide additional powers for such authority; to provide that employees of the Georgia Student Finance Commission shall become employees of the Georgia Student Finance Authority; to provide for the status, rights, and benefits of employees of the commission who become employees of the authority; 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 adding the word and at the end of paragraph (4) and striking the semicolon at the end of paragraph (5) of Code Section 20-3-235, relating to the board of commissioners of the Georgia Student Finance Commission and officers and employees of such commission, and inserting at the end of paragraph (5) a period; and striking and repealing in its entirety paragraph (6) of said Code Section 20-3-235 which reads as follows: (6) Merit system. All full-time, budgeted employees of the commission shall continue, without interruption, to be subject to and covered by Article 1 of Chapter 20 of Title 45; but the position of the executive director and such other employee positions as may be determined by the board of commissioners to be exempt from the classified service pursuant to that chapter shall be exempt, nonclassified positions; and the board of commissioners shall determine and fix the salary and other compensation and benefits to be paid or provided to the employees occupying those positions. SECTION 2. Said article is further amended by striking in its entirety Code Section 20-3-236, relating to the powers and duties of the Georgia Student Finance

Page 838

Commission and its board of commissioners, officers, and employees, and inserting in lieu thereof a new Code Section 20-3-236 to read as follows: 20-3-236. In addition to all other provisions of this part and in furtherance of the purposes of the commission, the commission shall have the following powers, duties, and functions: (1) The board of commissioners shall serve as the board of directors of the corporation pursuant to this paragraph and Part 2 of this article; and, whenever they are convened as and are acting in the capacity of the board of directors of the corporation, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the corporation in accordance with Part 2 of this article without regard to any other power, duty, or function vested in them under this part or under any other provision of law; (2) The board of commissioners shall serve as the board of directors of the authority pursuant to this paragraph and Part 3 of this article; and, whenever they are convened as and are acting in the capacity of the board of directors of the authority, they shall carry out and fully effectuate the powers, duties, functions, and corporate purposes of the authority in accordance with Part 3 of this article without regard to any other power, duty, or function vested in them under this part or under any other provision of law; (3) The officers of the commission shall serve in the same capacity as officers of the corporation and as officers of the authority, respectively, pursuant to this paragraph and Parts 2 and 3 of this article, respectively. Nothing contained in this part, however, shall be construed to mean or require that the officers of the board of directors of the corporation and the officers of the board of directors of the authority shall be the same persons or that they shall be the same persons who are serving as officers of the board of commissioners under this part; (4) The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the corporation and disburse such moneys to the corporation; (5) The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the authority and disburse such moneys to the authority; (6) The commission shall receive all moneys made available to the commission by the General Assembly or otherwise for purposes of the commission and use such moneys for purposes of the commission; (7) The commission shall also have the following additional powers; (A) To adopt an official seal and to alter the seal at its pleasure;

Page 839

(B) To maintain a principal office and such other offices as it may deem necessary; (C) To adopt bylaws and policies for the regulation of its affairs and the conduct of its business; (D) To adopt rules and regulations necessary or appropriate for the administration of its affairs; the exercise of its powers, duties, and functions; and the accomplishment of its purposes, pursuant to this part; (E) To enter into agreements and undertakings as may be necessary or appropriate in the exercise of its powers, duties, and functions under this part; (F) To perform such other acts as may be necessary or appropriate to effectuate the purposes of the commission under this part; (G) To enter into agreements with the United States government for the purpose of securing the benefits of any federal law which provides federal funds for any student financial aid purpose or for any activity related to student financial aid, including, without limitation, activities such as research activities, the collection and reporting of data, the administration of any activity related to student financial aid, and dissemination of information and services to the public; to comply with the provisions of such federal law; to adopt such rules, regulations, resolutions, and procedures as may be necessary to secure such federal funds; and to provide matching funds as may be required from funds available to the commission; (H) To receive funds from any source, public or private, by gift, grant, bequest, or otherwise, either absolutely or in trust, and to hold, use, invest, administer, and expend such funds on behalf of the commission and for any of its purposes; and to acquire from any source, public or private, by purchase, lease, gift, bequest, or devise, any property, real, personal, or mixed, either absolutely or in trust, and to hold, use, administer, and dispose of such property on behalf of the commission and for any of its purposes; and (I) To advertise or otherwise promote the programs, functions, and purposes of the commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority and to expend funds available to the commission for such purposes. SECTION 3. Said article is further amended by striking in their entirety subparagraphs (V) and (W) of paragraph (1) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, and inserting in lieu thereof new subparagraphs (V), (W), and (X) to read as follows:

Page 840

(V) To bring and defend actions in the name of the authority and to plead and be impleaded; (W) To exercise any power usually possessed by private corporations performing similar functions; and (X) To appoint officers, agents, and employees, to prescribe their duties and qualifications, and to fix their compensation; SECTION 4. Said article is further amended by renumbering paragraphs (2) through (5) of Code Section 20-3-316, relating to the powers and duties of the Georgia Student Finance Authority, as paragraphs (3) through (6) respectively, and inserting following paragraph (1) a new paragraph (2) to read as follows: (2) Employees of the authority may perform management, supervisory, administrative, and clerical functions required by the commission and the corporation, and the authority will be compensated for such expenses as directed by the board of commissioners. SECTION 5. Said article is further amended by adding following Code Section 20-3-328 a new Code Section 20-3-329 to read as follows: 20-3-329. (a) All employees of the commission shall, on July 1, 1996, become employees of the authority, subject to the operating needs of the authority. Any employees of the commission whom the director gives the opportunity to elect to be transferred to the authority on July 1, 1996, shall be subject to the operating needs of the authority. (b) Except for persons who transfer to the authority pursuant to subsection (a) of this Code section, no person who becomes an employee of the authority on or after July 1, 1996, shall be considered a state employee or subject to the state merit system under Chapter 20 of Title 45. No such person shall be considered an `employee' within the meaning of Chapter 2 of Title 47, and no such person shall be entitled to membership in the Employees' Retirement System of Georgia. (c) All persons who transfer to the authority pursuant to subsection (a) of this Code section and who, immediately prior to such transfer, are state employees in the unclassified service of the state merit system as defined in Code Section 45-20-2 shall remain in the unclassified service of the state merit system. All such persons who, immediately prior to the transfer, are state employees in the classified service of the state merit system as defined in Code Section 45-20-2 may elect to remain in the classified service and be governed by the relevant provisions of the state merit system; provided, however, that if any such person accepts a

Page 841

promotion or transfer to another position, he or she shall become an employee in the unclassified service for purposes of benefits administered pursuant to the state merit system. (d) The rights and benefits in the Employees' Retirement System of Georgia and any employee benefits of any employee transferring to the authority pursuant to subsection (a) of this Code section shall not be impaired. SECTION 6. This Act shall become effective on July 1, 1996. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. AGRICULTURE GEORGIA PLANT FOOD ACT OF 1989 AMENDED; GUARANTEED ANALYSIS DEFINED. Code Section 2-12-2 Amended. No. 871 (Senate Bill No. 655). AN ACT To amend Code Section 2-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the Georgia Plant Food Act of 1989, so as to change the definition of the term guaranteed analysis; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 2-12-2 of the Official Code of Georgia Annotated, relating to definitions of terms used in Article 1 of Chapter 12 of Title 2, known as the Georgia Plant Food Act of 1989, is amended by striking paragraph (10) of said Code section and inserting in lieu thereof a new paragraph (10) to read as follows: (10) `Guaranteed analysis' means the minimum percentage of primary plant nutrients claimed in the following order and form: (A) Total nitrogen (N) _____ Percent (%) Available phosphoric acid (P2O5) _____ Percent (%) Soluble potash (K2O) _____ Percent (%) (B) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total

Page 842

phosphoric acid, degree of fineness, or both, may also be guaranteed. (C) Secondary and micro plant nutrients, if added or claimed, shall be guaranteed in elemental form and shall be a part of the guaranteed analysis immediately following guarantees for primary plant nutrients. Guarantees shall be in the following order, and sources (oxides, sulfates, salts, chelates, etc.) of nutrients must be shown on the label. Except for guarantees for those water soluble nutrients labeled for ready to use foliar or specialty liquid fertilizers, hydroponic, or continuous liquid feed programs, the minimum percentages which will be accepted are as follows: ELEMENTS PERCENT Calcium (Ca) 1.0000 Magnesium (Mg) 0.5000 Sulfur (S) 1.0000 Boron (B) 0.0200 Chlorine (Cl) 0.1000 Cobalt (Co) 0.0005 Copper (Cu) 0.0500 Iron (Fe) 0.1000 Manganese (Mn) 0.0500 Molybdenum (Mo) 0.0005 Sodium (Na) 0.1000 Zinc (Zn) 0.0500 SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. LOCAL GOVERNMENT COUNTIES; FINANCIAL STATEMENTS AND AUDITS; COPIES SUBMITTED TO GRAND JURIES. Code Section 36-1-7 Amended. No. 872 (Senate Bill No. 659). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, so as to provide that

Page 843

copies of the county financial statement or audit be submitted to the grand jury; 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 36 of the Official Code of Georgia Annotated, relating to general provisions relative to counties, is amended by striking subsection (a) of Code Section 36-1-7, relating to submissions of returns by county officials to the grand juries, and inserting in lieu thereof the following: (a) The judges of the probate courts, county treasurers, clerks of the superior courts, and sheriffs of the various counties shall make a return, under oath, to the grand juries of their respective counties on the first day of each term of the superior court. The return shall set forth a just and true statement of the amount of money belonging to the county which was received by them and the source from which the money was received, along with their expenditures, accompanied by a copy of the most recent financial statement or annual audit of the financial affairs of the county offices subject to this Code section. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. PROFESSIONS AND BUSINESSES MARRIAGE AND FAMILY THERAPY; USE OF CERTAIN TITLE BY UNLICENSED PERSONS PROHIBITED; ELIGIBILITY AND REQUIREMENTS FOR LICENSURE. Code Sections 43-10A-7, 43-10A-8, and 43-10A-13 Amended. No. 873 (Senate Bill No. 705). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, so as to change the prohibitions against using certain titles and designations; to change the provisions relating to eligibility for licensure; to change the provisions regarding licensure in marriage and family therapy; to provide for associate marriage and family therapists; to repeal conflicting laws; and for other purposes.

Page 844

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10A of Title 43 of the Official Code of Georgia Annotated, the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, is amended by striking subsection (a) of Code Section 43-10A-7, relating to use of certain titles and designations, and inserting in its place the following: (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, or marriage and family therapy, nor advertise the performance of such practice, nor use the title `professional counselor,' `social worker,' `marriage and family therapist,' or `associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, social worker, marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter. SECTION 2. Said chapter is further amended by striking paragraph (2) of Code Section 43-10A-8, relating to eligibility for licensure, and inserting in its place the following: (2) Having successfully passed the examination established for that specialty under Code Section 43-10A-9, except that persons meeting the requirements of subparagraph (a)(2)(A) of Code Section 43-10A-13 shall not be required to pass such examination;. SECTION 3. Said chapter is further amended by striking Code Section 43-10A-13, relating to requirements for licensure in marriage and family therapy, which reads as follows: 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

Page 845

(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 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., and inserting in its place the following: 43-10A-13. (a) The education, experience, and training requirements for licensure in marriage and family therapy are as follows:

Page 846

(1) For licensure as an associate marriage and family therapist, a master's degree in a program in marriage and family therapy or a program including a master's degree and additional post-master's degree coursework, both of which programs shall include three courses in marriage and family studies, three courses in marriage and family therapy, three courses in human development, one course in marriage and family therapy ethics, and one course in research, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution; completion of a one-year practicum in marriage and family therapy under supervision before or after the granting of the master's degree, which practicum shall include 500 hours of direct clinical experience in marriage and family therapy and 100 hours of supervision of such experience; and registration with the board of an acceptable contract for obtaining the post-master's experience under direction and supervision required for licensure as a marriage and family therapist; and (2) For licensure as a marriage and family therapist: (A) Licensure as an associate marriage and family therapist and two years of full-time post-master's experience or its equivalent in the practice of marriage and family therapy under direction and supervision as an associate marriage and family therapist, which shall include a minimum of 2,000 hours of direct clinical experience and 100 hours of supervision of such experience and which shall be completed within a period of not less than two years and not more than five years; (B) A master's degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, which degree shall have been granted by a recognized educational institution and shall include a course of study in the principles and practice of marriage and family therapy, including at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; and three years' full-time post-master's experience or its equivalent under direction and supervision in the practice of any specialty, which shall include a minimum of 2,500 hours of direct clinical experience, one year of which may have been in an approved practicum before or after the granting of the master's degree which shall include a minimum of 500 hours of direct clinical experience, and two years of which shall have been in the practice of marriage and family therapy which shall include a minimum of 2,000 hours of direct clinical experience, and 200 hours of supervision of such experience all of which shall be

Page 847

completed within a period of not less than three years and not more than five years; or (C) A doctorate degree from a program in any specialty, any allied profession, applied child and family development, applied sociology, or from any program accredited by the Commission on Accreditation for Marriage and Family Therapy education, which degree shall have been granted by a recognized educational institution and shall include a course of study in the principles and practice of marriage and family therapy, including at least two courses in marriage and family studies, two courses in marriage and family therapy, and, after July 1, 2000, one course in marriage and family therapy ethics; two years' full-time post-master's experience under direction in the practice of marriage and family therapy which shall include a minimum of 1,500 hours of direct clinical experience, one year of which may have been in an approved internship program before or after the granting of the doctoral degree, which shall include a minimum of 500 hours of direct clinical experience, and one year of which shall have been full-time post-master's experience, which shall include a minimum of 1,000 hours of direct clinical experience; and 100 hours of supervision of such experience in the practice of marriage and family therapy, 50 hours of which may have been obtained while a student or intern in an accredited doctoral program. (b) Persons intending to apply for licensure as a marriage and family therapist and who have completed one of the graduate degrees required for such licensure may register a contract with the board for obtaining the required post-master's experience under direction and supervision. (c) Associate marriage and family therapists may only use the title `associate marriage and family therapist' and may practice marriage and family therapy only under direction and supervision and only for a period not to exceed five years while obtaining the post-master's experience required for licensure as a marriage and family therapist. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 848

BANKING AND FINANCE PROFESSIONAL STAFF OF COMMISSIONER OF BANKING AND FINANCE; FEES OF DEPARTMENT OF BANKING AND FINANCE; DEPOSITS OF INTESTATE DECEASED DEPOSITORS; PAYMENT OF CHECKS PAYABLE TO INTESTATE DECEASED PERSONS; BORROWING BY BANKS; INVESTIGATIONS OF BANKS AND TRUST COMPANIES; PROHIBITED ACTS; INTERSTATE MERGERS, CONSOLIDATIONS, OR CONVERSIONS; BRANCH BANKING; UNLAWFUL ACQUISITIONS BY HOLDING COMPANIES; CURRENCY TRANSACTION REGULATION; MORTGAGE BROKERS AND LENDERS; EXEMPTIONS AND REGISTRATION; LICENSE APPLICATIONS; INVESTIGATION OF AND REQUIREMENTS FOR APPLICANTS FOR LICENSES OR REGISTRATION; INDEMNIFICATION FOR VIOLATIONS; RECORDS OF LICENSEES AND REGISTRANTS; REPORTS AND FINANCIAL STATEMENTS REQUIRED; MORTGAGE BUSINESS PROHIBITED ACTS. Code Title 7, Chapter 1 Amended. No. 874 (Senate Bill No. 721). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to specify qualifications and service level for certain personnel of the commissioner of banking and finance; to change provisions relating to various fees which the Department of Banking and Finance may charge; to change provisions relating to payment of certain deposits of and checks payable to intestate deceased persons; to change provisions relating to borrowing by banks; to change provisions relating to investigations of banks and trust companies by the department; to add a prohibition on certain lending of funds held in trust by banks or trust companies; to change merger, consolidation, and conversion provisions; to expand branch banking provisions; to make a technical change in the law governing unlawful acquisitions; to change provisions regulating certain currency transactions; to change provisions relating to licensing, registration, exemption, and investigation of mortgage lenders and mortgage brokers; to change definitions relating to mortgage lenders and brokers; to change provisions relating to prohibited acts, reports, and financial statements of mortgage lenders and brokers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by striking subsection (a) of Code

Page 849

Section 7-1-35, relating to professional staff of the commissioner, and inserting in lieu thereof the following: (a) The commissioner shall appoint from time to time, with the right to discharge at will, one or more deputy commissioners, who shall also be ex officio examiners. The commissioner may appoint such additional examiners and assistants as he or she may need to discharge in a proper manner the duties imposed upon the commissioner by law, subject to any applicable rules and regulations of the state merit system and within the limitations of the appropriation to the department as prescribed in this chapter. Each deputy commissioner and not more than ten additional persons designated by the commissioner shall be in the unclassified service. Further, all persons in the positions of assistant deputy commissioner, supervisory examiner, and senior financial examiner shall be in the unclassified service. All persons in the positions of district director, assistant deputy commissioner, supervisory examiner, and senior financial examiner shall have had at least five years of experience as an examiner in a federal or state agency supervising financial institutions. All other personnel of the department including assistant financial examiners and financial examiners shall be governed by such rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compensation, seniority privileges, tenure, and other employment standards of the state merit system. As used in this Code section, the term `state merit system' shall mean that system established pursuant to Article 1 of Chapter 20 of Title 45. SECTION 2. Said chapter is further amended by striking Code Section 7-1-41, relating to fees of the department, and inserting in lieu thereof the following: 7-1-41. The department may, by regulation, prescribe annual examination fees, license fees, registration fees, and supervision fees to be paid by the institutions and entities assigned to the department by this title for regulation, supervision, licensure, or registration. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, mortgage loan fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. Such fees may very by type of institution regulated and nature of the work performed. SECTION 3. Said chapter is further amended by striking Code Section 7-1-239, relating to deposits of intestate deceased depositors, and inserting in lieu thereof the following:

Page 850

7-1-239. (a) Except as provided in subsection (b) of this Code section and in Article 8 of this chapter, whenever any person dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial institution shall be authorized to pay the proceeds of such deposit directly to the following persons: (1) To the surviving spouse; (2) If no surviving spouse, to the children pro rata; (3) If no children or surviving spouse, to the father and mother pro rata; or (4) If none of the above, then to the brothers and sisters of the decedent pro rata. (b) Except as provided in Article 8 of this chapter, if no application for the deposit is made by any person named in subsection (a) of this Code section within 90 days from the death of the intestate depositor, the financial institution shall be authorized to apply not more than $10,000.00 of the deposit of such deceased depositor in payment of the funeral expenses and expenses of the last illness of such deceased depositor upon the receipt of itemized statements of such expenses and the affidavit of the providers of such services that the itemized statements are true and correct and have not been paid. The financial institution shall pay such expenses in the order received after the death of the depositor. (c) Payments pursuant to subsections (a) and (b) of this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir, distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent or without the necessity of obtaining an order that no administration is necessary. (d) In any case in which a deceased depositor has more than $10,000.00 on deposit in a financial institution, such financial institution shall be authorized to pay any amount up to $10,000.00 to any of the persons authorized by this Code section to receive said deposit. The payment shall only act as a full and final acquittance of liability up to the amount paid by the financial institution and shall not act as a full and final acquittance to the financial institution of all liability. (e) Notwithstanding any other provisions of law to the contrary, when any person dies intestate as a resident of this state and any person is left in possession of moneys belonging to the decedent, which moneys do not exceed $10,000.00, such person shall deposit such moneys into a

Page 851

savings account in the name of the decedent in a financial institution located in the area of the decedent's residence. Such account shall be managed in accordance with the signature contract in effect at the financial institution at the time the account is opened. Any financial institution receiving such deposits is authorized to pay the proceeds in accordance with subsections (a), (b), (c), and (d) of this Code section. (f) As used in this Code section, the term `financial institution' includes any federally chartered financial institution. (g) Application by any claimant or claimants entitled in this Code section to receive deposits at a financial institution shall include an affidavit by the claimant or claimants which states that they qualify as the proper relation to the decedent as specified in this Code section and that the claimant or claimants know of no other corresponding claimant or claimants to such deposit. The financial institution may rely on a properly executed affidavit in disbursing the funds according to this Code section. SECTION 4. Said chapter is further amended by striking Code Section 7-1-239.1, relating to payment of checks payable to intestate deceased persons, and inserting in lieu thereof the following: 7-1-239.1. (a) Whenever any person dies intestate having possession of or a right to possession of a check or other instrument payable to such deceased person and the amount of the check or instrument does not exceed $10,000.00, the financial institution on which the check or instrument is drawn shall be authorized to accept and redeem the check or instrument by payment to the following persons: (1) To the surviving spouse; (2) If no surviving spouse, to the children pro rata; (3) If no children or surviving spouse, to the father and mother pro rata; or (4) If none of the above, then to the brothers and sisters of the decedent pro rata. (b) If a check or other instrument is payable to more than one person, it may be accepted and redeemed as provided in subsection (a) of this Code section only if it has been endorsed by each payee other than the decedent. (c) Payments made pursuant to this Code section shall operate as a complete acquittal and discharge to the financial institution of liability from any suit, claim, or demand of whatever nature by any heir,

Page 852

distributee, creditor of the decedent, or any other person. Such payment is authorized to be made as provided in this Code section without the necessity of administration of the estate of the decedent and without the necessity of obtaining an order that no administration is necessary. (d) As used in this Code section, the term `financial institution' includes any federally chartered financial institution. (e) Application by any claimant or claimants entitled in this Code section to receive payments of checks or other instruments at a financial institution upon which such instrument is drawn shall include an affidavit by the claimant or claimants which states that they qualify as the proper relation to the decedent as specified in this Code section and that the claimant or claimants know of no other corresponding claimant or claimants to such funds. The financial institution may rely on a properly executed affidavit in disbursing the funds according to this Code section. SECTION 5. Said chapter is further amended by striking Code Section 7-1-291, relating to borrowings by banks, and inserting in lieu thereof the following: 7-1-291. (a) Subject to the restrictions of subsection (c) of this Code section, a bank may borrow money and issue notes, debentures, or other obligations to evidence such borrowings. (b) The following outstanding liabilities are not subject to the restrictions in this Code section: (1) Liabilities to a federal reserve bank on account of money borrowed or rediscounts; (2) Liabilities on account of the acquisition of reserve balances at a federal reserve bank or other reserve agent from a member or a nonmember bank; (3) Liabilities on account of agreements to repurchase securities sold by the bank (commonly known as `repurchase agreements'); (4) Liabilities in the form of subordinated securities under Code Section 7-1-419; and (5) Liabilities which do not constitute or result from the borrowing of money under definitions prescribed by regulation of the department. (c) A bank that wishes to borrow from sources other than those listed in subsection (b) of this Code section may borrow an aggregate amount which exceeds the sum of twice its unimpaired capital stock plus 100 percent of its unimpaired paid-in capital, appropriated retained earnings, and retained earnings, provided the bank's board of directors has

Page 853

approved a comprehensive written funding plan that addresses the following safety and soundness concerns: (1) The plan must contain a detailed evaluation of the bank's management expertise and information systems to support the plan; and (2) The plan must contain adequate asset and liability, liquidity, and funds management policies and procedures to specifically address the use of borrowings as an alternate funding source. (d) The department may, notwithstanding the other provisions of this Code section, temporarily waive the requirements of this Code section to permit an individual bank to borrow for emergency purposes. The department shall review the funding plan of each bank as a part of its normal supervisory program. The department may prohibit or place additional restrictions upon borrowings of any bank which would, in the judgment of the department, constitute an unsafe or unsound practice in view of the condition and circumstances of the bank. SECTION 6. Said chapter is further amended by adding at the end of Code Section 7-1-394, relating to investigations of banks and trust companies, a new subsection to read as follows: (e) The department may utilize in its investigation process such reports from other bank supervisory agencies as are pertinent to the requirements of Georgia law. SECTION 7. Said chapter is further amended by adding at the end of Code Section 7-1-492, relating to prohibited acts of bank directors, officers, and employees, a new subsection to read as follows: (c) It shall be unlawful for any bank or trust company to lend to any officer, director, or employee any funds held in trust under powers granted in this chapter. SECTION 8. Said chapter is further amended by adding at the end of Code Section 7-1-530, relating to authority to merge or consolidate banks or trust companies, a new subsection to read as follows: (d) A merger or consolidation across state lines of any one or more banks or trust companies shall also be subject to the provisions of Part 20 of this chapter. SECTION 9. Said chapter is further amended by striking Code Section 7-1-550, relating to national bank or trust company conversions, mergers, or consolidations, and inserting in lieu thereof the following:

Page 854

7-1-550. (a) Subject to this part, a national bank located in this state may convert into, or merge or consolidate with, a bank or trust company upon: (1) Compliance with the applicable laws of the United States, including any provisions thereof relating to approval of said conversion, merger, or consolidation by the shareholders and directors of the national bank and to dissenting rights of shareholders in such national bank; (2) Adoption of any plan of merger or consolidation by the directors and shareholders of any party thereto existing under the laws of this state as required by paragraph (2) of subsection (a) of Code Section 7-1-531; (3) Approval of the conversion, merger, or consolidation by the department as provided in this part; and (4) Issuance of the appropriate certificate by the Secretary of State as provided in this part. (b) A conversion, merger, or consolidation across state lines of any one or more national banks with a bank or trust company shall also be subject to the provisions of Part 20 of this chapter. SECTION 10. Said chapter is further amended by adding at the end of Code Section 7-1-601, relating to branch banks, a new subsection to read as follows: (d) A bank with a banking office in Georgia may, consistent with this Code section, acquire from another bank a branch bank, bank office, or bank facility, without acquisition of the entire bank. Such acquisition shall be lawful only if and to the extent that such bank in Georgia could establish a branch bank, bank office, or bank facility on a de novo basis in that geographic location under the applicable provisions of Georgia law. An out-of-state bank with no lawfully established branch bank in Georgia may not directly or indirectly acquire a branch bank, bank office, or bank facility in this state. SECTION 11. Said chapter is further amended by striking subsection (a) of Code Section 7-1-608, relating to unlawful acquisitions by bank holding companies, and inserting in lieu thereof the following: (a) It shall be unlawful for a bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank, including any federal savings and loan association or federal savings bank, if, after such acquisition, such bank holding company will directly or indirectly own or control 5 percent or more of the voting shares of

Page 855

such bank, or for any company to become a bank holding company as a result of the acquisition of control of such bank, unless: (1) The bank being acquired is either a `bank' for the purposes of the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841), or a `savings and loan,' a `state savings and loan,' a `savings bank,' or a `federal savings bank' whose deposits are insured under a federal deposit insurance program; and (2) Such bank or any predecessor institution of the type described in paragraph (1) of this subsection has been in existence and continuously operating or incorporated as a bank for a period of five years or more prior to the date of acquisition. SECTION 12. Said chapter is further amended by striking subsection (a) of Code Section 7-1-912, relating to regulation of certain currency transactions, and inserting in lieu thereof the following: (a)(1) Every financial institution shall keep a record of currency transactions in excess of $10,000.00. Within 15 days of the date of the transaction a complete report of such currency transaction in excess of $10,000.00 shall be filed with the department; provided, however, the commissioner may permit a longer period to be considered a timely filing in the case of filings by magnetic media. In addition, the department or an appropriate state law enforcement agency specified by department regulation shall be notified by telephone or by wire before the close of business on the next succeeding business day whenever such currency transaction shall be in an amount exceeding $100,000.00. The department may promulgate regulations that permit currency transaction reports and suspicious activity reports filed by financial institutions with federal agencies pursuant to requirements of federal law to satisfy the currency transaction filing requirements of this paragraph, provided that the department determines that the department will have access to such reports filed with the federal agencies. (2) Pursuant to federal law a financial institution must keep a record of any currency transaction deemed suspicious for any reason, including transactions where money laundering is suspected, and file a report of such transaction with the appropriate federal authority. All such suspicious activity reports shall be simultaneously filed with the department. Such filing shall be in addition to any currency transaction report filing. (3) The provisions of paragraph (1) of this subsection shall not apply to transfers between banks, credit unions, or savings and loan associations chartered under the laws of any state or the United States which do not involve the payment or receipt of currency and which are

Page 856

accomplished through a wire or electronic transfer system operated by the Federal Reserve System, the Federal Home Loan Bank System, or other governmental agency or instrumentality; provided, however, with regard to each such transfer the bank, credit union, or savings and loan association shall maintain a record of the name, address, and tax identification number of its customer, the name and location of the corresponding bank, credit union, or savings and loan association, and the name of the customer of the corresponding bank, credit union, or savings and loan association. SECTION 13. Said chapter is further amended by striking Code Section 7-1-1000, relating to certain definitions relating to mortgage brokers and lenders, and inserting in lieu thereof the following: 7-1-1000. As used in this article, the term: (1) `Affiliate' or `person affiliated with' means, when used with reference to a specified person, a person who directly, indirectly, or through one or more intermediaries controls, is controlled by, or is under common control with the person specified. Any beneficial owner of 20 percent or more of the combined voting power of all classes of voting securities of a person or any executive officer, director, trustee, joint venturer, or general partner of a person is an affiliate of such person unless the shareholder, executive officer, director, trustee, joint venturer, or general partner shall prove that he or she in fact does not control, is not controlled by, or is not under common control with such person. (2) `Audited financial statement' means the product of the examination of financial statements in accordance with generally accepted auditing standards by an independent certified public accountant or by an independent Georgia registered public accountant considered acceptable by the department, which product consists of an opinion on the financial statements indicating their conformity with general accepted accounting principles. (3) `Commitment' or `commitment agreement' means a statement by a lender required to be licensed or registered under this article that sets forth the terms and conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. (4) `Control,' including `controlling,' `controlled by,' and `under common control with,' means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.

Page 857

(5) `Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar managerial or supervisory functions with respect to any organization whether incorporated or unincorporated. (6) `Extortionate means' means the use or the threat of violence or other criminal means to cause harm to the person, reputation of the person, or property of the person. (7) `License' means a license issued by the department under this article to act as a mortgage lender or mortgage broker. (8) `Lock-in agreement' means an agreement whereby a lender required to be licensed or registered under this article guarantees for a specified number of days or until a specified date the availability of a specified rate of interest for a mortgage loan, a specified formula by which the rate of interest will be determined, or a specific number of discount points if the mortgage loan is approved and closed within the stated period of time. (9) `Makes a mortgage loan' means to advance funds, offer to advance funds, or make a commitment to advance funds to an applicant for a mortgage loan. (10) `Misrepresent' means to make a false statement of a substantive fact or to engage in, with the intent to deceive or mislead, any conduct which leads to a false belief which is material to the transaction. (11) `Mortgage broker' means any person who directly or indirectly solicits, processes, places, or negotiates mortgage loans for others, or offers to solicit, process, place, or negotiate mortgage loans for others or who closes mortgage loans which may be in the mortgage broker's own name with funds provided by others and which loans are assigned within 24 hours of the funding of the loans to the mortgage lenders providing the funding of such loans. (12) `Mortgage lender' means any person who directly or indirectly makes, originates, or purchases mortgage loans or who services mortgage loans. (13) `Mortgage loan' means a loan or agreement to extend credit made to a natural person, which loan is secured by a deed to secure debt, security deed, mortgage, security instrument, deed of trust, or other document representing a security interest or lien upon any interest in one-to-four family residential property located in Georgia, regardless of where made, including the renewal or refinancing of any such loan.

Page 858

(14) `Person' means any individual, sole proprietorship, corporation, limited liability company, partnership, trust, or any other group of individuals, however organized. (15) `Registrant' means any person required to register under subsection (b) of Code Section 7-1-1001. (16) `Residential property' means improved real property used or occupied, or intended to be used or occupied, as the principal residence of a natural person. Such term does not include rental property or second homes. (17) `Service a mortgage loan' means the collection or remittance for another or the right to collect or remit for another of payments of principal, interest, trust items such as insurance and taxes, and any other payments pursuant to a mortgage loan. (18) `Ultimate equitable owner' means a natural person who, directly or indirectly, owns or controls an ownership interest in a corporation or any other form of business organization, regardless of whether such natural person owns or controls such ownership interest through one or more natural persons or one or more proxies, powers of attorney, nominees, corporations, associations, limited liability companies, partnerships, trusts, joint-stock companies, other entities or devices, or any combination thereof. SECTION 14. Said chapter is further amended by striking Code Section 7-1-1001, relating to exemptions and registration, and inserting in lieu thereof the following: 7-1-1001. (a) The following persons shall not be subject to the provisions of this article, unless otherwise provided by this article: (1) Any lender authorized to engage in business as a bank, credit card bank, savings institution, building and loan association, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia, the deposits of which are federally insured; (2) Any subsidiary of any lender described in paragraph (1) of this subsection or any subsidiary or affiliate of any bank holding company with banking offices in Georgia; (3) An attorney at law licensed to practice law in Georgia who is not principally engaged in negotiating mortgage loans when such attorney renders services in the course of his or her practice as an attorney at law; (4) A real estate broker or real estate salesperson not actively engaged in the business of negotiating mortgage loans; however, a real estate

Page 859

broker or real estate salesperson who receives any fee, commission, kickback, rebate, or other payment for directly or indirectly negotiating, placing, or finding a mortgage for others shall not be exempt from the provisions of this article; (5) Any person performing any act relating to mortgage loans under order of any court; (6) Any natural person or the estate of or trust created by a natural person making a mortgage loan with his or her own funds for his or her own investment, including those natural persons or the estates of or trusts created by such natural persons who make a purchase money mortgage for financing sales of their own property; (7) The United States of America, the State of Georgia or any other state, and any agency, division, or corporate instrumentality of any governmental entity, including without limitation: the Georgia Housing and Finance Authority, the Georgia Development Authority, the Federal National Mortgage Association (FNMA), the Federal Home Loan Mortgage Corporation (FHLMC), the Government National Mortgage Association (GNMA), the United States Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), the Department of Veterans Affairs (VA), the Farmers Home Administration (FmHA), and the Federal Land Banks and Production Credit Associations; (8) Any person who makes a mortgage loan to an employee of such person as an employment benefit; (9) Any licensee under Chapter 3 of this title, the `Georgia Industrial Loan Act,' provided that any mortgage loan made by such licensee is for $3,000.00 or less; (10) Nonprofit corporations making mortgage loans to promote home ownership or improvements for the disadvantaged; (11) A natural person employed by a licensed mortgage broker, a licensed mortgage lender, or any person exempted from the licensing requirements of this article when acting within the scope of employment with the licensee or exempted person; (12) Any person who purchases mortgage loans from a mortgage broker or mortgage lender solely as an investment and who is not in the business of brokering, making, or servicing mortgage loans; or (13) Any natural person who makes five or fewer mortgage loans in any one calendar year. A person other than a natural person who makes five or fewer mortgage loans in any one calendar year shall not be exempt from the licensing requirements of this article unless such person applies for and is granted an exemption by the department in accordance with regulations promulgated by the department.

Page 860

(b) In order to facilitate the department's handling of consumer inquiries and to provide for orderly record keeping, any person claiming an exemption under paragraph (1) of subsection (a) of this Code section who has no banking location in this state and any person claiming an exemption under paragraph (2) of subsection (a) of this Code section shall register initially with the department and thereafter file an application for renewal of registration with the department on or before October 1 of each year providing the department with such information as the department may prescribe by regulation, including, but not limited to, the business addresses at which such person engages in any business activities covered by this article and a telephone number that customers may use to contact such person. Registration under this subsection shall be accompanied by a registration fee to be established by regulation of the department. No person required to register under this subsection shall transact business in this state directly or indirectly as a mortgage broker or a mortgage lender unless such person is registered with the department. SECTION 15. Said chapter is further amended by adding at the end of Code Section 7-1-1002, relating to prohibitions of certain acts in the mortgage business, a new subsection to read as follows: (c) On or after July 1, 1996, every person who directly or indirectly controls a person who violates subsection (a) or (b) of this Code section, every general partner, executive officer, joint venturer, or director of such person, and every person occupying a similar status or performing similar functions as such person violates with and to the same extent as such person, unless the person whose violation arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which the original violation is alleged to exist. SECTION 16. Said chapter is further amended by striking subsection (c) of Code Section 7-1-1003, relating to applications for licenses, and inserting in lieu thereof the following: (c) The application shall be filed together with: (1) Investigation and supervision fees established by regulation. The investigation fee shall not be refundable; provided, however, any supervision fee paid at the time of the application shall be refunded if the license is not granted; and (2) A corporate surety bond issued by a bonding company or insurance company authorized to do business in this state and approved by the department, provided that such bond is required by

Page 861

this paragraph or by subparagraph (d)(2)(B) of Code Section 7-1-1004. The bond for a mortgage broker shall be in the principal sum of $50,000.00 or such greater sum as the department may require. The bond shall be in a form satisfactory to the department and shall run to the State of Georgia for the benefit of any persons damaged by noncompliance of a licensee with any condition of such bond. Such bond shall be continuously maintained thereafter in full force. Such bond shall be conditioned upon the applicant or the licensee conducting his or her licensed business in conformity with this article and all applicable laws. Any person who may be damaged by noncompliance of a licensee with any condition of such bond may proceed on such bond against the principal or surety thereon, or both, to recover damages. The provisions of this paragraph shall not apply to any mortgage broker who provides the department with an audited financial statement, which statement demonstrates that the broker has a bona fide and verifiable tangible net worth of $25,000.00. SECTION 17. Said chapter is further amended by striking Code Section 7-1-1004, relating to investigation of and requirements for applicants for licenses or registration, and inserting in lieu thereof the following: 7-1-1004. (a) Upon receipt of an application for license, the department shall conduct such investigation as it deems necessary to determine that the applicant and its officers, directors, and principals are of good character and ethical reputation; that the applicant demonstrates reasonable financial responsibility; that the applicant has reasonable policies and procedures to receive and process customer grievances and inquiries promptly and fairly; and that the applicant has and maintains an agent for service in this state. (b) The department shall not license any applicant unless it is satisfied that the applicant may be expected to operate its mortgage lending or brokerage activities in compliance with the laws of this state and in a manner which protects the contractual and property rights of the citizens of this state. (c) Except as otherwise provided in subsection (d) of this Code section, the department shall not license or register any mortgage lender unless the applicant or registrant submits audited financial statements covering the most recent fiscal year preceding the date of the application or registration or such other financial data as the department may require which disclose that the applicant or registrant has a bona fide and verifiable tangible net worth of $250,000.00 or such greater amount as the department may require, which net worth must be continuously maintained as a condition of licensure or registration. The department

Page 862

may promulgate regulations with respect to the definition of net worth and the requirement for maintaining net worth as a condition of licensure or registration. (d) The department may issue a mortgage lender's license to an applicant with a bona fide and verifiable tangible net worth of less than $250,000.00 but not less than $100,000.00, provided that such applicant satisfies the following requirements in addition to all other applicable requirements for licensure under this article: (1) In support of an application for a mortgage lender's license, the applicant shall certify that such applicant transfers or assigns all mortgage loans funded with such applicant's own funds, including, but not limited to, draws on a warehouse line of credit, to another mortgage lender prior to the due date of the first payment by the borrower, but in no event later than 45 days after the date of funding; (2) In support of an application for a mortgage lender's license, the applicant shall submit the following to the department: (A) Audited financial statements covering the applicant's most recent fiscal year preceding the date of the application or such other financial data as the department may require that demonstrate that the applicant has a bona fide and verifiable tangible net worth of $100,000.00 or such greater amount as the department may require; (B) A corporate surety bond in the principal amount of $100,000.00, which bond shall be issued by a bonding company or insurance company authorized to do business in this state and approved by the department, and which bond shall comply with the requirements for corporate surety bonds set forth in paragraph (2) of subsection (c) of Code Section 7-1-1003; and (C) Evidence of its approval to participate as a mortgagee loan correspondent in the mortgage insurance programs administered by the United States Department of Housing and Urban Development. (e) The department may not issue a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty 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

Page 863

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 the executive law to remove the disability under this subsection because of such conviction. (f) The department shall be authorized to obtain conviction data with respect to any applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant. For such purpose, the department may submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, 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 an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the department in writing of any 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 department shall be used by the department for the exclusive purpose of carrying out the responsibilities of this article, shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except to any person or agency which otherwise has a legal right to inspect the file. All such records shall be maintained by the department 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. (g) The department may deny a license or otherwise restrict a license if it finds that the applicant, or any person who is a director, officer, partner, agent, or ultimate equitable owner of 10 percent or more of the applicant, has had a license denied, revoked, or suspended within one year of the date of the application. (h) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license.

Page 864

(i) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation. SECTION 18. Said chapter is further amended by striking Code Section 7-1-1009, relating to maintenance and investigation of records of licensees and registrants, and inserting in lieu thereof the following: 7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed or registered under this article insofar as they pertain to any business for which a license or registration is required by this article. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by a federal bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article. (c) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; and

Page 865

(3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department. (d)(1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraph (3) of subsection (c) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. (g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person:

Page 866

(1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section. SECTION 19. Said chapter is further amended by striking Code Section 7-1-1010, relating to required reports and financial statements, and inserting in lieu thereof the following: 7-1-1010. (a) Each licensee and registrant shall annually, on or before April 1, file a written report with the department containing such information as the department may require concerning the business and operations during the preceding calendar year as to each licensed or registered place of business. Reports shall be made under oath and shall be in the form prescribed by the department. Any licensee or registrant who fails to prepare and file with the department by April 1 the report required by this subsection shall pay the department a late penalty of $100.00 for each day after April 1. The department may, in its discretion, relieve any licensee or registrant from the payment of any such penalty, in whole or in part, if good cause is shown. If a licensee or registrant fails to pay a penalty from which it has not been relieved, the department may, through the Attorney General, maintain an action at law to recover it. (b) Each mortgage broker licensed or registered under this article shall submit to the department initially and at the time of renewal an unaudited financial statement certified to be true and correct by the mortgage broker; provided, however, that if the mortgage broker is using its net worth and not a surety bond to meet the requirements for licensure in Code Section 7-1-1003, the mortgage broker shall submit to the department with the initial application for licensure and with any renewal applications an audited financial statement. The department may require the mortgage broker to have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement if the department finds that such an audit is necessary to determine whether the mortgage broker is

Page 867

complying with the provisions of this article and the rules and regulations adopted in furtherance of this article. Each mortgage lender licensed or registered under this article shall at least once each year have made an audit of the books and affairs of the licensed or registered business and submit to the department an audited financial statement, except that a mortgage lender licensed or registered under this article which is a subsidiary shall comply with this provision by annually providing a consolidated audited financial statement of its parent company and a financial statement, which may be unaudited, of the licensee or registrant which is prepared in accordance with generally accepted accounting principles. The department may by regulation establish minimum standards for audits and reports under this Code section. SECTION 20. Said chapter is further amended by striking Code Section 7-1-1013, relating to prohibited acts, and inserting in lieu thereof the following: 7-1-1013. It is prohibited for any person transacting a mortgage business in or from this state, including any person required to be licensed under this article and any person exempted from the licensing requirements of this article under Code Section 7-1-1001, to: (1) Misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or mortgagor to take a mortgage loan, or pursue a course of misrepresentation through agents or otherwise; (2) Misrepresent or conceal material factors, terms, or conditions of a transaction to which the mortgage lender or broker is a party, pertinent to an applicant for a mortgage loan or mortgagor; (3) Fail to disburse funds in accordance with a written commitment or agreement to make a mortgage loan; (4) Improperly refuse to issue a satisfaction of a mortgage loan; (5) Fail to account for or deliver to any person any personal property obtained in connection with a mortgage loan such as money, funds, deposit, check, draft, mortgage, or other document or thing of value which has come into the possession of the mortgage lender or broker and which is not the property of the mortgage lender or broker, or which the mortgage lender or broker is not in law or at equity entitled to retain; (6) Engage in any transaction, practice, or course of business which is not in good faith or fair dealing, or which operates a fraud upon any

Page 868

person, in connection with the making of or purchase or sale of any mortgage loan; (7) Engage in any fraudulent home mortgage underwriting practices; (8) Induce, require, or otherwise permit the applicant for a mortgage loan or mortgagor to sign a security deed, note, or other pertinent financial disclosure documents with any blank spaces to be filled in after it has been signed, except blank spaces relating to recording or other incidental information not available at the time of signing; (9) Make, directly or indirectly, any residential mortgage loan with the intent to foreclose on the borrower's property. For purposes of this paragraph, there is a presumption that a person has made a residential mortgage loan with the intent to foreclose on the borrower's property if the following circumstances can be demonstrated: (A) Lack of substantial benefit to the borrower; (B) Lack of probability of full payment of the loan by the borrower; and (C) A significant proportion of similarly foreclosed loans by such person; or (10) Provide an extension of credit or collect a mortgage debt by extortionate means. SECTION 21. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COURTS JUVENILE PROCEEDINGS; PARENTAL RESPONSIBILITY ACT OF 1996 ENACTED; ORDERS DIRECTED TO PARENTS, GUARDIANS, OR CUSTODIANS FOR WILLFUL FAILURE TO BRING OR APPEAR WITH CHILD IN COURT. Code Sections 15-11-19, 15-11-26, and 15-11-62 Amended. No. 875 (House Bill No. 1299). AN ACT To provide that parents, guardians, or other custodians of children be held accountable for their failure to appear with their children when ordered to do so by the juvenile court; to provide a short title; to provide for legislative findings; 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 juvenile court to enter certain orders directed to a parent, guardian, or

Page 869

other custodian of a child for willfully failing to bring a child before the court or for willfully failing to appear personally with the child in court when so ordered; 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 Parental Responsibility Act of 1996. SECTION 2. The General Assembly declares and finds that parents, guardians, and other persons who have control and custody of children have the duty and responsibility to instill in these children a respect for the law and the consequences of failing to comply with the law. Consistent with this responsibility, parents, guardians, and other custodians have the duty to appear with their children during proceedings concerning those children in juvenile court and should be subject to contempt or other sanctions for willfully failing to so appear. SECTION 3. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (b) of Code Section 15-11-19, relating to the procedure for taking children into custody, in its entirety and inserting in its place the following: (b) Failure of parent to bring child before court. If a parent, guardian, or other custodian, when requested, willfully fails to bring the child before the court as provided in subsection (a) of this Code section, the court may issue its order directing that the child be taken into custody and brought before the court and, in addition, may enter any order authorized by and in accordance with the provisions of Code Section 15-11-62. If it is necessary to place the child in detention prior to his or her appearance in court, the child shall be placed in a facility as authorized by Code Section 15-11-20. SECTION 4. Said article is further amended by striking subsection (c) of Code Section 15-11-26, relating to the issuance of a summons, in its entirety and inserting in its place the following: (c) The court may endorse upon the summons an order directing the parents, guardian, or other custodian of the child to appear personally at the hearing and directing the person having the physical custody or control of the child to bring the child to the hearing. In the event a parent, guardian, or other custodian of the child willfully fails to appear

Page 870

personally at the hearing after being ordered to so appear, or the parent, guardian, or other custodian of the child willfully fails to bring the child to the hearing after being so directed, the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-62. SECTION 5. Said article is further amended by striking Code Section 15-11-62, relating to contempt powers of the juvenile court, in its entirety and inserting in its place the following: 15-11-62. (a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish a person for contempt of court for willfully disobeying an order of the court or for obstructing or interfering with the proceedings of the court or the enforcement of its orders, subject to the law relating to the procedures therefor and the limitations thereon. (b) In addition or as an alternative to the punishment provided in subsection (a) of this Code section, after notice and opportunity for hearing, the court may impose any or all of the following sanctions when a parent, guardian, or other custodian willfully violates any order issued by the court directed to that parent, guardian, or other custodian: (1) Require the parent, guardian, or other custodian of the child to make restitution in an amount not to exceed $2,500.00 for any damage or loss caused by the child's wrongful act; (2) Impose a fine not to exceed $1,000.00; (3) Reimburse the state for the costs of detention, treatment, or rehabilitation of the child; (4) Require the parent, guardian, or other custodian of the child to perform court approved community service designed to contribute to the ability of the parent, guardian, or other custodian to provide proper parental care and supervision of the child; or (5) Require the parent, guardian, or other custodian of the child to enter into a contract or plan as a part of the disposition of any charges against the child, so as to provide for the supervision and control of the child by the parent, guardian, or custodian and reunification of the child with the parent, guardian, or custodian. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 871

CRIMES AND OFFENSES STATUTORY RAPE; PENALTIES DIFFERING ACCORDING TO AGE OF PERPETRATOR. Code Section 16-6-3 Amended. No. 876 (House Bill No. 1316). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to change certain penalty provisions applicable to the offense of statutory rape; to provide for different penalties depending upon the age of the perpetrator; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking subsection (b) of Code Section 16-6-3, relating to the offense of statutory rape, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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 person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, 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 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 872

BUILDINGS AND HOUSING STATE HOUSING TRUST FUND FOR HOMELESS COMMISSION; CONTRACTS WITH DEPARTMENT OF COMMUNITY AFFAIRS; FUNDS; MEETINGS; ASSISTANCE; DEPARTMENT OF COMMUNITY AFFAIRS; TERMS, COMPOSITION, OFFICERS, AND QUORUM OF BOARD; EXPENSES; CONTRACTS WITH GEORGIA HOUSING AND FINANCE AUTHORITY; STATUS OF CERTAIN EMPLOYEES; GEORGIA HOUSING AND FINANCE AUTHORITY; TERMS, COMPOSITION, OFFICERS; EXPENSES; POWERS AND DUTIES; CONTRACTS WITH DEPARTMENT OF COMMUNITY AFFAIRS; STATUS OF CERTAIN EMPLOYEES. Code Title 8, Chapter 3, Article 5 Amended. Code Title 50 Amended. No. 877 (House Bill No. 1419). AN ACT To amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, known as the State Housing Trust Fund for the Homeless Act, so as to revise definitions; to change the membership of the State Housing Trust Fund for the Homeless Commission; to authorize the commission to contract with the Department of Community Affairs; to change provisions concerning meetings; to provide that funds may be disbursed to pay for certain services provided by the Department of Community Affairs; to provide that the department may accept and disburse federal funds related to housing programs; to amend Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to require the department to assist the Georgia Housing and Finance Authority; to change the terms and composition of the Board of Community Affairs; to change the time in which officers are elected; to provide for a quorum; to provide for an expense allowance for a committee meeting of the board; to grant the department the power to enter into contracts and to undertake programs with the Georgia Housing and Finance Authority; to provide that employees of the department shall serve in the unclassified service of the state merit system and that current classified employees can elect to remain in the classified service unless promoted or transferred to another position; to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Housing and Finance Authority, so as to change the composition and terms of the members of the authority; to provide for the election of officers; to provide for an allowance for certain transportation expenses; to prohibit an expense allowance for an authority member entitled to such an allowance for performing duties as a member of the Board of Community Affairs; to provide for the delegation of certain powers and duties to its executive director; to provide for the commissioner of the Department of Community Affairs to serve as the executive director; to authorize the executive director to appoint other personnel; to provide

Page 873

for the power to contract with the Department of Community Affairs for support or for any purpose necessary or incidental to carrying out or performing its duties; to provide that no part of the assets of the authority shall be distributed to the Department of Community Affairs except under limited circumstances; to provide that the authority will be exempt from sales and use taxes on property purchased or for use by the authority; to provide that all personnel positions authorized by the authority in fiscal year 1996 shall be transferred to the Department of Community Affairs; 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 3 of Title 8 of the Official Code of Georgia Annotated, known as the State Housing Trust Fund for the Homeless Act, is amended by striking Code Section 8-3-301, relating to definitions, and inserting in lieu thereof the following: 8-3-301. As used in this article, the term: (1) `Commission' means the State Housing Trust Fund for the Homeless Commission created in Code Section 8-3-306. (2) `Homeless' means persons and families who have no access to or can reasonably be expected not to have access to either traditional or permanent housing which can be considered safe, sanitary, decent, and affordable. (3) `Low-income persons' means persons or families who lack the income necessary, as determined solely by the commission, to enable them, without financial assistance, to secure safe, sanitary, decent, and affordable housing. (4) `Member' means a member appointed to serve on the State Housing Trust Fund for the Homeless Commission. (5) `Qualified sponsor' means a nonprofit, for profit, or governmental sponsor of a residential housing project. (6) `Residential housing project' means a program designed to enhance residential housing opportunities for low-income persons. Such projects include, but are not limited to, financing in whole or in part the acquisition, rehabilitation, improvement, or construction of residential rental housing and interest rate or down payment assistance programs designed to enhance home ownership opportunities. (7) `Trust fund' means the State Housing Trust Fund for the Homeless created in Code Section 8-3-302.

Page 874

SECTION 2. Said article is further amended by striking Code Section 8-3-306, relating to the establishment of the State Housing Trust Fund for the Homeless Commission, and inserting in lieu thereof the following: 8-3-306. (a) There is established the State Housing Trust Fund for the Homeless Commission which shall consist of nine members. Two of the nine members shall be the commissioner of the Department of Community Affairs, or his or her designee, and either the chairperson of the board of directors of the Department of Community Affairs or a member of the board of directors of the Department of Community Affairs designated by the chairperson. The Governor shall appoint the remaining seven public members. The public members shall be knowledgeable in the area of housing and, to the extent practicable, shall represent diverse housing concerns. Public members shall serve for a term of four years except that initial appointments shall be staggered as follows: three of the appointees shall serve an initial term of four years and four of the appointees shall serve an initial term of two years. Public members shall continue in office until their successors have been appointed and qualified. In the event of a vacancy in the office of a public member by death, resignation, or otherwise, the Governor shall appoint a successor to serve the balance of the unexpired term. Membership on the commission does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (b) The commission shall elect a chairperson who shall serve in that position for a term of two years. The commission shall elect such other officers and appoint committees as it deems appropriate. (c) The commission shall hire no staff but shall contract with the Department of Community Affairs for professional, technical, and clerical support from the Department of Community Affairs as required. In the event that the Department of Community Affairs is unable to provide the professional, technical, or clerical services required, the commission may hire outside consultants on a specified project basis. (d) Any and all appropriations made to the trust fund pursuant to the general appropriations Act or the supplemental appropriations Act shall be directed through the Department of Community Affairs. The commission shall submit its budget to and through the Department of Community Affairs. SECTION 3. Said article is further amended by striking paragraph (1) of Code Section 8-3-308, relating to the duties of the Commission, and inserting in lieu thereof a new paragraph (1) to read as follows:

Page 875

(1) Meet at such times and places as it shall determine necessary or convenient to perform its duties;. SECTION 4. Said article is further amended by striking subsection (b) of Code Section 8-3-310, relating to authorized disbursement, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Funds may also be disbursed from the trust fund to pay expenses of the commission, to pay any and all operating expenses, and to pay for professional, technical, and clerical services provided the commission by the Department of Community Affairs or by other outside sources. SECTION 5. Article 1 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, is amended by striking subsection (b) of Code Section 50-8-3, relating to the duties of the department, and inserting in lieu thereof a new subsection (b) to read as follows: (b) The department shall serve as the principal department in the executive branch of state government for local government affairs. The department shall perform the state's role in local government affairs by carrying out the state's duties, responsibilities, and functions in local government affairs and by exercising its power and authority in local government affairs. Without limiting the generality of the purposes served by the department, the department shall: (1) Develop, promote, sustain, and assist local governments; (2) Provide a liaison between local governments and other governments, including the state government and the federal government; (3) Act as the state's principal department for local government affairs and local government services generally and for programs, functions, and studies in local government affairs and local government services and act as the coordinator on the state government level for such programs, studies, and functions provided by the department and for those provided by others; (4) Act as the state's principal department for developing, promoting, maintaining, and encouraging coordinated and comprehensive planning; (5) Develop, promote, sustain, and assist local governments in the performance of their duties and responsibilities under law to their citizens, including among such duties and responsibilities of local governments coordinated and comprehensive planning; the provision of infrastructure and other public works and improvements; the development, promotion, and retention of trade, commerce, industry,

Page 876

and employment opportunities; the provision of transportation systems; and the promotion of housing supply; (6) Serve as the representative of the Governor to local governments and in local government affairs on a regular basis and on special assignments as authorized by the Governor; and (7) Assist the Georgia Housing and Finance Authority for any purpose necessary or incidental in the administration and performance of the Georgia Housing and Finance Authority's duties, powers, responsibilities, and functions as provided in Chapter 26 of Title 50. SECTION 6. Said article is further amended by striking Code Section 50-8-4, relating to the Board of Community Affairs, and inserting in lieu thereof the following: 50-8-4. (a) The Board of Community Affairs, as it existed immediately prior to July 1, 1996, shall be abolished effective July 1, 1996, and the Board of Community Affairs, from and after July 1, 1996, is established in accordance with this Code section. The board shall establish policy and direction for the department and shall perform such other functions as may be provided or authorized by law. (b) Membership on the board shall be determined as follows: (1) The terms of all members of the Board of Community Affairs serving immediately prior to July 1, 1996, shall expire effective July 1, 1996. The Governor shall appoint the initial members of the board for terms beginning on July 1, 1996, or the date on which the Governor makes the appointment, whichever is later. The terms of initial members of the board shall expire on a staggered basis, as follows: the terms of four of the members shall expire on July 1, 1997, and the terms of three other members shall expire on each July 1 thereafter through July 1, 2001, when the terms of all initial members of the board shall have expired. The Governor shall specify, when he appoints each initial member of the board, the expiration date of that member's term. Upon expiration of the term of each initial member of the board, the Governor shall appoint all successor members of the board for terms of five years. The terms of initial members and subsequent members of the board shall extend beyond the date of expiration and until their successors are appointed and qualified; (2) The board shall be composed of one member from each United States congressional district in the state and five additional members from the state at large. Members of the board shall include elected officials of either counties or municipalities, individuals who have an interest or expertise in community or economic development, environmental

Page 877

issues, housing development, or finance, or other citizens who in the judgment and discretion of the Governor would enhance the board by their membership; (3) The term of a member shall expire when it ends or shall terminate earlier immediately upon: (A) Resignation by a member; (B) Death of a member or inability to serve as a member due to medical infirmity or other incapacity; or (C) Any change in local elective office or residence of a member which would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; (4) The Governor shall appoint a new member within 60 days after the expiration or termination of a member's term. The Governor may reappoint members of the board to consecutive terms unless such reappointment would cause the composition of the board not to comply with the requirements of paragraph (2) of this subsection; and (5) Membership on the board does not constitute public office to the extent that a member of the board is precluded from holding other public office. (c) Officers of the board shall be elected and shall serve as follows: (1) The officers of the board serving immediately prior to July 1, 1996, shall cease to serve the respective terms for which they were elected, effective July 1, 1996; (2) Thereafter the members of the board shall elect a chairman, a vice chairman, and a secretary from among the members of the board; (3) The board shall elect officers at each July meeting or, if there is no July meeting, at the next monthly meeting; (4) Officers shall serve for a term of one year, beginning with their election and qualification and ending with the election and qualification of their respective successors; and (5) No person shall hold the same office on the board for more than one term consecutively. (d) The board shall hold meetings as often as it determines to do so. The board may establish a regular meeting schedule and a procedure for calling special meetings. Unless the board establishes another procedure, the chairman or any five members of the board may call special meetings upon adequate written, personal, telephone, or facsimile notice to members of the board. A majority of the members in office shall constitute a quorum for conducting business, and a majority of those present at any meeting shall be required to approve any action

Page 878

taken by the board. A member must be present at a meeting to count for purposes of determining whether a quorum exists and to vote or otherwise act on matters which come before that meeting. No member may vote or otherwise act through a proxy, designee, or delegate. The board may establish such additional rules and procedures as it deems appropriate for conducting its business from time to time. These rules and procedures may be established in bylaws or in such other form as the board deems appropriate. (e) Each member of the board shall receive the same per diem expense allowance as that received by members of the General Assembly for each day a board member is in attendance at a meeting of the board or a committee meeting of the board, plus reimbursement for actual transportation expenses incurred while traveling by public carrier or the mileage allowance authorized for state officials and employees for the use of a personal automobile in connection with such attendance. This per diem and reimbursement for transportation expenses shall be paid in lieu of any other per diem, allowance, remuneration, or compensation. (f) The board shall determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center; provided, however, any action of the board altering the boundaries of a regional development center shall not be effective until approved by the General Assembly at the next regular session following such action by the board by means of the adoption of a joint resolution ratifying such action. The boundaries of each region shall be established initially so that, for the period through June 30, 1990, each region will cover the same territorial area as covered by the regional development center's predecessor area planning and development commission in effect on June 30, 1989. Each county shall be wholly within the region of one regional development center, and no county shall be divided among more than one region. Without limiting the generality of the foregoing, the board shall establish the boundaries of any region for which a metropolitan area planning and development commission, created pursuant to Article 4 of this chapter, also serves as the regional development center. SECTION 7. Said article is further amended by adding at the end of Code Section 50-8-9, relating to contracts with public and private entities or individuals, a new subsection (c) to read as follows: (c) The department shall have the power to enter into contracts with the Georgia Housing and Finance Authority for any purpose necessary or incidental in assisting the Georgia Housing and Finance Authority in carrying out or performing its duties, responsibilities, and functions; provided, however, all such assistance shall be performed on behalf of

Page 879

and pursuant to the lawful purposes of the Georgia Housing and Finance Authority and not on behalf of the department; and provided further, such assistance shall not include the authorization of the issuance of any bonds or other indebtedness of the authority. The department may undertake joint or complementary programs with the Georgia Housing and Finance Authority, including the provision for joint or complementary services, within the scope of their respective powers. SECTION 8. Said article is further amended by adding immediately following Code Section 50-8-16, relating to rights of state employees and validity of contracts, the following new Code section: 50-8-17. Employees of the department 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, however, that if such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service. SECTION 9. Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, is amended by striking Code Section 50-26-5, relating to the creation, composition, and terms of the authority, and inserting in lieu thereof the following: 50-26-5. (a) There is created a body corporate and politic to be known as the Georgia Housing and Finance Authority which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation performing an essential governmental function. (b) The authority is assigned to the Department of Community Affairs for administrative purposes only. (c) The authority shall consist of the same persons who comprise the Board of Community Affairs. The members are subject to the code of ethics covering members of boards, commissions, and authorities as contained in Code Sections 45-10-3 through 45-10-5 and are subject to removal for violation of the code of ethics as provided in those Code sections. Any vacancy created by any such removal for cause shall be filled by the Governor. Each member shall serve under the same terms and conditions as provided for in Code Section 50-8-4. (d) The terms of all members of the authority serving immediately prior to July 1, 1996, shall expire effective July 1, 1996.

Page 880

(e) At each July meeting, the authority shall elect from its membership a chair, a vice chair, a secretary, and such other officers as it may determine from time to time. Officers shall serve for a term of one year beginning with their election and qualification and ending with the election and qualification of their respective successors. No person shall hold the same office for more than one consecutive term, and no member of the authority shall hold more than any one office of the authority. (f) The members of the authority shall receive the same expense allowance per day as that received by members of the General Assembly, plus actual transportation expenses incurred while traveling by public carrier or the allowance authorized for state officials and employees for the use of a personal automobile, for each day a member is in attendance at a meeting of the authority or a committee meeting of the authority. Notwithstanding the foregoing, no member shall receive an expense allowance or transportation reimbursement if said member is entitled to receive an expense allowance, transportation reimbursement, or per diem allowance for performance of duties as a member of the Board of Community Affairs for work performed on that day. (g) Except for the authorization of the issuance of bonds, the authority may delegate to the executive director such powers and duties as it may deem proper. (h) The commissioner of the Department of Community Affairs shall be the executive director of the authority. The executive director shall appoint such directors, deputies, and assistants as may be necessary to manage the operations of the authority and may organize the authority into such divisions, sections, or offices as may be deemed necessary or convenient. (i) No part of the funds of the authority shall inure to the benefit of or be distributed to its members or officers or other private persons, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred. In addition, the authority shall be authorized and empowered to make loans and grants, allocate credits, provide financial assistance, and otherwise exercise its other powers in furtherance of its corporate purposes. No such loans or grants or financial assistance shall be made to, no credits shall be allocated to, and no property shall be purchased or leased from or sold, leased, or otherwise disposed of to any member or officer of the authority in his or her individual capacity or by virtue of partnership or ownership of a for profit corporation. This subsection does not preclude loans or grants to, or financial assistance or allocation of credit to, or purchase or lease from or sale, lease, or disposal of property to any subsidiary corporation of the authority. (j) The Attorney General shall provide legal services for the authority, and, in connection therewith, Code Sections 45-15-13 through 45-15-16 shall be fully applicable.

Page 881

SECTION 10. Said chapter is further amended by striking paragraph (4) of subsection (a) of Code Section 50-26-8, relating to the powers of the Georgia Housing and Finance Authority, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel, financial advisers, consultants, fiscal agents, trustees, and accountants and to fix their compensation and pay their expenses, including the power to contract with the Department of Community Affairs for professional, technical, clerical, and administrative support as may be required;. SECTION 11. Said chapter is further amended by striking paragraphs (35) and (36) of subsection (a) of Code Section 50-26-8, relating to the powers of the Georgia Housing and Finance Authority, and inserting in lieu thereof the following: (35) To cooperate with and exchange services, personnel, and information with any federal, state, or local governmental agency; (36) To finance or facilitate in any manner the provision of health care services in the state, directly or indirectly and through one or more intermediaries, including, without limitation, the state; any institution, department, agency, fund, or authority of the state or created under state law; any political subdivision of the state; or any other public or private business, enterprise, agency, corporation, or authority, or any other entity; provided, however, that the authority shall not be authorized to directly provide health care services to patients; and (37) The authority shall have the power to contract with the Department of Community Affairs for any purpose necessary or incidental to carrying out or performing the duties, responsibilities, or functions of the authority in exercising the power and management of the authority; provided, however, such contracts shall not delegate the authorization of the issuance of any bonds or other indebtedness of the authority. No part of the funds or assets of the authority shall be distributed to the Department of Community Affairs or any other department, authority, or agency of the state unless otherwise provided by law, except that the authority shall be authorized and empowered to pay reasonable compensation for services rendered and to reimburse expenses incurred and except as may be deemed necessary or desirable by the authority to fulfill the purposes of the authority as set forth in this chapter. Nothing in this paragraph shall be construed as precluding the provision by the Department of Community Affairs or any other department, authority, or agency of

Page 882

the state and the authority of joint or complementary services or programs within the scope of their respective powers. SECTION 12. Said chapter is further amended by striking subsection (d) of Code Section 50-26-9, relating to the power to issue bonds and incur indebtedness, and inserting in lieu thereof a new subsection (d) to read as follows: (d) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose are in all respects for the benefit of the people of this state and are a public purpose and the authority will be performing an essential government function in the exercise of the powers conferred upon it by this chapter. The state covenants with the holders of the bonds that the authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by the authority or under the jurisdiction, control, possession, or supervision of the authority or upon the activities of the authority in the financing of the activities financed by the authority or upon any principal, interest, premium, fees, charges, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation is declared to specifically extend to any subsidiary corporation created by the board of directors of the authority but shall not extend to tenants or lessees of the authority unless otherwise exempt from taxation. The exemption from taxation shall include exemptions from sales and use taxes on property purchased by the authority or for use by the authority. SECTION 13. Said chapter is further amended by adding at the end thereof a new Code section to read as follows: 50-26-22. Effective July 1, 1996, without diminishing the powers of the authority pursuant to Code Section 50-26-8, all personnel positions authorized by the authority in fiscal year 1996 shall be transferred to the Department of Community Affairs. All employees of the authority on June 30, 1996, whose positions are transferred by the authority to the Department of Community Affairs shall become employees of the Department of Community Affairs, shall become employees in the unclassified service of the state merit system as defined by Code Section 45-20-6.

Page 883

SECTION 14. This Act shall become effective on July 1, 1996. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COURTS DOMESTIC AND FAMILY VIOLENCE CASES; CERTAIN FEES NOT TO BE ASSESSED. Code Sections 15-6-77, 15-10-82, 15-16-21, and 19-13-3 Amended. No. 878 (House Bill No. 1569). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that no fee shall be assessed in superior court in family violence cases under Chapter 13 of Title 19; to provide that no fee shall be assessed in connection with a prosecution of any domestic violence offense for costs associated with the filing of criminal charges by an alleged victim of domestic violence or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence; to provide that no fee shall be assessed in magistrate court for costs associated with the filing of criminal charges against the domestic violence offender or for the costs for issuance or service of a warrant, protective order, or witness subpoena arising from the incident that is the subject of the arrest or criminal prosecution; to provide that no sheriff's fee shall be assessed against the alleged victim of any domestic violence offense for costs associated with the issuance or service of a warrant, protective order, or witness subpoena arising from the filing of criminal domestic violence charges; to amend Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to the filing of a petition seeking relief from family violence, so as to provide for the abolition of any filing fee for such a petition; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (4) of subsection (e) of Code Section 15-6-77, relating to fees of superior court clerks, in its entirety and inserting in its place a new paragraph to read as follows: (4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence

Page 884

cases under Chapter 13 of Title 19. 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. SECTION 2. Said title is further amended by striking subsection (i) of said Code Section 15-6-77 in its entirety and inserting in its place a new subsection to read as follows: (i) No fees shall be charged for the following: (1) Recording discharge certificates of veterans, as provided in Code Section 15-6-78; (2) Recording and certifying documents in connection with admission to practice law; and (3) Costs associated with the filing of criminal charges by an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence. SECTION 3. Said title is further amended by striking Code Section 15-10-82, relating to the hearing fee on application for search and arrest warrant or bad check citation, in its entirety and inserting in its place a new Code Section 15-10-82 to read as follows: 15-10-82. For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $10.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice; provided that no fee shall be assessed against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence. SECTION 4. Said title is further amended by adding at the end of Code Section 15-16-21, relating to the fees for sheriff's services, a new subsection (h) to read as follows: (h) No fee shall be assessed against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges

Page 885

against the domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of domestic violence. SECTION 5. Code Section 19-13-3 of the Official Code of Georgia Annotated, relating to the filing of a petition seeking relief from family violence, is amended by striking subsection (a) in its entirety and inserting in its place a new subsection (a) to read as follows: (a) A person who is not a minor may seek relief under this article by filing a petition with the superior court alleging one or more acts of family violence. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. SECTION 6. This Act shall become effective on July 1, 1996. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. STATE GOVERNMENT PURCHASING REFORM ACT OF 1996 ENACTED; PURCHASING OF SUPPLIES, MATERIALS, AND EQUIPMENT BY AND FOR STATE DEPARTMENTS AND AGENCIES; CONSTRUCTION AND PUBLIC WORKS CONTRACTS. Code Title 50, Chapter 5, Article 3, Part 1 Amended. No. 879 (Senate Bill No. 550). AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure of the Department of Administrative Services, to give the department the authority to delegate to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and supplies necessary for medical teaching purposes and to enter into agreements with other states and their political subdivisions; to remove the department's authority to permit state agencies to make purchases in amounts less than $100.00; to raise the minimum dollar amount required for competitive sealed bidding of contracts from those exceeding $10,000.00 to those exceeding $100,000.00; to raise the minimum dollar amount for soliciting bids by newspaper advertisements from those exceeding $50,000.00 to those

Page 886

exceeding $250,000.00; to change the time within which such bids shall be advertised; to raise the minimum dollar amount for required solicitation of bids by mail from those exceeding $10,000.00 to those exceeding $100,000.00; to raise the minimum dollar amount for noncompetitive bidding for supplies, materials, or equipment not on state contracts or through statutorily required sources from $500.00 to $2,500.00; to raise the maximum amount state entities may be authorized to expend on purchases in their behalf from $5,000.00 to $100,000.00; to authorize the department to permit agencies to use procurement cards to electronically pay and monitor payments; to provide for rules and regulations; to raise the minimum amount for construction or public works contracts to be conducted by the department from those exceeding $500.00 to those exceeding $100,000.00, subject to department review and approval; to delete the requirement for Georgia Correctional Industries Administration purchases to receive approval from the department as to competitive quality and price; to provide for reporting of certification criteria; to repeal provisions requiring the attachment of delivery receipts and purchase orders to paid invoices; to provide that it is unlawful for any person to make purchases or sell through the department for individual ownership; 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. This Act shall be known and may be cited as the Purchasing Reform Act of 1996. SECTION 2. The General Assembly declares and finds that many of the laws establishing guidelines and requirements for the purchasing of supplies, materials, and equipment by and for state departments and agencies were developed decades earlier and prior to the increase in available sources of supply and the expansion of technology. It is the intent of the General Assembly that these laws be amended to reflect these changes in order to provide greater flexibility for state agencies to make their purchases and to eliminate unnecessary bureaucracy which can result in purchase delays and increased administrative costs. SECTION 3. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedures of the Department of Administrative Services, is amended by striking Code Section 50-5-51, relating to the power, authority, and duty of the department, in its entirety and inserting a new Code Section 50-5-51 to read as follows:

Page 887

50-5-51. The Department of Administrative Services shall have the power and authority and it shall be the department's duty, subject to this part: (1) To canvass all sources of supply and to contract for the lease, rental, purchase, or other acquisition of all supplies, materials, services other than professional and personal employment services, and equipment required by the state government or any of its departments, institutions, or agencies under competitive bidding in the manner and subject to the conditions provided for in this article; (2) To establish and enforce standard specifications which shall apply to all supplies, materials, and equipment purchased or to be purchased for the use of the state government for any of its departments, institutions, or agencies; (3) To contract for all telephones, telegraph, electric light power, postal, and any and all other contractual purchases and needs of the state government or any of its departments, institutions, or agencies; or in lieu of such contract to authorize any department, institution, or agency to purchase or contract for any or all such services; (4) To have general supervision of all storerooms and stores operated by the state government or any of its departments, institutions, or agencies; to provide for transfer or exchange to or between all state departments, institutions, and agencies or to sell all supplies, materials, and equipment which are surplus, obsolete, or unused; and to maintain inventories of all fixed property and of all movable equipment, supplies, and materials belonging to the state government or any of its departments, institutions, or agencies; (5) To make provision for and to contract for all state printing, including all printing, binding, paper stock, and supplies or materials in connection with the same, except as provided in this part. For the purpose of obtaining bids on printing, it shall have the power to divide the printing into various classes and to provide stipulations and specifications therefore and advertise, receive bids, and contract separately for the various classes; (6) To procure all fidelity bonds covering state officials and employees required by law or administrative directive to give such bonds; and, in order to provide the bonds at a minimum expense to the state, the bonds may be procured under a master policy or policies providing insurance agreements on a group or blanket coverage basis with or without deductibles or excess coverage over the state's retention as determined by the commissioner. Fidelity bonds covering state officials and employees which are procured pursuant to this paragraph shall expressly provide that all state officials and employees who are required by law to be bonded be named in the fidelity bond as

Page 888

insureds or beneficiaries under the terms of the fidelity bond. Inclusion of any state official, officer, or employee required by law or administrative directive to be specifically bonded in a master fidelity bond under the terms of this part shall satisfy any statutory requirement that the official, officer, or employee be bonded. Fidelity bonds procured pursuant to this paragraph shall also expressly provide for indemnification, out of the proceeds of the fidelity bonds, of all state officials and employees for any liability or expense of any nature resulting from a claim on the state official's or employee's bonds which is due to or as a result of an act of a subordinate of the state official or employee. In order to finance the continuing liability established with other agencies of state government, the commissioner is authorized to retain all moneys paid to the department as premiums on policies of insurance, all moneys received as interest, and all moneys received from other sources to set up and maintain a reserve for the payment of such liability and the expenses necessary to administer properly the insurance program. The commissioner shall invest the moneys in the same manner as other such moneys in his or her possession; (7) To establish and operate the state agency for surplus property for the purpose of distributing surplus properties made available by the federal government under Pub. L. 152, 81st Congress, as amended, to institutions, organizations, agencies, and others as may be eligible to receive such surplus properties pursuant to applicable provisions of federal law. The commissioner may enter into or authorize the aforesaid state agency for surplus property to enter into cooperative agreements with the federal government for the use of surplus properties by the state agency. The commissioner is authorized to enter into contracts with other state, local, or federal agencies, or with other persons with respect to the construction, operation, maintenance, leasing, or rental of a facility for use by the state agency. Further, the commission may acquire real or personal property for such purposes. All personnel; personal property, including records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and outside the state treasury, funds, and vehicles; and all other similar property under the control of the State Board of Education and used for the direct support and operation of the state agency for surplus property are transferred to the Department of Administrative Services. Each state officer or employee affected under this paragraph shall be entitled to all rights which he or she possessed as a state officer or employee before July 1, 1978, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under law or administrative policy. This paragraph is not intended to create any new rights for any state officer or employee but to continue only those rights in effect before July 1, 1978;

Page 889

(8) To delegate, in the department's discretion, to medical facilities under the jurisdiction of the Board of Regents for the University System of Georgia the ability to purchase medical equipment and medical supplies necessary for medical teaching purposes; and (9) To enter into agreements with other states and their political subdivisions to effectuate the purposes and policies of this chapter. SECTION 4. Said part is further amended by striking Code Section 50-5-58, relating to cases where purchases through the department are not mandatory, in its entirety and inserting in its place a new Code Section 50-5-58 to read as follows: 50-5-58. (a) Unless otherwise ordered by the Department of Administrative Services, the purchase of supplies, materials, equipment, and services, other than professional and personal employment services, through the Department of Administrative Services shall not be mandatory in the following cases: (1) Technical instruments and supplies and technical books and other printed matter on technical subjects; also manuscripts, maps, books, pamphlets, and periodicals for the use of the State Library or any other library in the state supported by state funds; also services; (2) Livestock for slaughter and perishable articles such as fresh vegetables, fresh meat, fish and oysters, butter, eggs, poultry, and milk. No other article shall be considered perishable within the meaning of this clause unless so classified by the Department of Administrative Services; and (3) Emergency supplies of drugs, chemicals and sundries, dental supplies, and equipment. (b) In the purchasing of emergency supplies under paragraph (3) of subsection (a) of this Code section, it shall be the duty of the department making such purchases to report same to the Department of Administrative Services, giving the circumstances necessitating the purchases. (c) Nothing in this part shall be construed to give the Department of Administrative Services any supervision over the selection or purchase of school textbooks, which is vested by law in the Department of Education. SECTION 5. Said part is further amended by striking subsection (a) of Code Section 50-5-67, relating to competitive bidding procedure, in its entirety and inserting in its place a new subsection (a) to read as follows:

Page 890

(a) Except as otherwise provided in this Code section, contracts exceeding $100,000.00 shall be awarded by competitive sealed bidding. If the total requirement of any given commodity will involve an expenditure in excess of $250,000.00, sealed bids shall be solicited by advertisement in a newspaper of state-wide circulation at least once and at least 15 calendar days prior to the date fixed for opening of the bids and awarding of the contract. Other methods of advertisements, however, may be adopted by the Department of Administrative Services when such other methods are deemed more advantageous for the particular item to be purchased. In any event, it shall be the duty of the Department of Administrative Services to solicit bids directly by mail from reputable owners of supplies in all cases where the total requirement will exceed $100,000.00. When it appears that the use of the competitive sealed bidding is either not practicable or not advantageous to the state, a contract may be entered into by competitive sealed proposals, subject to the following conditions: (1) This method of solicitation shall only be used after a written determination by the Department of Administrative Services that the use of competitive sealed bidding is not practicable or is not advantageous to the state; (2) Proposals shall be solicited through a request for proposals; (3) Adequate public notice of the request for proposals 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. A register of proposals shall be prepared and made available for public inspection; (5) The request for proposals shall state the relative importance of price and other evaluation factors; (6) As provided in the request for proposals and under regulations to be developed by the Department of Administrative Services, discussions may be conducted with reasonable offerors who submit proposals determined to be reasonably susceptible of being selected for award, for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals; and such revisions may be permitted after submissions 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; and (7) The award shall be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to the state, taking into consideration price and the evaluation factors set

Page 891

forth in the request for proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on which the award is made. SECTION 6. Said part is further amended by striking Code Section 50-5-69, relating to purchases without competitive bidding, in its entirety and inserting in its place the following: 50-5-69. (a) If the needed supplies, materials, or equipment can reasonably be expected to be acquired for less than $2,500.00 and are not available on state contracts or through statutorily required sources, the purchase may be effectuated without competitive bidding. The commissioner of administrative services may by rule and regulation authorize the various state departments, agencies, and instrumentalities to make purchases in their behalf which do not exceed $100,000.00 and may provide the circumstances and conditions under which such purchases may be effected. (b) The department shall establish a central bid registry to advertise the various procurement and bid opportunities of state government. Such central bid registry shall be entitled the Georgia Procurement Registry and shall operate in accordance with appropriate rules and regulations applicable to the department's responsibility to manage the state's procurement system. It shall be the responsibility of each agency to report to the department its bid opportunities in a manner prescribed by the Department of Administrative Services. The commissioner of administrative services is authorized and directed to promulgate rules and regulations to carry out this responsibility and shall determine the most economical method to conduct public notification of such bid opportunities. (c) The Department of Administrative Services is authorized to permit departments, institutions, and agencies of state government to utilize a procurement card that will electronically pay and monitor payments by state institutions pursuant to subsection (a) of this Code section subject to approval of the State Depository Board pursuant to the State Depository Board's authority to prescribe cash management policies and procedures for state agencies under Code Section 50-17-51. All purchases made through procurement card shall be included on a monthly summary report to be prepared by each state department, institution, and agency in a form to be approved by the Department of Administrative Services. (d) The commissioner of administrative services shall promulgate rules and regulations necessary to carry out the intent of this Code section.

Page 892

(e) Nothing in this Code section shall apply to or affect the laws, rules, and regulations governing emergency purchases. SECTION 7. Said part is further amended by striking Code Section 50-5-72, relating to construction and public works contracts conducted by the department, in its entirety and inserting in its place the a new Code Section 50-5-72 to read as follows: 50-5-72. Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00. All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section and such contract may continue to be utilized. SECTION 8. Said part is further amended by striking Code Section 50-5-73, relating to goods and services to be obtained from correctional industries when certified as available, in its entirety and inserting in its place a new Code Section 50-5-73 to read as follows: 50-5-73. (a) All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration

Page 893

and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services. (b) The Georgia Correctional Industries Administration and the commissioner of corrections shall report to the Department of Administrative Services the certification criteria, including but not limited to cost, delivery schedules, and availability within 15 days of notice of certification. (c) The Georgia Correctional Industries Administration shall notify the Department of Administrative Services of any changes to certified products or services available pursuant to this Code section within 15 days of any such changes. SECTION 9. Said part is further amended by striking Code Section 50-5-77, relating to the attachment of delivery receipts and purchase orders to paid invoices, which reads as follows: 50-5-77. To each and every invoice paid by any state agency or department there shall be attached the delivery receipt and also a copy of the purchase order issued by the Department of Administrative Services. It shall be the duty of the state auditor to disallow, as an illegal payment, any payments that do not have the receipts and purchase orders attached to the invoice paid. It shall also be the duty of the state auditor to point out these items in the annual audit of each agency or department of the state., and inserting in lieu thereof the following: Reserved. SECTION 10. Said part is further amended by striking Code Section 50-5-80, relating to making it unlawful to make purchases or sell through the department for individual ownership, in its entirety and inserting in its place a new Code Section 50-5-80 to read as follows:

Page 894

50-5-80. (a) As used in this Code section, the term `person' includes natural persons, firms, partnerships, corporations, or associations. (b) It shall be unlawful for any employee or official of the state or any other person to purchase, directly or indirectly, through the Department of Administrative Services, or through any agency, department, board, or bureau of the state, any article, material, merchandise, ware, commodity, or other thing of value for the personal or individual ownership of himself or herself or other person or persons. All articles, materials, merchandise, wares, commodities, or other things of value purchased, directly or indirectly, by or through the Department of Administrative Services or by or through any agency, department, board, or bureau of the state shall be and remain the property of the state until sold or disposed of by the state in accordance with the laws governing the disposition or sale of other state property. (c) It shall be unlawful for any person knowingly to sell or deliver any article, material, merchandise, ware, commodity, or other thing of value to any person, directly or indirectly, by or through the Department of Administrative Services or by or through any department, agency, board, or bureau of the state for the individual and personal ownership of such person or other person or persons except that property of the state may be sold or otherwise disposed of in accordance with the laws governing the sale or other disposition of state property. (d) Any person who violates any provision of this Code section shall be guilty of a misdemeanor. SECTION 11. This Act shall become effective on July 1, 1996. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. COMMERCE AND TRADE GEORGIA TRADE SECRETS ACT OF 1990 AMENDED; TRADE SECRET DEFINED. Code Section 10-1-761 Amended. No. 882 (Senate Bill No. 316). AN ACT To amend Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Trade Secrets Act of 1990, so as to change the definition of trade secret; to provide that certain information is a trade secret without regard to the form of such information

Page 895

in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Georgia Trade Secrets Act of 1990, is amended by striking in its entirety paragraph (4) of Code Section 10-1-761, relating to definitions, and inserting in lieu thereof a new paragraph to read as follows: (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. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996. LOCAL GOVERNMENT COUNTIES OF 550,000 POPULATION OR MORE; COMPENSATION OF BOARD OF COMMISSIONERS; ACT APPROVED MARCH 30, 1971 (GA. L. 1971, P. 2369), AS AMENDED, AMENDED. No. 901 (House Bill No. 1840). AN ACT To amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved March 3, 1987 (Ga. L. 1987, p. 173), so as to change the provisions relating to the United States decennial census used for the population classifications of such counties and provide for inapplicability;

Page 896

to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners of such 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. An Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, approved March 30, 1971 (Ga. L. 1971, p. 2369), as amended, particularly by an Act approved March 3, 1987 (Ga. L. 1987, p. 173), is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. The chairperson of the board of commissioners of counties of this state having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census shall be compensated in an amount not exceeding $27,000.00 per annum. Each of the other members of any such board of commissioners shall be compensated in an amount not exceeding $25,000.00 per annum. Said compensation shall be set within the limits of this section after a public hearing in a separate resolution adopted by a recorded vote and shall be included in the county's budget after such adoption. The compensation provided for in this section shall be paid in equal monthly installments on the first day of each month out of the county treasury. This section shall not apply to any county which has an elected chief executive officer having any powers which may only be changed if approved in a special election. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 9, 1996.

Page 897

JOINT STUDY COMMISSION ON ECONOMIC DEVELOPMENT AND REVITALIZATION IN SOUTH FULTON COUNTY AND JAMES EDWARD OGLETHORPE TERCENTENARY COMMISSION CREATION. No. 65 (Senate Resolution No. 101). A RESOLUTION Creating the Joint Study Commission on Economic Development and Revitalization in South Fulton County; creating the James Edward Oglethorpe Tercentenary Commission; and for other purposes. WHEREAS, the fiscal solvency of the nation depends upon the economic vitality of its states, and the fiscal solvency of the State of Georgia depends upon the economic vitality of its counties and cities; and WHEREAS, Fulton County is located in the State of Georgia; and WHEREAS, the economies of North and South Fulton County, respectively, differ in degree and range from each other; and WHEREAS, the economy of South Fulton County experienced considerable regression in recent years despite a steady increase in population; and WHEREAS, the economy of South Fulton County has been burdened by increased competition for services despite a corresponding decrease in industry and business expansion; and WHEREAS, although many studies have been conducted relating to the economic development and revitalization of South Fulton County and many plans based on the conclusions reached by such studies have been formulated and disseminated, little progress has been made towards integrating the divergent points of such plans and implementing a comprehensive plan that will effectuate actual growth and economic progress in South Fulton County; and WHEREAS, the economic outlook of South Fulton County deserves meaningful and immediate consideration; and WHEREAS, James Edward Oglethorpe was born in England to Theophilus and Eleanor Oglethorpe in 1696; and WHEREAS, James Edward Oglethorpe was elected to Parliament, where he successfully led a humanitarian movement for the founding of a new British colony in America as a home for England's worthy poor; and WHEREAS, on April 12, 1732, King George II signed a charter creating the new colony of Georgia and naming James Edward Oglethorpe as one of 21 trustees for the colony; and WHEREAS, James Edward Oglethorpe personally led the first shipload of colonists to settle in Georgia, arriving in 1733; and

Page 898

WHEREAS, James Edward Oglethorpe chose the site and laid out the plan for Savannah, Georgia's first settlement, and in 1736 for the town and fort of Augusta; and WHEREAS, James Edward Oglethorpe was responsible for the defense of Georgia, successfully repelling a Spanish invasion force on St. Simons Island in 1742, thus ensuring Georgia's future as a British colony and, ultimately, as a member of the United States of America; and WHEREAS, 1996 marks the 300th anniversary of the birth of Georgia's founder and defender, and it is only fitting and proper that Georgia recognize and honor its founder on this historic occasion. BE IT FURTHER RESOLVED that there is created the James Edward Oglethorpe Tercentenary Commission to be composed of 20 members as provided in this resolution. The following persons shall serve as ex officio members of the commission: the president of Oglethorpe University; the chairperson of the Oglethorpe County Commission; the mayors of the Cities of Oglethorpe, Fort Oglethorpe, and Savannah; the chairperson-mayor of Augusta-Richmond County; the president of the Georgia Historical Society; and the executive secretary of the Friends of Oglethorpe, who shall serve as executive secretary of the commission. Ex officio members may name a designee to serve in their places or in their absence. The remaining 12 members of the commission shall be appointed as follows: eight members of the commission shall be appointed by the Governor, one of whom shall be designated chairperson of the commission; two members by the Speaker of the House of Representatives; and two members by the President of the Senate. These 12 members of the commission may include officials or representatives of public or private organizations, businesses, schools, or sites bearing the Oglethorpe name. Vacancies on the commission shall be filled in the same manner in which the original appointments were made. BE IT FURTHER RESOLVED that it shall be the duty of the commission to plan, coordinate, encourage, and conduct an observance of the 300th anniversary of the birth of James Edward Oglethorpe throughout 1996. Such observances may include official, unofficial, cultural, historical, educational, charitable, and other activities and projects designed to promote a proper awareness and appreciation for Georgia's founder. Furthermore, the commission is directed to coordinate commemorative activities undertaken by the State of Georgia or by organizations, educational institutions, or private citizens within the state in conjunction with those that may be conducted by public officials, organizations, educational institutions, or private citizens in London, Godalming, Oxford, Cranham, or any other site in Great Britain associated with the life or death of James Edward Oglethorpe. BE IT FURTHER RESOLVED that the commission is authorized and empowered to accept grants or gifts from any level of government; from

Page 899

any board, commission, or other unit of government; from any public corporation or authority; from any organization, public or private; from any business; from any group; or from any individual. The commission shall be further empowered to hold, invest, reinvest, and disburse such grants and gifts and any income derived therefrom in carrying out the objectives and purposes of the commission and shall not be required to pay such grants and gifts or income into the general fund of the state treasury. The commission shall be further authorized to adopt such rules and regulations and perform such other activities as necessary or appropriate for carrying out its purposes and duties. BE IT FURTHER RESOLVED that the James Edward Oglethorpe Tercentenary Commission is further authorized to have printed or reprinted portraits or biographies of Georgia's founder, General James Edward Oglethorpe, and to take such other commemorative steps that will promote the knowledge of and appreciation for the contributions of General James Edward Oglethorpe throughout the State of Georgia. The commission may expend any and all remaining funds for said purposes as are enumerated in this resolution. BE IT FURTHER RESOLVED that the commission shall hold its initial meeting not later than July 1, 1996, and may hold such additional 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 and duties. BE IT FURTHER RESOLVED that the members of the commission shall receive no compensation for their service and shall not receive any reimbursement of expenses; provided, however, that to the extent that sufficient grants, gifts, and other income is received, members of the commission may be reimbursed for actual expenses incurred during their service, such reimbursement not to exceed the allowances authorized for members of state boards. BE IT FURTHER RESOLVED that the James Edward Oglethorpe Tercentenary Commission shall stand abolished on March 31, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Commission on Economic Development and Revitalization in South Fulton County to be composed of three members of the House of Representatives to be appointed by the Speaker of the House of Representatives and three members of the Senate to be appointed by the President of the Senate. The Speaker of the House of Representatives shall designate a member of the House of Representatives and the President of the Senate shall designate a member of the Senate who shall serve as cochairpersons of the commission. The Governor shall appoint 15 additional members, three of whom shall represent the Atlanta Chamber of Commerce, the banking community, and the real estate development community; one elected official, or the designee of such official, representing each area comprising a distinct

Page 900

political entity affected by development in South Fulton County, including the Cities of Hapeville, East Point, College Park, Union City, Fairburn, Palmetto, and the areas of Southeast Atlanta comprising City Council District 12, and the areas of Southwest Atlanta comprising City Council District 11, and including the Fulton County Commissioner representing Fulton County Commission District 7 or such person's designee; and three private citizens who are residents of South Fulton County. The commission shall meet at the call of the cochairpersons. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and shall include as integral to its undertaking a study of any existing plans related to economic development and revitalization in South Fulton County which may have been developed as a result of previous studies conducted by an affected municipality or other governmental entity, a civic organization, a business enterprise, or other interested party. The commission shall recommend any actions or legislation which the commission deems necessary or appropriate for achieving the goal of implementation of a comprehensive economic development and revitalization plan for South Fulton County. 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. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1996. The commission shall stand abolished on December 31, 1996. Approved April 9, 1996. BRIGADIER GENERAL JOHN R. HULLENDER HIGHWAY DESIGNATED. No. 67 (Senate Resolution No. 385). A RESOLUTION Designating the Brigadier General John R. Hullender Highway; and for other purposes. WHEREAS, John R. Hullender was born in Ringgold, Georgia, and graduated from Ringgold High School; and WHEREAS, he earned a bachelor of science degree and a master of business administration degree from Auburn University; and WHEREAS, he entered the United States Air Force in 1959, serving in many capacities, including electronic warfare officer, instructor pilot, chief of operations, squadron commander, wing executive officer, and assistant

Page 901

to the director of the Institute for National and Strategic Studies for Joint Operational Studies at the National Defense University; and WHEREAS, he flew 221 combat missions with the 388th Tactical Fighter Wing; and WHEREAS, he has logged more than 6,000 flying hours in his ratings as a command pilot, navigator, and electronic warfare officer; and WHEREAS, his military decorations and awards include the Legion of Merit, Distinguished Flying Cross with two oak leaf clusters, Meritorious Service Medal with one oak leaf cluster, and Air Medal with 12 oak leaf clusters; and WHEREAS, he was promoted to brigadier general in 1986 and retired in 1989; and WHEREAS, he has displayed personal courage and inner strength when confronted by the necessity for two surgical hip replacements. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Highway 2 between Highway 41 and the intersection of Highway 2 and Highway 201 near Varnell, Georgia, is designated the Brigadier General John R. Hullender 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 Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Brigadier General John R. Hullender. Approved April 9, 1996. JOINT GUARDIANSHIP REWRITE COMMITTEE CREATION. No. 68 (Senate Resolution No. 399). A RESOLUTION Creating the Joint Guardianship Rewrite Committee; and for other purposes. WHEREAS, the Senate Elder Abuse Task Force heard many testimonies from elderly citizens who have lost their homes, their life savings, and many other precious belongings because of problems in our current laws relating to guardianship and power of attorney; and WHEREAS, the Senate Elder Abuse Task Force found a number of problems in Georgia's current guardianship statutes, which include a failure to encourage the use of alternatives to guardianship and a

Page 902

definition of incapacity which fails to focus on the individual's functional abilities; and WHEREAS, the Senate Elder Abuse Task Force recommended to the Senate in December of 1994 that the General Assembly initiate revisions of Georgia's guardianship statutes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Guardianship Rewrite Committee to be composed of 20 members. The President of the Senate shall appoint three members of the Senate and seven committee members who are not members of the Senate. The Speaker of the House shall appoint three members of the House of Representatives and seven committee members who are not members of the House of Representatives. The committee members who are not members of the General Assembly shall represent each of the following groups: the fiduciary section of the State Bar of Georgia; the elder law committee of the Younger Lawyers Section of the State Bar of Georgia; the Georgia Council of Probate Judges; advocates for the elderly; advocates for persons with mental illness; advocates for the developmentally disabled and mentally retarded; and advocates for children. Given the technical nature of revising the guardianship statutes, the appointment of committee members with legal backgrounds and experience in guardianship matters is preferred. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as a 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 thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee shall review the proposals of the Senate Elder Abuse Task Force regarding the Georgia statutes and the Uniform Probate Code provisions relating to guardianship. 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. The members of the committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for not more than ten 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 Senate and House of Representatives. An interim report of the committee's progress shall be made on or before December 1, 1996. The committee shall stand abolished on December 1, 1996. Approved April 9, 1996.

Page 903

STATE PROPERTY CITY OF CARTERSVILLE; CITY OF CARROLLTON; CONVEYANCES. No. 69 (Senate Resolution No. 413). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Bartow County, Georgia, to the City of Cartersville; authorizing the conveyance of certain state owned real property located in Carroll County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of certain real property containing approximately 2.5 acres located in the City of Cartersville, Bartow County, Georgia; (2) Said real property is described as follows: All those certain tracts or parcels of land situate, lying and being in the City of Cartersville, Georgia, and in Land Lot 455 of Bartow County, Georgia, and being more particularly described as the depot tracts lying on either side of the mainline of the Western and Atlantic Railroad Valuation Map No. V2/S21 as filed in the State of Georgia Archives Building, Fulton County, Georgia, and being more particularly described on a map on file in the State Properties Commission (said tract or property shall be more particularly described by a plat of survey obtained by the City of Cartersville and presented to the State Properties Commission for approval); (3) The State of Georgia currently has a portion of the above-described property leased to CSX Transportation, Inc., (formerly known as the Louisville and Nashville Railroad Company and Seaboard System Railroad) until December 31, 2019; and (4) The City of Cartersville is interested in using the depot and adjoining property for public purposes; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the City of Carrollton, Carroll County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the City of Carrollton, Carroll County, Georgia, containing approximately 1.73 acres and located in Land Lot 125 of the 10th Land District 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;

Page 904

(3) Said property is under the custody of the Department of Natural Resources; (4) The subject property is presently utilized by the Georgia Water and Waste Water Institute which is a nonprofit corporation; (5) The City of Carrollton, Carroll County, conveyed the subject property to the state in 1976 for the consideration of $10.00; (6) The City of Carrollton, Carroll County, is desirous of obtaining the subject property in order to provide a public service; and (7) The Department of Natural Resources has declared the property surplus to its needs and has recommended the property be conveyed to the City of Carrollton, Carroll County. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I. SECTION 1. That the State of Georgia is the owner of the above-described real property in Bartow County, Georgia, 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 conveyance 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 and Nashville Railroad Company, and Seaboard System Railroad) conveying its interest in a portion of said property to the State of Georgia by appropriate instrument. SECTION 3. That the conveyance of the above-described real property shall be conditioned upon the City of Cartersville releasing its interest in that portion of the above-described property presently leased to the City of Cartersville by CSX Transportation, Inc. SECTION 4. That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described real property by appropriate instrument to the City of Cartersville for a consideration of $10.00 as long as the property is utilized for public purposes and upon such further considerations, terms, and conditions as directed by the State Properties Commission.

Page 905

SECTION 5. That the above-described real property is conveyed only for public purposes by the City of Cartersville and its successors and assigns to continue to use the said property for public purposes; and, should said property be permanently abandoned or the use thereof for public purposes be permanently discontinued, said real property shall revert to the State of Georgia. SECTION 6. That the conveyance of said property shall be conditioned upon the City of Cartersville constructing a railroad depot facility to the requirements of CSX Transportation, Inc., as replacement for subject property depot and the deeding of such depot to the State of Georgia as consideration for the State of Georgia and CSX Transportation, Inc., vacating the present depot site. SECTION 7. That if the City of Cartersville determines the need to convey all or a portion of the above-described property to a private person or corporation or other entity, then, before any such disposition, the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall not be less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, being received and deposited by the State Properties Commission into the treasury of the State of Georgia. SECTION 8. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 9. That the authorization in this resolution to convey the above-described property to the City of Cartersville shall expire April 30, 1999. ARTICLE II. SECTION 10. 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.

Page 906

SECTION 11. That the above-described real property shall be conveyed by appropriate instrument to the City of Carrollton, Carroll County, by the State of Georgia, acting by and through the State Properties Commission, for a 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 interests of the State of Georgia. SECTION 12. That the authorization in this resolution to convey the above-described property to the City of Carrollton, Carroll County, shall expire three years after the date that this resolution becomes effective. SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 14. That the deed of conveyance 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. ARTICLE III. SECTION 15. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 16. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 9, 1996. BILL FINCHER, JR., HIGHWAY DESIGNATED. No. 70 (Senate Resolution No. 506). A RESOLUTION Honoring Mr. W. W. Bill Fincher, Jr., and designating a portion of State Highway 225 as the Bill Fincher, Jr., Highway; and for other purposes. WHEREAS, W. W. Bill Fincher, Jr., was born on May 16, 1914, in Canton, Georgia, and he graduated from the college of pharmacy of the University of South Carolina, and he operated Fincher Drug Company for 16 years and was then president of General Theaters, Inc., for 30 years; and

Page 907

WHEREAS, he served in the General Assembly as a Senator from 1964 to 1990, during which years he was one of the most popular and respected members of the General Assembly, and he is especially proud of his work as chairperson of the Senate Higher Education Committee to improve the quality of higher education in Georgia, including his authorship of a student loan program and his sponsorship of the College Opportunity Act which became law in 1990; and WHEREAS, Mr. Fincher and his wife, Peggy, are active members of the First United Methodist Church of Chatsworth, and they have three daughters, Phyllis Parsons, Frances Hansford, and Mary Jane Peterson. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor and commend Mr. W. W. Bill Fincher, Jr., for his many years of public service. BE IT FURTHER RESOLVED that the portion of State Highway 225 from the intersection with State Highway 52 north to the intersection with State Highway 286 is designated the W. W. `Bill' Fincher, Jr., Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs designating said highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. W. W. Bill Fincher, Jr. Approved April 9, 1996. CHARLES A. PANNELL, SR., HIGHWAY DESIGNATED. No. 71 (Senate Resolution No. 507). A RESOLUTION Honoring Mr. Charles A. Pannell, Sr., and designating a portion of State Highway 225 as the Charles A. Pannell, Sr., Highway; and for other purposes. WHEREAS, Charles A. Pannell, Sr., was born on January 19, 1911, in Eton, Murray County, Georgia, and he graduated from the Eton High School before attending Young Harris College, Mercer University, and the University of Georgia, earning an Bachelor of Laws Degree in 1937; and WHEREAS, he was a teacher in the Murray County schools, was elected Mayor of Eton at the age of 21 and served from 1933 to 1935, and he began practicing law in Chatsworth in 1937, served as city attorney for the City of Chatsworth from 1942 to 1950, and county attorney for Murray County from 1940 to 1944 and again from 1949 to 1950; and

Page 908

WHEREAS, he served in the General Assembly both as a Representative and as a Senator from 1939 to 1950 and from 1959 to 1963, and served on the State Board of Pardons and Paroles from 1950 to 1955, serving as chairperson from 1953 to 1955 and he served on the Georgia Court of Appeals from 1963 to 1976; and WHEREAS, Mr. Pannell has been married for over 46 years to Ruth Ann Loughridge Pannell, and the couple has three children, Charles A. Pannell, Jr., who is presently serving as a superior court judge, James Loughridge Pannell, who served ably in the General Assembly in the House of Representatives, and William Allen Pannell, and seven grandchildren; and WHEREAS, during his legislative career, he was instrumental in keeping Georgia's public schools open during the turmoil of integration, and he championed the cause of education and facilitated the creation of Dalton College; and WHEREAS, during his service in the General Assembly and as county attorney, he was instrumental in obtaining funds and rights of way for the construction of State Highway 225 from Calhoun in Gordon County through Murray County to the Tennessee line. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor and commend Mr. Charles A. Pannell, Sr., for his many years of public service. BE IT FURTHER RESOLVED that the portion of State Highway 225 from the intersection with State Highway 286 north to the state line is designated the Charles A. Pannell, Sr., Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs designating said highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to Mr. Charles A. Pannell, Sr. Approved April 9, 1996. JOINT COASTAL ZONE MANAGEMENT STUDY COMMITTEE CREATION. No. 72 (Senate Resolution No. 540). A RESOLUTION Creating the Joint Coastal Zone Management Study Committee; and for other purposes.

Page 909

WHEREAS, Georgia's coastal economy such as tourism, industrial facilities, and fisheries are dependent upon the continued health and abundance of coastal resources, and the recent crush of human population along the coast has put a severe strain on both facilities and resources; and WHEREAS, with a coastal zone management program, the state would gain additional legal authority through federal approval to review activities in border states that are injurious to Georgia's economy and coastal resources; and WHEREAS, with a comprehensive coastal management program, the state bureaucracy may be reduced and consolidated to provide better, more efficient service, and Georgia would receive its share of federal funding for local projects. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Coastal Zone Management Study Committee to be composed of a total of ten members, consisting of four members of the Senate to be appointed by the President of the Senate, four members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and, as ex officio members, the chairperson of the Senate Natural Resources Committee and the chairperson of the House Committee on Natural Resources and the Environment who shall be cochairpersons of the committee. Either cochairperson may call 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 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. The members of the committee 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 Senate and House of Representatives. 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, 1996. The committee shall stand abolished on December 1, 1996. Approved April 9, 1996.

Page 910

ADEN MASSEY HIGHWAY DESIGNATED. No. 73 (Senate Resolution No. 570). A RESOLUTION Designating a certain portion of United States Highway 280 as the Aden Massey Highway; and for other purposes. WHEREAS, Aden G. Massey, born to Walter and Mattie Massey of Hagan, Georgia, on December 20, 1921, devoted his life to serving his country, the State of Georgia, Evans County, and the citizens of the City of Hagan; and WHEREAS, Aden G. Massey, began his service in the United States Army November 11, 1942, and served for 31 months in the 82nd Airborne Division in the European theater; and WHEREAS, Aden G. Massey returned home to the City of Hagan in late 1945, married Josie Bell Sikes on January 19, 1946, and raised three sons: Larry, Wayne, and Allen Massey; and WHEREAS, Aden G. Massey faithfully served the Hagan United Methodist Church throughout his life, and he served the City of Hagan by being elected to the Hagan City Council in December, 1946, and serving for six years; and WHEREAS, the citizens of Hagan elected him mayor in December, 1957, and he devoted 30 years of his life to serving as the city's mayor before retiring in December, 1987; and WHEREAS, the City of Hagan, under the dedicated service and leadership of Aden G. Massey, became a modern, progressive small city. His accomplishments benefited the health, safety, and well-being of the citizens of Hagan, Georgia, and included deep wells, a new water system, a new city hall, police protection, street lights, paved streets, trash collection, modern and safe playground facilities, and expanded city limits through annexation; and WHEREAS, Aden G. Massey devoted 36 years of his life as an elected official to making the City of Hagan a quality place to live, and he has the devotion and gratitude of both city officials and the citizens of Hagan. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of United States Highway 280 running through the City of Hagan be designated as the Aden Massey Highway in recognition and honor of Mayor Emeritus Aden G. Massey. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating that portion of United States Highway 280 as provided in this resolution.

Page 911

BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to Aden G. Massey. Approved April 9, 1996. NORTH GEORGIA COLLEGE SENIOR RESERVE OFFICERS' TRAINING CORPS; SUPPORT. No. 74 (House Resolution No. 1074). A RESOLUTION Relating to the importance of the Senior Reserve Officers' Training Corps program at North Georgia College; and for other purposes. WHEREAS, North Georgia College is a comprehensive coeducational college that stresses a strong liberal arts program, as well as preprofessional, professional, and graduate programs that address the needs of a pluralistic society. Serving as a liberal arts college for all its students and as a military college for its Corps of Cadets, the college is distinct in many ways. As the only four-year public institution of higher learning in the northeast Georgia region, North Georgia College provides a quality college education to southern Appalachian residents who might not otherwise obtain a college education. Approximately 40 percent of undergraduate students reside on campus. One of only four military colleges in the nation and the only one in the University System of Georgia, North Georgia College maintains a nationally prominent Army ROTC program that attracts students from across the state, region, and nation; and WHEREAS, one of the primary purposes of North Georgia College is to enable Georgia's most gifted young people who are interested in pursuing a military career to attend the state's premier senior military college; and WHEREAS, it is the policy and the intent of the General Assembly that the state shall continue the standards of excellence at North Georgia College which have made it one of the most respected military colleges in the country. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the board of regents and the President of North Georgia College are authorized and directed to take all actions necessary to ensure that North Georgia College remains a Senior Reserve Officers' Training Corps program in compliance with federal law and to emphasize and support to the fullest extent the military program and Corps of Cadets at such college. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to send appropriate copies of this

Page 912

resolution to Dr. Stephen R. Portch, Chancellor of the University System of Georgia, and to Dr. Delmas Allen, President of North Georgia College. Approved April 10, 1996. INSURANCE TYPES OF INSURANCE; CASUALTY; PROPERTY; CREDIT INSURANCE AND CREDIT TRANSACTIONS; FORMS AND RATES; CERTAIN PREMIUMS DEEMED REASONABLE. Code Title 33 Amended. No. 903 (House Bill No. 1398). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change provisions relating to types of insurance; to provide that certain types of insurance shall be casualty insurance; to change provisions relating to property insurance; to provide for definitions; to provide that certain premiums, costs, commissions, dividends, or other gains with respect to credit insurance shall be considered as interest, time price differential, finance charge, or other charge in connection with certain credit transactions; to provide for forms and rates; to provide when premiums charged for certain credit insurance shall be deemed to be reasonable and in compliance with law; to correct certain internal references and cross references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by striking paragraphs (8), (9), (10), (11), (12), and (13) of Code Section 33-7-3, relating to casualty insurance, and inserting in their place new paragraphs (8), (9), and (10) to read as follows: (8) Malpractice insurance, which is insurance against legal liability of the insured and against loss, damage, or expense incidental to a claim of such liability, including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person, or arising out of damage to the economic interest of any person as the result of negligence in rendering expert, fiduciary, or professional services; (9) 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

Page 913

event or exhibition due to death, accidental injury, or sickness of performers, participants, directors, or other principals; and (10) 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; SECTION 2. Said title is further amended by adding a new Code section immediately following Code Section 33-7-3, to be designated Code Section 33-7-3.1, to read as follows: 33-7-3.1. (a) As used in this Code section, the term: (1) `Credit insurance' means any insurance which is recognized by this title as being applicable or appropriate for use in connection with any loan, retail installment transaction, or any other credit transaction made pursuant to any law of this state. Such insurance includes, but is not limited to, the following: (A) Credit life insurance; (B) Credit accident and sickness insurance; (C) Credit unemployment insurance; (D) Credit casualty insurance; (E) Credit property insurance; (F) Nonrecording insurance or nonfiling insurance which is property 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 obtaining the proceeds to which it is entitled under the 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; (G) Vendors' single interest insurance, which is property insurance securing the interest of a creditor as respects potential loss relative to tangible property used as collateral on credit transactions. Such

Page 914

insurance may include but is not limited to the following coverages: vandalism and malicious mischief, flood, collapse, alteration, skip, conversion, concealment, nonrecording insurance, misrepresentation, and embezzlement; 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. (2) `Credit loss insurance' means a form of casualty insurance against loss resulting from failure of debtors to pay their obligations to the insured creditor. Such term includes but is not limited to mortgage guaranty insurance, holder-in-due-course insurance, and repossession insurance. Credit loss insurance specifically does not include any of the coverages enumerated in subparagraphs (a)(1)(A) through (a)(1)(H) of this Code section. (3) `Creditor' means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction. Creditor also means any successor to the right, title, or interest of any such lender, vendor, or lessor and an affiliate, associate, or subsidiary of any of them or any director, officer, or employee of any of them or any other person in any way associated with any of them. (4) `Debtor' means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction. (b) Notwithstanding any law which may be construed to the contrary, neither the premium nor cost for any credit insurance which is written by or through a creditor nor any commission, dividend, or other gain payable by an insurer to a creditor for the sale or provision of credit insurance shall be deemed as interest, time price differential, finance charge, or other charge or amount in excess of permitted charges, in connection with any loan, retail installment transaction, or other credit transaction made pursuant to the laws of this state. (c) Forms and rates for all lines or sublines of credit insurance shall be filed separately with the Commissioner. Unless disapproved by the Commissioner, pursuant to the authority to disapprove forms or rates under Chapter 9, 24, or 31 of this title, the utilization of such forms and rates shall be deemed in compliance with this title and the premiums developed from such rates shall be deemed reasonable and in compliance with this title. SECTION 3. Said title is further amended by striking subsection (a) of Code Section 33-7-6, relating to property insurance, and inserting in its place a new subsection to read as follows:

Page 915

(a) Property insurance is insurance on real or personal property of every kind and interest therein against loss or damage from any or all hazards or causes and against loss consequential upon such loss or damage other than noncontractual legal liability for any such loss or damage. Property insurance shall also include miscellaneous insurance as defined in paragraph (10) of Code Section 33-7-3, except as to any noncontractual liability coverage includable therein. SECTION 4. Said title is further amended by striking Code Section 33-9-21.1, relating to filing and maintenance of information regarding certain casualty insurance, and inserting in its place 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 (10) 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 5. Said title is further amended by striking subsection (a) of Code Section 33-31-9, relating to premiums, refunds, and credits in connection with certain credit insurance, and inserting in its place a new subsection to read as follows: (a) Any insurer, subject to the power of the Commissioner to disapprove the form as provided in Code Section 33-31-8, may revise its schedules of premium rates from time to time and shall file such revised schedules with the Commissioner. Premiums charged by an insurer shall be deemed to be reasonable and in compliance with this chapter and this title if the rate utilized in the calculation of the premium has been approved by the Commissioner. No insurer shall charge premiums for credit life insurance or credit accident and sickness insurance which exceed the premium rate then on file with the Commissioner, except that for the second and subsequent years of insurance provided for the debtors of a creditor it may charge a premium in excess of such maximum if such increase is approved by the Commissioner because of unfavorable claims experience. Nothing in this chapter shall be deemed to prohibit an insurer from decreasing the premium rate on the insurance provided for the debtors of a creditor for the second and subsequent years of insurance.

Page 916

SECTION 6. Said title is further amended by striking subparagraph (E) of paragraph (7) of Code Section 33-36-3, relating to definitions regarding the Georgia Insurers Insolvency Pool, and inserting in its place a new subparagraph (E) to read as follows: (E) Credit insurance (being that class of insurance referred to in Code Section 33-7-3.1);. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1996. COMMERCE AND TRADE GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY; POLICE POWERS; ADOPTION OF ORDINANCES; REGULATION OF ACCESS TO AND USE OF FACILITIES. Code Sections 10-9-4.1 and 10-9-14.1 Enacted. No. 904 (House Bill No. 1475). AN ACT To amend Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, so as to provide that the authority shall have the power to determine the purposes, times, and manner in which access to and use of the facilities of the authority shall be permitted; to provide that the authority shall have the power to adopt reasonable ordinances relating to the property, affairs, and administration of the authority; to provide for the enforcement of such ordinances; to provide for maximum penalties for violations of such ordinances; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 9 of Title 10 of the Official Code of Georgia Annotated, relating to general provisions regarding the Geo. L. Smith II Georgia World Congress Center Authority, is amended by inserting a new Code section, to be designated Code Section 10-9-4.1, to read as follows: 10-9-4.1. (a) In addition to and not in derogation of its other powers under this chapter, the authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order.

Page 917

(b) The authority shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of the authority for which no provision has been made by general law and which are not inconsistent with the general laws and Constitution of the State of Georgia and the laws and Constitution of the United States. The officers of the Georgia World Congress Center Police, including the Security Guard Division thereof, and law enforcement officers acting within the jurisdiction of the authority under paragraph (3) of subsection (d) of Code Section 10-9-15, and subject to the requirements of Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act,' shall be authorized to serve and execute warrants and to make arrests for violation of ordinances adopted by the authority. For the purposes of exercising the powers and responsibilities of such officers as peace officers under paragraph (8) of Code Section 35-8-2, including their duties and responsibilities with respect to matters occurring within the limits of the facilities of the authority or requests by another law enforcement agency to provide aid and assistance, such officers shall have the same authority, powers, privileges, and immunities regarding enforcement of laws as law enforcement officers employed by the state. Prosecutions for violations of the ordinances of the authority shall be in the magistrate court sitting in the county in which such violation occurs as provided in Article 4 of Chapter 10 of Title 15. The authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63. (c) The maximum punishment for violation of such an ordinance shall be stated in the ordinance and shall not exceed a fine of $500.00 or imprisonment for 60 days, or both. (d) Nothing in this Code section shall prevent prosecution of any act which is a violation of an ordinance of the authority under any law applicable to such act. SECTION 2. Said article is further amended by inserting a new Code section, to be designated Code Section 10-9-14.1, to read as follows: 10-9-14.1. (a) Notwithstanding any designation or name of a facility of the authority, the facilities of the authority owned by it or under its control and management, including without limitation facilities named as or used for plazas, parks, pavilions, and vehicular and pedestrian ways, shall not be open or accessible to the public or be generally available for public or other use except (1) as may be determined or designated by the authority by bylaw, resolution, regulation, or ordinance as may be adopted by and amended from time to time by the authority either

Page 918

governing all facilities of the authority or governing a specific facility and then only for the purposes, at the times, and in the manner provided in such bylaw, resolution, regulation, or ordinance governing such facilities or facility and (2) as may be permitted by the authority to lessees, sublessees, licensees, sublicensees, exhibitors, concessionaires, franchisees, or vendors operating under a grant from the authority authorized by or entered into in accordance with bylaw, resolution, regulation, or ordinance of the authority and then only in accordance with the terms of that grant. (b) The authority may exclude from the facilities of the authority any person whose access to or use of the facility is not authorized or permitted in accordance with such grant, bylaw, resolution, regulation, or ordinance and remove any person present on such facilities whose presence or activities during such presence are not in accordance with such grant, bylaw, resolution, regulation, or ordinance. In addition, the authority may exclude or remove any person from a facility of the authority or conditionally limit access of a person to a facility of the authority where the authority in good faith determines that the person's activities pose an actual or imminent threat of harm, that the person's activities do or are intended to disrupt or interfere with the activities or functions authorized or permitted within such facility, that the person's activities do or are likely to violate the security of persons authorized or permitted to use the facility, or that the person's activities constitute a hazard to the safe or orderly operation of the facilities of the authority or to the safety of the authority's facilities or the occupants thereof. (c) Any bylaw, resolution, regulation, or ordinance adopted by the authority authorizing or permitting public or other use and access to any facility by the public or by persons other than the authority shall permit the authority from time to time directly to conduct activities within such facility or for other purposes which may be exclusive of access to and use of the facility by the public or by others otherwise authorized or permitted. Any bylaw, resolution, regulation, or ordinance adopted by the authority authorizing or permitting public or other use and access to any facility by persons other than the authority shall also permit the authority by lease, license, concession, franchise, or vending rights agreement, as the authority determines appropriate, to grant to others the right to use designated facilities of the authority to conduct activities thereon or for other purposes which shall be exclusive of the rights of others, including the public, to the extent set forth in the grant. During the period of such direct use or of the term of such grant and at such times preceding or following such period as the authority determines appropriate, notwithstanding any bylaw, resolution, regulation, or ordinance permitting public or other use and access to a facility, the authority may close the facility for which direct use or grant is made to access by the public or others and exclude and remove from the facility of the authority for which such direct use or grant is made any person

Page 919

not authorized by the authority or by the authority's grantee to obtain access thereto. To the extent necessary to effectuate the purposes of such direct use or grant, the authority may temporarily close to vehicular and pedestrian access public streets and sidewalks within such facilities or limit vehicular and pedestrian traffic thereon and, after agreement with municipalities having jurisdiction, temporarily close to vehicular and pedestrian traffic public streets and sidewalks adjacent to such facilities or limit vehicular and pedestrian traffic thereon. (d) The provisions of this Code section are in addition to and not in derogation of the other provisions of this chapter, including Code Section 10-9-14. 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, 1996. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; GROUP SELF-INSURANCE FUNDS; CERTIFICATES OF AUTHORITY; MEMBERSHIP; FORMER MEMBERS; LOSS RESERVES; OPERATING EXPENSES; ADMINISTRATOR'S BOND. Code Title 34, Chapter 9 Amended. No. 907 (House Bill No. 106). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide for inclusion of a formerly self-insured employer's prior experience in determining an experience modifier; to change certain provisions relating to application for certificate of authority to create group self-insurance fund; to change certain provisions relating to admission of new members to group self-insurance fund; to change certain provisions relating to termination of participation in group self-insurance fund; to change certain provisions relating to maintenance of loss reserves; to change certain provisions relating to payment of operating expenses by members of fund; to change certain provisions relating to bond of administrator; to amend Code Section 33-23-102 of the Official Code of Georgia Annotated, relating to bond and surety of applicant for insurance administrator's license, so as to provide for fidelity bond; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 920

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 adding a new Code Section 34-9-138 to read as follows: 34-9-138. Any insurance company which voluntarily writes a policy for any employer which was self-insured under any provision of this chapter shall include such employer's prior experience while self-insured to determine or have determined an experience modifier for such employer. SECTION 2. Said chapter is further amended by striking subsection (d) of Code Section 34-9-152, relating to application for certificate of authority to create group self-insurance fund, and inserting in lieu thereof the following: (d) Each application for a certificate of authority shall be accompanied by a filing fee in the amount required by subparagraph (CC) of paragraph (1) of Code Section 33-8-1, which fee shall not be refundable. SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 34-9-155, relating to admission of new members to group self-insurance fund, and inserting in lieu thereof the following: (a) Any other provision of law to the contrary notwithstanding, no person other than a trustee, officer, or administrator of the fund shall solicit membership or participation in any fund unless such person: (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. SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 34-9-156, relating to termination of participation in group self-insurance fund, and inserting in lieu thereof the following:

Page 921

(d) Any member who is voluntarily terminated or is involuntarily terminated shall be provided with the data necessary for the replacement workers' compensation insurer to determine or have determined an experience modifier for such former member. SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 34-9-163, relating to maintenance of loss reserves, and inserting in lieu thereof the following: (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 45 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, less all loss and loss expense payments made in connection with the claims under policies written in those three years. For the purposes of this paragraph, the term `acturial standards' means the standards adopted by the Casualty Actuarial Society in its Statement of Principles Regarding Property and Casualty Loss and Loss Adjustment Expense Reserves and the Standards of Practice adopted by the Actuarial Standards Board. SECTION 6. Said chapter is further amended by striking subsection (a) of Code Section 34-9-164, relating to payment of operating expenses by members of fund, and inserting in lieu thereof the following: (a) Each member shall pay into the fund its share of the fund's projected obligation for workers' compensation liability, administrative expenses, and other costs incurred by the fund as may be determined by the board of the fund or by the fund's administrator and approved by the board of the fund, all in accordance with this article. The share shall be adjusted by the board of the fund according to the claims experience of each participating member in accordance with criteria set forth in the bylaws of the fund. The premium for each year shall be paid by each member at the beginning of each fund year unless otherwise provided for under the intrastate agreement or under a payment plan developed

Page 922

by the board of the fund and submitted to and approved by the Commissioner. The board of the fund shall make payments to the employees of the members out of the fund for workers' compensation benefits pursuant to and in accordance with the claims procedures set forth in this chapter; and the board of the fund shall determine what, if any, dividends or assessments shall be paid to or levied against the participating members of the fund. SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 34-9-167, relating to bond of administrator, and inserting in lieu thereof the following: (a) The Commissioner shall require each administrator to have and maintain a fidelity bond pursuant to Code Section 33-23-102. SECTION 8. Code Section 33-23-102 of the Official Code of Georgia Annotated, relating to bond and surety of applicant for insurance administrator's license, is amended by striking subsection (a) and inserting in lieu thereof the following: (a) Every applicant for an administrator's license shall file with the application and shall thereafter maintain in force while so licensed a fidelity bond in favor of the Commissioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation of the Commissioner. SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. STATE GOVERNMENT STATE PURCHASING DURING STATE OF EMERGENCY DECLARED BY GOVERNOR. Code Section 50-5-71 Amended. No. 908 (House Bill No. 288). AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and

Page 923

procedure relative to state purchasing, so as to provide for purchases during a declared state of emergency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to the general authority, duties, and procedure relative to state purchasing, is amended by striking in its entirety Code Section 50-5-71, relating to authorization for emergency purchases, and inserting in lieu thereof the following: 50-5-71. In case of any emergency arising from any unforeseen causes, including delay by contractors, delay in transportation, breakdown in machinery, unanticipated volume of work, or upon the declaration of a state of emergency by the Governor, the Department of Administrative Services or any other department, institution, or agency of state government to which emergency purchasing powers have been granted by the Department of Administrative Services shall have power to purchase in the open market any necessary supplies, materials, or equipment for immediate delivery to any department, institution, or agency of the state government. A report on the circumstances of the emergency and the transactions thereunder shall be duly recorded in a book or file to be kept by the Department of Administrative Services. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. GUARDIAN AND WARD APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR CHILD WHO IS SUBJECT OF PATERNITY PETITION; PROHIBITION AGAINST SAME PERSON BEING APPOINTED BOTH COUNSEL AND GUARDIAN AD LITEM FOR WARD, PROPOSED WARD, OR ALLEGEDLY INCOMPETENT OR INCAPACITATED PERSON. Code Section 19-7-44 Amended. Code Section 29-1-2 Enacted. Code Sections 29-5-6 and 29-5-13 Amended. No. 909 (House Bill No. 339). AN ACT To amend Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians

Page 924

ad litem, so as to delete certain provisions relating to the child being made a party to a paternity action and the appointment of a guardian or guardian ad litem; to provide that the court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition; to provide for payment; to amend Chapters 1 and 5 of Title 29 of the Official Code of Georgia Annotated, relating respectively to general provisions relative to guardians and guardians of incapacitated adults, so as to prohibit the same person from being appointed counsel and guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person; to strike provisions relating to payment of a person who serves both functions for a ward, proposed ward, or allegedly incapacitated or incompetent person; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 19-7-44 of the Official Code of Georgia Annotated, relating to parties to actions for determination of paternity and guardians ad litem, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) The court may, in its discretion, appoint a guardian ad litem to represent a minor child who is the subject of a paternity petition. Payment of the guardian ad litem shall be as ordered by the court. Neither the child's mother nor the alleged or presumed father may represent the child as guardian ad litem. SECTION 2. Chapter 1 of Title 29 of the Official Code of Georgia Annotated, relating to general provisions relative to guardians, is amended by inserting a new Code section to be designated Code Section 29-1-2 to read as follows: 29-1-2. Notwithstanding any other provision of law, a person who is appointed as counsel for a ward, proposed ward, or allegedly incompetent or incapacitated person is not eligible to be appointed as guardian ad litem for the same individual, and a person who is appointed as guardian ad litem for a ward, proposed ward, or allegedly incompetent or incapacitated person is not eligible to be appointed as counsel for the same individual. SECTION 3. Chapter 5 of Title 29 of the Official Code of Georgia Annotated, relating to guardians of incapacitated adults, is amended by striking in its entirety subsection (b) of Code Section 29-5-6, relating to procedures for appointing

Page 925

guardians, and inserting in lieu thereof a new subsection to read as follows: (b)(1) Upon the filing of the petition, the judge of the probate court shall review the petition and affidavit, if any, and determine whether there is sufficient evidence to believe that the proposed ward is incapacitated within the meaning of Code Section 29-5-1. (2) If the judge of the probate court determines that there is such evidence, the judge shall: (A) Immediately notify the proposed ward of the proceedings by personal service of all pleadings on the proposed ward by an officer of the court; (B) Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by subsection (c) of this Code section and of the right to independent counsel and that the court will appoint counsel within two days unless the proposed ward indicates that he or she has retained counsel by that time; (C) Give notice of the petition by first-class mail to the spouse and all adult children of the proposed ward whose addresses are known; or, if none, order notice of the petition by first-class mail to the two next of kin whose addresses are known, or, if only one, then that one; or, if none, order notice of the petition by first-class mail to two adult friends of the ward; (D) Upon application of any interested person or on the court's own motion, consider whether to appoint a guardian ad litem, provided that the decision as to whether to appoint a guardian ad litem shall be in the sole discretion of the judge of the probate court; and (E) Appoint a guardianship evaluation physician or psychologist as provided in subsection (c) of this Code section. (3) If the probate court determines that there is insufficient evidence to believe that the proposed ward is incapacitated within the meaning of Code Section 29-5-1, the judge shall dismiss the petition and provide the proposed ward with a copy of the petition, affidavit, and order of dismissal. SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 29-5-13, relating to compensation and expenses, and inserting in lieu thereof a new subsection to read as follows: (e) For any hearing under this chapter, the sum to be paid to an attorney appointed to represent an allegedly incapacitated person shall

Page 926

not exceed $75.00 and actual expenses. In appropriate circumstances, the attorney may apply to the judge of the probate court of the county in which the hearing was held for an order granting reasonable fees in excess of the amount specified in this subsection which additional fees may only be granted pursuant to subsection (e.1) of this Code section. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION FREEPORT EXEMPTION; APPLICABILITY TO REMANUFACTURE OF AIRCRAFT ENGINES, ENGINE PARTS, OR COMPONENTS. Code Section 48-5-48.2 Amended. No. 910 (House Bill No. 667). AN ACT To amend Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to the freeport exemption, so as to provide for the applicability of such exemption with respect to the remanufacture of aircraft engines or aircraft engine parts or components; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-5-48.2 of the Official Code of Georgia Annotated, relating to the freeport exemption, is amended by striking paragraph (1) of subsection (b) and inserting in its place a new paragraph to read as follows: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, remanufacture of aircraft engines or aircraft engine parts or components shall constitute manufacturing operations in this state. Remanufacture of aircraft engines or aircraft engine parts or components means the substantial overhauling or rebuilding of aircraft engines or aircraft engine parts or components;.

Page 927

SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. RETIREMENT AND PENSIONS TEACHERS RETIREMENT SYSTEM OF GEORGIA; MEMBERS MAY RETIRE AFTER OBTAINING 25 YEARS OF CREDITABLE SERVICE. Code Section 47-3-101 Amended. No. 911 (House Bill No. 691). AN ACT To amend Code Section 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, so as to provide that members of such retirement system may retire after obtaining 25 years of creditable service; 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 47-3-101, relating to eligibility and application for retirement under the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) Any member in service may retire upon written application to the board of trustees, provided that the member at the time of retirement: (1) has attained the age of 60 years and has at least ten years of creditable service, or (2) has at least 25 years of creditable service. The effective date of retirement will be the first of the month in which the application is received by the board of trustees; except that no retirement application will be effective earlier than the first of the month following the final month of the applicant's employment. Applications for retirement will not be accepted more than 180 days in advance of the effective date of retirement. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be

Page 928

automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. INSURANCE RISK-BASED CAPITAL; DELINQUENCY PROCEEDINGS RECEIVERS' CIVIL IMMUNITY AND INDEMNIFICATION. Code Title 33, Chapter 56 Enacted. Code Section 33-37-8.1 Enacted. No. 912 (House Bill No. 838). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide definitions; to provide for the submission of reports by insurers of risk-based capital levels; to provide for the computation of risk-based capital levels for various kinds of insurers; to provide for administrative hearings and procedures relative to such hearings; to provide for risk-based capital plans to be submitted by insurers to the Commissioner of Insurance; to provide for the content of reports and plans; to provide for the filing of reports and plans with insurance commissioners of other states and with the National Association of Insurance Commissioners; to authorize examinations by the Commissioner of Insurance and the issuance of orders for corrective actions to be taken by insurers; to provide for the authority of the Commissioner of Insurance to take actions pursuant to Chapter 37 of this title; to provide for the confidentiality of certain information and corrective orders; to provide for legislative intent and purpose; to prohibit certain actions relative to advertising or publishing information regarding risk-based capital levels; to provide for construction; to authorize rules and regulations; to authorize exemptions for domestic property and casualty insurers which meet certain requirements; to provide for immunity from suit for the Commissioner of Insurance and the Insurance Department; to provide for severability; to provide for the effectiveness of notices; to provide official immunity from civil action to receivers responsible for the conduct of a delinquency proceeding under said chapter and their employees; to provide indemnification from the assets of the insurer for legal expenses and similar expenses in the event legal action is commenced against the receiver or an employee; to provide that indemnification costs paid by the insurer shall be considered an administrative expense of the insurer; to provide for the segregation and reserving of funds from the assets of the insurer in the event of actual or threatened legal action against the receiver or an

Page 929

employee; to provide for determinations by the Commissioner of Insurance regarding payments in the event of settlements of legal action prior to final adjudication; to provide for approval of settlements by the court before which an action is pending; to provide for construction; to provide for applicability; to provide for other matters relative to the foregoing; 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 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Chapter 56 to read as follows: CHAPTER 56 33-56-1. As used in this chapter, the term: (1) `Adjusted RBC report' means an RBC report which has been adjusted in accordance with subsection (e) of Code Section 33-56-2. (2) `Corrective order' means an order issued by the Commissioner specifying corrective actions which the Commissioner has determined are required. (3) `Domestic insurer' means an insurer as defined in paragraph (4) of Code Section 33-3-1. (4) `Foreign insurer' means any insurance company which is licensed to do business in this state under Chapter 3 of this title, but is not a domestic insurer. (5) `Life and health insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-2 or 33-7-4 or a licensed property and casualty insurer writing only accident and health insurance. (6) `NAIC' means the National Association of Insurance Commissioners. (7) `Negative trend' means, with respect to a life and health insurer, a negative trend over a period of time, as determined in accordance with the trend test calculation included in the RBC instructions. (8) `Property and casualty insurer' means any insurance company licensed to write insurance as defined in Code Section 33-7-3 or 33-7-6 but shall not include monoline mortgage guaranty insurers, financial guaranty insurers, and title insurers. (9) `RBC' means risk-based capital.

Page 930

(10) `RBC instructions' means the RBC report including risk-based capital instructions adopted by the NAIC, as such RBC instructions may be amended by the NAIC from time to time in accordance with the procedures adopted by the NAIC. (11) `RBC level' means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where: (A) `Authorized control level RBC' means the number determined under the risk-based capital formula in accordance with the RBC instructions; (B) `Company action level RBC' means, with respect to any insurer, the product of 2.0 and its authorized control level RBC; (C) `Mandatory control level RBC' means the product of.70 and the authorized control level RBC; and (D) `Regulatory action level RBC' means the product of 1.5 and its authorized control level RBC. (12) `RBC plan' means a comprehensive financial plan containing the elements specified in subsection (b) of Code Section 33-56-3. If the Commissioner rejects the RBC plan and it is revised by the insurer, with or without the Commissioner's recommendation, the plan shall be called the revised RBC plan. (13) `RBC report' means the report required in Code Section 33-56-2. (14) `Total adjusted capital' means the sum of: (A) An insurer's statutory capital and surplus; and (B) Such other items, if any, as the RBC instructions may provide. 33-56-2. (a) Every domestic insurer shall, on or prior to each March 1, prepare and submit to the Commissioner a report of its RBC levels, as of the end of the previous calendar year, containing such information as is required by the RBC instructions. In addition, every domestic insurer shall file its RBC report: (1) With the NAIC in accordance with the RBC instructions; and (2) With the insurance commissioner in any state in which the insurer is authorized to do business, if the insurance commissioner has notified the insurer of its request in writing, in which case the insurer shall file its RBC report not later than the later of: (A) Fifteen days from the receipt of notice to file its RBC report with that state; or (B) March 1.

Page 931

(b) A life and health insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between: (1) The risk with respect to the insurer's assets; (2) The risk of adverse insurance experience with respect to the insurer's liabilities and obligations; (3) The interest rate risk with respect to the insurer's business; and (4) All other business risks and such other relevant risks as are set forth in the RBC instructions, determined in each case by applying the factors in the manner set forth in the RBC instructions. (c) A property and casualty insurer's RBC shall be determined in accordance with the formula set forth in the RBC instructions. The formula shall take into account and may adjust for the covariance between: (1) Asset risk; (2) Credit risk; (3) Underwriting risk; and (4) All other business risks and such other relevant risks as are set forth in the RBC instructions, determined in each case by applying the factors in the manner set forth in the RBC instructions. (d) An excess of capital over the amount produced by the risk-based capital requirements contained in the chapter and the formulas, schedules, and instructions referenced in this chapter is desirable in the business of insurance. Accordingly, insurers should seek to maintain capital above the RBC levels required by this chapter. Additional capital is useful in the insurance business and helps to secure an insurer against various risks inherent in or affecting the business of insurance and is not accounted for or only partially measured by the risk-based capital requirements contained in this chapter. (e) If a domestic insurer files an RBC report which in the judgment of the Commissioner is inaccurate, then the Commissioner shall adjust the RBC report and notify the insurer of the inaccuracy. The notice shall contain a statement of the reason for the inaccuracy. The insurer must, within 30 days, correct the inaccuracy or request a hearing. If the insurer fails to correct the inaccuracy or to request a hearing, the Commissioner may order a hearing to determine the corrections that are necessary. An RBC report adjusted in accordance with this subsection is referred to as an adjusted RBC report.

Page 932

33-56-3. (a) As used in this Code section, a company action level event means any of the following events: (1) The filing of an RBC report by an insurer which indicates that: (A) The insurer's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; or (B) If a life and health insurer, the insurer has total adjusted capital which is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and 2.5 and has a negative trend; (2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates an event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or (3) If, pursuant to Code Section 33-56-7, an insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (b) In the event of a company action level event, the insurer shall prepare and submit to the Commissioner an RBC plan which shall: (1) Identify the conditions which contribute to the company action level event; (2) Contain proposals of corrective actions which the insurer intends to take and would be expected to result in the elimination of the company action level event; (3) Provide projections of the insurer's financial results in the current year and at least the four succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory operating income, net income, capital and surplus, or surplus; (4) Identify the key assumptions impacting the insurer's projections and the sensitivity of the projections to the assumptions; and (5) Identify the quality of, and problems associated with, the insurer's business, including but not limited to its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance, if any, in each case.

Page 933

(c) An RBC plan shall be submitted: (1) Within 45 days of the company action level event; or (2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7, within 45 days after notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (d) Within 60 days after the submission by an insurer of an RBC plan to the Commissioner, the Commissioner shall notify the insurer whether the RBC plan shall be implemented or is, in the judgment of the Commissioner, unsatisfactory. If the Commissioner determines the RBC plan is unsatisfactory, the notification to the insurer shall set forth the reasons for the determination and may set forth proposed revisions which will render the RBC plan satisfactory in the judgment of the Commissioner. Upon notification from the Commissioner, the insurer shall prepare a revised RBC plan, which may incorporate by reference any revisions proposed by the Commissioner, and shall submit the revised RBC plan to the Commissioner: (1) Within 45 days after the notification from the Commissioner; or (2) If the insurer challenges the notification from the Commissioner under Code Section 33-56-7, within 45 days after a notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (e) In the event of a notification by the Commissioner to an insurer that the insurer's RBC plan or revised RBC plan is unsatisfactory, the Commissioner may at the Commissioner's discretion, subject to the insurer's right to a hearing under Code Section 33-56-7, specify in the notification that the notification constitutes a regulatory action level event. (f) Every domestic insurer which files an RBC plan or revised RBC plan with the Commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the insurer is authorized to do business if: (1) Such state has an RBC provision substantially similar to subsection (a) of Code Section 33-56-8; and (2) The insurance commissioner of that state has notified the insurer of its request for the filing in writing, in which case the insurer shall file a copy of the RBC plan or revised RBC plan in that state no later than the later of: (A) Fifteen days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or (B) The date on which the RBC plan or revised RBC plan is filed under subsection (c) or (d) of this Code section.

Page 934

33-56-4. (a) For the purposes of this Code section, a regulatory action level event means, with respect to any insurer, any of the following events: (1) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its authorized control level RBC but less than its regulatory action level RBC; (2) The notification by the Commissioner to an insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; (3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge; (4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for such failure which is satisfactory to the Commissioner and has corrected the failure within ten days after the filing date; (5) The failure of the insurer to submit an RBC plan to the Commissioner within the time period set forth in subsection (c) of Code Section 33-56-3; (6) Notification by the Commissioner to the insurer that: (A) The RBC plan or revised RBC plan submitted by the insurer is, in the judgment of the Commissioner, unsatisfactory; and (B) Such notification constitutes a regulatory action level event with respect to the insurer, provided the insurer has not challenged the determination under Code Section 33-56-7; (7) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by the Commissioner under paragraph (6) of this subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected such challenge; (8) Notification by the Commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event in accordance with its RBC plan or revised RBC plan and the Commissioner has so stated in the notification, provided the insurer has not challenged the determination under Code Section 33-56-7; or (9) If, pursuant to Code Section 33-56-7, the insurer challenges a determination by the Commissioner under paragraph (8) of this

Page 935

subsection, the notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the challenge. (b) In the event of a regulatory action level event, the Commissioner shall: (1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised RBC plan; (2) Perform such examination or analysis as the Commissioner deems necessary of the assets, liabilities, and operations of the insurer including a review of its RBC plan or revised RBC plan; and (3) Subsequent to the examination or analysis described in paragraph (2) of this subsection, issue an order specifying such corrective actions as the Commissioner shall determine are required. (c) In determining corrective actions, the Commissioner may take into account such factors as are deemed relevant with respect to the insurer based upon the Commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including, but not limited to, the results of any sensitivity tests undertaken pursuant to the RBC instructions. The RBC plan or revised RBC plan shall be submitted: (1) Within 45 days after the occurrence of the regulatory action level event; (2) If the insurer challenges an adjusted RBC report pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner within 45 days after the notification to the insurer that Commissioner has, after a hearing, rejected the insurer's challenge; or (3) If the insurer challenges a revised RBC plan pursuant to Code Section 33-56-7 and the challenge is not frivolous in the judgment of the Commissioner, within 45 days after the notification to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. 33-56-5. (a) For the purposes of this Code section authorized control level event means any of the following events: (1) The filing of an RBC report by the insurer which indicates that the insurer's total adjusted capital is greater than or equal to its mandatory control level RBC but less than its authorized control level RBC; (2) The notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided the insurer does not challenge the adjusted RBC report under Code Section 33-56-7;

Page 936

(3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge; (4) The failure of the insurer to respond, in a manner satisfactory to the Commissioner, to a corrective order; or (5) If the insurer has challenged a corrective order under Code Section 33-56-7 and the Commissioner has, after a hearing, rejected the challenge or modified the corrective order, the failure of the insurer to respond, in a manner satisfactory to the Commissioner, to the corrective order subsequent to rejection or modification by the Commissioner. (b) In the event of an authorized control level event with respect to an insurer, the Commissioner shall: (1) Take such actions as are required under Code Section 33-56-4 regarding an insurer with respect to which a regulatory action level event has occurred; or (2) If the Commissioner deems it to be in the best interests of the policy holders and creditors of the insurer and of the public, take such actions as are necessary to cause the insurer to be placed under regulatory control under Chapter 37 of this title. In the event the Commissioner takes such actions, the authorized control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. In the event the commissioner takes actions under this paragraph pursuant to an adjusted RBC report, the insurer shall be entitled to such protections as are afforded to insurers under the provisions of Chapter 2 of this title pertaining to summary proceedings. 33-56-6. (a) For purposes of this Code section, `mandatory control level event' means any of the following events: (1) The filing of an RBC report which indicates that the insurer's total adjusted capital is less than its mandatory control level RBC; (2) Notification by the Commissioner to the insurer of an adjusted RBC report that indicates the event in paragraph (1) of this subsection, provided that the insurer does not challenge the adjusted RBC report under Code Section 33-56-7; or (3) If, pursuant to Code Section 33-56-7, the insurer challenges an adjusted RBC report that indicates the event in paragraph (1) of this

Page 937

subsection, notification by the Commissioner to the insurer that the Commissioner has, after a hearing, rejected the insurer's challenge. (b) In the event of a mandatory control level event: (1) With respect to a life insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title. In that event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title, and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period. (2) With respect to a property and casualty insurer, the Commissioner shall take such actions as are necessary to place the insurer under regulatory control under Chapter 37 of this title, or in the case of an insurer which is writing no business and which is running-off its existing business may allow the insurer to continue its run-off under the supervision of the Commissioner. In either event, the mandatory control level event shall be deemed sufficient grounds for the Commissioner to take action under Chapter 37 of this title and the Commissioner shall have the rights, powers, and duties with respect to the insurer as are set forth in Chapter 37 of this title. If the Commissioner takes actions pursuant to an adjusted RBC report, the insurer shall be entitled to the protections of Chapter 2 of this title pertaining to summary proceedings. Notwithstanding any of the foregoing, the Commissioner may forego action for up to 90 days after the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90 day period. 33-56-7. Upon notification: (1) To an insurer by the Commissioner of an adjusted RBC report; (2) To an insurer by the Commissioner that: (A) The insurer's RBC plan or revised RBC plan is unsatisfactory; and (B) Such notification constitutes a regulatory action level event with respect to such insurer;

Page 938

(3) To any insurer by the Commissioner that the insurer has failed to adhere to its RBC plan or revised RBC plan and that such failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or (4) To an insurer by the Commissioner of a corrective order with respect to the insurer, the insurer shall have the right to a departmental hearing, on a record, at which the insurer may challenge any determination or action by the Commissioner. The insurer shall notify the Commissioner of its request for a hearing within five days after the notification by the Commissioner under this Code section. Upon receipt of the insurer's request for a hearing, the Commissioner shall set a date for the hearing, which date shall be no less than ten nor more than 30 days after the date of the insurer's request. 33-56-8. (a) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, all RBC reports, to the extent the information therein is not required to be set forth in a publicly available annual statement schedule, and RBC plans, including the results or report of any examination or analysis of an insurer performed pursuant hereto, and any corrective order issued by the Commissioner pursuant to examination or analysis, with respect to any domestic insurer or foreign insurer, which are filed with the Commissioner, constitute information that might be damaging to the insurer if made available to its competitors and therefore shall be kept confidential by the Commissioner. This information shall not be made public or be subject to subpoena, other than by the Commissioner, and then only for the purpose of enforcement actions taken by the Commissioner pursuant to this chapter or any other provision of the insurance laws of this state. (b) It is the judgment of the General Assembly that the comparison of an insurer's total adjusted capital to any of its RBC levels is a regulatory tool which may indicate the need for possible corrective action with respect to the insurer and is not intended as a means to rank insurers generally. Therefore, except as otherwise required under the provisions of this chapter, the making, publishing, disseminating, circulating or placing before the public, or causing, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in a newspaper, magazine or other publication, or in the form of a notice, circular, pamphlet, letter or poster, or over any radio or television station, or in any other way, an advertisement, announcement or statement containing an assertion, representation or statement with regard to the RBC levels of any insurer, or of any component derived in the calculation by any insurer, agent, broker, or other person engaged in

Page 939

any manner in the insurance business would be misleading and is therefore prohibited; provided, however, that if any materially false statement with respect to the comparison regarding an insurer's total adjusted capital to its RBC levels or an inappropriate comparison of any other amount to the insurer's RBC levels is published in any written publication and the insurer is able to demonstrate to the Commissioner with substantial proof the falsity of such statement, or the inappropriateness, as the case may be, of such statement, then the insurer may publish an announcement in a written publication if the sole purpose of the announcement is to rebut the materially false or inappropriate statement. (c) It is the further judgment of the General Assembly that the RBC instructions, RBC reports, adjusted RBC reports, RBC plans, and revised RBC plans are intended solely for use by the Commissioner in monitoring the solvency of insurers and the need for possible corrective action with respect to insurers and shall not be used by the Commissioner for rate-making purposes, considered or introduced as evidence in any rate proceeding, or used by the Commissioner to calculate or derive any elements of an appropriate premium level or rate of return for any line of insurance which an insurer or any affiliate is authorized to write. 33-56-9. (a) The provisions of this chapter are supplemental to any other provisions of the laws of this state and shall not preclude or limit any other powers or duties of the Commissioner under such laws, including, but not limited to, Chapters 2, 3, 13, and 37 of this title. (b) The Commissioner may adopt reasonable rules necessary for the implementation of this chapter. (c) The Commissioner may exempt from the application of this chapter any domestic property and casualty insurer which: (1) Writes direct business only in this state; (2) Writes direct annual premiums of $2,000,000.00 or less; and (3) Assumes no reinsurance in excess of 5 percent of direct premium written. 33-56-10. (a) Any foreign insurer shall, upon the written request of the Commissioner, submit to the Commissioner an RBC report as of the end of the previous calendar year the later of: (1) The date an RBC report would be required to be filed by a domestic insurer under this chapter; or (2) Fifteen days after the request is received by the foreign insurer.

Page 940

(b) Any foreign insurer shall, at the written request of the Commissioner, promptly submit to the Commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state. (c) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to any foreign insurer as determined under the RBC statute applicable in the state of domicile of the insurer, or, if no RBC statute is in force in that state, under the provisions of this chapter, if the insurance commissioner of the state of domicile of the foreign insurer fails to require the foreign insurer to file an RBC plan in the manner specified under that state's RBC statute, or, if no RBC statute is in force in that state, under Code Section 33-56-2, the Commissioner may require the foreign insurer to file an RBC plan with the Commissioner. In such event, the failure of the foreign insurer to file an RBC plan with the Commissioner shall be grounds to order the insurer to cease and desist from writing new insurance business in this state. (d) In the event of a mandatory control level event with respect to any foreign insurer, if no domiciliary receiver has been appointed with respect to the foreign insurer under the rehabilitation and liquidation statute applicable in the state of domicile of the foreign insurer, the Commissioner may make application to the superior court permitted under Chapter 37 of this title with respect to the liquidation of property of foreign insurers found in this state, and the occurrence of the mandatory control level event shall be considered adequate grounds for the application. 33-56-11. There shall be no liability on the part of, and no cause of action shall arise against, the Commissioner or the insurance department or its employees or agents for any action taken by them in the performance of their powers and duties under this chapter. 33-56-12. In the event any section, subsection, sentence, clause, or phrase of this chapter 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 chapter, 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 of this chapter. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts of this chapter would be declared or adjudged invalid or unconstitutional.

Page 941

33-56-13. All notices by the Commissioner to an insurer which may result in regulatory action hereunder shall be effective upon dispatch if transmitted by registered or certified mail or, in the case of any other transmission, shall be effective upon the insurer's receipt of such notice. SECTION 2. Said title is further amended by adding immediately following Code Section 33-37-8 a new Code section, to be designated Code Section 33-37-8.1, to read as follows: 33-37-8.1. (a) For the purposes of this Code section, the persons entitled to protection under this Code section are: (1) All receivers responsible for the conduct of a delinquency proceeding under this chapter, including present and former receivers; and (2) Their employees, meaning all present and former special deputies and assistant special deputies appointed by the Commissioner and all persons whom the Commissioner, special deputies, or assistant special deputies have employed to assist in a delinquency proceeding under this chapter. Attorneys, accountants, auditors, and other professional persons or firms who are retained by the receiver as independent contractors and their employees shall not be considered employees of the receiver for purposes of this Code section. (b) The receiver and his or her employees shall have official immunity and shall be immune from suit and liability, both personally and in their official capacities, for any claim for damage to or loss of property, personal injury, or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment, provided that nothing in this provision shall be construed to hold the receiver or any employee immune from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of the receiver or any employee. (c) If any legal action is commenced against the receiver or any employee, whether against him or her personally or in his or her official capacity, alleging property damage, property loss, personal injury, or other civil liability caused by or resulting from any alleged act, error, or omission of the receiver or any employee arising out of or by reason of their duties or employment, the receiver and any employee shall be indemnified from the assets of the insurer for all expenses, attorneys' fees, judgments, settlements, decrees, or amounts due and owing or paid in satisfaction of or incurred in the defense of such legal action unless it is determined upon a final adjudication on the merits that the alleged

Page 942

act, error, or omission of the receiver or employee giving rise to the claim did not arise out of or by reason of his or her duties or employment or was caused by intentional or willful and wanton misconduct. (d)(1) Attorneys' fees and any and all related expenses incurred in defending a legal action for which immunity or indemnity is available under this Code section shall be paid from the assets of the insurer, as they are incurred, in advance of the final disposition of such action upon receipt of an undertaking by or on behalf of the receiver or employee to repay the attorneys' fees and expenses if it shall ultimately be determined upon a final adjudication on the merits that the receiver or employee is not entitled to immunity or indemnity under this Code section. (2) Any indemnification for expense payments, judgments, settlements, decrees, attorneys' fees, surety bond premiums, or other amounts paid or to be paid from the insurer's assets pursuant to this Code section shall be an administrative expense of the insurer. (3) In the event of any actual or threatened litigation against a receiver or any employee for which immunity or indemnity may be available under this Code section, a reasonable amount of funds which in the judgment of the Commissioner may be needed to provide immunity or indemnity shall be segregated and reserved from the assets of the insurer as security for the payment of indemnity until such time as all applicable statutes of limitation shall have run, and all actual or threatened actions against the receiver or any employee shall have been completely and finally resolved, and all obligations of the insurer and the Commissioner under this Code section shall have been satisfied. (4) In lieu of the segregation and reserving of funds, the Commissioner may, in his or her discretion, obtain a surety bond or make other arrangements which will enable the Commissioner to fully secure the payment of all obligations under this Code section. (e) If any legal action against an employee for which indemnity may be available under this Code section is settled prior to final adjudication on the merits, the insurer must pay the settlement amount on behalf of the employee or indemnify the employee for the settlement amount unless the Commissioner determines: (1) That the claim did not arise out of or by reason of the employee's duties or employment; or (2) That the claim was caused by the intentional or willful and wanton misconduct of the employee. (f) In any legal action in which the receiver is a defendant, that portion of any settlement relating to the alleged act, error, or omission of the

Page 943

receiver shall be subject to the approval of the court before which the delinquency proceeding is pending. The court shall not approve that portion of the settlement if it determines: (1) That the claim did not arise out of or by reason of the receiver's duties or employment; or (2) That the claim was caused by the intentional or willful and wanton misconduct of the receiver. (g) Nothing contained or implied in this Code section shall operate or be construed or applied to deprive the receiver or any employee of any immunity, indemnity, benefits of law, rights, or any defense otherwise available. (h)(1) Subsection (b) of this Code section shall apply to any suit based in whole or in part on any alleged act, error, or omission which takes place on or after the effective date of this Code section. (2) No legal action shall lie against the receiver or any employee based in whole or in part on any alleged act, error, or omission which took place prior to the effective date of this Code section, unless a suit is filed and valid service of process is obtained within 12 months after the effective date of this Code section. (3) Subsections (c), (d), (e), and (f) of this Code section shall apply to any suit which is pending on or filed after the effective date of this Code section without regard to when the alleged act, error, or omission took place. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 1 of this Act shall become effective July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CRIMES AND OFFENSES MISREPRESENTING ORIGIN OR OWNERSHIP OF TIMBER OR AGRICULTURAL COMMODITIES; PENALTIES. Code Section 16-9-61 Enacted. No. 913 (House Bill No. 907). AN ACT To amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, so as to provide for the crime

Page 944

of misrepresenting the origin or ownership of timber or agricultural commodities; to provide penalties; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and fraudulent practices, is amended by inserting a new Code section to be designated Code Section 16-9-61, to read as follows: 16-9-61. (a) A person commits the crime of misrepresenting the origin or ownership of timber or agricultural commodities when, in the course of a sale, attempted sale, delivery, or other completed or attempted transaction regarding timber or agricultural commodities, he or she knowingly, willfully, and with criminal intent to defraud makes a false statement or knowingly, willfully, and with criminal intent to defraud causes a false statement to be made with regard to any specific ownership of the timber or agricultural commodities or with regard to the location or ownership of the land where the timber was cut or the agricultural commodities were harvested. (b) Misrepresenting the origin of timber or agricultural commodities shall be punished, upon conviction, as for a misdemeanor; except that if the property which was the subject of the misrepresentation exceeded $500.00 in value, it shall be a felony offense punishable upon conviction by a sentence of imprisonment of not less than one year and not exceeding five years. SECTION 2. This Act shall apply to conduct occurring on or after July 1, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 945

FIRE PROTECTION AND SAFETY FIREWORKS; SALES RECORDS; STORAGE BY NONMANUFACTURERS; PERMITS FOR PUBLIC DISPLAYS; EMPLOYMENT OF MINORS AT MAGAZINES PROHIBITED; ANNUAL FEES FOR STORAGE BY NONMANUFACTURERS. Code Title 25, Chapter 10 Amended. No. 914 (House Bill No. 1014). AN ACT To amend Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, so as to prohibit storage of fireworks except as otherwise provided by law; to provide for storage of fireworks by certain licensed nonmanufacturers; to provide for disposition of certain excess fireworks; to prohibit employment of persons under age 18 in connection with fireworks storage or public displays; to provide for inspection of certain fireworks storage facilities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 25 of the Official Code of Georgia Annotated, relating to regulation of fireworks, is amended by striking in its entirety Code Section 25-10-2, relating to prohibitions against the sale, use, and possession of fireworks, and inserting in its place a new Code Section 25-10-2 to read as follows: 25-10-2. It shall be unlawful for any person, firm, corporation, association, or partnership to offer for sale at retail or wholesale, to use or explode or cause to be exploded, or to possess, manufacture, transport, or store any fireworks, except as otherwise provided in this chapter. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 25-10-3, relating to permitted sales and uses of fireworks, and inserting in its place a new Code Section 25-10-3 to read as follows: 25-10-3. Nothing in this chapter shall be construed to prohibit the following: (1) The wholesale or retail sale of fireworks for use in a public exhibition or public display and the transportation of fireworks for such use, provided that any person selling at wholesale or retail or transporting fireworks for such use must have a duplicate copy of the

Page 946

permit which has been issued by the judge of the probate court to a person, firm, corporation, association, or partnership which has been authorized to hold a public exhibition or display, and provided, further, that the seller maintains and makes available for inspection by the Safety Fire Commissioner or the designee thereof the record of any such fireworks sale for a period of 18 months from the date of sale; (2) Use by railroads or other transportation agencies of fireworks specifically designed and intended for signal purposes or illumination; (3) The sale or use of blank cartridges for a show or theater or for signal or ceremonial purposes in athletic or sports events or for use by military or police organizations; or (4) The manufacture of any fireworks not prohibited by Congress or any federal agency; the possession, transportation, and storage of any such fireworks by any manufacturer thereof; the storage of certain such fireworks by a nonmanufacturer in accordance with the provisions of Code Section 25-10-3.1; the possession, transportation, or distribution of any such fireworks to a distributor located outside this state; the sale of such fireworks by any such manufacturer to a distributor located outside this state; or the possession and transportation of such fireworks by any manufacturer or contractor or common carrier from the point of manufacture within this state to any point outside this state. SECTION 3. Said chapter is further amended by adding after Code Section 25-10-3 a new Code Section 25-10-3.1 to read as follows: 25-10-3.1. (a) Fireworks defined as Class B explosives or the equivalent thereof by regulations of the United States Department of Transportation set forth in Part 173 of Title 49 of the Code of Federal Regulations and which are to be used only for purposes of a public exhibition or display pursuant to Code Section 25-10-4 may be stored by a person, firm, or corporation, other than a manufacturer, pursuant to a magazine license issued by the Safety Fire Commissioner in accordance with the provisions of this Code section. Any application for such a license shall be made to the Safety Fire Commissioner in a form to be prescribed by the Commissioner. The application shall include a letter of acknowledgment and endorsement from the local authority having responsibility for fire suppression. (b) Any application for a magazine license made pursuant to subsection (a) of this Code section shall be accompanied by plans for the magazine proposed to be used for storage of Class B explosives or the equivalent thereof, in such detail and in such number of copies as required by the Safety Fire Commissioner. Construction of a magazine for storage of

Page 947

fireworks pursuant to this Code section shall not commence until the plans therefor have been approved by the state fire marshal and returned to the applicant. (c) No license shall be issued pursuant to this Code section unless: (1) The applicant currently holds a valid license or permit to receive explosive materials including Class B explosives or the equivalent thereof issued pursuant to regulations of the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury; (2) The applicant presents a copy of a valid permit for a public exhibition or display of fireworks issued pursuant to Code Section 25-10-4; (3) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds the requirements for magazines to be used for storing Class B explosives or the equivalent thereof as established by regulations and adopted codes and standards of the Safety Fire Commissioner; and (4) The state fire marshal or the designee thereof has determined upon inspection that the constructed magazine meets or exceeds any additional requirements applicable to magazines to be used for storage of Class B explosives or the equivalent thereof by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5. (d) Any license issued pursuant to this Code section shall be subject to the annual license fee and expiration date provisions of Code Section 25-10-5. The initial annual fee for a magazine license shall be submitted along with the application for such license. (e) Any fireworks stored under any magazine license issued pursuant to this Code section shall be stored in an approved magazine and in accordance with the regulations for storing Class B explosives or the equivalent thereof as established by regulations of the Safety Fire Commissioner and any additional requirements for storage of such explosives by nonmanufacturers as may be established by regulation promulgated pursuant to Code Section 25-10-5, for a period of time not to exceed 60 days before and 60 days after the permitted date of a public exhibition or display of fireworks pursuant to Code Section 25-10-4. (f) Any violation of the provisions of this Code section shall be grounds for revoking a magazine license. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 25-10-4, relating to permits for public displays of fireworks and disposition

Page 948

of excess fireworks, and inserting in its place a new Code Section 25-10-4 to read as follows: 25-10-4. (a) Any person, firm, corporation, association, or partnership desiring to conduct a public exhibition or display of fireworks shall first obtain a permit from the judge of the probate court of the county in which the exhibition or display is to be held. Application for a permit must be made in writing and filed with the judge not less than ten days prior to the date of the proposed exhibition or display of fireworks. Fireworks distributors located outside this state shall obtain display permit application forms and provide the same to applicants upon request. The judge may grant a permit for the display on the following conditions: (1) That the display be conducted by a competent operator approved by the judge; (2) That the display shall be of such character as in the opinion of the judge will not be hazardous to persons or property; and (3) That the application be accompanied by a bond in the principal sum of $10,000.00, payable to the county in which the display is being held and conditioned for the payment of damages which may be caused either to persons or to property by reason of the display or, alternatively, that the application be accompanied by evidence that the applicant carries proper liability insurance for bodily injury in the amount of not less than $25,000.00 for each person and $50,000.00 for each accident and for property damage in the amount of not less than $25,000.00 for each accident and $50,000.00 aggregate, with an insurance company duly licensed by the Commissioner of Insurance. (b) The permit provided for in subsection (a) of this Code section shall be limited to the time specified therein, such time not to exceed a two-week period. The permit shall not be transferable. In the event any fireworks bought and possessed under this Code section are not used by the licensee or in the event that there is a surplus or excess after the two-week period expires, it shall be the duty of the licensee to return such fireworks to a facility approved in accordance with Code Section 25-10-3.1 and the rules and regulations promulgated by the Safety Fire Commissioner. Fireworks stored in accordance with Code Section 25-10-3.1 and regulations shall not be deemed contraband and shall not be subject to seizure. (c) The judge of the probate court shall receive $10.00 for his or her services in granting or refusing the original permit and $1.00 for each copy issued, to be paid by the applicant. SECTION 5. Said chapter is further amended by adding after Code Section 25-10-4 a new Code Section 25-10-4.1 to read as follows:

Page 949

25-10-4.1. No person under the age of 18 shall be employed to work at any magazine, or at any facility containing a magazine, wherein fireworks are stored or to work in any public exhibition or display of fireworks. SECTION 6. Said chapter is further amended by striking in its entirety Code Section 25-10-5, relating to the license and fee for manufacture, storage, and transportation of fireworks, promulgation of regulations, and conduct of inspections, and inserting in its place a new Code Section 25-10-5 to read as follows: 25-10-5. The annual license fee for any person, firm, or corporation conducting business in this state under paragraph (4) of Code Section 25-10-3 or storing fireworks under Code Section 25-10-3.1 shall be $1,000.00 per year, payable to the Safety Fire Commissioner. The license shall expire on December 31 of each year. The Safety Fire Commissioner is authorized and directed to promulgate safety regulations relating to the manufacture, storage, and transportation of fireworks within this state in order to ensure the adequate protection of the employees of any such person, firm, or corporation and of the general public. The Safety Fire Commissioner is further authorized and directed to conduct periodic inspections of the facilities of any person, firm, or corporation manufacturing, storing, and transporting fireworks as provided in paragraph (4) of Code Section 25-10-3 or as provided in Code Section 25-10-3.1 in order to ensure compliance with fire safety rules and regulations. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MENTAL HEALTH PATIENT COST OF CARE ACT AMENDED; BILLING REQUIREMENTS; DATES OF SERVICE. Code Section 37-9-11 Amended. No. 915 (House Bill No. 1149). AN ACT To amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, The Patient Cost of Care Act, so as to provide for certain billing requirements; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 950

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 37 of the Official Code of Georgia Annotated, The Patient Cost of Care Act, is amended by striking Code Section 37-9-11, relating to billing, and inserting in its place the following: 37-9-11. The department shall bill persons liable for cost of care for the amount due on their assessments in the same manner as other debts and accounts. No bill shall be payable unless it contains the dates of service for which the costs billed therein were incurred. The department is authorized to maintain in the name of the department and the State of Georgia any action at law or equity in any court of this state or any other state which may be necessary to collect such sums. SECTION 2. Section 1 of this Act shall only become effective when funds are specifically appropriated for purposes of this Act in an Appropriations Act making specific reference to this Act. The remainder of this Act shall become effective upon approval of this Act 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 15, 1996. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION MOTOR COMMON AND CONTRACT CARRIERS; COMPREHENSIVE REVISION OF LAWS REGULATING CARRIERS; RELATED PROVISIONS. Code Section 45-9-81 Amended. Code Title 46 Amended. Code Section 47-17-1 Amended. No. 916 (House Bill No. 1152). AN ACT To amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the 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 amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, so as to change the definition of certain terms; to define additional terms; to

Page 951

provide considerations determining granting of a certificate of public convenience and necessity generally with respect to motor carriers of passengers or household goods; to authorize the commission to regulate motor common or contract carriers of persons or property unless expressly prohibited by federal law; to provide for certificate of public convenience and necessity requirements for motor common or contract carriers of passengers or household goods; to change the provisions relating to the authority of the Public Service Commission to revoke, suspend, or change certificates of public convenience and necessity; to provide for the issuance of a certificate to operate a motor common or contract carrier of passengers or household goods without a hearing under certain conditions; to change the provisions relating to the rules as to manner and form of application for certificate; to provide a fee with respect to an application for a motor carrier of property permit; to change the provisions relating to hearing on application for certificate of public convenience and necessity; to change the provisions relating to requirement of applicants to obtain security bonds, indemnity insurance, or self-insurance before being issued a certificate or permit to operate as a motor common or contract carrier; to change the provisions relating to temporary emergency authority to operate as a motor common or contract carrier with respect to the provision of passenger or household goods services; to change the provisions relating to discontinuance of service by a motor carrier; to change the provisions relating to motor carriers subject to registration and licensing; to require motor carriers of property to obtain motor carrier of property permits from the Public Service Commission; to provide for applications for permits and eligibility therefor; to provide for the suspension, revocation, alteration, or amendment of permits under certain conditions; to authorize the Public Service Commission to establish a collective rate-making procedure for all motor carriers of property who elect to participate; to change the provisions relating to registration and insurance for motor common carriers and motor contract carriers engaged solely in interstate commerce; to change the provisions relating to designation and maintenance of agents for service on nonresident motor common or contract carriers; to change the provisions relating to the authority of the Public Service Commission to prescribe reasonable rates, fares, and charges for motor common and contract carriers; to change the provisions relating to discrimination in rates, fares, and charges of motor common or contract carriers of passengers or household goods; to change the provisions relating to rules as to carriage of baggage by motor common or contract carriers of passengers; to repeal certain provisions relating to the carrying of mail, parcels, and packages by motor carriers; to change the provisions relating to the power of the commission to prescribe and examine books and records of carriers; to change the provisions relating to requirement of motor carriers to observe size, weight, and speed laws; to repeal certain provisions relating to railroad companies as motor common carriers; to change the provisions relating to the authority of the Public Service Commission to promulgate rules for safety for motor carriers; to

Page 952

change the provisions relating to the authority of the Public Service Commission to employ and compensate enforcement personnel; to change the provisions relating to the authority of the commission to bring certain civil actions; to change the provisions relating to the absence of a vested right or perpetual franchise in use of public highways; to change the provisions relating to the effect of certificates issued under prior law; to provide for the effect of permits issued under prior law; to provide that certain persons who did not apply for a motor carrier of property permit pursuant to the commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia until a carrier of property permit has been obtained; to change the provisions relating to the applicability of certain laws pertaining to motor common or contract carriers engaged in both interstate and intrastate commerce; to provide that the commission shall be authorized to promulgate rules designed to promote safety of private carriers; to provide that this Act shall not apply to certain private carriers; to provide an exception from certificate and registration permit requirements; to prohibit motor common or contract carriers of passengers or household goods from accepting rebates or drawbacks or from issuing free transportation passes except as authorized by law or by the commission; to change the provisions relating to penalties; to repeal certain provisions relating to motor contract carriers; to change the provisions relating to limitation of actions against motor carriers for recovery of overcharges; to provide procedures for the collection of charges by shippers; to change the provisions relating to adjustment and payment by certain motor carriers of claims for loss of property or overcharge for freight; to repeal certain provisions relating to the transportation of livestock and domestic animals by motor common carriers; to provide for other matters relative to the foregoing; to amend Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, so as to change the definition of the term peace officer; 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 45-9-81 of the Official Code of Georgia Annotated, relating to definitions applicable to the indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (6) 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

Page 953

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 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 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. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by striking in its entirety Code Section 46-1-1, relating to definitions applicable to said title, and inserting in lieu thereof a new Code Section 46-1-1 to read as follows: 46-1-1. As used in this title, the term: (1) `Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) `Certificate' means a certificate of public convenience and necessity issued by the Public Service Commission pursuant to this title. (3) `Commission' means the Public Service Commission. (4) `Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) `Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (6) `For hire' means an activity wherein for compensation a motor vehicle and driver are furnished to a person by another person, acting directly or knowingly and willfully acting with another to provide the combined service of the vehicle and driver, and includes every person acting in concert with, under the control of, or under common

Page 954

control with a motor carrier who shall offer to furnish transportation for compensation. (7) `Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling; furniture, fixtures, equipment, and property of offices, stores, museums, institutions, hospitals, or other establishments when a part of the stock, equipment, or supplies of such stores, museums, institutions, hospitals, or other establishments; articles including objects of art, displays, exhibits, which, because of their unusual nature or value, require specialized handling and equipment usually employed in moving household goods. (8) `Motor carrier of property' means a motor common or contract carrier engaged in transporting property, except household goods, in intrastate commerce in this state. (9) `Motor contract carrier and motor common carrier' means as follows: (A) `Motor contract carrier' means every person, except common carriers, owning, controlling, operating, or managing any motor propelled vehicle including the lessees or trustees of such persons or receivers appointed by any court used in the business of transporting persons or property for hire over any public highway in this state and not operated exclusively within the corporate limits of any city. (B) `Motor common carrier' means every person owning, controlling, operating, or managing any motor propelled vehicle, and the lessees, receivers, or trustees of such person, used in the business of transporting for hire of persons or property, or both, otherwise than over permanent rail tracks, on the public highways of Georgia as a common carrier. (C) Except as otherwise provided in this subparagraph, the terms `motor common carrier' and `motor contract carrier' shall not include: (i) Motor vehicles engaged solely in transporting school children and teachers to and from public schools and private schools; (ii) Taxicabs, drays, trucks, buses, and other motor vehicles which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities. This exception shall apply to taxicabs and buses even though such vehicles may, in the prosecution of their regular business, occasionally go beyond the corporate limits of such municipalities, provided that they do not operate to or from fixed termini outside of such limits and to any dray or truck which

Page 955

operates within the corporate limits of a city and is subject to regulation by the governing authority of such city or by the commission and which goes beyond the corporate limits only for the purpose of hauling chattels which have been seized under any court process; (iii) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (iv) Motor vehicles operated not for profit with a capacity of 15 persons or less when they are used exclusively to transport elderly and disabled passengers or employees under a corporate sponsored van pool program, except that a vehicle owned by the driver may be operated for profit when such driver is traveling to and from his or her place of work provided each such vehicle carrying more than nine passengers maintains liability insurance in an amount of not less than $100,000.00 per person and $300,000.00 per accident and $50,000.00 property damage. For the purposes of this division, elderly and disabled passengers are defined as individuals over the age of 60 years or who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable to utilize mass transportation facilities as effectively as persons who are not so affected; (v) Granite trucks, where transportation from quarry to finishing plant involves not crossing more than two counties; (vi) RFD carriers and star-route carriers which carry no more than nine passengers along with carriage of the United States mail, provided that such carriers shall not carry passengers on a route along which another motor carrier of passengers has a permit or a certificate to operate; (vii) Motor trucks of railway companies which perform a pick-up and delivery service in connection with their freight train service, between their freight terminals and points not more than ten miles distant, when either the freight terminal or such points, or both, are outside the limits of an incorporated city; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Single source leasing whereby a leasing company whose primary business is leasing vehicles and who operates a fleet of ten or more vehicles provides vehicle equipment and drivers in a single transaction to a private carrier. Such arrangement is presumed to result in private carriage by the shipper if the

Page 956

requirements enumerated below are met and subject only to the commission's transportation safety rules: (I) The lease must be reduced to writing and a copy maintained on the leased vehicle at all times during the term of the lease; (II) The period for which the lease applies must be no less than 30 days; (III) The lease agreement must provide, and the surrounding facts must reflect, that the leased equipment is exclusively committed to the lessee's use for the term of the lease; (IV) The lease agreement must provide, and the surrounding facts must reflect, that during the term of the lease the lessee accepts, possesses, and exercises exclusive dominion and control over the leased equipment and assumes complete responsibility for the operation of the equipment; (V) The lessee must maintain public liability insurance and accept responsibility to the public for any injury caused in the course of performing the transportation service conducted by the lessee with the equipment during the term of the lease; (VI) The lessee shall display appropriate identification on all equipment leased by it showing operating by the lessee during the performance of the transportation; (VII) The lessee must accept responsibility for, and bear the cost of, compliance with safety regulations during performance by the lessee of any such transportation services; and (VIII) The lessee must bear the risk of damage to the cargo, subject to any right of action the lessee may have against the lessor for the latter's negligence; (x) Motor vehicles engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill, whether such motor vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer. For the purposes of this division, the term `producer' includes a landlord where the relations of landlord and tenant or landlord and cropper are involved. As used in this division, the term `agricultural products' includes fruit, livestock, meats, fertilizer, wood, lumber, cotton, and naval stores; household goods and supplies transported to farms for farm purposes; or other usual farm and dairy supplies, including products of grove or orchard; poultry and eggs; fish and oysters; and timber or logs being hauled by the owner thereof or the owner's agents or employees between forest and mill or

Page 957

primary place of manufacture; provided, however, motor vehicles with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject to the Georgia Forest Products Trucking Rules which shall be adopted and promulgated by the commission only for application to such vehicles and vehicles defined in subparagraph (A) of paragraph (13) of this Code section; provided, further, that pulpwood trailers and pole trailers with a manufacturer's gross weight rated capacity of 10,001 pounds or more engaged solely in the transportation of unmanufactured forest products shall have two amber side marker reflectors on each side of the trailer chassis between the rear of the tractor cab and the rearmost support for the load. All such reflectors shall be not less than four inches in diameter. Such rules and any amendments thereto adopted by the commission shall be subject to legislative review in accordance with the provisions of Code Section 46-2-30, and, for the purposes of such rules and any amendments thereto, the Senate Committee on Natural Resources and the House Committee on Natural Resources and Environment shall be the appropriate committees within the meaning of said Code Section 46-2-30. The first such rules adopted by the commission shall be effective July 1, 1991; (xi) Motor vehicles engaged in the transportation of unmanufactured agricultural products, dairy products, poultry and processed poultry, nursery stock, sod grass, potting soil, pine bark nuggets, dry fertilizer, flue-cured tobacco, soybean meal, pine bark, wood chips, shavings, sawdust, or feedstuff for livestock and poultry, including feedstuff ingredients, provided that such vehicles do not haul or transport other commodities on the same vehicle at the same time not exempt by law from the regulations of the commission; motor vehicles commonly known as tow trucks or wreckers, designed and exclusively used in the business of towing abandoned, disabled, and wrecked vehicles and replacement vehicles therefor or otherwise rendering assistance to abandoned, disabled, and wrecked vehicles; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules; (xii) Motor vehicles engaged in compensated intercorporate hauling whereby transportation of property is provided by a person who is a member of a corporate family for other members of such corporate family, provided: (I) The parent corporation notifies the commission of its intent or the intent of one of the subsidiaries to provide the transportation;

Page 958

(II) The notice contains a list of participating subsidiaries and an affidavit that the parent corporation owns directly or indirectly a 100 percent interest in each of the subsidiaries; (III) A copy of the notice is carried in the cab of all vehicles conducting the transportation; and (IV) The transportation entity of the corporate family registers the compensated intercorporate hauling operation with the commission, registers and identifies any of its vehicles, and becomes subject to the commission's liability insurance and motor carrier and hazardous materials transportation rules. For the purpose of this division, the term `corporate family' means a group of corporations consisting of a parent corporation and all subsidiaries in which the parent corporation owns directly or indirectly a 100 percent interest; (xiii) Vehicles, except limousines, transporting not more than ten persons for hire, except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle safety rules; (xiv) Any dump truck or transit mixer vehicle used exclusively in the transportation of sand, gravel, crushed stone, fill dirt, borrow pit materials, plant mix road materials, plant mix concrete, or road base materials; except that any operator of such a vehicle is required to register the exempt operation with the commission, register and identify any of its vehicles, and become subject to the commission's liability insurance and vehicle and hazardous materials safety rules; or (xv) Ambulances. (10) `Passenger' means a person who travels in a public conveyance by virtue of a contract, either express or implied, with the carrier as to the payment of the fare or that which is accepted as an equivalent therefor. The prepayment of fare is not necessary to establish the relationship of passenger and carrier; although a carrier may demand prepayment of fare if persons enter his or her vehicle by his or her permission with the intention of being carried; in the absence of such a demand, an obligation to pay fare is implied on the part of the passenger, and the reciprocal obligation of carriage of the carrier arises upon the entry of the passenger. (11) `Permit' means a registration permit issued by the Public Service Commission authorizing interstate transportation for hire exempt from the jurisdiction of the Interstate Commerce Commission or intrastate transportation for hire exempt from the jurisdiction of the

Page 959

Public Service Commission or intrastate transportation by a motor carrier of property. (12) `Person' means any individual, partnership, trust, private or public corporation, municipality, county, political subdivision, public authority, cooperative, association, or public or private organization of any character. (13) `Private carrier' means every person except motor common carriers or motor contract carriers owning, controlling, operating, or managing any motor propelled vehicle, and the lessees or trustees thereof or receivers appointed by any court whatsoever, used in the business of transporting persons or property in private transportation not for hire over any public highway in this state. The term `private carrier' shall not include: (A) Motor vehicles not for hire engaged solely in the harvesting or transportation of forest products; provided, however, that motor vehicles not for hire with a manufacturer's gross weight rated capacity of 44,000 pounds or more engaged solely in the transportation of unmanufactured forest products shall be subject only to the Georgia Forest Products Trucking Rules provided for in division (9)(C)(x) of this Code section; (B) Motor vehicles not for hire engaged solely in the transportation of road-building materials; (C) Motor vehicles not for hire engaged solely in the transportation of unmanufactured agricultural or dairy products between farm, market, gin, warehouse, or mill whether such vehicle is owned by the owner or producer of such agricultural or dairy products or not, so long as the title remains in the producer; or (D) Except for the motor vehicles excluded under subparagraph (C) of this paragraph, motor vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or less; provided, however, that motor vehicles which have a manufacturer's gross vehicle weight rating of 10,000 pounds or less and which are transporting hazardous materials, as the term `hazardous materials' is defined in Title 49 C.F.R., Parts 107, 171-173, and 177-178, shall be included within the meaning of the term `private carrier.' (14) `Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15) `Railroad corporation' or `railroad company' means all corporations, companies, or individuals owning or operating any railroad in this state. This title shall apply to all persons, firms, and companies, and to all associations of persons, whether incorporated or otherwise, that engage in business as common carriers upon any of the lines of

Page 960

railroad in this state, as well as to railroad corporations and railroad companies as defined in this Code section. (16) `Rate,' when used in this title with respect to an electric utility, means any rate, charge, classification, or service of an electric utility or any rule or regulation relating thereto. (17) `Utility' means any person who is subject in any way to the lawful jurisdiction of the commission. (18) `Vehicle' or `motor vehicle' means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property, or any combination thereof, determined by the Public Service Commission. SECTION 3. Said title is further amended by striking in its entirety Article 1 of Chapter 7, relating to motor common carriers, and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 46-7-1. Reserved. 46-7-2. Unless expressly prohibited by federal law, the commission is vested with power to regulate the business of any person engaged in the transportation as a common or contract carrier of persons or property, either or both, for hire by motor vehicle on any public highway of this state. 46-7-3. No motor common or contract carrier of passengers or household goods shall, except as otherwise provided in this article, operate without first obtaining from the commission a certificate of public convenience and necessity, pursuant to findings to the effect that the public interest requires such operation. 46-7-4. The commission may issue the certificate applied for or issue it for the partial exercise of the privilege sought, and may attach to the exercise of the rights granted by such certificate such terms and conditions as, in its judgment, the public interest may require. 46-7-5. (a) The commission may, at any time after notice and opportunity to be heard and for reasonable cause, suspend, revoke, alter, or amend any

Page 961

certificate issued under this article, under the `Motor Carrier Act of 1929,' under the `Motor Carrier Act of 1931,' or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission or any of the provisions of this article or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commission the holder of the certificate is not furnishing adequate service, or if the continuance of said certificate in its original form is incompatible with the public interest. (b) If and when the commission shall undertake to revoke or modify any certificate on account of the public interest on the ground that the traffic conditions are such as not to justify the number of motor carriers which have been granted certificates over the route or routes in question, the preference shall be given to certificates in order of the time of their issuance, so that those which have been issued later in time shall, other things being equal, be canceled rather than those issued earlier in time. 46-7-6. Any certificate issued pursuant to this article may be transferred or hypothecated upon application to and approval by the commission, and not otherwise. 46-7-7. (a) The commission shall issue a certificate of public convenience and necessity to a person authorizing transportation as a motor common or contract carrier of passengers or household goods subject to the jurisdiction of the commission if it finds that: (1) The person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the commission. Fitness encompasses three factors: (A) The applicant's financial ability to perform the service it seeks to provide; (B) The applicant's capability and willingness to perform properly and safely the proposed service; and (C) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the commission; and (2) Based on evidence presented by the applicant supporting the issuance of the certificate, that the service proposed will serve a useful public purpose and be responsive to a public demand or need. (b) The initial burden of making out a prima-facie case that an applicant's service is needed and that the applicant is fit to provide such service rests with the applicant.

Page 962

(c) Upon an applicant making out a prima-facie case as to the need for the service and the carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought would not be consistent with the public convenience and necessity. (d) The commission shall not consider diversion of revenue or traffic from an existing motor carrier to be grounds for denial of an application. (e) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting carrier: (1) Possesses authority from the commission to handle, in whole or in part, the commodity for which authority is applied and is willing and able to provide service that meets the reasonable needs of the shippers involved and has performed service within the scope of the application during the previous 12 month period or has actively in good faith solicited service within the scope of application during such period; or (2) Has pending before the commission an application previously filed with the commission for substantially the same authority; or (3) Is granted by the commission leave to intervene upon a showing of other interests which in the discretion of the commission would warrant such a grant. (f) The commission may issue a certificate of public convenience and necessity without a hearing if the application is unprotested or unopposed. 46-7-8. The commission shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this article. Such rules shall require that the application be in writing, under oath, and that the application: (1) Contain full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant; (2) State the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; (3) Set forth all existing transportation in the territory proposed to be served, and wherein the public needs additional service, and why; and (4) Contain any such other or additional information as the commission may order or require.

Page 963

46-7-9. The commission shall collect the following fees pursuant to this article: (1) A fee of $75.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles; (2) A fee of $150.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles; (3) A fee of $200.00 to accompany each application for a certificate of public convenience and necessity, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles; (4) A fee of $75.00 to accompany each application for transfer of a certificate; (5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 46-7-13; and (6) A fee of $50.00 to accompany each application for a motor carrier of property permit. 46-7-10. The commission, upon the filing of a petition for a certificate of public convenience and necessity, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with the commission or if the protest is subsequently withdrawn, the commission may issue the certificate without a hearing. 46-7-11. When a petition for a certificate of public convenience and necessity under this article has been in whole or in part denied by the commission, or has been granted by the commission, and the order of the commission granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the commission within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order. 46-7-12. (a) No certificate or permit shall be issued or continued in operation unless the applicant or holder shall give and maintain bond, with adequate security, for the protection, in case of passenger vehicles, of the

Page 964

passengers and baggage carried and of the public against injury proximately caused by the negligence of such motor common or contract carrier, its servants, or its agents. In cases of vehicles transporting freight, the applicant or holder shall give bond, with adequate security, to secure the owner or person entitled to recover therefor against loss or damage to such freight for which the motor common or contract carrier may be legally liable and for the protection of the public against injuries proximately caused by the negligence of such motor carrier, its servants, or its agents. (b) The commission shall approve, determine, and fix the amount of such bonds and shall prescribe the provisions and limitations thereof; and such bonds shall be for the benefit of and subject to action thereon by any person who shall sustain actionable injury or loss protected thereby. (c) The commission may, in its discretion, allow the holder of such certificate or permit to file, in lieu of such bond, a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy must substantially conform to all of the provisions of this article relating to bonds. Such policy must also be approved by the commission. (d) The commission shall have power to permit self-insurance, in lieu of a bond or policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants. (e) It shall be permissible under this article for any person having a cause of action arising under this article in tort or contract to join in the same action the motor carrier and its surety, in the event a bond is given. If a policy of indemnity insurance is given in lieu of bond, it shall be permissible to join the motor carrier and the insurance carrier in the same action, whether arising in tort or contract. 46-7-13. Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor common or contract carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the commission, under the authority of this Code section, may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the commission's findings supporting its determination under the authority of this Code section that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commission finds necessary with respect to such

Page 965

authority. Unless otherwise provided in this Code section, such emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the commission shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor common or contract carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period. 46-7-14. A motor common or contract carrier of passengers may discontinue its entire service on any route upon 30 days' published notice to be prescribed by the commission, and thereupon its certificate therefor shall be canceled. A motor common or contract carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the commission to withdraw its certificate for such route if, in the opinion of the commission, such diminished service is not adequate or is no longer compatible with the public interest. 46-7-15. (a) Except as otherwise provided in this Code section, before any motor common or contract carrier engaged in exempt passenger intrastate commerce as provided for in subparagraph (C) of paragraph (9) of Code Section 46-1-1 shall operate any motor vehicle on or over any public highway of this state, it shall first secure a registration permit from the commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. The application shall show the operations claimed to be exempt. A carrier's registration permit shall be valid so long as there is no change in its operating authority but may be amended to reflect any changes by application to the commission on a form provided by the commission and payment of a $5.00 filing fee. (b) Every motor common or contract carrier operating pursuant to a certificate or permit shall annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps, make application for the registration of all motor

Page 966

vehicles to be operated under such certificate or permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. (c) Motor carriers operating pursuant to a certificate or permit as provided for in this article may, in lieu of other vehicle registration provisions contained in this Code section, register vehicles operated as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered. Upon such registration, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Whenever any motor vehicle is operated on or over any public highway of this state without the motor common or contract carrier operating such vehicle first having obtained the annual registration and license or temporary vehicle registration permit provided for in this Code section, the motor common or contract carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration of such vehicle. (e) No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature on a motor common or contract carrier, or on the equipment of a motor common or contract carrier, or on the right of a motor common or contract carrier to operate such equipment, or on any incidents of the business of a motor common or contract carrier. 46-7-15.1. (a) Before any motor carrier of property shall operate any motor vehicle on or over any public highway of this state, it shall first secure a motor carrier of property permit from the commission by making application therefor on forms supplied by the commission and paying the required filing fee. The application shall be in writing and under oath and shall include such information as the commission may require including, but not limited to; (1) Whether hazardous commodities will be transported; (2) The number and type of vehicles to be utilized; (3) The carrier's safety record and safety rating; and (4) Proof of compliance with applicable insurance or self-insurance requirements. (b) The commission shall issue the motor carrier of property permit if the application is complete and the applicant demonstrates compliance

Page 967

with the laws of this state and the rules and regulations of the commission regarding insurance and safety, including the handling of hazardous materials. The commission may refuse to issue a permit where the applicant has failed to show compliance with the applicable laws of this state and the rules and regulations of the commission. In any such instance where a permit is denied, the applicant shall, upon request made within 30 days of the date of denial, be entitled to a hearing to contest such denial of a permit. (c) The commission may, at any time after notice and a hearing, suspend, revoke, alter, or amend any permit issued under this title if it shall appear that the holder of the permit has violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission, any provisions of this title, or any other law of this state regulating or providing for the taxation of motor vehicles. (d) In order to provide for the publication and maintenance of just and reasonable joint-line rates, routes, classifications, and mileage guides, the commission may establish a collective rate-making procedure for all motor carriers of property who elect to participate. 46-7-16. (a) Before any motor carrier engaged solely in interstate commerce under authority issued by the Interstate Commerce Commission or any successor agency shall operate any motor vehicle on or over any public highway of this state, it shall obtain from the commission or the carrier's designated base state a registration receipt issued pursuant to rules adopted by the Interstate Commerce Commission or any successor agency as determined by federal law. (b) Before any motor carrier engaged solely in interstate operations exempt from regulation by the Interstate Commerce Commission shall operate any motor vehicle on or over any public highway of this state, it shall first: (1) Secure a registration permit from the Georgia Public Service Commission by making application therefor on forms supplied by the commission and paying a $25.00 filing fee. A carrier's registration shall be valid so long as there is no change in its operating authority with regard to its operations in this state, but the registration may be amended to reflect such changes by application to the commission on forms supplied by the commission and payment of a $5.00 filing fee; (2) Annually on or before the thirty-first day of December of each calendar year, but not earlier than the preceding first day of October or, as to a vehicle put into use during the course of the year, before the vehicle is put into use, make application to the commission for the issuance of an annual identification and registration stamp or stamps,

Page 968

make application for the registration of all motor vehicles to be operated under such permit, in such manner and form as the commission may by rule or regulation prescribe, and shall pay to the commission a fee of $5.00 for the registration of each vehicle and issuance of identification and registration stamp to operate same. Each annual identification and registration stamp shall be valid for a period of 16 months extending from the first day of October of any year through the thirty-first day of January of the next succeeding year. Notwithstanding any other provision of this Code section, the Georgia Public Service Commission is authorized to impose a vehicle identification and registration fee equal to the identification and registration fee charged by any other state, up to a maximum of $25.00, upon vehicles licensed in that state if such state charges equipment licensed in Georgia a vehicle identification and registration fee in excess of $5.00; and (3) Give the bond or indemnity insurance prescribed by this article, omitting the protection in respect to their own passengers and cargoes. (c) Motor carriers operating pursuant to a registration permit as provided for in this Code section may, in lieu of all other registration and identification requirements contained in subsection (b) of this Code section, register vehicles operated in Georgia as an emergency, temporary, or trip-lease vehicle for a period not exceeding 15 days by payment to the commission of a fee of $8.00 for each vehicle so registered; and upon such payment, the commission shall issue an emergency, temporary, or trip-lease vehicle registration permit. (d) Where a carrier has not previously qualified with the commission to operate in interstate exempt or intrastate commerce in Georgia pursuant to this Code section and thus has not secured a registration permit pursuant to this Code section, the emergency, temporary, or trip-lease vehicle registration permit provided for in subsection (c) of this Code section will also include the authority to operate in Georgia during the 15 day or less period covered by the emergency, temporary, or trip-lease vehicle registration permit, provided that the carrier has otherwise qualified its operations with the commission as provided for in this Code section; provided, however, that whenever any motor vehicle is operated on or over any public highway of this state without the motor carrier operating such vehicle first having obtained the annual registration and identification stamp or license or the emergency, temporary, or trip-lease vehicle registration permit provided for in this Code section, the motor carrier operating such vehicle shall be required to pay a fee of $25.00 for the late registration and identification of such vehicle. (e) Nothing in this Code section shall limit the authority of the Georgia Public Service Commission to negotiate reciprocal agreements relating to vehicle identification and registration fees in excess of those provided

Page 969

for under Title 49 USC, Section 302(b)(2), as provided in Code Section 46-7-91. (f) It shall not be necessary for any motor carrier to obtain a certificate of public convenience from the Georgia Public Service Commission when such carrier is engaged solely in interstate commerce over the public highways of this state. 46-7-17. (a) Each nonresident motor common or contract carrier shall, before any certificate or permit is issued to it under this article or at the time of registering as required by Code Section 46-7-16, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the commission. Upon failure of any nonresident motor carrier to file such designation with the commission or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution of Georgia requires otherwise, any action against any resident or nonresident motor common or contract carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commission, may be brought in the county where the cause of action or some part thereof arose; and if the motor common or contract carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor common or contract carrier or its agent. The venue prescribed by this Code section shall be cumulative of any other venue provided by law.

Page 970

46-7-18. The commission shall prescribe just and reasonable rates, fares, and charges for transportation by motor common and contract carriers of passengers and household goods and for all services rendered by motor common and contract carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the commission may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the commission may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the commission shall establish a collective rate-making procedure for all carriers of passengers and household goods. Failure on the part of any motor common or contract carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the commission. 46-7-19. No motor common or contract carrier of passengers or household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of passengers and property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the commission; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commission may prescribe, by general order, to what persons motor common and contract carriers of passengers or household goods may issue passes or free transportation; may prescribe, upon the same terms and conditions as apply to railroad carriers, reduced rates for special occasions; and may fix and prescribe rates and schedules. 46-7-20. Motor common or contract carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the commission; and the commission may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers (other than hand baggage), the commission shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor. 46-7-21. Reserved.

Page 971

46-7-22. Reserved. 46-7-23. The commission shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this article, which books and accounts shall be preserved for such reasonable time as may be prescribed by the commission. The books and records of every certificate holder shall be at all times open to the inspection of the commission or any agent appointed by the commission for such purpose. The commission shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to operate under this article and to examine under oath the officers and agents of any motor carrier with respect thereto. 46-7-24. Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the commission the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed. 46-7-25. Reserved. 46-7-26. The commission shall have the authority to promulgate rules and regulations for the safe operation of motor vehicles and drivers and the safe transportation of hazardous materials. Any such rules and regulations promulgated or deemed necessary by the commission shall include the following: (1) Every motor vehicle and all parts thereof shall be maintained in a safe condition at all times; and the lights, brakes, and equipment shall meet such safety requirements as the commission shall from time to time promulgate; (2) Every driver employed to operate a motor vehicle for a motor common or contract carrier shall be at least 18 years of age, of temperate habits and good moral character, possess a valid driver's license, not use or possess prohibited drugs or alcohol while on duty,

Page 972

and shall be fully competent to operate the motor vehicle under his or her charge; (3) Accidents arising from or in connection with the operation of motor common or contract carriers shall be reported to the commission in such detail and in such manner as the commission may require; and (4) The commission shall require every motor common and contract carrier to have attached to each unit or vehicle such distinctive markings or tags as shall be adopted by the commission. 46-7-27. The commission is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Such rules and orders so approved by the commission shall have the same dignity and standing as if such rules and orders were specifically provided in this article. 46-7-28. (a) The commission is authorized to employ such persons as may be necessary, in the discretion of the commission, for the proper enforcement of this article, the salaries for such employees to be fixed by the commission. The traveling expenses of the commission and its employees incurred in the implementation of this article shall be paid out of the funds derived under this article. (b) The commission is vested with police powers and authority to designate, deputize, and delegate to employees of the commission the necessary authority to enforce this article, including the power to stop and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with the provisions of this article and all other laws regulating the use of the public highways by motor vehicle common and contract carriers, and to arrest all persons found in violation thereof. In addition and incidental to the powers of enforcement personnel to inspect motor vehicles and to determine whether such vehicles are complying with laws relating to the use of the public highways by motor carriers, such enforcement personnel shall have the responsibility and power to arrest any person who is committing an unlawful act in violation of Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' or Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act.' 46-7-29. In any case pending before the commission pursuant to this article, the commission shall be authorized to delegate any of its authority under this article to designated employees of the commission; and decisions of such employees shall have the same effect as decisions of the commission; provided, however, that any party to a proceeding who is aggrieved

Page 973

by a final decision of an employee of the commission shall have the right of appeal from such decision. Any such appeal shall be considered by the commission. Any party who has on or after July 1, 1984, and prior to July 1, 1985, appealed a final decision of an employee of the commission and had such appeal determined other than by the commission itself may further appeal such decision to the commission itself, if a written request for such further appeal is filed not later than July 31, 1985. The appeal shall in all other cases be filed no later than the tenth day after the decision of the employee, and the commission shall set the date for the hearing of the appeal. 46-7-30. The commission is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief. 46-7-31. Any motor carrier which operates on the public highways of this state without the required certificate of public convenience and necessity or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this article, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the commission, by a competing motor carrier or rail carrier, or by any individual. 46-7-32. Nothing in this article or any other law shall be construed to vest in the owner, holder, or assignee of any certificate of public convenience and necessity or permit issued under this article any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways. 46-7-33. In all respects in which the commission has power and authority under this article, proceedings may be instituted, complaints made and filed with it, process issued, hearings held, and opinions, orders, and decisions made and filed. Any final order of the commission may be reviewed by any court of competent jurisdiction under the conditions and subject to the limitations prescribed by law which relate to the commission. 46-7-34. (a) All certificates of public convenience and necessity to operate as a motor common or contract carrier of passengers or household goods issued prior to January 1, 1995, shall continue in full force and effect until revoked by the commission or surrendered by the holders thereof.

Page 974

(b) All certificates of public convenience and necessity authorizing transportation of property and all registration permits for intrastate exempt commodity transportation that were in effect on December 31, 1994, shall be deemed null and void as of midnight December 31, 1994, and revoked by operation of law effective January 1, 1995. All persons holding certificates of public convenience and necessity authorizing transportation of property and all persons holding registration permits for intrastate exempt commodity transportation issued prior to January 1, 1995, who received a motor carrier of property permit from the commission pursuant to its emergency rules shall be deemed to hold a motor carrier of property permit issued under Code Section 46-7-15.1. (c) Any person holding a certificate of public convenience and necessity authorizing transportation of property issued prior to January 1, 1995, and any person holding a registration permit for intrastate exempt commodity transportation issued prior to January 1, 1995, who did not apply for a motor carrier of property permit pursuant to the commission's rules on or before July 15, 1995, shall be deemed to have surrendered all rights to operate as a motor carrier for hire in Georgia and may not operate any motor carrier on or over any public highway of this state without first securing a motor carrier of property permit from the commission, upon application and payment of the required application fee. 46-7-35. Reserved. 46-7-36. In circumstances where a motor common or contract carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this article so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the Georgia Public Service Commission shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this article as to such commerce. Code Sections 46-7-14 and 46-7-18 through 46-7-20 and 46-7-23 do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor common or contract carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this article so far as they separately relate to commerce carried on in this state. 46-7-37. (a) Except as otherwise provided in subsection (b) of this Code section, this article shall not apply to private carriers engaged exclusively in the transportation of goods belonging to the individual, firm, partnership, corporation, or association owning, controlling, operating, or managing

Page 975

the motor vehicle in private transportation over any public highway in this state. (b) The commission shall have the authority to promulgate rules designed to promote safety of private carriers. Every motor vehicle of a private carrier and all parts thereof shall be maintained in a safe condition at all times; and the carrier's equipment shall meet such safety requirements as the commission shall from time to time promulgate. (c) Private carriers are not required to hold certificates of public convenience and necessity or registration permits issued by the commission. 46-7-38. (a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the commission for motor common or contract carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the commission, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the commission under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state. (c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception. 46-7-39. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers, or any order, rule, or regulation of the commission, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. SECTION 4. Said title is further amended by striking and repealing in its entirety Article 2 of Chapter 7, known as the Motor Carrier Act of 1931, and inserting in lieu thereof the following:

Page 976

ARTICLE 2 46-7-50. Reserved. 46-7-51. Reserved. 46-7-52. Reserved. 46-7-53. Reserved. 46-7-54. Reserved. 46-7-55. Reserved. 46-7-56. Reserved. 46-7-57. Reserved. 46-7-58. Reserved. 46-7-59. Reserved. 46-7-60. Reserved. 46-7-61. Reserved. 46-7-62. Reserved. 46-7-63. Reserved.

Page 977

46-7-64. Reserved. 46-7-65. Reserved. 46-7-66. Reserved. 46-7-67. Reserved. 46-7-68. Reserved. 46-7-68.1. Reserved. 46-7-69. Reserved. 46-7-69.1. Reserved. 46-7-70. Reserved. 46-7-71. Reserved. 46-7-72. Reserved. 46-7-73. Reserved. 46-7-74. Reserved. 46-7-75. Reserved. 46-7-76. Reserved.

Page 978

46-7-77. Reserved. 46-7-78. Reserved. 46-7-79. Reserved. SECTION 5. Said title is further amended by striking in its entirety Code Section 46-9-6, relating to limitation of actions against common carriers for recovery of overcharges, and inserting in lieu thereof a new Code Section 46-9-6 to read as follows: 46-9-6. (a) All actions at law against carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof. (b) A motor carrier of property may, upon notice to the commission, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage: (1) A motor carrier of property shall provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a carrier is challenged by the person paying the freight charges, the commission shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the commission determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges; (2) If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commission determine whether the charges originally billed must be paid. A

Page 979

shipper must contest the original bill within 180 days in order to have the right to contest such charges; and (3) Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed. (c) The commission shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods. SECTION 6. Said title is further amended by striking in its entirety Code Section 46-9-48, relating to adjustment and payment by common carriers of claims for loss of property or overcharge for freight, and inserting in lieu thereof a new Code Section 46-9-48 to read as follows: 46-9-48. Every claim for loss of or damage to property, or for overcharge for freight, for which any common carrier of household goods may be liable shall be adjusted and paid by such common carrier within 90 days after such claim, duly verified by the claimant or his or her agent, has been filed with the agent of the initial carrier or with the agent of the carrier upon whose line the loss, damage, or overcharge actually occurred. If such claim is not adjusted and paid within the time prescribed in this Code section, the carrier shall be liable for interest thereon at the legal rate from the date of the filing of the claim until the payment thereof, and shall also be liable for a civil penalty of $50.00 for every such failure to adjust and pay said claim, to be recovered by the party damaged, provided that unless such claimant in such action recovers the full amount claimed, no penalty shall be recovered, but the recovery shall be limited to the actual loss or damage or overcharge, with interest thereon from the date of filing said claim. SECTION 7. Said title is further amended by striking and repealing in its entirety Part 2 of Article 3 of Chapter 9, relating to the transportation of livestock and domestic animals by common carrier, and inserting in lieu thereof the following: Part 2 46-9-70. Reserved.

Page 980

46-9-71. Reserved. 46-9-72. Reserved. SECTION 8. Code Section 47-17-1 of the Official Code of Georgia Annotated, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety subparagraph (H) of paragraph (5) and inserting in lieu thereof a new subparagraph (H) to read as follows: (H) Any person employed by the Public Service Commission who was designated by such commission as an enforcement officer pursuant to former Code Section 46-7-70 as it existed under the `Motor Carrier Act of 1931,' as amended, or who is designated by such commission as an enforcement officer pursuant to Code Section 46-7-28 and who is required by the terms of his or her employment to devote full time to his or her job as a law enforcer, and any supervisor of such employees who himself or herself is assigned by the terms of his or her employment to have arrest powers and to enforce the public utility laws administered by the Public Service Commission; provided, however, that such enforcement officers shall be entitled to creditable service toward retirement only for membership service rendered after July 1, 1981;. SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. GAME AND FISH FISH HATCHERIES AND NATURAL AREAS; CREEL AND POSSESSION LIMITS AND SIZE RESTRICTIONS; CATCH AND RELEASE FISHING; PUBLIC FISHING AREAS; ARTIFICIAL LURES. Code Title 27 Amended. No. 917 (House Bill No. 1162). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, the Game and Fish Code, so as to change a certain definition; to provide that the

Page 981

Department of Natural Resources may regulate fishing on fish hatcheries and natural areas; to provide that the Board of Natural Resources may establish creel and possession limits and size restrictions on taking certain species of fish; to provide that the board may regulate catch and release fishing; to allow the board to promulgate rules relating to the use of public fishing areas; to authorize the department to regulate parking on public fishing areas and to provide that a parking ticket constitutes a legal summons; to authorize the board to determine where artificial lures must be used; 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, the Game and Fish Code, is amended by striking in its entirety paragraph (4) of Code Section 27-1-2, relating to definitions relative to the Game and Fish Code, and inserting in lieu thereof the following: (4) `Artificial lure' means any lure which is made completely of natural or colored plastic, wood, cork, rubber, metal, feathers, hair, tinsel, styrofoam, sponge, or string, or any combinations of such materials, in imitation of or as a substitute for natural bait. Such term does not include any item which is sprayed with or containing scented or chemical attractions. SECTION 2. Said title is further amended by striking in its entirety Code Section 27-1-33, relating to noncompliance with laws while on a fishing area or wildlife management area, and inserting in lieu thereof the following: 27-1-33. (a) It shall be unlawful to enter upon or to hunt, trap, or fish on any public fishing area, fish hatchery, or natural area, or wildlife management area owned or operated by the department except in compliance with all applicable laws and all rules and regulations promulgated by the board including, but not limited to, any law, rule, or regulation relating to seasons or bag limits or requiring a special permit. Further, it shall be unlawful for any person except those specifically excluded by law to hunt on a wildlife management area without a valid wildlife management area stamp as authorized by Code Section 27-2-23. Such stamp must be affixed to a valid hunting license and signed by the license holder. (b) Any person who enters upon or who hunts, traps, or fishes on any public hunting or fishing area, fish hatchery, or natural area, or any game management area owned or operated, or owned and operated, by the department in violation of this Code section commits the offense of criminal trespass.

Page 982

SECTION 3. Said title is further amended by inserting at the end of Code Section 27-1-35, relating to the jurisdiction of the probate courts over certain offenses, the following: (e) Personal delivery of a summons to the persons charged shall constitute due and proper service of the summons; provided, however, that if the violation is for a vehicle parking violation involving an unattended vehicle, service may be made by placing the summons on the driver's side of the windshield of the vehicle. SECTION 4. Said title is further amended by striking in its entirety Code Section 27-4-10, relating to creel and possession limits, which reads as follows: 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; (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

Page 983

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., and inserting in lieu thereof the following: 27-4-10. (a) It shall be unlawful to take in one day or to possess at any one time, except at a commercial storage facility or at one's place of abode, more than the creel and possession limits established by the board for that fish species; provided, however, that it shall be illegal to possess more than a total of 50 individuals of all species named in this Code section. It shall be unlawful to take from the waters of this state or to possess any fish species larger or smaller or in numbers greater than the limits established by the board in accordance with this Code section. The board shall establish creel and possession limits which shall be no greater than the following limits and shall establish sizes of fish species within the

Page 984

following ranges which may not be taken: Species Ranges of Sizes Within Which Fish May Not Be Taken Maximum Daily Creel And Possession Limit (1) Largemouth bass 0 24 inches 10 (2) Smallmouth bass 0 18 inches 10 (3) Shoal bass 0 18 inches 10 (4) Suwannee bass 0 18 inches 10 (5) Spotted bass or Kentucky bass 0 18 inches 10 (6) Redeye bass or Coosa bass 0 12 inches 10 (7) Mountain trout 0 24 inches 8 (8) White bass 0 36 inches 15 (9) Striped bass 0 36 inches 15 (10) Striped white bass hybrids 0 36 inches 15 (11) Any one or combination of the species of bream or sunfish 0 10 inches 50 (12) Walleye 0 24 inches 15 (13) Sauger 0 24 inches 15 (14) Chain pickerel 0 24 inches 15 (15) Grass pickerel 0 12 inches 15 (16) Redfin pickerel 0 12 inches 15 (17) Black crappie 0 14 inches 30 (18) White crappie 0 14 inches 30 (19) American shad 0 30 inches 8 (20) Hickory shad 0 24 inches 8 (b) In accordance with sound principles of wildlife research and management, the board shall have the authority to promulgate rules and regulations establishing size limits, open seasons, creel and possession limits, and possession and landing specifications on a state-wide, regional,

Page 985

or local basis in accordance with this Code section. The board is further authorized to designate certain areas as catch and release fishing areas and to promulgate rules and regulations necessary for the management of such areas for catch and release fishing. SECTION 5. Said title is further amended by striking in its entirety Code Section 27-4-11, relating to size limits of certain fish, which reads as follows: 27-4-11. (a) It shall be unlawful to take or have in possession from any of the waters of this state any largemouth bass less than six inches in length. It shall also be unlawful to take or have in possession from any of the waters of this state any largemouth bass from six to 18 inches in length, provided that the board shall permit exceptions to this restriction by regulations promulgated in accordance with current, sound principles of wildlife management. (b) It shall be unlawful to take or possess any shoal bass (Flint River smallmouth bass) less than 12 inches in length from the Flint River or any of its tributary streams. (c) It shall be unlawful to take or have in possession from the Richard B. Russell Lake any species of mountain trout which is less than 12 inches in length. (d) It shall be unlawful to take or have in possession any brook trout less than 18 inches in length or any rainbow or brown trout less than 22 inches in length taken from Waters Creek upstream from its junction with Dick's Creek. (e) It shall be unlawful to take from or have in possession while fishing Noontootla Creek or its tributaries within the Blue Ridge Management Area any mountain trout less than 16 inches in length. and inserting in lieu thereof the following: 27-4-11. It shall be unlawful to fish in ponds or other waters of fish hatcheries owned or operated by the department, except for those waters which the department opens for fishing. The department may set special creel limits, hours, open dates, age limitations, and other conditions for fishing in the ponds or other waters at each facility. SECTION 6. Said title is further amended by striking in its entirety Code Section 27-4-11.1, relating to the possession of firearms and intoxication on public fishing areas, and inserting in lieu thereof the following:

Page 986

27-4-11.1. (a) It shall be unlawful for any person on any public fishing area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; or (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with the provisions of Chapter 3 of this title relating to hunting while under the influence of drugs or alcohol. (b) It shall be unlawful for any person to fish at any time in any pond or lake on a public fishing area owned or operated by the department which has been posted `closed' by the department for purposes of fisheries management or to take or possess any species or any size of any species or to exceed the creel limit of any species at any time from any pond or lake on a public fishing area which has been posted with a sign which states that that species or size may not be taken or that creel limit exceeded. Creel and size limits posted as permissible must be within the limits set forth in Code Section 27-4-10 and, if applicable, the limits set by the board pursuant to subsection (c) of this Code section. (c) It shall be unlawful for any person to take in one day or to possess at any one time any number of fish caught from public fishing areas except in compliance with limits set by rule and regulation of the board, which limits shall not be more than the maximum limit for that species set forth in Code Section 27-4-10. (d) It shall be unlawful for any person to fish or to be present on any public fishing area except in accordance with rules and regulations established by the board for the use of such area. The board shall have the authority to adopt rules and regulations governing methods of fishing; to regulate the operation and use of vessels; to close the area or certain ponds or lakes of the area to vessels; and to regulate other matters that the board deems necessary for the safe operation and sound management of the area. (e) It shall be unlawful on any public fishing area for any person to drive or otherwise operate a vehicle on any road posted `closed' to vehicular access, to drive around a closed gate or cable blocking a road, or to drive on any road that is not improved in that it is not receiving maintenance for the purpose of vehicular access. It shall be unlawful for any person to park a vehicle at any place within a public fishing area, including upon

Page 987

the right-of-way of any county, state, or federal highway which traverses the public fishing area, where signs placed at the direction of the commissioner or his or her designee prohibit parking. (f) It shall be unlawful for any person to camp anywhere on any public fishing area except in those areas designated by appropriate signs as camping areas. (g) It shall be unlawful for persons under 14 years of age to enter or remain upon any public fishing area unless such person is under adult supervision. It shall be unlawful for any person to cause or knowingly to permit his or her ward who is under 14 years of age to enter or remain upon any public fishing area unless such child or ward is under adult supervision. (h) It shall be unlawful for any person who has fished at a public fishing area to refuse to allow department personnel to count, measure, and weigh his or her catch. SECTION 7. Said title is further amended by striking in its entirety Code Section 27-4-36, relating to artificial-lure streams, and inserting in lieu thereof the following: 27-4-36. (a) It shall be unlawful to fish in any artificial-lure stream or lake except with an artificial lure or to have any bait or lure other than artificial in possession at such stream or lake. The board shall have the authority to designate streams, lakes, or parts of streams or lakes as artificial-lure streams or lakes and to promulgate rules regarding fishing methods, gear, and size or type of artificial lures that may be used on such streams or lakes. (b) It shall be unlawful to have in possession while fishing such streams or lakes any bait, lure, landing net, or other gear which may not be lawfully used on such streams or lakes. SECTION 8. This Act shall become effective on October 1, 1996; provided, however, that for purposes of the promulgation of rules by the Board of Natural Resources, this Act shall become effective on July 1, 1996. SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 988

CRIMES AND OFFENSES AGGRAVATED ASSAULT AND AGGRAVATED BATTERY AGAINST EMPLOYEES OF DEPARTMENT OF CHILDREN AND YOUTH SERVICES; ASSISTING ESCAPE OF CHILD COMMITTED TO DEPARTMENT; HARBORING ESCAPED CHILD; HINDERING APPREHENSION OF ESCAPED CHILD; PROVIDING CONTRABAND TO CHILD UNDER CUSTODY OF DEPARTMENT; POSSESSION OF CONTRABAND BY CHILDREN UNDER CONTROL OF DEPARTMENT; DELINQUENCY PETITIONS; PENALTIES. Code Sections 16-5-21, 16-5-24, and 49-4A-11 Amended. No. 918 (House Bill No. 1197). AN ACT To provide for certain offenses relating to employees of and persons in the custody of the Department of Children and Youth Services; to amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, so as to increase minimum penalties for aggravated assault and aggravated battery against persons known to be employees of the Department of Children and Youth Services; to provide for related matters; to provide for applicability; to provide an effective date; to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that assisting a child committed to the Department of Children and Youth Services to escape the department's control or custody, harboring an escaped child, and hindering the apprehension of an escaped child are felony offenses; to provide for the felony offenses of providing contraband to a child under the custody of the department and possession of contraband by a child of 17 or older under the control of the department; to provide for delinquency petitions for children younger than 17 under the custody of the department possessing contraband; to provide penalties; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against persons, is amended by striking in its entirety subsection (e) of Code Section 16-5-21, relating to aggravated assault, and inserting in lieu thereof the following: (e)(1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training

Page 989

Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated assault upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. SECTION 2. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 16-5-24, relating to aggravated battery, and inserting in lieu thereof the following: (e)(1) As used in this subsection, the term `correctional officer' shall include superintendents, wardens, deputy wardens, guards, and correctional officers of state, county, and municipal penal institutions who are certified by the Georgia Peace Officer Standards and Training Council pursuant to Chapter 8 of Title 35 and employees of the Department of Children and Youth Services who are known to be employees of the department or who have given reasonable identification of their employment. (2) A person who knowingly commits the offense of aggravated battery upon a correctional officer while the correctional officer is engaged in, or on account of the performance of, his or her official duties shall, upon conviction thereof, be punished by imprisonment for not less than ten nor more than 20 years. SECTION 3. 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 Code Section 49-4A-11, relating to assisting a child to escape, harboring an escaped child, and hindering the apprehension of an escaped child, and inserting in lieu thereof the following: 49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department shall be

Page 990

guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years. (c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years. (d) Any person who shall knowingly provide to any child under the lawful control or custody of the department a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel without the consent of the director of the institution providing care and supervision to the child shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (e) Any child who shall knowingly possess a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel given to said child in violation of subsection (d) of this Code section while under the lawful custody or control of the department shall cause the department to file a delinquency petition in the court having jurisdiction; provided, however, if such person is 17 or older and is under the lawful custody or control of the department, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one or more than five years. SECTION 4. This Act shall be effective July 1, 1996 and shall apply to offenses committed on or after that date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 991

SOCIAL SERVICES VOLUNTARY PRE-KINDERGARTEN PROGRAMS; TOILET FACILITIES TO BE SCREENED FOR PRIVACY. Code Section 49-5-22 Enacted. No. 919 (House Bill No. 1211). AN ACT To amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide that voluntary pre-kindergarten programs in this state shall provide for toilet facilities which are screened for privacy; to provide for an exception; 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 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by adding at the end thereof a new Code Section 49-5-22 to read as follows: 49-5-22. (a) The General Assembly finds that just as gender separated toileting among nonrelatives is the norm among adults, children should be allowed the same opportunity to practice modesty when independent toileting behavior is well established among the majority of their age group. Standardized adherence to this policy would provide privacy, injury control, and sanitation. (b) Each public or private voluntary pre-kindergarten program in this state which receives state funding shall provide toilet facilities for the four year old pre-kindergarten age children which it serves which are suitably screened for privacy. Nothing contained herein shall be construed to require a pre-kindergarten program to provide separately constructed toilet facilities. (c) The provisions of subsection (b) of this Code section shall not apply to any voluntary pre-kindergarten program which provides separate and gender-specific toilet facilities for the children which it serves. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 992

COURTS SUPERIOR COURTS; JUDGES' SECRETARIES; PAY SCHEDULES. Code Section 15-6-25 Amended. No. 920 (House Bill No. 1218). AN ACT To amend Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, so as to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a state court judge; to provide for an additional pay step for such secretaries in certain circumstances; to provide for an exception to the pay schedule for a person appointed on or after a specified date as secretary to a superior court judge if such secretary has previously been employed as a secretary to a district attorney in certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to the superior courts, is amended by striking in its entirety paragraph (5) of subsection (c) of Code Section 15-6-25, relating to employment of secretaries for judges of the superior court, and inserting in lieu thereof the following: (5) Each new secretary appointed after July 1, 1985, shall be placed on Step 1 of the pay schedule in effect on the date of appointment; provided, however, that: (A) A secretary employed under Code Section 15-18-17, authorizing the employment of district attorney's secretaries, may transfer to this pay schedule upon appointment as a secretary to a judge of the superior court at the step equal to the current salary being received if no interruption in state employment occurs as a result of the appointment; (B) A secretary employed as secretary to a state court judge in this state before appointment pursuant to this Code section may transfer to this pay schedule after appointment pursuant to this Code section at the step which is closest to but not lower than the highest salary received in such secretary's previous employment as secretary to a judge of the state court if such secretary was appointed pursuant to this Code section on or after July 1, 1995, and there was no interruption in employment as a result of such appointment;

Page 993

(C) A secretary employed under authority other than Code Section 15-18-17 as a secretary to a district attorney in this state before appointment pursuant to this Code section who was appointed on or after July 1, 1995, may transfer to this pay schedule at the step which is closest to but not lower than the highest salary received in such secretary's previous employment as a secretary to a district attorney after appointment pursuant to this Code section if there was no interruption in employment as a result of such appointment; and (D) A secretary who meets the criteria of subparagraph (B) of this paragraph and who has worked for at least two years for a state court judge whose duties included hearings in state court and superior court shall receive an additional pay step above the compensation resulting from the application of subparagraph (B). SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CONSERVATION AND NATURAL RESOURCES WASTE MANAGEMENT; DEFINITIONS; HAZARDOUS SUBSTANCE REPORTING FEES; LIABILITY LIMITATIONS AND EXEMPTIONS; CORRECTIVE ACTION PLANS; GEORGIA HAZARDOUS SITE REUSE AND REDEVELOPMENT ACT ENACTED. Code Title 12, Chapter 8 Amended. No. 921 (House Bill No. 1227). AN ACT To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to define a certain term; to amend certain hazardous substance reporting fees; to provide a limitation of certain liability for the release of hazardous substances for certain subsequent purchasers of property; to provide that a person who purchases real property listed on the hazardous site inventory and who completes corrective action may qualify for an exemption from third-party liability; to define certain terms; to provide for an administrative consent order incorporating a corrective action plan; to provide for certification of completion; to provide for a limited exemption from liability; to provide a short title; to define certain terms; to provide for powers and duties of the Board of Natural Resources; to provide for powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources; to provide criteria for property to qualify for a limitation of liability; to provide criteria for prospective purchasers to

Page 994

qualify for a limitation of liability; to provide requirements for obtaining a limitation of liability; to provide for exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by striking in its entirety paragraph (9) of Code Section 12-8-92, relating to definitions, and inserting in lieu thereof the following: (9) `Person who has contributed or who is contributing to a release' means: (A) The owner or operator of a facility; (B) Any person who at the time of disposal of any hazardous waste, hazardous constituent, or hazardous substance owned or operated any facility at which such hazardous waste, hazardous constituent, or hazardous substance was disposed of; (C) Any person who by contract, agreement, or otherwise arranged for disposal or treatment of or arranged with a transporter for transport for disposal or treatment of hazardous wastes, hazardous constituents, or hazardous substances owned or possessed by such person or by any other party or entity at any facility owned or operated by another party or entity and containing such hazardous wastes, hazardous constituents, or hazardous substances. A person who arranged for the recycling of recovered materials consisting solely of scrap paper, scrap plastic, scrap glass, scrap textiles, scrap rubber other than whole tires, scrap metal or spent lead-acid, nickel-acid, nickel-cadmium, and other batteries, and not consisting of any residue from a pollution control device, shall not be deemed to have arranged for treatment or disposal under this subparagraph; and (D) Any person who accepts or accepted any hazardous wastes, hazardous constituents, or hazardous substances for transport to disposal or treatment facilities or sites selected by such person, from or at which facility or site there is a release of a hazardous waste, a hazardous constituent, or a hazardous substance. SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 12-8-95.1, relating to hazardous waste management fees and hazardous substance reporting fees, and inserting in lieu thereof a new subsection (a) to read as follows:

Page 995

(a) The division is authorized and directed to charge and collect the fees for hazardous waste management activities and hazardous substance reporting fees as provided in this subsection. As used in this Code section, the term `hazardous waste' shall not include any material excluded by 40 CFR Part 261 of the Code of Federal Regulations. Every large quantity generator and every small quantity generator shall pay the greater of $100.00 per calendar year or the total of the hazardous waste management fees, and every person who is required to report pursuant to Section 312 or 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay the annual hazardous substance reporting fees, imposed as follows: (1) Every large quantity generator of hazardous waste shall pay an annual fee of $20.00 per ton for hazardous waste shipped off site for disposal or incineration, $16.00 per ton for hazardous waste shipped off site for treatment or storage, $2.00 per ton for hazardous waste shipped off site for recycling or reuse, and, beginning January 1, 1995, $9.00 per ton for hazardous waste shipped off site for treatment by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for off-site hazardous waste management fees exceeding $75,000.00 in any calendar year. In no event shall any person be liable for an off-site hazardous waste management fee on any hazardous waste for which an off-site hazardous waste management fee has previously been paid; (2) Every large quantity generator of hazardous waste shall pay an annual fee of $10.00 per ton for hazardous waste disposed of or incinerated on site, $4.00 per ton for hazardous waste treated or stored on site, $1.00 per ton for hazardous waste reused or recycled on site, and, beginning January 1, 1995, $2.50 per ton for hazardous waste treated on site by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no large quantity generator shall be liable for on-site hazardous waste management fees for disposal or incineration, treatment or storage, recycling or reuse, or treatment by burning for energy recovery in any calendar year exceeding the following amounts and according to the following schedule: (A) Twenty-five thousand dollars for such payments due on July 1, 1993, and on July 1, 1994; (B) Fifty thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on July 1, 1995, and on July 1, 1996; (C) Seventy-five thousand dollars for such payments, excluding payments for the on-site treatment of waste water which is a hazardous waste, due on and after July 1, 1997;

Page 996

(D) One thousand five hundred dollars for waste water which is a hazardous waste which is treated on site for payments due on July 1, 1995; (E) Three thousand dollars for waste water which is a hazardous waste treated on site for payments due on July 1, 1996; and (F) Seven thousand five hundred dollars for waste water which is a hazardous waste treated on site for payments due on and after July 1, 1997. For the purposes of this paragraph, a generator who generates waste water which is a hazardous waste shall not be required to count such hazardous waste in determining its status as a large quantity generator, a small quantity generator, or a conditionally exempt small quantity generator. For the purposes of this paragraph, dilution of waste water that is a hazardous waste shall be considered treatment subject to the fees established by this paragraph. A large quantity generator which pays fees for the off-site management of hazardous waste under paragraph (1) of this subsection for a hazardous waste which was previously managed on site shall not pay the applicable on-site management fee for that hazardous waste; (3) Every person who receives hazardous waste generated outside this state shall pay an annual fee of $20.00 per ton for hazardous waste disposed of or incinerated, $16.00 per ton for hazardous waste treated or stored, $2.00 per ton for hazardous waste that is recycled or reused, and, beginning January 1, 1995, $9.00 per ton for hazardous waste treated by being burned for energy recovery in accordance with rules and regulations promulgated pursuant to Part 1 of this article; provided, however, that no person shall be liable for importation fees exceeding $75,000.00 per out-of-state generator in any calendar year. In no case shall any person who receives hazardous waste from any person outside this state and who pays an importation fee on such waste pursuant to this paragraph be liable for the off-site hazardous waste management fees required by paragraph (1) of this subsection. Persons who receive hazardous waste generated outside this state are not required to pay the fees required by this paragraph for those wastes generated by conditionally exempt small quantity generators which are located outside this state. For the purposes of this paragraph, a `conditionally exempt small quantity generator' means a generator who generates 220 pounds or less of hazardous waste in one month, as provided by rules promulgated by the board in accordance with this article; and (4) Each person who is required to report pursuant to Section 313 of Title III of the federal Superfund Amendments and Reauthorization Act of 1986 shall pay to the division an annual hazardous substance reporting fee as follows:

Page 997

(A) A facility with no reported release shall pay no fee; (B) A facility with a reported release of less than 1,000 pounds during the calendar year shall pay a fee of $500.00 for that calendar year; (C) A facility with a reported release equal to or greater than 1,000 pounds but less than 10,000 pounds during the calendar year shall pay a fee of $1,000.00 for that calendar year; and (D) A facility with a reported release equal or greater than 10,000 pounds during the calendar year shall pay a fee of $1,500.00 for that calendar year. SECTION 3. Said chapter is further amended by inserting immediately following Code Section 12-8-96.2 the following: 12-8-96.3. (a) As used in this Code section, the term: (1) `Affected property' means real property listed on the hazardous site inventory maintained pursuant to Code Section 12-8-97. (2) `Bona fide purchaser' means a person who has purchased affected property and has complied with the provisions of subsection (b) of this Code section relative to such property; provided, however, that no person may qualify as a bona fide purchaser if such person: (A) Is a person who has contributed or is contributing to a release; (B) Has or in the past has had a contractual relationship with a person who has contributed or is contributing to a release; (C) Is related by blood or marriage to a previous owner of the property or to a person who contributed or is contributing to the release or is a shareholder, employee, agent, or is otherwise affiliated with such person; (D) Is a predecessor or successor entity, subsidiary, owner, or division of any person who has contributed to or is contributing to a release; (E) Is in violation of any order, judgment, statute, rule, or regulation within the jurisdiction of the division; (F) Is an owner or operator of an underground storage tank, as defined by Code Section 12-13-3, located at the affected property and subject to the financial responsibility regulations promulgated pursuant to Code Section 12-13-9;

Page 998

(G) Is an owner or operator of a solid waste handling, disposal, or thermal treatment technology facility, as defined by Code Section 12-8-22, located at the affected property and subject to permitting requirements pursuant to Code Section 12-8-24; (H) Is an owner or operator of a `hazardous waste facility' as defined by paragraph (11) of Code Section 12-8-62; or (I) Is not able to meet such other criteria as may be established by the board pursuant to Code Section 12-8-93. (3) `Cleanup standards' means those rules adopted by the board pursuant to Code Section 12-8-93. (4) `Contractual relationship' means a contractual relationship established as provided in subsection (d) of Code Section 12-8-96.1. (5) `Person who has contributed or is contributing to a release' means such term as defined in paragraph (9) of Code Section 12-8-92. (b) A person desiring to qualify as a bona fide purchaser shall, before purchasing the affected property, present to the director a corrective action plan which describes in detail those actions needed to bring the affected property into compliance with cleanup standards. The director shall approve the plan if, in his or her opinion, the plan will bring the property into compliance with the cleanup standards. Such plan shall include a schedule for completion, which shall be not longer than one year following the date the plan is finally approved, which shall be the date the purchaser and the director enter into an administrative consent order incorporating the plan; provided, however, that the director may extend the completion date by up to six months if, in his or her opinion, the purchaser has made a good faith attempt to complete the corrective action within the time provided in the consent order and that the corrective action can be completed within the period of the extension. If the corrective action provided for in the administrative consent order is completed to the satisfaction of the director, the director shall certify that the purchaser is a bona fide purchaser of the affected property for purposes of this Code section. (c) A bona fide purchaser shall not be liable for third-party claims for contribution or for third-party claims for damages arising from a release of the hazardous waste, hazardous substance, or hazardous constituent which is the subject of the corrective action included in the consent order provided for in subsection (b) of this Code section. (d) The limitation of liability provided for in subsection (c) of this Code section shall commence on the date of execution of the consent order provided for in subsection (b) of this Code section; provided, however, that such limitation shall be withdrawn automatically if the director determines at the end of the cleanup period or any extension thereof to

Page 999

certify that the property has not been brought into compliance with the cleanup standards. The limitation shall apply only to the parties to the consent order and for the hazardous waste, hazardous substance, or hazardous constituent addressed in the consent order. The limitation shall not apply with respect to any release occurring in conjunction with an activity related to a corrective action which results in injury to a person not a party to the consent order. SECTION 4. Said chapter is further amended by inserting at the end thereof the following: ARTICLE 9 12-8-200. This article shall be known and may be cited as the `Georgia Hazardous Site Reuse and Redevelopment Act'. 12-8-201. As used in this article, the term: (1) `Certificate of compliance' means the certification of compliance with a corrective action plan required by subsection (c) of Code Section 12-8-206. (2) `Corrective action plan' means the corrective action plan required by subsection (c) of Code Section 12-8-206. (3) `Hazardous site inventory' means the hazardous site inventory published by the division pursuant to Code Section 12-8-97. (4) `Preexisting release' means a release, as such term is defined in paragraph (11) of Code Section 12-8-92, which occurred prior to the prospective purchaser's application for a limitation of liability pursuant to Code Section 12-8-206. (5) `Prospective purchaser' means a person who intends to purchase a property which is part of a site listed on the hazardous site inventory. (6) `Risk reduction standards' means those standards promulgated by the board pursuant to Part 2 of Article 3 of this chapter. 12-8-202. (a) The board shall have the power to adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as necessary to provide for the redevelopment and return to productive use certain property or properties listed on the hazardous site inventory. Such rules and regulations may be applicable to the state as a whole or may vary from region to region, as may be

Page 1000

appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this part. (b) The board's rules and regulations shall include, but shall not be limited to, the following: (1) Rules and regulations governing the eligibility criteria of prospective purchasers seeking a limitation of liability; (2) Rules and regulations governing procedures for application and approval of prospective purchasers seeking a limitation of liability; and (3) Rules and regulations governing procedures and criteria for determining whether a prospective purchaser qualifies for a limitation of liability. 12-8-203. (a) The director shall have the power and duty: (1) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a prospective purchaser qualifies for a limitation of liability; (2) To make determinations, in accordance with procedures and criteria enumerated in this article and rules and regulations promulgated pursuant to this article, as to whether a proposed corrective action plan is sufficient to bring the property into compliance with risk reduction standards; (3) To ensure that all actions in an approved corrective action plan are completed within the time specified, the corrective action requirements are implemented, and the risk reduction standards are achieved and certified for a property prior to concurrence with a certification of compliance; (4) To approve corrective action plans; and (5) To concur with certifications of compliance. (b) The powers and duties described in subsection (a) of this Code section may be exercised and performed by the director through such duly authorized agents and employees as the director deems necessary and proper. 12-8-204. In order to qualify for a limitation of liability as provided in subsection (a) of Code Section 12-8-206, a property must meet the following criteria: (1) The property must be part of a site listed on the hazardous site inventory;

Page 1001

(2) Any costs incurred by the division pursuant to a corrective action performed under subsection (b) of Code Section 12-8-96 on the subject property must be repaid to the division; (3) The property must not be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C Section 9601, et seq. or be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency issued pursuant to the provisions of such Act; (4) The director must determine: (A) That the property is in a state of disuse as a result of the preexisting release by considering such evidence as: (i) The sworn affidavit of the current property owner attesting that the property is in a state of disuse and explaining how the state of disuse is a result of the preexisting release; (ii) An appraisal performed by a certified general real property appraiser showing the property to have negligible market value due to the preexisting release; (iii) A statement bearing the signature and seal of the tax assessor or tax appraiser in the county in which the land is located stating that the property's appraised value for tax purposes has been or will be substantially reduced due to the preexisting release; (iv) A bona fide lease, contract, option to purchase, or other such agreement relating to the use or sale of the property has been cancelled, breached, or repudiated because of the preexisting release; or (v) Any other evidence satisfactory to the board showing that the property is in a state of disuse because of the preexisting release; (B) That the property has been abandoned by its current owner or last known owner of record as a result of the preexisting release by considering such evidence as: (i) Documents showing that a Chapter 7 bankruptcy proceeding has been filed by or against the current owner or lessee of the property; (ii) If the owner or lessee of the property is a corporation, documents showing that the corporation has been dissolved; (iii) Documents showing that the property in question was transferred to the current owner or his or her predecessor in title by tax deed;

Page 1002

(iv) Documents showing that a substantial tax delinquency on the property has lasted for at least six months; or (v) Any other evidence satisfactory to the board showing that the property has been abandoned because of the preexisting release; or (C) That a community impact statement has been prepared pursuant to rules promulgated by the director; (5) The prospective purchaser has obtained approval of a community impact statement; and (6) The property meeting other criteria as may be established by the board as provided in this article and Article 3 of this chapter. 12-8-205. (a) To qualify for a limitation of liability as provided in subsection (a) of Code Section 12-8-206, a prospective purchaser must meet the following criteria: (1) The prospective purchaser must not be a person who has contributed to a release of regulated substances at the subject property as defined in paragraph (9) of Code Section 12-8-92; (2) Where the prospective purchaser is an individual, the party must not: be a relative by blood within the third degree of consanguinity or by marriage; be an employee, shareholder, officer, or agent; or otherwise be affiliated with the current owner of the property or any person who has contributed to a release of hazardous materials on the subject site; (3) Where the prospective purchaser is a corporation or other legal entity, the party must not: be a current or former subsidiary, division, parent company, or partner; be the employer or former employer; or otherwise have been affiliated with the current owner of the property or any person who has contributed to a release of hazardous materials on the subject site; (4) The prospective purchaser must not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and (5) The prospective purchaser must meet such other criteria as may be established by the board pursuant to Code Section 12-8-102. (b) The director may grant a variance from the eligibility requirements contained in paragraphs (2), (4), and (5) of subsection (a) of this Code section if the director finds that such criteria would render a prospective purchaser ineligible for a limitation of liability under this article, that no

Page 1003

other qualified prospective purchaser has applied for a limitation of liability, and that: (1) Such ineligibility would result in the continuation of a condition which poses a threat to human health and the environment; (2) The director would be required to perform the necessary corrective action using funds from the hazardous waste trust fund; and (3) That in all probability, the director would be unable to recover the cost of the corrective action as provided in Code Section 12-8-96.1. The director may place such conditions upon the grant of a variance as he or she deems appropriate including, without limitation, a provision relating to the time all or a portion of the corrective action must be completed, and if the applicant fails to comply with such conditions the director may modify or withdraw such waiver. 12-8-206. (a) A prospective purchaser shall be granted limitation of liability imposed upon the owner of property by Part 2 of Article 3 of this chapter for a preexisting release upon compliance with the provisions of this Code section. (b) To be entitled to a limitation of liability as provided in subsection (a) of this Code section, the prospective purchaser must submit a redevelopment plan which describes the environmental, societal, or economic benefits expected to accrue to the community and the state from the intended productive use of the property. (c)(1) For those properties which the director has designated as needing corrective action, any party desiring to qualify for a limitation of liability pursuant to subsection (a) of this Code section shall, in addition to the redevelopment plan required by subsection (b) of this Code section, submit a prospective purchaser corrective action plan to the division. The corrective action plan shall, at minimum, enumerate and describe in detail those actions planned and proposed to bring the subject property into compliance with all applicable rules and regulations adopted by the board governing the investigation, cleanup, and corrective action at properties listed on the hazardous site inventory. A corrective action plan submitted by a prospective purchaser under this section shall be in such form and meet such criteria as established by the board. (2) The prospective purchaser shall submit proof of financial assurance, in such form as specified by the director, of his or her ability to implement the corrective action plan. (3) Upon the director's approval of the prospective purchaser corrective action plan, it shall be the responsibility of the prospective

Page 1004

purchaser to implement said plan. The director's approval of a prospective purchaser corrective action plan shall not in any way be construed as a guarantee, promise, or assurance that the director will concur with the prospective purchaser's certification of compliance with the risk reduction standards. Compliance with the appropriate risk reduction standards in effect at the time the director's concurrence is sought is the sole responsibility of the prospective purchaser. The prospective purchaser shall not acquire a vested right to the director's concurrence regardless of the expenditure of money. The prospective purchaser shall implement the corrective action plan with the understanding that the requirements of corrective action necessary to obtain a limitation of liability are subject to change because of newly discovered facts or subsequent changes in state or federal laws, rules, or regulations. (4) The director's approval of the prospective purchaser corrective action plan shall specify a time within which the prospective purchaser must certify compliance with the risk reduction standards in order to maintain the limitation of liability provided for by subsection (a) of this Code section, and the director may revoke the limitation of liability if the prospective purchaser fails to comply with such time requirement. (5) If at any time the director determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards, the director may revoke his or her approval of the plan by providing the prospective purchaser with written notification specifying the basis for making such determination and requesting modification and resubmission of a modified plan within a specified time. If at any time the prospective purchaser determines that any element of an approved prospective purchaser corrective action plan must be modified in order to achieve compliance with the risk reduction standards, the prospective purchaser shall notify the director and obtain approval of the proposed modification. (6) A prospective purchaser shall, upon completion of those activities specified in the corrective action plan, submit to the director a compliance status report certifying the compliance of the site with the risk reduction standards and corrective action requirements. (d) For those sites listed on the hazardous site inventory which the director has not yet designated as being in need of corrective action, any party desiring to qualify for a limitation of liability as provided in subsection (a) of this Code section shall submit a compliance status report to the division in such form as provided by rules and regulations adopted by the board. A compliance status report submitted by a prospective purchaser under this subsection shall be in such form and meet such criteria as established by the board.

Page 1005

12-8-207. (a) The limitation of liability provided by this article shall be contingent upon the prospective purchaser's good faith implementation of the corrective action plan as approved by the director as well as the certification of compliance with the risk reduction standards and corrective action requirements. Such limitation of liability shall not be applicable to any activities conducted on the property before the director's approval of the corrective action plan or concurrence with a certification of compliance or during any time the director's approval of the corrective action plan has been suspended or revoked. (b) The limitation of liability provided by this article shall not affect any right of indemnification which any person has or may acquire by contract against any other person who is otherwise liable for creating an environmental hazard; apply to persons who intentionally, wantonly, or willfully violate federal or state regulations in the cleanup process; or apply to any release occurring or continuing after the date of the certification of compliance. (c) The limitation of liability provided by this article shall be fully transferable to the heirs, assigns, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person responsible for a release on the site from which the subject property originated. A transfer of the title to the subject property or any portion thereof from the prospective purchaser back to the owner of the site from which the subject property was purchased, any other party deemed to be a person responsible for a release on the site, or any person disqualified from obtaining a limitation of liability under Code Section 12-8-205 shall terminate any limitation of liability applicable under this article. (d) For the purpose of determining liability for continuing or future releases of regulated substances upon any property for which the director has concurred with a certification of compliance pursuant to Code Section 12-8-206, the background or baseline concentration for any and all regulated substances for which corrective action was performed and compliance certified shall be equivalent to the risk reduction standard for which compliance was certified in order to invoke the limitation of liability. (e) The limitation of liability provided by this article shall have no effect on liability for releases of hazardous waste, hazardous constituents, or hazardous substances not addressed in the corrective action plan or the certification of compliance. Any such release shall constitute a new, separate, and distinct release, subject to the provisions of Part 2 of Article 3 of this chapter.

Page 1006

(f) Nothing in this article shall limit the authority of the director or the division to take action in response to any release or threat of release of regulated substances. Except as provided in this article, nothing shall limit the authority of the director or the division to seek recovery of costs from persons liable under Part 2 of Article 3 of this chapter. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES SELF-PROVED WILLS AND CODICILS; WHOM AFFIDAVIT MAY BE MADE BEFORE; FORM OF AFFIDAVIT. Code Section 53-2-5 Amended. No. 922 (House Bill No. 1234). AN ACT To amend Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, so as to provide that affidavits of the testator and attesting witnesses in self-proved wills and codicils are made before an officer authorized to take acknowledgements to deeds of conveyance or to administer oaths under the laws of the state where the will or codicil is executed; to change the form for the certificate of such officer; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 53 of the Official Code of Georgia Annotated, relating to wills, is amended by striking in its entirety subsections (b) and (c) of Code Section 53-2-5, relating to codicils, and inserting in lieu thereof the following: (b) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a codicil may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses made before an officer authorized to take acknowledgments to deeds of conveyance or to administer oaths under the laws of the state where the codicil is executed. The affidavit and certificate provided in subsection (c) of this Code section shall be the only prerequisite of a self-proved codicil. (c) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the codicil in form and contents substantially as follows:

Page 1007

SECTION 2. Said chapter is further amended by striking in its entirety subsections (a) and (b) of Code Section 53-2-40.1, relating to self-proved wills, and inserting in lieu thereof the following: (a) At the time of its execution or at any subsequent date during the lifetime of the testator and the witnesses, a will may be made self-proved and the testimony of the witnesses in the probate thereof may be made unnecessary by the affidavits of the testator and the attesting witnesses

Page 1008

made before an officer authorized to take acknowledgments to deeds of conveyance or to administer oaths under the laws of the state where the will was executed. The affidavit and certificate provided in subsection (b) of this Code section shall be the only prerequisite of a self-proved will. (b) The affidavit shall be evidenced by a certificate, with official seal affixed, of such officer attached or annexed to the will in form and contents substantially as follows:

Page 1009

SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. LOCAL GOVERNMENT ZONING PROCEDURES; ZONING DECISION DEFINED; PROCEDURES APPLICABLE TO PROPERTY TO BE ANNEXED TO A MUNICIPALITY. Code Sections 36-66-3 and 36-66-4 Amended. No. 923 (House Bill No. 1231). AN ACT To amend Chapter 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, so as to restate the types of zoning decisions to which such procedures apply; to change the procedures applicable to property to be annexed; to provide for additional procedures; 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 66 of Title 36 of the Official Code of Georgia Annotated, relating to zoning procedures, is amended by striking paragraph (4) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (4) to read as follows: (4) `Zoning decision' means final action by a local government which results with: (A) The adoption of a zoning ordinance; (B) The adoption of an amendment to a zoning ordinance which changes the text of the zoning ordinance; (C) The adoption of an amendment to a zoning ordinance which rezones property from one zoning classification to another; or (D) The adoption of an amendment to a zoning ordinance by a municipal local government which zones property to be annexed into the municipality. SECTION 2. Said chapter is further amended by adding a new subsection at the end of Code Section 36-66-4, relating to procedures regarding zoning decisions, to be designated subsection (d), to read as follows:

Page 1010

(d) If the zoning is for property to be annexed into a municipality, then: (1) Such municipal local government may begin the procedures required by this chapter for such zoning at any time on or after the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6; (2) The hearing required by subsection (a) of this Code section shall be conducted prior to the annexation of the subject property into the municipality; (3) In addition to the other notice requirements of this Code section, the municipality shall cause to be published within a newspaper of general circulation within the territorial boundaries of the county wherein the property to be annexed is located a notice of the hearing as required under the provisions of subsection (a) or (b), as applicable, of this Code section and shall place a sign on the property when required by subsection (b) of this Code section; and (4) The zoning classification approved by the municipality following the hearing required by this Code section shall become effective on the later of: (A) The date the zoning is approved by the municipality; or (B) The date that the annexation becomes effective pursuant to Code Section 36-36-2. SECTION 3. This Act shall become effective on July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HIGHWAYS, BRIDGES, AND FERRIES DIMENSION LIMITATIONS FOR AUTOMOBILE CARRIERS; COMMERCIAL DRIVEWAY PERMITS. Code Title 32, Chapter 6 Amended. No. 924 (House Bill No. 1243). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, the Georgia Code of Public Transportation, so as to change the height limitations for vehicles transporting motor vehicles on certain public roads;

Page 1011

to authorize automobile carriers of a specific length and configuration to be used on certain highways; to define a certain term; to establish the maximum amount of money which may be charged by the Department of Transportation as a condition of obtaining a commercial driveway permit under certain circumstances; to provide that such limitations on the department shall be in effect only for a specific period of time; to provide for the applicability of such limitations on the department; to create the Georgia Transportation Oversight Committee of the General Assembly and provide for its powers, duties, and operation; 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 32 of the Official Code of Georgia Annotated, The Georgia Code of Public Transportation, is amended by striking in its entirety Code Section 32-6-22, relating to height of vehicles and loads, and inserting in lieu thereof a new Code Section 32-6-22 to read as follows: 32-6-22. (a) Except as authorized in subsection (b) of this Code section and except when so authorized by a permit issued pursuant to Code Section 32-6-28, no vehicle unladen or with a load shall exceed a height of 13 feet, six inches. (b) On highways which constitute a part of the National System of Interstate and Defense Highways as such term is used in 23 U.S.C. Section 127 and ramps or service streets which provide reasonable access thereto, no vehicle transporting motor vehicles (commonly known as automobile carriers) unladen or with a load shall exceed a height of 14 feet. SECTION 2. Said title is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 32-6-24, relating to length of vehicles and loads, and inserting in lieu thereof a new paragraph (3) to read as follows: (3)(A) Except as provided in subparagraph (B) of this paragraph, vehicles transporting motor vehicles (commonly known as automobile carriers) shall not exceed 65 feet in length and shall not carry a load exceeding 65 feet in length; provided, however, an automobile carrier with a stinger steered unit shall be allowed a maximum length of 75 feet exclusive of overhang. However, subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to automobile carriers. (B)(i) As used in this subparagraph, the term `designated highways' means any highways which are designated for use by

Page 1012

oversized vehicles pursuant to the federal Surface Transportation Assistance Act of 1982 (Public Law 97-424), as amended, and commonly referred to as the `National Network' and the state designated routes providing reasonable access to such highways as provided for in the federal Surface Transportation Assistance Act of 1982, as amended, and federal rules and regulations promulgated thereunder and which are within 60 driving miles of the point of manufacture or assembly of the motor vehicles which the load comprises. (ii) On designated highways, vehicles transporting motor vehicles (commonly called automobile carriers) with a stinger steered unit shall not exceed an overall length of 100 feet including any overhang, and no unit of such vehicle shall exceed an overall length of 56 feet exclusive of any overhang. Subsection (a) of this Code section, which provides that no trailer shall exceed 48 feet in length, shall not apply to such automobile carriers. SECTION 3. Said title is further amended by striking in its entirety subsection (b) of Code Section 32-6-28, relating to permits for excess weight and dimensions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Duration and limits of permits. (1) ANNUAL. The commissioner or an official of the department designated by the commissioner may, pursuant to this Code section, issue an annual permit which shall permit a vehicle to be operated on the public roads of this state for 12 months from the date the permit is issued even though the vehicle or its load exceeds the maximum limits specified in this article. However, except as specified in subsection (c) of this Code section, an annual permit shall not authorize the operation of a vehicle: (A) Whose total gross weight exceeds 100,000 pounds; (B) Whose single axle weight exceeds 25,000 pounds; (C) Whose total load length exceeds 75 feet; (D) Whose total width exceeds 102 inches or whose load width exceeds 144 inches; or (E) Whose height exceeds 14 feet and six inches. Furthermore, an annual permit to operate a vehicle which exceeds the height limitations set forth in Code Section 32-6-22 shall be issued only on condition of payment of an indemnity bond or proof of insurance protection for $300,000.00. Such bond or insurance protection, conditioned for payment to the department, shall be held in trust for the benefit of the owners of bridges and appurtenances thereto, traffic

Page 1013

signals, signs, or other highway structures damaged by a vehicle operating under authority of such overheight permit. The liability under the bond or insurance certificate shall be absolute and shall not depend on proof of negligence or fault on the part of the permittee, his or her agents, or operators. (2) SINGLE TRIP. Pursuant to this Code section, the commissioner may issue a single-trip permit to any vehicle. SECTION 4. Said title is further amended by striking in its entirety Code Section 32-6-133, relating to regulation of granting of commercial driveway permits, and inserting in its place a new Code Section 32-6-133 to read as follows: 32-6-133. (a) The department is granted the authority to promulgate uniform and reasonable regulations to carry out the provisions of this part. In making such regulations the department shall specify among other things the circumstances under which commercial driveway permits may be issued or revoked, provided that such regulations shall not deprive the landowner of reasonable access to the public road on the state highway system. (b)(1) Where a person seeks a permit to construct, reconstruct, alter, or improve a commercial driveway and the commercial driveway will lie in whole or in part upon a parcel of land acquired for the state highway system from such person or the immediately preceding owner of such property from whom such person acquired title to such property, the total amount of money charged to such person as a condition of obtaining the permit shall not exceed the compensation received by such person or the immediately preceding owner of such property from whom such person acquired title to such property for such parcel of land upon its acquisition for the state highway system. This limitation shall apply to the total of all amounts of money of whatever character charged to such person as a condition of obtaining the permit, including without limitation any and all amounts charged for title to or use of land and any and all fees or other costs of any nature whatsoever. This subsection shall constitute only a maximum limitation upon the total amount of money charged under such circumstances and shall not in any manner be construed to establish a minimum amount of money to be charged under such circumstances. (2) Except in the case of heirs and assigns, the limitation of the department to require a payment of more than the maximum amount received for such property as provided in paragraph (1) of this

Page 1014

subsection shall last for only a ten year period from the date of the initial acquisition of property by the department. (3) This subsection shall apply with respect to land acquired for the state highway system prior to its effective date as well as land so acquired on or after the effective date of this subsection. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CRIMES AND OFFENSES DEPOSIT ACCOUNT FRAUD; AWARD OF INTEREST ON RESTITUTION. Code Section 16-9-20 Amended. No. 925 (House Bill No. 1295). AN ACT To amend Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, so as to provide a mechanism for a court to award interest on restitution paid to the holder of the worthless instrument; to provide for the rate of interest and the calculation thereof; to limit civil action if interest is awarded; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-9-20 of the Official Code of Georgia Annotated, relating to deposit account fraud, is amended by striking 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. The court may require the defendant to pay as interest a monthly payment equal to 1 percent of the amount of the instrument. Such amount shall be paid each month in addition to any payments on

Page 1015

the principal until the entire balance, including the principal and any unpaid interest payments, is paid in full. Such amount shall be paid without regard to any reduction in the principal balance owed. Costs shall be determined by the court from competent evidence of costs provided by the party causing the criminal warrant or 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 paragraph (2) of subsection (h) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Except as otherwise provided by law, any party who holds a worthless instrument, who complies with the requirements of subsection (a) of this Code section, and who causes a criminal warrant or citation to be issued shall not forfeit his or her right to continue or pursue civil remedies authorized by law for the collection of the worthless instrument; provided, however, that if interest is awarded and collected on any amount ordered by the court as restitution in the criminal case, interest shall not be collectable in any civil action on the same amount. It shall be deemed conclusive evidence that any action is brought upon probable cause and without malice where such party holding a worthless instrument has complied with the provisions of subsection (a) of this Code section regardless of whether the criminal charges are dismissed by a court due to payment in full of the face value of the instrument and applicable service charges subsequent to the date that affidavit for the warrant or citation is made. In any civil action for damages which may be brought by the person who made, drew, uttered, executed, or delivered such instrument, no evidence of statements or representations as to the status of the instrument involved or of any collateral agreement with reference to the instrument shall be admissible unless such statements, representations, or collateral agreement shall be written simultaneously with or upon the instrument at the time it is delivered by the maker thereof. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1016

SOCIAL SERVICES UNRULY OR DELINQUENT CHILDREN COMMITTED TO CUSTODY; NOTICE OF RELEASE PROVIDED TO SCHOOL SUPERINTENDENT; OPPORTUNITIES FOR RELIGIOUS ACTIVITIES. Code Section 49-4A-8 Amended. No. 926 (House Bill No. 1370). AN ACT To amend Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of unruly or delinquent children, so as to provide authorization to the Department of Children and Youth Services in institutions under its control and supervision; to require youth to participate in certain moral, academic, vocational, physical, and correctional training and activities; to provide youth the opportunity for reasonable religious activities where practicable; to provide for notification upon the release of certain children from confinement or custody of the Department of Children and Youth Services; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 49-4A-8 of the Official Code of Georgia Annotated, relating to commitment of unruly or delinquent children, is amended by inserting two new paragraphs in subsection (e.1) to be designated paragraph (3) and paragraph (4), respectively, to read as follows: (3) When a child convicted of a felony offense in a superior court is released from confinement or custody of the department, the department shall provide written notice, including the delinquent or designated felony act committed, to the superintendent of the school system in which such child was enrolled or, if the information is known, the school in which such child was enrolled or plans to be enrolled. (4) As long as a good faith attempt to comply with paragraph (3) 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 notice required by paragraph (3) of this subsection. SECTION 2. Said Code section is further amended by striking paragraph (1) of subsection (f) in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows:

Page 1017

(1) Require participation by youth in moral, academic, vocational, physical, and correctional training and activities, and provide youth the opportunity for religious activities where practicable in the institutions under the control and supervision of the department; SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES STATE BOARD OF HEARING AID DEALERS AND DISPENSERS; MEMBERS. Code Section 43-20-4 Amended. No. 927 (House Bill No. 1429). AN ACT To amend Code Section 43-20-4 of the Official Code of Georgia Annotated, relating to the State Board of Hearing Aid Dealers and Dispensers, so as to change provisions relating to members of such board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-20-4 of the Official Code of Georgia Annotated, relating to the State Board of Hearing Aid Dealers and Dispensers, is amended by striking subsection (b) of said Code section and inserting in its place the following: (b) Members of the board shall be residents of the state. The board shall consist of seven members; four of whom shall hold licenses issued by the board and shall have no less than three years' experience as a hearing aid dispenser; one of whom shall be a diplomate or eligible for certification by the American Board of Otolaryngology and licensed to practice medicine in this state; one of whom shall be an audiologist licensed under Chapter 44 of this title; and one of whom shall be appointed from the public at large. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1018

MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS NATIONAL GUARD; UTILIZATION FOR SUPPORT ACTIVITIES DURING 1996 OLYMPIC GAMES. Code Section 38-2-6.2 Enacted. No. 928 (House Bill No. 1431). AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, so as to authorize the Governor to request that members of the National Guard report for duty into the active service of the state during the period of the 1996 Olympic Games for the performance of any official duty in connection with National Guard Olympic support activities; to define a certain term; to authorize the Governor to enter into reciprocal aid agreements or compacts under certain conditions; to provide for the contents and matters covered in such agreements or compacts; to provide certain rights for members of the National Guard from other states and to provide immunity from liability; to provide for the effect of certain authority granted to the Governor under this Act; to provide that members of the National Guard may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain law and order until an emergency has first been declared; to provide that certain licenses, certificate, or permits issued in other states shall be deemed and treated as if issued in this state for the purpose of certain National Guard activities; to provide for the automatic repeal of certain provisions of law; to provide for the effect of such repeal and the continuation of certain rights and remedies provided under a mutual aid agreement; 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 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to general provisions applicable to the state militia, is amended by adding between Code Sections 38-2-6.1 and 38-2-7 a new Code Section 38-2-6.2 to read as follows: 38-2-6.2. (a) As used in this Code section, the term `National Guard Olympic support activities' means logistic and personnel support to functions and activities of the 1996 Olympic Games and shall include public safety and security assistance to state and local law enforcement agencies and to security personnel under the authority of the Atlanta Committee for the Olympic Games, Inc. (b) The Governor is authorized and empowered to request individual members of the Georgia National Guard, with their consent, to report

Page 1019

for duty into the active service of the state for the performance of any official duty in connection with National Guard Olympic support activities without first having declared an emergency as provided for in Code Section 38-2-6 or 45-12-30; provided, however, that when requested to report for duty into the active service of the state for National Guard Olympic support activities, members of the National Guard may not be employed to quell riots, insurrections, or a gross breach of the peace or to maintain order until an emergency has first been declared as provided in Code Section 38-2-6 or 45-12-30. (c) In connection with carrying out National Guard Olympic support activities authorized in this Code section, the Governor shall be authorized to enter into reciprocal aid agreements or compacts with other states for the furnishing or exchanging of National Guard personnel and equipment. The authority under this subsection is in addition to the authority in paragraph (10) of subsection (b) of Code Section 38-3-22 but shall not preclude agreements under the authority of that Code section for the purposes of Olympic support activities and shall further be in addition to any existing or future mutual aid compacts. Any such reciprocal aid agreement may include provisions which provide that members of the National Guard from another state who render assistance under such agreement shall be entitled to the same immunity and protections from liability as members of the Georgia National Guard on state active duty, the same health insurance benefits as permanent state employees, workers' compensation coverage, and such other protections and benefits as the Governor finds necessary to secure assistance. An agreement under this subsection may also provide for the authority and duty status of National Guard members from another state rendering assistance to this state and such reimbursement of their respective states of affiliation as may be necessary. (d) A state allowing members of its National Guard to render assistance in this state pursuant to an agreement under subsection (c) of this Code section and paragraph (10) of subsection (b) of Code Section 38-3-22 shall be immune from liability in connection with assistance rendered in this state. (e) In addition to any authority of the Governor under subsection (c) of Code Section 38-2-25 and subsection (b) of this Code section, the Governor may order members of the Georgia National Guard to state active duty if he or she deems it necessary to protect the interests of this state in connection with the 1996 Olympic Games; provided, however, that when ordered to report for duty into the active service of the state in connection with such 1996 Olympic Games, such members of the National Guard may not be deployed to quell riots, insurrections, or a gross breach of the peace or to maintain law and order until an emergency has first been declared as provided in Code Section 38-2-6 or 45-12-30.

Page 1020

(f) Whenever any member of the National Guard from another state who renders assistance in this state pursuant to a mutual aid agreement entered into pursuant to the provisions of this Code section holds a license, certificate, or other permit issued by any state evidencing the meeting of qualifications for professional, mechanical, or other skills, such license, certificate, or other permit shall with respect to such assistance be deemed and treated as if issued in this state. (g) This Code section shall be repealed in its entirety on September 1, 1996; provided, however, that upon repeal, any rights and remedies allowed or provided for by a mutual aid agreement entered into pursuant to the provisions of this Code section shall remain enforceable according to the terms of such agreement. 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 15, 1996. COMMERCE AND TRADE ANTIFREEZE; CERTAIN PROVISIONS NOT APPLICABLE TO RECYCLED ANTIFREEZE. Code Section 10-1-208.1 Enacted. No. 929 (House Bill No. 1442). AN ACT To amend Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, so as to provide that such part shall not apply to certain antifreeze that is recycled, reclaimed, or reprocessed; to provide for regulations; to provide for violations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 8 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to antifreeze, is amended by adding, following Code Section 10-1-208, a new Code Section 10-1-208.1 to read as follows: 10-1-208.1. This part shall not apply to recycled, reclaimed, or reprocessed antifreeze processed in Georgia which meets standards of suitability for

Page 1021

automobile or other vehicle engine cooling systems, which has conspicuous labeling or notice of its nature as `recycled,' and which is dispensed in an approved manner in bulk or by replenishing during servicing. The department shall establish by regulation such standards, testing requirements, labeling and notice requirements, and manner of dispensing. Each sale or other dispersal of a product which fails to meet such standards, which does not have the proper labeling or on which adequate notice is not given, or which is dispensed in an unapproved manner shall constitute a separate violation of this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION CONSERVATION USE PROPERTY; FAMILY OWNED FARM ENTITIES. Code Section 48-5-7.4 Amended. No. 930 (House Bill No. 1458). AN ACT To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to provide that certain family owned farm entities shall be a qualified owner for purposes of entering into conservation use covenants; 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 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by striking division (a)(1)(C)(iv) and inserting in its place a new division (a)(1)(C)(iv) to read as follows: (iv) A family owned farm entity such as a family corporation, a family partnership, a family general partnership, a family limited partnership, a family limited corporation, or a family limited liability company all of the interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family owned farm entity derived 80 percent or more of its gross income from bona fide conservation

Page 1022

uses within this state within the year immediately preceding the year in which eligibility is sought and which family owned farm entity does not own more than 3,000 acres of tangible real property in this state; or. SECTION 2. This Act shall become effective on July 1, 1996, 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 15, 1996. REVENUE AND TAXATION REDEMPTION OF PROPERTY SOLD FOR TAXES; AMOUNT REQUIRED TO BE PAID FOR REDEMPTION. Code Section 48-4-42 Amended. No. 931 (House Bill No. 1486). AN ACT To amend Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, so as to change certain amounts payable for redemption; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to redemption of property sold for taxes, is amended by striking Code Section 48-4-42, relating to amounts payable for redemption, and inserting in its place a new Code Section 48-4-42 to read as follows: 48-4-42. The amount required to be paid for redemption of property from any sale for taxes as provided in this chapter, or the redemption price, shall be the amount paid for the property at the tax sale, as shown by the recitals in the tax deed, plus any special assessments on the property, plus a premium of 20 percent of the amount for each year or fraction of a year which has elapsed between the date of the sale and the date on which the redemption payment is made. If redemption is not made until after the required notice has been given, there shall be added to the redemption price the sheriff's cost in connection with serving the

Page 1023

notice, the cost of publication of the notice, if any, and the further sum of 20 percent of the amount paid for the property at the sale to cover the cost of making the necessary examinations to determine the persons upon whom notice should be served. All of the amounts required to be paid by this Code section shall be paid in lawful money of the United States to the purchaser at the tax sale or to the purchaser's successors. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CRIMES AND OFFENSES CONTROLLED SUBSTANCES; SCHEDULE IV LIST; PENALTIES FOR VIOLATIONS; REPEAT OFFENDERS. Code Sections 16-13-28 and 16-13-30 Amended. No. 932 (House Bill No. 1555). AN ACT To amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of Schedule IV controlled substances; to change penalties for manufacture, delivery, distribution, dispensing, administering, selling, or possessing with intent to distribute certain controlled substances; to provide for the effect of Code Section 17-10-7; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding between paragraph (2.1) and (2.2) of subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following: (2.15) Butorphanol;. SECTION 1.1. Said chapter is further amended by striking subsection (d) of Code Section 16-13-30, relating to purchase and possession of controlled substances, and inserting in its place the following: (d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction

Page 1024

thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. SECTION 2. Said Code section is further amended by striking in its entirety subsection (f), which reads as follows: (f) Any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule II, other than a narcotic drug, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years., and inserting in lieu thereof the following: (f) Reserved. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HEALTH NURSING HOMES; SURVEY INFORMATION TO BE DISCLOSED UPON REQUEST BY CERTAIN HOMES. Code Section 31-7-2.1 Amended. No. 933 (House Bill No. 1583). AN ACT To amend Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to reports of cited nursing home violations, so as to provide for the disclosure of nursing home survey worksheets and documents and provide for fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 31-7-2.1 of the Official Code of Georgia Annotated, relating to reports of cited nursing home violations, is amended by adding at the end thereof a new subsection (c) to read as follows: (c) Except as provided in Code Sections 31-8-86 and 31-5-5, all worksheets or documents prepared or compiled by Department of

Page 1025

Human Resources surveyors in the course of nursing home surveys shall be provided upon written request to a nursing home which has received notice of intent to impose a remedy or sanction pursuant to 42 U.S.C. Section 1396r or Code Section 31-2-6; provided, however, that the names of residents and any other information that would reveal the identities of residents and the content of resident interviews shall not be disclosed except as provided in survey protocols of the federal Health Care Financing Administration. The department may charge a reasonable reproduction fee as provided in Code Section 50-18-70 et seq. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION INCOME TAX CREDITS FOR WATER CONSERVATION FACILITIES, QUALIFIED WATER CONSERVATION INVESTMENTS, AND CERTAIN CHANGES IN GROUND-WATER USAGE; SALES AND USE TAX EXEMPTIONS FOR CERTAIN RELATED MACHINERY. Code Sections 48-7-40.10 and 48-7-40.11 Enacted. Code Section 48-8-3 Amended. No. 934 (House Bill No. 1589). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for income tax credits for water conservation facilities and qualified water conservation investment property and for reductions, transfers, and shifts from ground-water usage; to provide for definitions and the terms, conditions, and procedures relating to such credits; to provide for a sales and use tax exemption for the sale of certain machinery and equipment used for water conservation purposes or qualified water conservation facility purposes; 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 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by adding immediately following Code Section 48-7-40.9, relating to certain income tax credits, new Code sections to read as follows:

Page 1026

48-7-40.10. (a) As used in this Code section, the term: (1) `Machinery and equipment' means all tangible personal property used directly in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. (2) `Qualified water conservation investment' means all spending by a taxpayer for use in this state for the modification of existing manufacturing processes, for the construction of a new water conservation facility, or for the expansion of an existing water conservation facility provided that such modification, construction, or expansion results in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources and has been certified pursuant to rules and regulations promulgated by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in ground-water pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (3) `Water conservation' means a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources due to increased efficiencies or recycling of water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source. (4) `Water conservation facility' means any facility, buildings, and machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing ground-water sources, provided that up to 10 percent of any building that is a component of a water conservation facility may be used for office space to house support staff for the operation. (b) Any taxpayer who financially participates in qualified water conservation investment in this state shall be allowed a credit against the tax imposed under this article in the taxable year following that in which the modified manufacturing process or the new or expanded water conservation facility has been placed in service and in which the taxpayer has initiated a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. This credit shall have a maximum carry forward of ten years, provided that such property remains in service, that the reduction in permit is maintained, and that the property continues to be used by the taxpayer. The amount of the credit allowed under this Code

Page 1027

section shall be a percentage of the taxpayer's qualified water conservation investment. For projects of $50,000.00 to $499,999.00, the credit for such taxpayer shall be 10 percent; for projects of $500,000.00 to $799,999.00, the credit shall be 8 percent; for projects of $800,000.00 to $999,999.00, the credit shall be 6 percent; and for projects of $1 million or more, the credit shall be 5 percent. The amount of the credit which may be used in any tax year shall not exceed 50 percent of that year's tax liability as determined without regard to any other credits. (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 modified manufacturing process or the new or expanded water conservation facility must not be placed in service before January 1, 1997. The credit may be only taken with respect to qualified water conservation investment in a project costing $50,000.00 or more. For every year in which the taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's income tax return setting forth as a minimum the following information: (A) The amounts, dates, and nature of the qualified water conservation investments which have allowed a modified manufacturing process or a new or expanded water conservation facility to be placed in service in the prior taxable year; (B) The amount and date of reduction in permitted ground-water usage occurring as a result of this investment; (C) The amount of tax credit claimed for these investments for the current taxable year; (D) The amounts of qualified water conservation investment reported for tax years preceding the prior taxable year; (E) The amounts of tax credit which have been utilized in prior taxable years; (F) The amounts of tax credit which has been carried over from prior years; (G) The amounts of tax credit allowed under this Code section being utilized by the taxpayer in the current taxable year; and (H) The amounts of tax credit to be carried over to subsequent 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 completed with the qualified water conservation investment had an

Page 1028

aggregate cost of $50,000.00 or more. The taxpayer shall also include a copy of the certification by the Department of Natural Resources under paragraph (2) of this Code section; (3) Any lease for a period of five years or longer of any real or personal property resulting from qualified water conservation investment shall be treated as qualified water conservation investment by the lessee. The taxpayer may treat the full value of the leased property as qualified water conservation investment 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; (4) The utilization of the credit granted in this Code section shall have no effect on the taxpayer's ability to claim depreciation for tax purposes on 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; and (5) If, after receiving approval for the water conservation credit, the annual permit for water usage from the same ground-water source is increased, any unused credits will expire immediately. 48-7-40.11. (a) As used in this Code section, the term: (1) `Qualified water conservation facility' means any facility including buildings, machinery, and equipment used in the water conservation process provided: (A) The use of the facility results in reduced ground-water usage or utilizes a surface-water source; and (B) The use of the facility has been certified by the Department of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in ground-water pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (2) `Shift from ground-water usage' means a minimum 10 percent transfer of annual permitted ground-water usage from ground-water sources due to the purchase of water from a qualified water conservation facility. (b) In the case of a taxpayer which first shifts from ground-water usage during a taxable year, there shall be allowed an annual credit against the tax imposed under this article starting in the fourth taxable year following the taxable year in which the the shift from ground-water usage occurs. The amount of the credit shall be computed as follows:

Page 1029

(1) The amount of the credit allowed under this Code section shall be $.0001 per gallon of the total gallons of relinquished and transferred annual ground-water permit issued after July 1, 1996; and (2) The amount of the credit which may be used in any tax year shall not exceed 50 percent of that year's tax liability as determined without regard to other credits. (c) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) For every year in which the taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's income tax return setting forth as a minimum the following information: (A) The ground-water usage permitted the taxpayer in the first permit issued after July 1, 1996; (B) The ground-water usage permitted the taxpayer in the tax year four years earlier than the current tax year; (C) The ground-water usage permitted the taxpayer in the current year; and (D) The credit utilized by the taxpayer in the current year; (2) In the initial year in which the taxpayer claims the credit granted in subsection (b) of this Code section, the taxpayer shall include a copy of the certification by the Department of Natural Resources under paragraph (2) of subsection (a) of this Code section; and (3) If, after receiving approval for the water conservation credit, the annual permit for water usage from the same ground-water source is increased, eligibility to use such credits shall expire immediately. SECTION 2. Said title is further amended by adding after paragraph (36) of Code Section 48-8-3, relating to sales and use tax exemptions, the following: (36.1)(A) The sale of machinery and equipment which is incorporated into any qualified water conservation facility and used for water conservation. (B) As used in this paragraph, the term: (i) `Qualified water conservation facility' means any facility, including buildings, and any machinery and equipment used in the water conservation process resulting in a minimum 10 percent reduction in permit by relinquishment or transfer of annual permitted water usage from existing permitted ground-water sources. In addition, such facility shall have been certified pursuant to rules and regulations promulgated by the Department

Page 1030

of Natural Resources as necessary to promote its ground-water management efforts for areas with a multiyear record of consumption at, near, or above sustainable use signaled by declines in ground-water pressure, threats of salt-water intrusion, need to develop alternate sources to accommodate economic growth and development, or any other indication of growing inadequacy of the existing resource. (ii) `Water conservation' means a minimum 10 percent reduction resulting in the relinquishment of transfer of annual permitted water usage from existing ground-water sources due to increased manufacturing process efficiencies or recycling of manufacturing process water which results in reduced ground-water usage, or a change from a ground-water source to a surface-water source or an alternate source. (C) Any person making a sale of machinery and equipment for the purposes specified in this paragraph shall collect the tax imposed on this sale unless the purchaser furnishes such person with a certificate issued by the commissioner certifying that the purchaser is entitled to purchase the machinery and equipment without paying the tax;. SECTION 3. (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 and shall be applicable to all taxable years beginning on or after January 1, 1997. (b) Section 2 of this Act shall become effective on July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COMMERCE AND TRADE FAIR BUSINESS PRACTICES ACT OF 1975 AMENDED; DEFINITIONS; DISCLOSURES BY CONSUMER REPORTING AGENCIES; PROMOTIONS; VACATIONS AND HOLIDAYS. Code Sections 10-1-392 and 10-1-393 Amended. No. 935 (House Bill No. 1632). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the

Page 1031

Fair Business Practices Act of 1975, so as to change definitions and references; to provide for offenses relating to consumer reporting agencies; to eliminate the requirement that certain disclosures be made to winners of promotions; to provide that promotions shall not include a requirement that the winner pay additional money to receive the promotion; to provide consumers unlimited time to void a promotion contract; to make editorial revisions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to fair business practices and known as the Fair Business Practices Act of 1975, is amended by striking Code Sections 10-1-392 and 10-1-393, relating to definitions and intentional violations of the Act and examples of unfair or deceptive practices in consumer transactions, respectively, and inserting in lieu thereof new Code sections to read as follows: 10-1-392. (a) As used in this part, the term: (1) `Administrator' means the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 or his or her delegate. (1.1) `Campground membership' means any arrangement under which a purchaser has the right to use, occupy, or enjoy a campground membership facility. (1.2) `Campground membership facility' means any campground facility at which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased the right periodically to use the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (1.3) `Career consulting firm' means any person providing services to an individual in conjunction with a career search and consulting program for the individual, including, but not limited to, counseling as to the individual's career potential, counseling as to interview techniques, and the identification of prospective employers. A `career consulting firm' does not guarantee actual job placement as one of its services. A `career consulting firm' shall not include any person who provides these services without charging a fee to applicants for those services or any employment agent or agency regulated under Chapter 10 of Title 34.

Page 1032

(2) `Consumer' means a natural person. (2.1) `Consumer acts or practices' means acts or practices intended to encourage consumer transactions. (2.2) `Consumer report' means any written or other communication of any information by a consumer reporting agency bearing on a consumer's creditworthiness, credit standing, or credit capacity which is used or intended to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer's eligibility for: (A) Credit or insurance to be used primarily for personal, family, or household purposes; or (B) Employment consideration. (2.3) `Consumer reporting agency' or `agency' means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (3) `Consumer transactions' means the sale, purchase, lease, or rental of goods, services, or property, real or personal, primarily for personal, family, or household purposes. (4) `Documentary material' means the original or a copy, whether printed, filmed, or otherwise preserved or reproduced, by whatever process, including electronic data storage and retrieval systems, of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or record wherever situate. (5) `Examination' of documentary material means inspection, study, or copying of any such material and the taking of testimony under oath or acknowledgment in respect of any such documentary material. (5.1) `File' means, when used in connection with information on any consumer, all of the information on that consumer recorded or retained by a consumer reporting agency regardless of how the information is stored. (5.2) `Going-out-of-business sale' means any offer to sell to the public or sale to the public of goods, wares, or merchandise on the implied or direct representation that such sale is in anticipation of the termination of a business at its present location or that the sale is being held other than in the ordinary course of business and includes, without being limited to, any sale advertised either specifically or in substance to be a sale because the person is going out of business,

Page 1033

liquidating, selling his or her entire stock or 50 percent or more of his or her stock, selling out to the bare walls, selling because the person has lost his or her lease, selling out his or her interest in the business, or selling because everything in the business must be sold or that the sale is a trustee's sale, bankrupt sale, save us from bankruptcy sale, insolvent sale, assignee's sale, must vacate sale, quitting business sale, receiver's sale, loss of lease sale, forced out of business sale, removal sale, liquidation sale, executor's sale, administrator's sale, warehouse removal sale, branch store discontinuance sale, creditor's sale, adjustment sale, or defunct business sale. (6) `Health spa' means an establishment which provides, as one of its primary purposes, services or facilities which are purported to assist patrons to improve their physical condition or appearance through change in weight, weight control, treatment, dieting, or exercise. The term includes an establishment designated as a `reducing salon,' `health spa,' `spa,' `exercise gym,' `health studio,' `health club,' or by other terms of similar import. A health spa shall not include any of the following: (A) Any nonprofit organization; (B) Any facility wholly owned and operated by a licensed physician or physicians at which such physician or physicians are engaged in the actual practice of medicine; or (C) Any such establishment operated by a health care facility, hospital, intermediate care facility, or skilled nursing care facility. (6.1) `Marine membership' means any arrangement under which a purchaser has a right to use, occupy, or enjoy a marine membership facility. (6.2) `Marine membership facility' means any boat, houseboat, yacht, ship, or other floating facility upon which the use, occupation, or enjoyment of the facility is primarily limited to those purchasers, along with their guests, who have purchased a right to make reservations at future times to use the facility or who have purchased a right to use periodically, occupy, or enjoy the facility at fixed times or intervals in the future, but shall not include any such arrangement which is regulated under Article 5 of Chapter 3 of Title 44. (6.3) `Office' means any place where business is transacted, where any service is supplied by any person, or where any farm is operated. (6.4) `Office supplier' means any person who sells, rents, leases, or ships, or offers to sell, lease, rent, or ship, goods, services, or property to any person to be used in the operation of any office or of any farm. (6.5) `Office supply transactions' means the sale, lease, rental, or shipment of, or offer to sell, lease, rent, or ship, goods, services, or

Page 1034

property to any person to be used in the operation of any office or of any farm but shall not include transactions in which the goods, services, or property are purchased, leased, or rented by the office or farm for purposes of reselling them to other persons. (7) `Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (7.1) `Prize' means a gift, award, or other item intended to be distributed or actually distributed in a promotion. (8) `Promotion' means any scheme or procedure for the promotion of consumer transactions whereby one or more prizes are distributed among persons who are required to be present at the place of business or are required to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to receive the prize or to determine which, if any, prize they will receive. Promotions shall not include any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote if such condition is clearly and conspicuously disclosed in the promotional advertising and literature and the receipt of the prize does not involve an element of chance. Any procedure where the receipt of the prize is conditioned upon the purchase of the item which the seller is trying to promote or upon the payment of money and where the receipt of that prize involves an element of chance shall be deemed to be a lottery under Code Section 16-12-20; provided, however, that nothing in this definition shall be construed to include a lottery operated by the State of Georgia or the Georgia Lottery Corporation as authorized by law; provided, further, that any deposit made in connection with an activity described by subparagraph (b)(22)(B) of Code Section 10-1-393 shall not constitute the payment of money. (9) `Trade' and `commerce' mean the advertising, distribution, sale, lease, or offering for distribution, sale, or lease of any goods, services, or any property, tangible or intangible, real, personal, or mixed, or any other article, commodity, or thing of value wherever situate and shall include any trade or commerce directly or indirectly affecting the people of the state. (b) An `intentional violation' occurs when the person committing the act or practice knew that his or her conduct was in violation of this part. Maintenance of an act or practice specifically designated as unlawful in subsection (b) of Code Section 10-1-393 after the administrator gives notice that the act or practice is in violation of the part shall be prima-facie evidence of intentional violation. For the purposes of this subsection, the administrator gives notice that an act or practice is in violation of this part by the adoption of specific rules promulgated pursuant to subsection (a) of Code Section 10-1-394 and by notice in

Page 1035

writing to the alleged violator of a violation, if such written notice may be reasonably given without substantially or materially altering the purposes of this part; provided, however, that no presumption of intention shall arise in the case of an alleged violator who maintains a place of business within the jurisdiction of this state with sufficient assets to respond to a judgment under this part, unless such alleged violator has received written notice. The burden of showing no reasonable opportunity to give written notice shall be upon the administrator. 10-1-393. (a) Unfair or deceptive acts or practices in the conduct of consumer transactions and consumer acts or practices in trade or commerce are declared unlawful. (b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices are declared unlawful: (1) Passing off goods or services as those of another; (2) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of goods or services; (3) Causing actual confusion or actual misunderstanding as to affiliation, connection, or association with or certification by another; (4) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful for any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business. For purposes of this paragraph, the term: (A) `Local' or `local area' refers to the area in which any particular telephone classified advertising directory is distributed free of charge to some or all telephone service subscribers. (B) `Local telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed free of charge 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. (C) `Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a three-number prefix typically used by the local telephone service company for telephones physically located within the local area.

Page 1036

(D) `Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement in question; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he or she does not have; (6) Representing that goods are original or new if they are deteriorated, reconditioned, reclaimed, used, or secondhand; (7) Representing that goods or services are of a particular standard, quality, or grade or that goods are of a particular style or model, if they are of another; (8) Disparaging goods, services, or business of another by false or misleading representation; (9) Advertising goods or services with intent not to sell them as advertised; (10) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity; (11) Making false or misleading statements concerning the reasons for, existence of, or amounts of price reductions; (12) Failing to comply with the provisions of Code Section 10-1-393.2 concerning health spas; (13) Failure to comply with the following provisions concerning career consulting firms: (A) A written contract shall be employed which shall constitute the entire agreement between the parties, a fully completed copy of which shall be furnished to the consumer at the time of its execution which shows the date of the transaction and the name and address of the career consulting firm; (B) The contract or an attachment thereto shall contain a statement in boldface type which complies substantially with the following: `The provisions of this agreement have been fully explained to me and I understand that the services to be provided under this agreement by the seller do not include actual job placement.' The statement shall be signed by both the consumer and the authorized representative of the seller;

Page 1037

(C) Any advertising offering the services of a career consulting firm shall contain a statement which contains the following language: `A career consulting firm does not guarantee actual job placement as one of its services.'; (14) Failure of a hospital or long-term care facility to deliver to an inpatient who has been discharged or to his or her legal representative, not later than six business days after the date of such discharge, an itemized statement of all charges for which the patient or third-party payor is being billed; (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; (16) Failure to comply with the following provisions concerning promotions: (A) For purposes of this paragraph, the term: (i) `Conspicuously,' when referring to type size, means either a larger or bolder type than the adjacent and surrounding material. (ii) `In conjunction with and in immediate proximity to,' when referring to a listing of verifiable retail value and odds for each prize, means that such value and odds must be adjacent to that particular prize with no other printed or pictorial matter between the value and odds and that listed prize. (iii) `Notice' means a communication of the disclosures required by this paragraph to be given to a consumer that has been selected, or has purportedly been selected, to participate in a promotion. If the original notice is in writing, it shall include all of the disclosures required by this paragraph. If the original notice is oral, it shall include all of the disclosures required by this paragraph and shall be followed by a written notice to the consumer of the same disclosures. In all cases, written notice shall be received by the consumer before any agreement or other arrangement is entered into which obligates the consumer in any manner. (iv) `Participant' means a person who is offered an opportunity to participate in a promotion. (v) `Promoter' means the person conducting the promotion. (vi) `Sponsor' means the person on whose behalf the promotion is conducted in order to promote or advertise the goods, services, or property of that person.

Page 1038

(vii) `Verifiable retail value,' when referring to a prize, means: (I) The price at which the promoter or sponsor can substantiate that a substantial number of those prizes have been sold at retail by someone other than the promoter or sponsor; or (II) In the event that substantiation as described in subdivision (I) of this division is not readily available to the promoter or sponsor, no more than three times the amount which the promoter or sponsor has actually paid for the prize. (A.1) Persons who are offered an opportunity to participate in a promotion must be given a notice as required by this paragraph. The written notice must be given to the participant either prior to the person's traveling to the place of business or, if no travel by the participant is necessary, prior to any seminar, sales presentation, or other presentation, by whatever name denominated. Written notices may be delivered by hand, by mail, by newspaper, or by periodical. Any offer to participate made through any other medium must be preceded by or followed by the required notice at the required time. It is the intent of this paragraph that full, clear, and meaningful disclosure shall be made to the participant in a manner such that the participant can fully study and understand the disclosure prior to deciding whether to travel to the place of participation or whether to allow a presentation to be made in the participant's home; and that this paragraph be liberally construed to effect this purpose. The notice requirements of this paragraph shall be applicable to any promotion offer made by any person in the State of Georgia or any promotion offer made to any person in the State of Georgia; (B) The promotion must be an advertising and promotional undertaking, in good faith, solely for the purpose of advertising the goods, services, or property, real or personal, of the sponsor. The notice shall contain the name and address of the promoter and of the sponsor, as applicable. The promoter and the sponsor may be held liable for any failure to comply with the provisions of this paragraph; (C) A promotion shall be a violation of this paragraph if a person is required to pay any money or furnish any consideration for the prize, other than the consideration of traveling to the place of business or to the presentation or of allowing the presentation to be made in the participant's home, in order to receive any prize; provided, however, that the payment of any deposit made in connection with an activity described in subparagraph (B) of paragraph (22) of this subsection shall not constitute a requirement to pay any money under this subparagraph; (D) Each notice must state the verifiable retail value of each prize which the participant has a chance of receiving. Each notice must

Page 1039

state the odds of the participant's receiving each prize if there is an element of chance involved. The odds must be clearly identified as `odds.' Odds must be stated as the total number of that particular prize which will be given and of the total number of notices. The total number of notices shall include all notices in which that prize may be given, regardless of whether it includes notices for other sponsors. If the odds of winning a particular prize would not be accurately stated on the basis of the number of notices, then the odds may be stated in another manner, but must be clearly stated in a manner which will not deceive or mislead the participant regarding the participant's chance of receiving the prize. The verifiable retail value and odds for each prize must be stated in conjunction and in immediate proximity with each listing of the prize in each place where it appears on the written notice and must be listed in the same size type and same boldness as the prize. Odds and verifiable retail values may not be listed in any manner which requires the participant to refer from one place in the written notice to another place in the written notice to determine the odds and verifiable retail value of the particular prize. Verifiable retail values shall be stated in Arabic numerals; (E) Upon arriving at the place of business or upon allowing the sponsor to enter the participant's home, the participant must be immediately informed which, if any, prize the participant will receive prior to any seminar, sales presentation, or other presentation; and the prize, or any voucher, certificate, or other evidence of obligation in lieu of the prize, must be given to the participant at the time the participant is so informed; (F) No participant shall be required or invited to view, hear, or attend any sales presentation, by whatever name denominated, unless such requirement or invitation has been conspicuously disclosed to the participant in the written notice in at least ten-point boldface type; (G) Except in relation to an activity described in subparagraph (B) of paragraph (22) of this subsection, in no event shall any prize be offered or given which will require the participant to purchase additional goods or services, including shipping fees, handling fees, or any other charge by whatever name denominated, from any person in order to make the prize conform to what it reasonably appears to be in the mailing or delivery, unless such requirement and the additional cost to the participant is clearly disclosed in each place where the prize is listed in the written notice using a statement in the same size type and boldness as the prize listed; (H) Any limitation on eligibility of participants must be clearly disclosed in the notice;

Page 1040

(I) Substitutes of prizes shall not be made. In the event the represented prize is unavailable, the participant shall be presented with a certificate which the sponsor shall honor within 30 days by shipping the prize, as represented in the notice, to the participant at no cost to the participant. In the event a certificate cannot be honored within 30 days, the sponsor shall mail to the participant a valid check or money order for the verifiable retail value which was represented in the notice; (J) In the event the participant is presented with a voucher, certificate, or other evidence of obligation as the participant's prize, or in lieu of the participant's prize, it shall be the responsibility of the sponsor to honor the voucher, certificate, or other evidence of obligation, as represented in the notice, if the person who is named as being responsible for honoring the voucher, certificate, or other evidence of obligation fails to honor it as represented in the notice; (K) The geographic area covered by the notice must be clearly stated. If any of the prizes may be awarded to persons outside of the listed geographical area or to participants in promotions for other sponsors, these facts must be clearly stated, with a corresponding explanation that every prize may not be given away by that particular sponsor. If prizes will not be awarded or given if the winning ticket, token, number, lot, or other device used to determine winners in that particular promotion is not presented to the promoter or sponsor, this fact must be clearly disclosed; (L) Upon request of the administrator, the sponsor or promoter must within ten days furnish to the administrator the names, addresses, and telephone numbers of persons who have received any prize; (M) A list of all winning tickets, tokens, numbers, lots, or other devices used to determine winners in promotions involving an element of chance must be prominently posted at the place of business or distributed to all participants if the seminar, sales presentation, or other presentation is made at a place other than the place of business. A copy of such list shall be furnished to each participant who so requests; (N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery; (O) Any person who participates in a promotion and does not receive an item which conforms with what that person, exercising

Page 1041

ordinary diligence, reasonably believed that person should have received based upon the representations made to that person may bring the private action provided for in Code Section 10-1-399 and, if that person prevails, shall be awarded, in addition to any other recovery provided under this part, a sum which will allow that person to purchase an item at retail which reasonably conforms to the prize which that person, exercising ordinary diligence, reasonably believed that person would receive; and (P) In addition to any other remedy provided under this part, where a contract is entered into while participating in a promotion which does not conform with this paragraph, the contract shall be voidable by the participant for ten business days following the date of the participant's receipt of the prize. In order to void the contract, the participant must notify the sponsor in writing within ten business days following the participant's receipt of the prize; (17) Failure to furnish to the buyer of any campground membership or marine membership at the time of purchase a notice to the buyer allowing the buyer seven days to concel the purchase. The notice shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows: `Notice to the Buyer Please read this form completely and carefully. It contains valuable cancellation rights. The buyer or buyers may cancel this transaction at any time prior to 5:00 P.M. of the seventh day following receipt of this notice. This cancellation right cannot be waived in any manner by the buyer or buyers. Any money paid by the buyer or buyers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and mail by certified mail, return receipt requested, by 5:00 P.M. of the seventh day following the transaction. Be sure to keep a photocopy of the signed form and your post office receipt. __________ Seller's Name __________ Address to which cancellation is to be mailed __________

Page 1042

I (we) hereby cancel this transaction. __________ Buyer's Signature __________ Buyer's Signature __________ Date __________ Printed Name(s) of Buyer(s) __________ Street Address __________ City, State, ZIP Code' (18) Failure of the seller of a campground membership or marine membership to fill in the seller's name and the address to which cancellation notices should be mailed on the form specified in paragraph (17) of this subsection; (19) Failure of the seller of a campground membership or marine membership to cancel according to the terms specified in the form described in paragraph (17) of this subsection; (20) (A) Representing that moneys provided to or on behalf of a debtor, as defined in Code Section 44-14-162.1 in connection with property used as a dwelling place by said debtor, are a loan if in fact they are used to purchase said property and any such misrepresentation upon which is based the execution of a quitclaim deed or warranty deed by that debtor shall authorize that debtor to bring an action to reform such deed into a deed to secure debt in addition to any other right such debtor may have to cancel the deed pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. (B) Advertising to assist debtors whose loan for property the debtors use as a dwelling place is in default with intent not to assist them as advertised or making false or misleading representations to such a debtor about assisting the debtor in connection with said property. (C) Failing to comply with the following provisions in connection with the purchase of property used as a dwelling place by a debtor

Page 1043

whose loan for said property is in default and who remains in possession of this property after said purchase: (i) A written contract shall be employed by the buyer which shall summarize and incorporate the entire agreement between the parties, a fully completed copy of which shall be furnished to the debtor at the time of its execution. Said contract shall show the date of the transaction and the name and address of the parties; shall state, in plain and bold language, that the subject transaction is a sale; and shall indicate the amount of cash proceeds and the amount of any other financial benefits that the debtor will receive; (ii) This contract shall contain a statement in boldface type which complies substantially with the following: `The provisions of this agreement have been fully explained to me. I understand that under this agreement I am selling my house to the other undersigned party.' This statement shall be signed by the debtor and the buyer; (iii) If a lease or rental agreement is executed in connection with said sale, it shall set forth the amount of monthly rent and shall state, in plain and bold language, that the debtor may be evicted for failure to pay said rent. Should an option to purchase be included in this lease, it shall state, in plain and bold language, the conditions that must be fulfilled in order to exercise it; and (iv) The buyer shall furnish to the seller at the time of closing a notice to the seller allowing the seller ten days to cancel the purchase. This right to cancel shall not limit or otherwise affect the seller's right to cancel pursuant to Code Section 23-2-2, 23-2-60, or any other applicable provision of law. The notice shall serve as the cover sheet to the closing documents. It shall be on a separate sheet of paper with no other written or pictorial material, in at least ten-point boldface type, double spaced, and shall read as follows: `Notice to the Seller Please read this form completely and carefully. It contains valuable cancellation rights. The seller or sellers may cancel this transaction at any time prior to 5:00 P.M. of the tenth day following receipt of this notice. This cancellation right cannot be waived in any manner by the seller or sellers.

Page 1044

Any money paid to the seller or sellers must be returned by the seller within 30 days of cancellation. To cancel, sign this form, and return it to the buyer by 5:00 P.M. of the tenth day following the transaction. It is best to mail it by certified mail, return receipt requested, and to keep a photocopy of the signed form and your post office receipt. __________ Buyer's Name __________ Address to which cancellation __________ is to be returned I (we) hereby cancel this transaction. __________ Seller's Signature __________ Seller's Signature __________ Date __________ Printed Name(s) of Seller(s) __________ Street Address __________ City, State, ZIP Code' (D) The provisions of subparagraph (C) of this paragraph shall only apply where all three of the following conditions are present: (i) A loan on the property used as a dwelling place is in default; (ii) The debtor transfers the title to the property by quitclaim deed, limited warranty deed, or general warranty deed; and (iii) The debtor remains in possession of the property under a lease or as a tenant at will:

Page 1045

(21) Advertising a telephone number the prefix of which is 976 and which when called automatically imposes a per-call charge or cost to the consumer, other than a regular charge imposed for long-distance telephone service, unless the advertisement contains the name, address, and telephone number of the person responsible for the advertisement and unless the person's telephone number and the per-call charge is printed in type of the same size as that of the number being advertised; (22) Representing, in connection with a vacation, holiday, or an item described by terms of similar meaning, or implying that: (A) A person is a winner, has been selected or approved, or is in any other manner involved in a select or special group for receipt of an opportunity or prize, or that a person is entering a contest, sweepstakes, drawing, or other competitive enterprise from which a winner or select group will receive an opportunity or prize, when in fact the enterprise is designed to make contact with prospective customers, or in which all or a substantial number of those entering such competitive enterprise receive the same prize or opportunity; or (B) In connection with the types of representations referred to in subparagraph (A) of this paragraph, representing that a vacation, holiday, or an item described by other terms of similar meaning, is being offered, given, awarded, or otherwise distributed unless: (i) The item represented includes all transportation, meals, and lodging; (ii) The representation specifically describes any transportation, meals, or lodging which are not included; or (iii) The representation discloses that a deposit is required to secure a reservation, if that is the case. The provisions of this paragraph shall not apply where the party making the representations is in compliance with paragraph (16) of this subsection; (23) Except in relation to an activity which is in compliance with paragraphs (16) or (22) of this subsection, stating, in writing or by telephone, that a person has won, is the winner of, or will win or receive anything of value, unless the person will receive the prize without obligation; (24) (A) Conducting a going-out-of-business sale for more than 90 days. (B) After the 90 day time limit in subparagraph (A) of this paragraph has expired, continuing to do business in any manner

Page 1046

contrary to any representations which were made regarding the nature of the going-out-of-business sale. (C) The prohibitions of this paragraph shall not extend to any of the following: (i) Sales for the estate of a decedent by the personal representative or the personal representative's agent, according to law or by the provisions of the will; (ii) Sales of property conveyed by security deed, deed of trust, mortgage, or judgment or ordered to be sold according to the deed, mortgage, judgment, or order; (iii) Sales of all agricultural produce and livestock arising from the labor of the seller or other labor under the seller's control on or belonging to the seller's real or personal estate and not purchased or sold for speculation; (iv) All sales under legal process; (v) Sales by a pawnbroker or loan company which is selling or offering for sale unredeemed pledges of chattels as provided by law; or (vi) Sales of automobiles by an auctioneer licensed under the laws of the State of Georgia; (25) The issuance of a check or draft by a lender in connection with a real estate transaction in violation of Code Section 44-14-13; (26) With respect to any individual or facility providing personal care services: (A) Any person or entity not duly licensed or registered as a personal care home formally or informally offering, advertising to, or soliciting the public for residents or referrals; (B) Any personal care home, as defined in subsection (a) of Code Section 31-7-12, offering, advertising, or soliciting the public to provide services: (i) Which are outside the scope of personal care services; and (ii) For which it has not been specifically authorized. Nothing in this subparagraph prohibits advertising by a personal care home for services authorized by the Department of Human Resources under a waiver or variance pursuant to subsection (b) of Code Section 31-2-4; (C) For purposes of this paragraph, `personal care' means protective care and watchful oversight of a resident who needs a watchful environment but who does not have an illness, injury, or disability

Page 1047

which requires chronic or convalescent care including medical and nursing services. The provisions of this paragraph shall be enforced following consultation with the Department of Human Resources which shall retain primary responsibility for issues relating to licensure of any individual or facility providing personal care services; (27) Mailing any notice, notification, or similar statement to any consumer regarding winning or receiving any prize in a promotion, and the envelope or other enclosure for the notice fails to conspicuously identify on its face that the contents of the envelope or other enclosure is a commercial solicitation and, if there is an element of chance in winning a prize, the odds of winning as `odds'; (28) Any violation of the rules and regulations promulgated by the Department of Human Resources pursuant to subsection (e) of Code Section 40-5-83 which relates to the consumer transactions and business practices of DUI Alcohol or Drug Use Risk Reduction Programs, except that the Department of Human Resources shall retain primary jurisdiction over such complaints; (29) With respect to any consumer reporting agency: (A) Any person who knowingly and willfully obtains information relative to a consumer from a consumer reporting agency under false pretenses shall be guilty of a misdemeanor; (B) Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be guilty of a misdemeanor; and (C) Each consumer reporting agency which compiles and maintains files on consumers on a nation-wide basis shall furnish to any consumer who has provided appropriate verification of his or her identity two complete consumer reports per calendar year, upon request and without charge; or (30) With respect to any individual or facility providing home health services: (A) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to regularly hold itself out as a home health agency; or (B) For any person or entity not duly licensed by the Department of Human Resources as a home health agency to utilize the words `home health' or `home health services' in any manner including but not limited to advertisements, brochures, or letters. Unless otherwise prohibited by law, nothing in this subparagraph shall be

Page 1048

construed to prohibit persons or entities from using the words `home health' or `home health services' in conjunction with the words `equipment,' `durable medical equipment,' `pharmacy,' `pharmaceutical services,' `prescription medications,' `infusion therapy,' or `supplies' in any manner including but not limited to advertisements, brochures, or letters. An unlicensed person or entity may advertise under the category `home health services' in any advertising publication which divides its advertisements into categories, provided that: (i) The advertisement is not placed in the category with the intent to mislead or deceive; (ii) The use of the advertisement in the category is not part of an unfair or deceptive practice; and (iii) The advertisement is not otherwise unfair, deceptive, or misleading. For purposes of this paragraph, the term `home health agency' shall have the same definition as contained in Code Section 31-7-150, as now or hereafter amended. The provisions of this paragraph shall be enforced by the administrator in consultation with the Department of Human Resources; provided, however, that the administrator shall not have any responsibility for matters or functions related to the licensure of home health agencies. (c) A seller may not by contract, agreement, or otherwise limit the operation of this part notwithstanding any other provision of law. (d) Notwithstanding any other provision of the law to the contrary, the names, addresses, telephone numbers, social security numbers, or any other information which could reasonably serve to identify any person making a complaint about unfair or deceptive acts or practices shall be confidential. However, the complaining party may consent to public release of his or her identity by giving such consent expressly, affirmatively, and directly to the administrator or administrator's employees. Nothing contained in this subsection shall be construed to prevent the subject of the complaint, or any other person to whom disclosure to the complainant's identity may aid in resolution of the complaint, from being informed of the identity of the complainant, to prohibit any valid discovery under the relevant discovery rules, or to prohibit the lawful subpoena of such information. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1049

CRIMES AND OFFENSES GEORGIA CONTROLLED SUBSTANCES ACT AMENDED; DRUG-FREE COMMERCIAL ZONES; CERTAIN ACTIVITIES WITHIN ZONES PROHIBITED; PENALTIES; VARIOUS RELATED PROVISIONS. Code Section 16-13-32.6 Enacted. No. 936 (House Bill No. 1654). AN ACT To amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with intent to distribute a controlled substance or marijuana in, on, or within any real property which has been designated by the governing authority of a municipality or county and adopted by the General Assembly as a drug-free commercial zone; to provide penalties; to provide for sentencing and to authorize certain conditions of probation or parole; to provide that any municipality or county may designate one or more commercial areas where there is a high rate of drug related crime as drug-free commercial zones; to limit the area of drug-free commercial zones; to provide that any municipality or county which designates one or more areas as drug-free commercial zones shall be required to make such designations by ordinance, to post prominent and conspicuous signs on the boundaries of and throughout any such drug-free commercial zone, and to file with the Department of Community Affairs maps with descriptions of such drug-free commercial zones and reports of drug related crimes in such drug-free commercial zone areas; to provide for the revision of drug-free commercial zones; to provide that such drug-free commercial zones shall remain in effect for only five years; to provide for the redesignation of drug-free commercial zones; to provide for the adoption of drug-free commercial zones by the General Assembly; to require certain municipal or county officials to perform certain duties; to provide for certain publications in the legal organ; to provide for the admittance of certain evidence; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Controlled Substances Act, is amended by adding between Code Section 16-13-32.5 and 16-13-33 a new Code Section 16-13-32.6 to read as follows: 16-13-32.6. (a) It shall be unlawful for any person to illegally manufacture, distribute, dispense, or possess with intent to distribute a controlled substance

Page 1050

or marijuana in, on, or within any real property which has been designated under this Code section as a drug-free commercial zone. (b)(1) Any person who violates or conspires to violate subsection (a) of this Code section shall be guilty of a felony and upon conviction shall receive the following punishment: (A) Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or (B) Upon a second or subsequent conviction, imprisonment for not less than five years nor more than 40 years or a fine of not more than $40,000.00, or both. (2) A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. (3) Any person convicted of a violation of subsection (a) of this Code section may, as a condition of probation or parole, be required by the sentencing court or State Board of Pardons and Paroles to refrain for a period of not more than 24 months from entering or at any time being within the boundaries of the drug-free commercial zone wherein such person was arrested for a violation of this Code section. Any person arrested for violation of his or her terms of probation shall be governed by the provisions of Code Section 42-8-38 and any person arrested for a violation of his or her terms of parole shall be governed by the provisions of Article 2 of Chapter 9 of Title 42. (c) A conviction arising under this Code section shall not merge with a conviction arising under any other provision of this article. (d) Any municipality or county may designate one or more commercial areas where there is a high rate of drug related crime as drug-free commercial zones. A drug-free commercial zone may include only an area which the municipality or county has previously zoned commercial pursuant to its planning and zoning powers and any residential area contiguous to such commercially zoned area extending not more than one-half mile from the external boundary of any portion of the commercially zoned area. A municipality or county which designates one or more areas as drug-free commercial zones shall be required to make such designations by ordinance and shall be required to post prominent and conspicuous signs on the boundaries of and throughout any such drug-free commercial zone. A municipality or county shall be required to file with the Department of Community Affairs a copy of each ordinance which shall have attached a clearly defined map describing each drug-free commercial zone and a report evidencing all drug related crimes in such drug-free commercial zone area during the 12 months preceding the enactment of such ordinance. A municipality or county shall also be required to file with the Department of Community Affairs, during the period that a drug-free commercial zone is in effect, annual

Page 1051

reports evidencing all drug related crimes in such drug-free commercial zone. Such ordinances, maps, and drug crime reports shall be maintained in a permanent register by such department, and copies of such ordinances, maps, and drug crime reports of drug-free commercial zones shall be made available to the public at a reasonable cost. A drug-free commercial zone shall not be effective and valid for the purposes of this Code section until it has been adopted by the General Assembly by general law. After the General Assembly has adopted one or more drug-free commercial zones, the governing authority of each municipality or county which has such a zone or zones designated and adopted shall be required to have a description of each such zone published in the legal organ of the municipality or county at least once a week for three weeks. A drug-free commercial zone adopted by the General Assembly shall remain in effect for five years and shall expire five years from the effective date of such adoption by the General Assembly. An area which has been a drug-free commercial zone may be continued as or again designated as a drug-free commercial zone upon the enactment of an ordinance and adoption thereof by the General Assembly in accordance with the provisions of this subsection. No arrest for a violation of this Code section shall be permissible for a period of 30 days immediately following the effective date of the adoption of such drug-free commercial zone by the General Assembly. (e) In a prosecution under this Code section, a true copy of a map produced or reproduced by any municipal or county agency or department for the purpose of depicting the location and boundaries of any drug-free commercial zone and filed and on record at the Department of Community Affairs shall, if certified as a true copy by the custodian of such records at such department, be admissible and shall constitute prima-facie evidence of the location and boundaries of such zone. A map approved under this Code section may be revised from time to time by the governing body of the municipality or county; provided, however, that a revised map shall not become effective and the revised area shall not be a drug-free commercial zone until the revised map has been filed with the Department of Community Affairs and adopted by the General Assembly by general law; provided, further, that the revision of a drug-free commercial zone shall not extend the expiration date of such a drug-free commercial zone. The original copy of every map approved or revised under this subsection or a true copy of such original map shall be filed with the Department of Community Affairs and shall be maintained as an official record of the department. This subsection shall not preclude the prosecution from introducing or relying upon any other evidence or testimony to establish any element of this offense. (f) The General Assembly hereby adopts and incorporates into this Code section all drug-free commercial zones which have been adopted by municipal or county ordinance and entered in the register of the

Page 1052

Department of Community Affairs as provided for in subsection (d) of this Code section as of January 1, 1996. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HIGHWAYS, BRIDGES, AND FERRIES CONTROL OF SIGNS AND SIGNALS ON STATE HIGHWAY SYSTEM; MULTIPLE MESSAGE SIGNS; DIRECTIONAL SIGNS. Code Sections 32-6-71, 32-6-75, and 32-6-76 Amended. No. 937 (House Bill No. 1689). AN ACT To amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, so as to provide that multiple message signs shall be permitted on the interstate system, primary highways, and other highways under certain conditions; to define a certain term; to change the definition of a certain term; to change the provisions relating to restrictions on outdoor advertising authorized by paragraphs (4) through (6) of Code Section 32-6-72 and by paragraph (4) of Code Section 32-6-73; to provide for multiple message signs which were not in conformity with certain prior laws; to provide a permitting procedure for such signs; to provide for administrative procedures; to provide a certain presumption of eligibility for a permit; to provide a presumption that such a sign has been abandoned; to change a certain reference; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to the control of signs and signals on the state highway system, is amended by adding between paragraphs (11) and (12) of Code Section 32-6-71, relating to definitions applicable to said part, a new paragraph (11.1) to read as follows: (11.1) `Multiple message sign' means a sign, display, or device which changes the message or copy on the sign electronically by movement or rotation of panels or slats.

Page 1053

SECTION 2. Said part is further amended by striking in its entirety paragraph (23) of Code Section 32-6-71, relating to definitions applicable to said part, and inserting in lieu thereof a new paragraph (23) to read as follows: (23) `Specific interest of the traveling public' means information regarding places offering lodging, food, motor vehicle fuels and lubricants, motor vehicle service and repair facilities, or any other service or product available to the general public, including, but not limited to, publicly or privately owned natural phenomena; historic, cultural, scientific, educational, or religious sites; and areas of natural scenic beauty or areas naturally suited for outdoor recreation. SECTION 3. Said part is further amended by striking in its entirety Code Section 32-6-75, relating to restrictions on outdoor advertising authorized by paragraphs (4) through (6) of Code Section 32-6-72 and by paragraph (4) of Code Section 32-6-73, and inserting in lieu thereof a new Code Section 32-6-75 to read as follows: 32-6-75. (a) No sign authorized by paragraphs (4) through (6) of Code Section 32-6-72 and paragraph (4) of Code Section 32-6-73 shall be erected or maintained which: (1) Advertises an activity that is illegal under Georgia or federal laws or regulations in effect at the location of such sign or at the location of such activity; (2) Is obsolete; (3) Is not structurally safe, clean, and in good repair; (4) Is not securely affixed to a substantial structure which is permanently attached to the ground; (5) Is attached to, drawn, or painted upon trees, rocks, or other natural features; (6) Moves or has any moving or animated parts, except as expressly allowed under subsection (b) of this Code section; (7) Emits or utilizes in any manner any sound capable of being detected on the main traveled way by a person with normal hearing; (8) If illuminated, contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights except those giving public service information such as time, date, temperature, weather, or other similar information. The illumination of multiple message signs is not illumination by flashing, intermittent, or moving light or lights, except

Page 1054

that no multiple message sign may include any illumination which is flashing, intermittent, or moving when the sign is in a fixed position; (9) If illuminated, is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way, which beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with the operation of a motor vehicle; (10) If illuminated, is illuminated so that it obscures or interferes with the effectiveness of an official traffic sign, device, or signal; (11) Contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, in excess of 1,200 square feet or exceeding 30 feet in height or 60 feet in length, inclusive of any border and trim but excluding the base, apron, supports, and other structural members; provided, however, that, in counties having a population greater than 500,000 according to the United States decennial census for 1970 or any such future census, the maximum size of 1,200 square feet, the maximum height of 30 feet, and the maximum length of 60 feet may be exceeded, but in no event shall any such sign exceed 3,000 square feet; provided, further, that no such oversize signs shall be erected after July 1, 1973; (12) Contains more than two faces visible from the same direction on the main-traveled way. Double-faced, back-to-back, and V-type constructed signs shall, for the purpose of determining compliance with size and spacing limitations, be considered as one sign; (13) Is in an area not zoned for commercial or industrial activity and within 300 feet of a residence without the written consent of the owner; (14) Is within 500 feet of a public park, public playground, public recreation area, public forest, scenic area, or cemetery; (15) Is located so as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal, or device; (16) Is located so as to obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic; (17) Is located adjacent to an interstate highway and which is within 500 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 500 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 500 foot zone is visible from the interstate highway at any time;

Page 1055

(18) Is located outside of the corporate limits of a municipality and adjacent to an interstate highway within 500 feet of an interchange, intersection at grade, or safety rest area. The foregoing 500 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way; (19) Is located outside of the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 300 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 300 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 300 foot zone is visible from the primary system highway at any one time; or (20) Is located within the corporate limits of a municipality and adjacent to a highway on the primary system and which is within 100 feet of another sign on the same side of the highway; provided, however, that such sign may be located within 100 feet of another sign when the signs are separated by buildings or other obstructions so that only one sign face located within the 100 foot zone is visible from the primary system highway at any one time. (b)(1) Multiple message signs shall be permitted on the interstate system, primary highways, and other highways under the following conditions: (A) Each sign shall remain fixed for at least ten seconds; (B) When a message is changed, it shall be accomplished in three seconds or less; (C) No such sign shall be placed within 5,000 feet of another multiple message sign on the same side of the highway; (D) Any such sign shall contain a default design that will freeze the sign in one position if a malfunction occurs; and (E) Any maximum size limitations shall apply independently to each side of a multiple message sign. (2) If a multiple message sign on a primary highway or other highway is in violation of any of the above conditions, its permit shall be revoked and the sign shall be removed. During the appeal of any violations of paragraph (1) of this subsection, the sign shall remain fixed until the matter is resolved. The commissioner may allow the continued operation of a multiple message sign during part or all of the appeals process. (3) After the effective date of this subsection, all persons, firms, or corporations who have signs that were illegal signs under previous law,

Page 1056

but which are legal signs under the provisions of this subsection, shall have a one-year period during which time they shall be required to file an application for a permit issued by the department. Applications for such permits shall be made upon forms prescribed and provided by the department and shall contain the signature of the applicant and such other information as may be required by the department rules and regulations. The department shall have a period of 60 days from the date such an application is received to process it. If, at the end of this 60 day period, the department has failed to approve or deny an application in proper form, it shall be conclusively presumed for all purposes that the sign can be permitted and the department must issue the permit within a reasonable time. Should the department deny the application, the applicant may seek relief in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' In cases where the applicant fails to exhaust the procedures prescribed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the department's denial of the permit request will be final and the sign shall then become an illegal sign as defined by paragraph (6) of Code Section 32-6-71 and shall be subject to removal under the terms of this part. If the owner of the sign fails to apply properly for a permit and it is conclusively presumed that the sign has been abandoned, the sign shall remain an illegal sign as defined by paragraph (6) of Code Section 32-6-71 and the sign shall be subject to removal under the terms of this part. SECTION 4. Said part is further amended by striking in its entirety Code Section 32-6-76, relating to restrictions on directional signs generally, and inserting in lieu thereof a new Code Section 32-6-76 to read as follows: 32-6-76. Paragraphs (1) through (7), (9), (10), (13) through (17), (19), and (20) of subsection (a) of Code Section 32-6-75 are applicable to directional signs authorized by paragraph (1) of Code Section 32-6-72 and paragraph (1) of Code Section 32-6-73; and, in addition thereto, no directional sign shall be erected or maintained which: (1) Is located in a rest area, parkland, or scenic area; (2) Contains an area, to be measured by the smallest square, rectangle, triangle, circle, or combination thereof, which encompasses the entire sign, in excess of 150 square feet or exceeding 20 feet in height or 20 feet in length, inclusive of any border and trim but excluding the base, apron, supports, and other structural members; (3) Contains, includes, or is illuminated by any flashing, intermittent, or moving light or lights;

Page 1057

(4) Is located adjacent to an interstate highway and which is within 2,000 feet of an interchange or intersection at grade. The foregoing 2,000 foot zone shall be measured along the interstate highway from the point at which the pavement commences or ceases to widen at exits from or entrances to the main traveled way; (5) Is located within 2,000 feet of a rest area, parkland, or scenic area; (6) Is located within one mile of another directional sign facing the same direction of travel; (7) Creates the existence of more than three directional signs pertaining to the same activity facing the same direction of travel along a single route approaching the activity; (8) Is located along the interstate system at a point more than 75 air miles from the advertised activity; (9) Is located along the primary system at a point more than 50 air miles from the advertised activity; (10) Contains information other than the identification of the attraction or activity and directional information useful to the traveler in locating the attraction, such as mileage, route numbers, or exit numbers. The sign shall not contain descriptive words, phrases, or pictorial or photographic representations of the activity or its environs; (11) Advertises privately owned activities or attractions other than natural phenomena, scenic attractions, historic, educational, cultural, scientific, and religious sites, and outdoor recreational areas and which are nationally or regionally known and are of outstanding interest to the traveling public, as determined by the State Transportation Board. 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 15, 1996.

Page 1058

COMMERCE AND TRADE MOTOR VEHICLE SALES AND FINANCE ACT AMENDED; DELINQUENCY CHARGES ON INSTALLMENTS FOR CERTAIN TRUCKS LIMITED; UNLAWFUL MOTOR VEHICLE FRANCHISE PRACTICES; CERTAIN FRANCHISOR ACTIONS PROHIBITED. Code Sections 10-1-32 and 10-1-662 Amended. No. 938 (House Bill No. 1728). AN ACT To amend Article 2 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the Motor Vehicle Sales Finance Act, so as to change the provisions relating to delinquency charges; to amend Code Section 10-1-662 of the Official Code of Georgia Annotated, relating to unlawful motor vehicle franchisor practices, so as to prohibit franchisors from conducting audits of or basing decisions adverse to a dealer on activity or transactions more than two years old; to prohibit a franchisor from canceling a franchise under certain circumstances; to prohibit certain pricing practices by franchisors; 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 1 of Title 10 of the Official Code of Georgia Annotated, known as the Motor Vehicle Sales Finance Act, is amended by striking subsection (g) of Code Section 10-1-32, relating to requirements for retail installment contracts, insurance, delinquency charges, attorneys' fees, and costs, and inserting in lieu thereof a new subsection (g) to read as follows: (g) The holder may, if the contract or refinancing agreement so provides, collect 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 5 percent of the installment or $50.00, whichever is less; provided, however, that if the contract or refinancing agreement is related to a truck with a gross vehicle weight rating (GVWR) exceeding 6,000 pounds (size Class 3 and above), truck tractor, trailer, or semi-trailer used primarily for business or commercial purposes, such delinquency charge may not exceed 5 percent of the installment. A delinquent charge shall not be collected more than once for the same default. In addition to the delinquency and collection charge, the contract may provide for the payment of reasonable attorneys' fees where the contract is referred for collection to an attorney not a salaried employee of the holder of the contract, plus the court costs.

Page 1059

SECTION 2. Code Section 10-1-662 of the Official Code of Georgia Annotated, relating to unlawful motor vehicle franchisor practices, is amended by striking subsection (a) and inserting in lieu thereof the following: (a) It shall be unlawful for any franchisor: (1) To delay, refuse, or fail to deliver new motor vehicles or new motor vehicle parts or accessories in a reasonable time and in reasonable quantity if such vehicles, parts, or accessories are publicly advertised as being available for immediate delivery. This paragraph is not violated, however, if such failure is caused by acts or causes beyond the control of the franchisor; (2) To obtain money, goods, services, or any other benefit from any other person with whom the dealer does business, on account of, or in relation to, the transaction between the dealer and such other person, other than as compensation for services rendered, unless such benefit is promptly accounted for and transmitted to the dealer; (3) To release to any outside party, except under subpoena or as otherwise required by law or in an administrative, judicial, or arbitration proceeding involving the franchisor or dealer, any business, financial, or personal information which may be from time to time provided by the dealer to the franchisor, without the express written consent of the dealer; (4) To resort to or to use any false or intentionally deceptive advertisement in the conduct of business as a franchisor in this state; (5) To make any false or intentionally deceptive statement, either directly or through any agent or employee, in order to induce any dealer to enter into any agreement or franchise or to take any action which is prejudicial to that dealer or that dealer's business; (6) To require any dealer to assent prospectively to a release, assignment, novation, waiver, or estoppel which would relieve any person from liability to be imposed by law or to require any controversy between a dealer and a franchisor to be referred to any person other than the duly constituted courts of the state or the United States if such referral would be binding upon the dealer, provided that this Code section shall not prevent any dealer from entering into a valid release agreement with the franchisor; (7) To fail to observe good faith in any aspect of dealings between the franchisor and the dealer; (8) To deny any dealer the right of free association with any other dealer for any lawful purposes;

Page 1060

(9) To engage in any predatory practice or discrimination against any dealer; (10) To propose or make any material change in any franchise agreement without giving the dealer written notice by certified mail of such change at least 60 days prior to the effective date of such change; (11) To cancel a franchise or to take any adverse action against a dealer based in whole or in part on the failure of the dealer to meet the performance goals of the manufacturer when that failure is due to the failure of the franchisor to supply, within a reasonable period of time, new motor vehicles ordered by or allocated to the dealer; (12) To offer to sell or lease or to sell or lease any new motor vehicle or accessory to any dealer at a lower actual price therefor than the actual price offered to any other dealer for the same model vehicle similarly equipped or same accessory or to use any device, including but not limited to an incentive, sales promotion plan, or other similar program, which results in a lower actual price of a vehicle or accessory being offered to one dealer and which is not offered to other dealers of vehicles of the same line-make or the same accessory; or (13) Except as provided in subsection (c) of Code Section 10-1-641, to conduct an audit, investigation, or inquiry of any dealer or dealership as to any activity, transaction, conduct, or other occurrence which took place more than two years prior to such audit, investigation, or inquiry or to base any decision adverse to the dealer or dealership on any activity, transaction, conduct, or other occurrence which took place more than two years prior to such decision. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. This Act shall apply only to franchise agreements made, entered into, renewed, continued, or extended on or after the date this Act becomes effective. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1061

MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; DISSEMINATION OF CERTAIN APPLICANT INFORMATION BY DEPARTMENT OF PUBLIC SAFETY FOR MILITARY RECRUITMENT PURPOSES. Code Section 40-5-2 Amended. No. 939 (House Bill No. 1736). AN ACT To amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the requirement that the Department of Public Safety keep records of applications for licenses and information on drivers' licenses and the furnishing of such information, so as to authorize the Department of Public Safety to provide access to and disseminate information from its records to the military branches of the United States Department of Defense for the sole purpose of mailing recruiting and job opportunity information; to limit the information which may be released by the department; to provide that such information released shall not be further disseminated by the military; to authorize the department to charge a reasonable fee to defray the costs of providing such information; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to the requirement that the Department of Public Safety keep records of applications for drivers' licenses and information on licenses and the furnishing of such information, is amended by striking subsection (g) in its entirety and inserting in lieu thereof a new subsection (g) to read as follows: (g)(1) The department may, upon request, disseminate from its records to the United States Selective Service System and the Georgia Crime Information Center compilations of the names, addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shall only be used in the fulfillment of the legitimate governmental duties of the United States Selective Service System and the Georgia Crime Information Center and shall not be further disseminated to any person. The department is further authorized to promulgate rules, regulations, or policies governing the means by which such information will be disseminated from its records to the United States Selective Service System and the Georgia Crime Information Center and is further authorized to charge a fee to defray actual expenses incurred in disseminating such information.

Page 1062

(2) Notwithstanding any other provisions of this Code section, the department may, upon request not to exceed more than once every two months, provide access to and disseminate information from its records, including compilations of the names, dates of birth, sex, and addresses of licensees between the ages of 16 and 24 to the military branches of the United States Department of Defense for the sole purpose of mailing recruiting and job opportunity information. Any information provided pursuant to this paragraph shall be limited to only the names, dates of birth, sex, and most current addresses of licensees or applicants for licenses and shall only be used by the military branches of the United States Department of Defense in connection with the mailing of recruiting and job opportunity information. Such information shall not be further disseminated for purposes other than the dissemination of recruiting and job opportunity information. The department is authorized to promulgate rules, regulations, or policies governing the means by which access to its records will be afforded and is further authorized to charge a reasonable fee to defray actual costs incurred in affording access to or disseminating information contained in its records. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. EDUCATION REGIONAL EDUCATIONAL SERVICE AGENCIES. Code Sections 20-2-270, 20-2-272, and 20-2-274 Amended. No. 940 (House Bill No. 1754). 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 change provisions relating to regional educational service agencies; to change provisions relating to the purpose of, services provided by, and method of operation of such agencies; to change provisions relating to state and local funding of such agencies; to change provisions relating to relationships between such agencies and the State Board of Education; to change provisions relating to the membership of boards of control of such agencies; to change other provisions relating to such agencies and provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1063

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 Part 11 and inserting in its place 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; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as `RESA' or `RESA's.' The shared services to member local school systems shall include the following assistance: (1) Identifying or conducting research related to educational improvements and in planning for the implementation of such improvements; (2) Developing and implementing staff development programs; (3) Developing and implementing curricula and instruction of the highest quality possible, including implementing the uniformly sequenced core curriculum adopted by the state board; (4) Developing and implementing assessment and evaluation programs; (5) Identifying and utilizing electronic technology, including computers, in an effort to improve the quality of classroom instruction as well as classroom, school, and school system management; and (6) Developing programs, resource materials, and staff development services relating to instruction on alcohol and drug abuse. The shared services may also include assistance designed to address documented local needs pursuant to subsection (d) of Code Section 20-2-272. (b) 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.

Page 1064

(c) The Psychoeducational Network for severely emotionally disturbed students shall be continued in effect. The service areas of units of the Psychoeducational Network for severely emotionally disturbed students in place on January 1, 1995, shall be continued in effect. The fiscal agent for each service area shall be as in effect on January 1, 1995, unless changed as provided in this subsection. Upon the request of a majority of the local school superintendents of the local school systems within a service area, representatives of each of the local school systems in the respective service area shall vote in the manner and at the time prescribed by the state board to determine if one of the local school systems or the regional educational service agency serving the respective service area shall serve as the fiscal agent for the respective unit of the Psychoeducational Network for the ensuing fiscal year. In the event this vote results in a change in the fiscal agent for the respective unit, the new fiscal agent shall continue in this capacity for a minimum of three fiscal years. In the event a regional educational service agency is designated as the fiscal agent for a service area, all member 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 on

Page 1065

and after July 1, 1996, the school superintendent of each member school system or his or her designee shall serve as a member of the board of control. 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. 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 assistance needed by local school systems in the area served by each regional educational service agency, establish priorities from those needs, and allocate resources accordingly. Boards of control shall annually review the 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

Page 1066

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 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 agents 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 state-wide needs program grant and a documented local needs program grant, subject to appropriation by the General Assembly. The uniform state-wide needs program grant shall consist of two components: the same fixed amount for

Page 1067

each regional educational service agency; and an amount which reflects the number of local school systems, the number of schools, the number of students, and the number of square miles contained collectively within its member local school systems. Each regional educational service agency shall be required to match the uniform state-wide needs program grant with an amount of funds equal to one-fourth of this grant. The uniform state-wide needs grant and its matching local funds shall be used to finance the basic administrative overhead of the regional educational service agencies and to provide the areas of assistance specified in subsection (a) of Code Section 20-2-270. The amount of funds granted to each regional educational service agency for the documented local needs program grant shall depend upon the proportion that the number of local school systems, number of schools, number of students, and number of square miles contained collectively within its member local school systems are of these respective factors state wide, as well as the adopted operational plan and the budget designed to address documented needs for assistance to member local school systems. Each regional educational service agency shall be required to match the documented local needs program grant with an amount of funds equal to two-thirds of that grant. The state board shall provide grants to regional educational service agencies for Georgia Learning Resources Systems or to a local school system contracted to be a fiscal agent for a Georgia Learning Resources System. Each board of control shall be authorized to adopt the manner by which each member local school system shall be assessed its share of the uniform state-wide needs program and the documented local needs program; provided, however, that member local school systems shall not be allowed to use funds received under the provisions of this article for this purpose. The state board shall grant the regional educational service agency the funds needed to provide services to all local school systems 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 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 agents for a Georgia

Page 1068

Learning Resource System through contract with the State Board of Education. SECTION 2. This Act shall become effective on July 1, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COURTS SUPERIOR COURT CLERKS; STORAGE OF RECORDS AT LOCATION OTHER THAN COURTHOUSE; PROVISION APPLICABLE TO COUNTIES OF 550,000 POPULATION OR MORE REPEALED. Code Section 15-6-86 Amended. No. 941 (House Bill No. 1761). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to repeal that certain provisions relating to storage of records at a location other than a courthouse in counties having a population of 550,000 or more; to change certain provisions relating to the storage of records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking Code Section 15-6-86 of the Official Code of Georgia Annotated, relating to storage of superior court records at location other than courthouse, and inserting in its place the following: 15-6-86. (a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is authorized to comply with the request and may designate another place as the office of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at

Page 1069

their nearest points. The judge of the superior court of the circuit in which the county is located or the chief judge in those circuits having more than one judge must give written consent before the clerk shall be authorized to move his or her office to such place. (b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of records, the clerk, after obtaining written permission from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those circuits having more than one judge, may cause the records to be stored at some other place. The clerk shall give public notice of the place of storage by posting notice at the courthouse. (c) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5. SECTION 2. This Act shall become effective upon the signature of the Governor. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PUBLIC OFFICERS AND EMPLOYEES DISCLOSURE OF GIFTS FROM VENDORS TO PUBLIC EMPOLYEES REQUIRED; PENALTIES. Code Section 45-1-6 Enacted. No. 942 (Senate Bill No. 19). AN ACT To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions relative to public officers and employees, so as to provide for disclosure of the making and accepting of gifts to public employees by vendors; to provide for definitions; to provide for the filing and contents of disclosure reports; to provide for fees; to provide for powers, duties, and authority of the State Ethics Commission; to provide for venue; to provide for a criminal penalty; 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 relative to public officers and employees, is amended

Page 1070

by adding a new Code section at the end thereof, to be designated Code Section 45-1-6, to read as follows: 45-1-6. (a) As used in this chapter, the term: (1) `Commission' means the State Ethics Commission created under Code Section 21-5-4. (2) `Gift' means a gratuity, subscription, membership, trip, meal, loan, extension of credit, forgiveness of debt, advance or deposit of money, or anything of value. (3) `Person' means an individual, partnership, committee, association, corporation, labor organization, or any other organization or group of persons. (4) `Public employee' means every person employed by the executive, legislative, or judicial branch of state government or any department, board, bureau, agency, commission, or authority thereof. This shall not include elected officials. (5) `Vendor' means any person who sells to or contracts with any branch of state government or any department, board, bureau, agency, or commission thereof for the provision of any goods or services. (b) Any vendor who, either directly or through another person, makes a gift or gifts to one or more public employees exceeding in the aggregate $250.00 in value during any calendar year shall file a disclosure report with the commission in the form specified by the commission listing the amount and date of receipt, the name and mailing address of any vendor making the gift, and the name, address, and position of each public employee receiving such a gift. (c) Each disclosure report required by subsection (b) of this Code section shall be filed with the commission not later than February 1 of each year and shall cover the preceding calendar year. (d) A report required by this Code section shall be verified by the oath or affirmation of the person filing such report or statement taken before an officer authorized to administer oaths. Each report required in a calendar year shall contain cumulative totals of all gifts which have been made or received and which are required to be reported. (e) In addition to other penalties provided under this Code section, a filing fee of $50.00 shall be imposed for each report that is filed late. In addition, a filing fee of $25.00 shall be imposed on the fifteenth day after the due date if the report has still not been filed. (f) The commission is vested with the same powers with respect to this Code section as enumerated in Code Section 21-5-6.

Page 1071

(g) Venue for prosecution of civil violations of this Code section or for any other action by or on behalf of the commission shall be in the county of residence of the accused person at the time of the alleged violation or action. (h) Any person who knowingly fails to comply with or knowingly violates this Code section shall be guilty of a misdemeanor. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CRIMES AND OFFENSES CRUELTY TO CHILDREN; DEGREES OF OFFENSE; PENALTIES. Code Section 16-5-70 Amended. No. 943 (Senate Bill No. 159). AN ACT To amend Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, so as to provide for first and second degrees of the offense of cruelty to children; to provide for penalties; 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 5 of Title 16 of the Official Code of Georgia Annotated, relating to crimes against the person, is amended by striking in its entirety Code Section 16-5-70, relating to cruelty to children, 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 in the first degree when such person willfully 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 in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. Any person commits the offense of cruelty to children in the second degree when such person intentionally allows a minor to witness the commission of a forcible felony.

Page 1072

(c) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years. (d) A person convicted of the offense of cruelty to children in the second degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the second degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment. SECTION 2. This Act shall become effective on July 1, 1996, and shall apply to acts or omissions occurring after July 1, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES PEST CONTROL; EXAMINATION OF APPLICANTS FOR CERTIFICATION; POWERS AND DUTIES OF STATE STRUCTURAL PEST CONTROL COMMISSION. Code Section 43-45-8 Amended. No. 944 (Senate Bill No. 351). AN ACT To amend Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Commission, so as to provide for appropriate examinations for applicants; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 43-45-8 of the Official Code of Georgia Annotated, relating to general powers and duties of the State Structural Pest Control Commission, is amended by striking paragraph (2) and inserting in its place a new paragraph (2) to read as follows: (2) Provide for an appropriate and written examination for applicants and any other appropriate means of examination for applicants.

Page 1073

The frequency of such examination shall be at the discretion of the commission, based upon the number of applications received, but not less than two such examinations shall be held annually. The commission shall give one examination per phase of structural pest control for one fee if the applicant seems to qualify. The examination fee shall be in an amount established by the commission for each applicant who makes application to take the examination to become a certified household pest control operator, wood-destroying organism control operator, or fumigator. An examination may be taken for the payment of one fee; and, in case the applicant shall not be certified, he or she shall have the right to take the examination again at the next scheduled examination, upon the payment of an additional fee in an amount established by the commission. In case certification is again denied, the applicant must wait a full year before reapplication is made. Thereafter, one full year must elapse before subsequent application may be made;. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES PROFESSIONAL COUNSELING; EXEMPTION FROM LICENSING AND OTHER REQUIREMENTS FOR CERTAIN PERSONS. Code Section 43-10A-7 Amended. No. 945 (Senate Bill No. 368). AN ACT To amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, known as the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, so as to exempt certain persons who engage in the practice of professional counseling from the licensing and other requirements of said chapter; 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, known as the Professional Counselors, Social Workers, and Marriage and Family Therapists Licensing Law, is amended by striking in its entirety paragraph (17) of subsection (b) of Code Section 43-10A-7, relating to requirements for licensure in professional counseling, and inserting in lieu thereof a new paragraph (17) to read as follows:

Page 1074

(17) Persons who engage in the practice of professional counseling, excluding the use of psychotherapy, as employees of organizations which maintain, now or in the future, accreditation from the Commission on Accreditation of Rehabilitation Facilities or the national Accreditation Council for Agencies Serving the Blind and Visually Handicapped, but only when those persons are providing those services as employees of those organizations pursuant to contracts between such organizations and the state or a department, agency, county, municipality, or political subdivision of the state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION DEPARTMENT OF REVENUE; AGENTS AND ENFORCEMENT OFFICERS; RETENTION OF BADGES AND WEAPONS UPON RETIREMENT. Code Sections 3-2-30 and 48-11-19 Amended. No. 946 (Senate Bill No. 394). AN ACT To amend Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of alcoholic beverages, and to amend Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, sale, and possession of cigars, cigarettes, and little cigars, so as to provide that after an agent or enforcement officer has accumulated 25 years of service with the Department of Revenue, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-2-30 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation,

Page 1075

distribution, sale, and possession of alcoholic beverages, is amended by adding at the end thereof a new subsection (d) to read as follows: (d) After an agent or enforcement officer has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. SECTION 2. Code Section 48-11-19 of the Official Code of Georgia Annotated, relating to the powers and duties of special agents and enforcement officers of the Department of Revenue with respect to the manufacture, transportation, distribution, by adding at the end thereof a new subsection (c) to read as follows: (c) After a special agent or enforcement officer has accumulated 25 years of service with the department, upon leaving the department under honorable conditions, such special agent or enforcement officer shall be entitled as part of such officer's compensation to retain his or her weapon and badge pursuant to regulations promulgated by the commissioner. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. EDUCATION MULTIYEAR CONTRACTS BY SCHOOL SYSTEMS; LIMITATIONS ON ANNUAL PAYMENTS. Code Section 20-2-506 Amended. No. 947 (Senate Bill No. 428). AN ACT To amend Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to multiyear contracting powers of school systems, so as to provide for conditions and limitations with respect to such contracting powers; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes.

Page 1076

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-506 of the Official Code of Georgia Annotated, relating to multiyear contracting powers of school systems, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) Except as otherwise provided in this Code section, each county, independent, or area school system in this state shall be authorized to enter into multiyear lease, purchase, or lease purchase contracts of all kinds for the acquisition of goods, materials, real and personal property, services, and supplies, provided that any such contract shall contain provisions for the following: (1) The contract shall terminate absolutely and without further obligation on the part of the school system at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed as provided in this Code section; (2) The contract may provide for automatic renewal unless positive action is taken by the school system to terminate such contract, and the nature of such action shall be determined by the school system and specified in the contract; (3) The contract shall state the total obligation of the school system for the calendar year of execution and shall further state the total obligation which will be incurred in each calendar year renewal term, if renewed; and (4) The total combined annual payments for contract under this Code section and contracts of such school system under Article IX, Section III, Paragraph I of the Constitution in any calendar year shall not exceed an amount equal to 7.5 percent of the total local revenue collected for maintenance and operation of the school system in the most recently completed fiscal year. SECTION 2. This Act shall become effective July 1, 1996. Nothing in this Act shall be construed to invalidate or impair any contract entered into prior to said effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1077

COURTS NONUNIFORM COURTS; PILOT PROGRAMS OF LIMITED DURATION; PROPOSALS. Code Section 15-5-26 Enacted. No. 948 (Senate Bill No. 496). AN ACT To amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, so as to provide a procedure for submission to the Judicial Council of proposals for pilot programs involving nonuniform courts; to provide which officials may submit proposals; to provide for policies, reports, and recommendations; to provide for duties and responsibilities of the Judicial Council; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record, is amended by inserting a new Code section to be designated Code Section 15-5-26 to read as follows: 15-5-26. (a) Any proposal for a pilot program of limited duration involving courts which are not uniform within their classes, as authorized by Article VI, Section I, Paragraph X of the Constitution, shall be submitted to the Judicial Council for review and evaluation before it is considered by the General Assembly. (b) Such a proposal may be submitted by any of the following: (1) The Governor; (2) A member of the General Assembly; (3) The chief judge of one of the courts affected by such proposal; or (4) The governing authority of a county affected by such proposal. (c) Such a proposal shall be submitted to the Judicial Council during the year preceding the year in which a bill establishing a pilot program is considered by the General Assembly. (d) The Judicial Council shall adopt policies and procedures regarding the submission and evaluation of such proposals which shall set out, at a minimum, the form and contents of the submission, the recommended date for submission, and internal procedures for developing recommendations regarding proposals. The Judicial Council shall make copies of its policies and procedures regarding submissions available upon request

Page 1078

to members of the General Assembly, members of the judiciary, county governing authorities, and the public. (e) The Judicial Council shall submit to the General Assembly a report evaluating each such proposal submitted and recommending adoption, adoption after modification, or rejection of each such proposal by the General Assembly. The Judicial Council shall provide the report or reports to the members of the General Assembly no later than December 31 of the year prior to consideration of a bill establishing any pilot projects in the General Assembly. 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 15, 1996. PROFESSIONS AND BUSINESSES PLUMBING DEFINED TO INCLUDE MEDICAL GAS PIPING SYSTEMS. Code Section 43-14-2 Amended. No. 949 (Senate Bill No. 553). AN ACT To amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to change the definition of the term plumbing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking paragraph (12) of Code Section 43-14-2, relating to definitions of certain terms, 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, medical gas piping systems, or public or private water supply

Page 1079

systems within or adjacent to any building, structure, or conveyance; provided, however, that after July 1, 1997, only master plumbers and journeyman who have been certified by the Division of Master Plumbers and Journeyman Plumbers to perform such tasks shall be authorized to install, maintain, alter, or repair medical gas piping systems. 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 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 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC PROOF OF INSURANCE FOR RECENTLY ACQUIRED VEHICLES; SELF-INSURED TAXICAB OPERATORS IN COUNTIES OF 400,000 OR LESS POPULATION. Code Sections 40-6-10 and 40-9-101 Amended. No. 950 (Senate Bill No. 563). AN ACT To amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for satisfactory proof of insurance for certain recently acquired vehicles; to change certain provisions relating to self-insurance for taxicab operators; 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 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking paragraph (1) of subsection (a) of Code Section 40-6-10, relating to proof of insurance required for motor vehicles, and inserting in lieu thereof the following: (a)(1) The owner or operator of a motor vehicle shall keep proof or evidence of required minimum insurance coverage in the vehicle at all

Page 1080

times during the operation of the vehicle. A duly executed vehicle rental agreement shall be considered satisfactory proof or evidence of required minimum insurance coverage. If the owner acquired ownership of the motor vehicle in question within the past 20 days and the vehicle is currently effectively provided with required minimum insurance coverage under the terms of a policy providing required minimum insurance coverage for another motor vehicle, then proof or evidence of required minimum insurance coverage for such other vehicle shall be considered satisfactory proof or evidence of required minimum insurance coverage for the vehicle in question, but only if accompanied by proof or evidence that the owner acquired ownership of the vehicle in question within the past 20 days. The owner of a motor vehicle shall provide to any operator of such vehicle proof or evidence of required minimum insurance coverage for the purposes of compliance with this subsection. Except as otherwise provided in paragraph (4) of this subsection, any person who fails to comply with the requirements of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $200.00 nor more than $1,000.00 or imprisonment for not more than 12 months, or both. SECTION 2. Said title is further amended by striking subparagraph (a)(3)(D) of Code Section 40-9-101, relating to self-insurers, and inserting in lieu thereof a new subparagraph (D) and by adding at the end of paragraph (3) of subsection (a) a new subparagraph (G) to read as follows: (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, that except as provided in subparagraph (G) of this paragraph, 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. (G) Until December 30, 1996, the provisions of subparagraph (c) of this paragraph shall not apply to taxicab self-insurers which were located in counties with populations of 400,000 or less according to the United States decennial census of 1990 or any future such census and were licensed by the Commissioner on December 31, 1995.

Page 1081

SECTION 3. This section and Section 2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 1 of this Act shall become effective July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PENAL INSTITUTIONS MEDICAL TREATMENT OF INMATES AND PAYMENT FOR TREATMENT COSTS; PAYMENT FOR COSTS OF PUBLIC PROPERTY DESTROYED BY INMATES, SEARCHING FOR ESCAPED INMATES, AND QUELLING INMATE RIOTS. Code Sections 42-4-50 and 42-4-70 Amended. Code Sections 42-5-54 and 42-5-55 Enacted. No. 951 (Senate Bill No. 587). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to define certain terms; to authorize certain county correctional facilities to obtain certain information from inmates relating to medical insurance; to provide for the provision and payment of medical treatment for inmates; to provide that certain state and county correctional facilities may deduct from inmate accounts payments for certain damages and medical costs; to provide an exception; to provide that such facilities may charge a certain fee for managing inmate accounts; to provide for construction; 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 striking in its entirety paragraph (1) of subsection (a) of Code Section 42-4-50, relating to definitions relative to medical services for inmates, and inserting in lieu thereof the following: (1) `Detention facility' means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. SECTION 2. Said title is further amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 42-4-70, relating to definitions relative to

Page 1082

deductions from inmate accounts for expenses, and inserting in lieu thereof the following: (1) `Detention facility' means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. SECTION 3. Said title is further amended by inserting immediately following Code Section 42-5-53 three new Code sections to read as follows: 42-5-54. (a) As used in this Code section, the term: (1) `Detention facility' means a county correctional institution, workcamp, or other county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) `Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor and who is insured under existing individual health insurance, group health insurance, or prepaid medical care coverage or is eligible for benefits under Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977.' Such term does not include any sentenced inmate who is the responsibility of the Department of Corrections. (3) `Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The officer in charge or his or her designee may require an inmate to furnish the following information: (1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured; (2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977'; (3) The name and address of the third-party payor; and (4) The policy or other identifying number. (c) The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical services rendered. (d) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or by his or her carrier through coverage or benefits described under paragraph (1) of

Page 1083

subsection (b) of this Code section or by or at the direction of the Department of Medical Assistance pursuant to paragraph (2) of such subsection. (e) Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate regardless of whether such individual has been convicted of a crime. 42-5-55. (a) As used in this Code section, the term: (1) `Detention facility' means a state or county correctional institution, workcamp, or other state or county detention facility used for the detention of persons convicted of a felony or a misdemeanor. (2) `Inmate' means a person who is detained in a detention facility by reason of being convicted of a felony or a misdemeanor. (3) `Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; registered nurse; licensed practical nurse; medical assistant; dentist; dental hygienist; optometrist; or psychiatrist for examination or treatment. (4) `Officer in charge' means the warden, captain, or superintendent having the supervision of any detention facility. (b) The commissioner or, in the case of a county facility, the officer in charge may establish by rules or regulations criteria for a reasonable deduction from money credited to the account of an inmate to: (1) Repay the costs of: (A) Public property willfully damaged or destroyed by the inmate during his or her incarceration; (B) Medical treatment for injuries inflicted by the inmate upon himself or herself or others; (C) Searching for and apprehending the inmate when he or she escapes or attempts to escape; such costs to be limited to those extraordinary costs incurred as a consequence of the escape; or (D) Quelling any riot or other disturbance in which the inmate is unlawfully involved. (2) Defray the costs paid by the state or county for medical treatment for an inmate when the request for medical treatment has been initiated by the inmate.

Page 1084

(c) The provisions of paragraph (2) of subsection (b) of this Code section shall in no way relieve the governmental unit, agency, or subdivision having physical custody of an inmate from furnishing him or her with needed medical treatment. (d) Notwithstanding any other provisions of this Code section, the deductions from money credited to the account of an inmate as authorized under subsection (b) of this Code section shall not be made whenever the balance in the inmate's account is $10.00 or less. (e) The officer in charge of any detention facility is authorized to charge a fee for establishing and managing inmate money accounts. Such fee shall not exceed $1.00 per month. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CONSERVATION AND NATURAL RESOURCES GEORGIA MUSIC HALL OF FAME AUTHORITY ACT AMENDED; POWERS AND DUTIES OF AUTHORITY. Code Section 12-3-524.1 Enacted. No. 952 (Senate Bill No. 588). AN ACT To amend Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Music Hall of Fame Authority Act, so as to change the provisions relating to the general powers of the Georgia Music Hall of Fame Authority; to authorize such authority to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects, contributors, and other persons who attend any function at the request of the authority or its staff to discuss the securing of, to provide services in the securing of, or to make gifts, grants, donations, and contributions to the Georgia Music Hall of Fame or to promote and market Georgia Music Hall of Fame programs and facilities; to provide for the verification of expenditures for such purposes; to require the authority to make certain records and information available to the state auditor; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 10 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Music Hall of Fame Authority Act, is

Page 1085

amended by adding between Code Sections 12-3-524 and 12-3-525 a new Code Section 12-3-524.1 to read as follows: 12-3-524.1. The authority, in order to make the Georgia Music Hall of Fame competitive with other nonprofit cultural institutions in securing gifts, grants, donations, and contributions and in the promotion and marketing of the Georgia Music Hall of Fame, is authorized to expend available funds for the meals, entertainment, and incidental expenses of bona fide prospects, contributors, and other persons who attend any function at the request of the authority or its staff to discuss the securing of, to provide services in the securing of, or to make gifts, grants, donations, and contributions to the Georgia Music Hall of Fame or to promote and market Georgia Music Hall of Fame programs and facilities. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The authority shall make available to the state auditor such vouchers or other collateral materials requested for the purposes of conducting an audit of the authority's books, accounts, and records as required by state law. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TELECOMMUNICATION SERVICES; AVOIDING LAWFUL CHARGES FOR SERVICES; DEVICES FOR THEFT OF SERVICES OR CONCEALING ORIGIN OR DESTINATION OF TELECOMMUNICATION; PENALTIES; SEIZURE AND DESTRUCTION OF UNLAWFUL TELECOMMUNICATION DEVICES. Code Sections 46-5-2, 46-5-3, and 46-5-4 Amended. No. 953 (Senate Bill No. 597). AN ACT To amend Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, so as to change the provisions relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service; to change the provisions relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for concealing origin or destination of any telecommunication; to change the provisions relating to the seizure and disposal of devices, equipment, or

Page 1086

any plan or instrument used for committing theft of telecommunications service; to define certain terms; to change certain penalty provisions; to provide for restitution; to authorize certain civil actions; to provide for certain civil relief and attorney's fees for an aggrieved party; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to telephone and telegraph service, is amended by striking in its entirety Code Section 46-5-2, relating to avoiding or attempting to avoid charges for use of telephone, telegraph, or cable television service, and inserting in lieu thereof a new Code Section 46-5-2 to read as follows: 46-5-2. (a) It shall be unlawful for any person to avoid or attempt to avoid or to cause another to avoid the lawful charges, in whole or in part, for any telecommunication service as defined in subsection (a) of Code Section 46-5-3 or for the transmission of a message, signal, or other communication by telephone or telegraph or over telecommunication or telegraph facilities by the use of any fraudulent scheme, means, or method, or by the use of any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other mechanical, electric, or electronic device; provided, however, that this Code section and Code Sections 46-5-3 and 46-5-4 shall not apply to amateur radio repeater operation involving a dial interconnect. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any person who violates this Code section shall be guilty of a misdemeanor; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (2) Any person who violates this Code section by avoiding or causing another to avoid lawful charges for any telecommunication service which lawful charges are in an amount in excess of $10,000.00 commits a felony and shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than one nor more than five years, or both. (3) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (4) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent

Page 1087

jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees. SECTION 2. Said article is further amended by striking in its entirety Code Section 46-5-3, relating to making, possessing, selling, allowing use of, or publishing assembly plans for devices, equipment, or apparatus for committing theft of telecommunications services or for concealing origin or destination of any telecommunication, and inserting in lieu thereof a new Code Section 46-5-3 to read as follows: 46-5-3. (a) As used in this Code section the term: (1) `Telecommunication service' means any service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, data, writings, images, sounds, or intelligence of any nature by telephone or telephone service or cable television service (CATV), including cellular or other wireless telephones, wire, radio, electromagnetic, photoelectronic, or photooptical system. (2) `Telecommunication service provider' means a person, corporation, or other entity which provides telecommunication service, including a cellular, paging, or other wireless communications company or other person, corporation, or entity which, for a fee, supplies the facility, cell site, mobile telephone switching office, or other equipment or telecommunication service. (3) `Unlawful telecommunication device' means any telecommunications device that is capable, or has been illegally altered, modified, or programmed or reprogrammed alone or in conjunction with another access device or other equipment so as to be capable, of acquiring or facilitating the acquisition of any electronic serial number, mobile identification number, personal identification number, or any telecommunication service without the consent of the telecommunication service provider or without the consent of the legally authorized user of the telecommunication device. The term includes telecommunications devices altered to obtain service without the consent of the telecommunication service provider, tumbler phones, counterfeit or clone microchips, scanning receivers of wireless telecommunication service of a telecommunication service provider, and other instruments capable of disguising their identity or location or of gaining access to a communications system operated by a telecommunication service provider. Such term shall not apply to any device operated by

Page 1088

a law enforcement agency or telecommunication service provider in the normal course of its activities. (b) It shall be unlawful for any person knowingly to: (1) Make or possess any unlawful telecommunication device designed, adapted, or used: (A) For commission of a theft of telecommunication service in violation of Code Section 46-5-2 or to acquire or facilitate the acquisition of telecommunications service without the consent of the telecommunication service provider; or (B) To conceal, or to assist another to conceal, from any supplier of telecommunication service or from any lawful authority the existence or place of origin or of destination of any telecommunication; (2) Sell, give, transport, or otherwise transfer to another, or offer or advertise for sale, any unlawful telecommunication device, or plans or instructions for making or assembling the same, under circumstances evincing an intent to use or employ such unlawful telecommunication device; or to allow such unlawful telecommunication device to be used or employed for a purpose described in paragraph (1) of this subsection or knowing or having reason to believe that the same is intended to be so used or that the aforesaid plans or instructions are intended to be used for making or assembling such unlawful telecommunication device; or (3) Publish plans or instructions for making or assembling or using any unlawful telecommunication device. (c)(1) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the penitentiary for not less than one nor more than five years, or both; provided, however, that upon conviction of a second or subsequent such offense under this Code section, the defendant shall be punished by a fine of not more than $5,000.00 or imprisoned for not less than three nor more than ten years, or both. (2) The court may, in addition to any other sentence authorized by law, order a person convicted under this Code section to make restitution for the offense. (3) Any person, corporation, or other entity aggrieved by a violation of this Code section may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, cost of suit, and reasonable attorney's fees.

Page 1089

SECTION 3. Said article is further amended by striking in its entirety Code Section 46-5-4, relating to the seizure and disposal of devices, equipment, or any plan or instrument used for committing theft of telecommunications service, and inserting in lieu thereof a new Code Section 46-5-4 to read as follows: 46-5-4. Any unlawful telecommunication device as defined in subsection (a) of Code Section 46-5-3 or other instrument, apparatus, equipment, or device, or any plan or instruction therefor, referred to in Code Section 46-5-3 may be seized by court order, or under a search warrant issued by a judge or a magistrate, or incident to a lawful arrest. Upon the conviction of any person for a violation of any provisions of Code Section 46-5-2 or 46-5-3, such instrument, apparatus, equipment, device, plan, or instruction shall be either destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the telephone company or telecommunication service provider in whose territory such instrument, apparatus, equipment, device, plan, or instruction was seized. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. DOMESTIC RELATIONS GRANDPARENT VISITATION RIGHTS. Code Section 19-7-3 Amended. No. 954 (Senate Bill No. 640). AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, so as to change the provisions relating to visitation rights of grandparents; to provide when original actions for grandparent visitation are not authorized; to require certain findings of the court before granting visitation rights to a grandparent; to provide for written findings of fact; to provide for the appointment of a guardian adlitem

Page 1090

and mediation under certain circumstances; to provide for a determination of the issue of grandparent visitation rights through mediation or by the court; to provide for the compensation of the guardian ad litem and mediator; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions applicable to the parent and child relationship generally, is amended by striking in its entirety Code Section 19-7-3, relating to visitation rights of grandparents, and inserting in lieu thereof a new Code Section 19-7-3 to read as follows: 19-7-3. (a) As used in this Code section, the term `grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (b) Except as otherwise provided in this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents. (c) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation. The court shall make specific written findings of fact in support of its rulings. There shall be no presumption in favor of visitation by any grandparent. An original action requesting visitation rights shall not be filed by any grandparent more than once during any

Page 1091

two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (d) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may: (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent for mediation. (e) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents. SECTION 2. The trial court may award resonable attorney fees and costs to a respondent in an action filed pursuant to this Act upon the finding that the petition is brought for the purpose of harassment or any other improper purpose. 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 15, 1996.

Page 1092

ELECTIONS CAMPAIGN CONTRIBUTIONS; UNREGULATED MOTOR CARRIERS EXEMPTED FROM PROHIBITION AGAINST CONTRIBUTIONS. Code Section 21-5-30 Amended. No. 955 (Senate Bill No. 667). AN ACT To amend Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to a candidate or campaign committee or for recall of a public officer, so as to change the provisions relating to persons acting on behalf of a public utility corporation regulated by the Public Service Commission; to provide for an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 21-5-30 of the Official Code of Georgia Annotated, relating to contributions made to a candidate or campaign committee or for recall of a public officer, is amended by striking subsection (f) of said Code section and inserting in lieu thereof a new subsection (f) to read as follows: (f) A person acting on behalf of a public utility corporation regulated by the Public Service Commission shall not make, directly or indirectly, any contribution to a political campaign. This subsection shall not apply to motor carriers whose rates are not regulated by the Public Service Commission. Any person who knowingly violates this subsection with respect to a member of the Public Service Commission, a candidate for the Public Service Commission, or the campaign committee of a candidate for the Public Service Commission shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years or by a fine not to exceed $5,000.00, or both; and any person who knowingly violates this subsection with respect to any other public officer, a candidate for such other public office, or the campaign committee of a candidate for such other public office shall be guilty of a misdemeanor. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1093

CIVIL PRACTICE EXECUTION UPON JUDGMENT; TIMELY CANCELLATION; PRIVATE RIGHT OF ACTION FOR UNTIMELY CANCELLATION. Code Section 9-13-80 Amended. No. 956 (Senate Bill No. 670). AN ACT To amend Article 4 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, so as to provide for timely cancellation of executions; to provide for a private right of action; to provide for prima-facie evidence of untimeliness; to provide procedures; to provide for presumed damages and actual damages; to limit recovery; 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 13 of Title 9 of the Official Code of Georgia Annotated, relating to the satisfaction or discharge of judgment and execution, is amended by striking in its entirety Code Section 9-13-80, relating to the cancellation of executions, and inserting in lieu thereof the following: 9-13-80. (a) Upon the satisfaction of the entire debt upon which an execution has been issued, the plaintiff in execution or his or her attorney shall timely direct the clerk to cancel the execution and mark the judgment satisfied. (b) A private right of action shall be granted to a judgment debtor upon the failure of such plaintiff or counsel to comply with the provisions of subsection (a) of this Code section. (1) Failure to direct cancellation and satisfaction within 60 days after satisfaction of the entire debt shall be prima-facie evidence of untimeliness; (2) Recovery may be had by way of motion in the action precipitating the judgment and execution or by separate action in any court of competent jurisdiction; and

Page 1094

(3) Damages shall be presumed in the amount of $100.00. Actual damages may be recovered, but in no event shall recovery exceed $500.00. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PUBLIC OFFICERS AND EMPLOYEES MEDICAL AND PHYSICAL FITNESS REQUIREMENTS FOR STATE EMPLOYEES AND PROSPECTIVE STATE EMPLOYEES. Code Sections 45-2-40 through 45-2-45 Amended. No. 957 (Senate Bill No. 671). AN ACT To amend Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, so as to change provisions relating to medical and physical fitness requirements for state employees and prospective state employees; to eliminate references to the State Employees' Health Service of the Department of Human Resources; to provide for development of standards of medical and physical fitness for positions in state government; to provide for medical and other certification that prospective employees meet such standards; to provide for physical examinations and assessments by independent medical practitioners and by medical practitioners employed by or under contract to the state or the department; to provide for reasonable accommodation by the employing agent under certain circumstances pursuant to the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq.; to provide for reports and findings; to provide for contracts with medical practitioners; to provide for the payment of expenses and fees; to provide for time limits regarding completion of physical examinations and reporting of results; to provide for rules of the State Personnel Board; to provide for confidential files for certain medical information; to provide for exceptions; to provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 2 of Title 45 of the Official Code of Georgia Annotated, relating to physical examination of state employees, is amended by striking in its entirety Code Section 45-2-40, relating to employees' certificates of physical fitness for employment, and inserting in lieu thereof the following:

Page 1095

45-2-40. No person who is otherwise qualified shall be employed in any capacity by the state or any department or agency thereof unless the person is certified as meeting the standards of medical and physical fitness by a qualified medical practitioner within a prescribed number of calendar days after the date of an offer of employment. However, the State Personnel Board may provide for standards of medical and physical fitness for some positions that require only certification by the prospective employee and such certification may be accepted by the respective employing department without further assessment by a medical practitioner. SECTION 2. Said article is further amended by striking in its entirety Code Section 45-2-41, relating to fitness standards, physical examinations, fees, and fitness certificates, and inserting in lieu thereof the following: 45-2-41. (a) The commissioner of personnel administration, subject to the approval of the State Personnel Board, shall appoint up to five doctors of medicine licensed by the state and other specialists, as appropriate, to develop standards of medical and physical fitness required for persons about to be appointed to positions in the state service. Such standards shall be related to the duties required of specific positions in the state service. The commissioner of personnel administration shall develop the forms to secure the information needed to determine if prospective employees meet the medical and physical fitness standards required to perform the essential functions of the relevant position. (b) If a physical examination is required by the standards of medical and physical fitness, a licensed medical practitioner may perform the assessment and report the findings to a physician in the employ of or under contract with the state or respective employing department. The licensed medical practitioner may be of the applicant's choice and at the applicant's expense or may be a licensed physician in the employ of or under contract with the state or respective employing department. When the licensed physician is in the employ of or under contract with the state or respective employing department, the assessment and findings shall be made to the respective department and shall be final, except as provided in the State Personnel Board rules. (c) The commissioner of personnel administration may, through a competitive proposal process, enter into an agreement on behalf of the departments to contract with medical practitioners for the purpose of conducting assessments for medical and physical fitness as required by the standards of medical and physical fitness. In such case, each department may use the selected contractor as an expense of a departmental

Page 1096

employee selection process or may recommend that prospective employees seek the examination at the contractor's site at the prospective employee's expense. If the prospective employee chooses to use a medical practitioner other than one selected by the department or under contract with the state on behalf of the department, the findings and recommendations of such other practitioner shall be furnished to the medical practitioner selected by the department or under contract with the state on behalf of the department for final determination of the medical and physical fitness of the prospective employee. Expenses for the medical practitioner under contract with the state on behalf of the department shall be paid by the respective employing department based upon the services provided by such medical practitioner. (d) The State Personnel Board is authorized to establish a fee and make payment of same to the consultants appointed by the commissioner of personnel administration for services rendered in the development of standards of medical and physical fitness for state employees; provided, however, that no state employee shall receive additional compensation for services as a consultant for developing the standards of medical and physical fitness. (e) The certification required by Code Section 45-2-40 shall be completed as required in the rules of the State Personnel Board; provided, however, that if a physical examination is required by the standards for medical and physical fitness, the physical examination shall be completed prior to the date of appointment, and the reporting of results shall occur within a prescribed number of calendar days from the date of appointment. SECTION 3. Said article is further amended by striking in their entirety Code Sections 45-2-42, 45-2-43, 45-2-44, and 45-2-45, relating respectively to physical requirements of positions; reports of examining physicians, consent for additional confidential medical information, and distribution of reports; rules and regulations of the State Board of Personnel and expenditures; and applicability of the article, and inserting in lieu thereof the following: 45-2-42. The state department or agency shall furnish to the applicant the standards of medical and physical fitness for the position for which applied in such manner as to enable a medical practitioner to ascertain the physical capacity of the applicant to fulfill the requirements of employment. 45-2-43. If a physical examination is required, the examining medical practitioner shall make a report certifying that the prospective employee has

Page 1097

been examined and certified as not having any condition that would impair the fulfillment of the prescribed duties of the employment. However, if a condition exists which would impair the fulfillment of the prescribed duties, the medical practitioner shall identify such condition, the employing agency shall provide reasonable accommodation to the extent required by the Americans with Disabilities Act, 42 U.S.C. Sec. 12101 et seq., and the medical practitioner shall certify that the prospective employee, with the accommodation, meets the standards of medical and physical fitness for the position. Additional confidential medical information should be given only with the consent of the applicant. The examining medical practitioner shall complete the necessary forms and findings in accordance with the rules of the State Personnel Board. All such medical information shall be retained in a separate, confidential file and not as a part of the personnel file. 45-2-44. The State Personnel Board, subject to the approval of the Governor, shall adopt and promulgate rules and regulations for the administration of this article. The board, through the commissioner of personnel administration, is authorized to expend allocated funds for the necessary forms and other incidental administrative expenses in effectuating this article. All other expenses shall be borne by the prospective employee or the respective employing department in accordance with the rules of the board. 45-2-45. This article shall not apply to department heads, temporary employees, other categories of employees of the state as defined by the State Personnel Board, or to students in the University System of Georgia in the employ of the state, nor shall it apply to any present employee. As used in this Code section, the term `temporary employee' means a person whose period of employment is of short duration or is part time as defined by the State Personnel Board. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PENAL INSTITUTIONS PAROLE AND CONDITIONAL RELEASE; TRANSITIONAL OR INTERMEDIATE PROGRAMS. Code Section 42-9-21 Amended. No. 958 (Senate Bill No. 693). AN ACT To amend Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to supervision of persons placed on parole or other conditional

Page 1098

release and programs and services for persons on parole or conditional release, so as to authorize the State Board of Pardons and Paroles to supervise persons participating in transition or intermediate programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 42-9-21 of the Official Code of Georgia Annotated, relating to supervision of persons placed on parole or other conditional release and programs and services for persons on parole or conditional release, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows: (b) The board is authorized to maintain and operate or to enter into memoranda of agreement or other written documents evidencing contracts with other state agencies, persons, or nonsectarian entities for transitional or intermediate or other services or for programs deemed by the board to be necessary for parolees or others conditionally released from imprisonment by order of the board. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PENAL INSTITUTIONS REGIONAL JAIL AUTHORITIES; MUNICIPALITY PARTICIPATION; MUNICIPAL REGIONAL JAIL AUTHORITIES. Code Title 42, Chapter 4, Article 5 Amended. No. 959 (Senate Bill No. 735). AN ACT To amend Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, so as to allow municipalities within the same county to form and participate in regional jail authorities; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to regional jail authorities, is amended by striking in its entirety subsection (b) of Code Section 42-4-91, relating to statement of

Page 1099

authority and policy of state, and inserting in lieu thereof a new subsection (b) to read as follows: (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 or municipality within the same county as the regional jail authority for the purpose of building, owning, and operating a jail facility for the county or municipality. SECTION 2. Said article is further amended by striking in its entirety Code Section 42-4-92, relating to definitions, and inserting in lieu thereof a new Code Section 42-4-92 to read as follows: 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 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.

Page 1100

(4) `County regional jail authority' means a regional jail authority formed by counties pursuant to this article. (5) `Governing body' means the elected or duly appointed officials constituting the governing body of each county in the state. (6) `Management committee' means a regional jail authority management committee created pursuant to Code Section 42-4-95. (7) `Municipality' means any municipal corporation of this state. (8) `Municipal regional jail authority' means a regional jail authority formed by municipalities within the same county pursuant to this article. (9) `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. SECTION 3. Said article is further amended by striking in its entirety subsection (a) of Code Section 42-4-93, relating to creation of authorities and exemption of securities, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Any two or more counties may jointly form an authority, to be known as the county regional jail authority for such counties. Any two or more municipalities within the same county may jointly form an authority, to be known as the municipal regional jail authority for such municipalities. Municipalities located in more than one county may participate in municipal regional jail authorities in each county in which the municipality is located. No authority shall transact any business or exercise any powers under this article until the governing authorities of the counties or municipalities 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 or municipality to enter into an agreement with the other counties or municipalities participating in the authority 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 or participant municipalities shall be filed with the Secretary of State who shall maintain a record of all authority activities under this article. SECTION 4. Said article is further amended by striking in its entirety Code Section 42-4-94, relating to board of directors and addition of counties to authority, and inserting in lieu thereof a new Code Section 42-4-94 to read as follows:

Page 1101

42-4-94. (a) Control and management of the authority shall be vested in a board of directors. Each county participating in an 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. Each municipality participating in an authority shall appoint two people to serve on the board of directors, each for a four-year term. For each county or municipal regional jail authority board of directors, 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, if a county regional jail authority, or additional municipalities, if a municipal regional jail authority, 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. SECTION 5. Said article is further amended by striking in its entirety Code Section 42-4-95, relating to management committee and election of officers, and inserting in lieu thereof a new Code Section 42-4-95 to read as follows: 42-4-95. (a) The jail of a county regional jail authority shall be managed and operated by a regional jail authority management committee composed of all of the sheriffs from the participant counties. The county regional jail authority management committee shall have all of the responsibilities provided in Code Section 15-16-24 and this chapter, including the

Page 1102

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 county regional jail authority consists of an even number of counties, the sheriffs shall then elect one member, who may or may not be a member of the authority's board of directors, to serve on the management committee. (c) The board of directors of a municipal regional jail authority shall hire or contract with a person, firm, corporation, or local government to manage and operate the regional jail. Such person, firm, corporation, or local government shall have all of the responsibilities provided in this chapter for municipal jails and jailers, including the employment and supervision of all personnel employed to operate the jail. SECTION 6. Said article is further amended by striking in its entirety paragraph (3) of Code Section 42-4-97, relating to powers of authority, and inserting in lieu thereof a new paragraph (3) to read as follows: (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 or municipalities 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 contribution 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;. SECTION 7. Said article is further amended by striking in its entirety subsection (b) of Code Section 42-4-102, relating to construction of article and powers of counties, and inserting in lieu thereof a new subsection (b) to read as follows: (b) A county or any number of counties or a municipality or any number of municipalities 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 to the

Page 1103

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. SECTION 8. Said article is further amended by striking in its entirety Code Section 42-4-103, relating to operation and finance agreements and withdrawal from authority, and inserting in lieu thereof a new Code Section 42-4-103 to read as follows: 42-4-103. (a) Failure of a participant county or participant municipality 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 or participant municipalities shall constitute a withdrawal from the authority. (b) Any participant county or participant municipality may withdraw from the authority subject to any contract, obligation, or agreement with the authority, but no participant county or participant municipality shall be permitted to withdraw from any authority after any obligation has been incurred by the authority. The governing body of the participant county or participant municipality wishing to withdraw from an existing authority shall signify its desire by resolution or ordinance. SECTION 9. Said article is further amended by striking in its entirety Code Section 42-4-104, relating to authority of county to establish and maintain jail or jail-holding facility, and inserting in lieu thereof a new Code Section 42-4-104 to read as follows: 42-4-104. Notwithstanding anything contained in this article, no participant county or participant municipality shall be prohibited from establishing and maintaining any jail or jail-holding facility. Notwithstanding any other provision in this chapter, such jails shall be operated as provided in the laws of this state as if the county or municipality was not a participant in the regional jail authority. SECTION 10. Said article is further amended by striking in its entirety Code Section 42-4-105, relating to immunity of authorities from liability, and inserting in lieu thereof a new Code Section 42-4-105 to read as follows:

Page 1104

42-4-105. Regional jail authorities shall be carrying out an essential governmental fnction on behalf of participant counties or participant municipalities and are, therefore, given immunity from liability for carrying out their intended functions. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. STATE GOVERNMENT GEORGIA STATE GAMES COMMISSION; SUBSIDIARY NONPROFIT CORPORATIONS. Code Section 50-12-45 Amended. No. 960 (Senate Bill No. 737). AN ACT To amend Code Section 50-12-45 of the Official Code of Georgia Annotated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Georgia State Games, so as to authorize the Georgia State Games Commission to incorporate one or more nonprofit corporations as subsidiary corporations of the commission for the purpose of carrying out any of the powers of the commission and to accomplish any of the purposes of the commission; to provide for the assets of any subsidiary corporation of the commission which is dissolved; 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 50-12-45 of the Official Code of Georgia Annotated, relating to the power of the Georgia State Games Commission to authorize a direct-support organization to assist in the operation of the Georgia State Games, is amended by adding at the end thereof a new subsection (e) to read as follows: (e) The commission is authorized to incorporate one or more nonprofit corporations as subsidiary corporations of the commission for the purpose of carrying out any of the powers of the commission and to accomplish any of the purposes of the commission. Any subsidiary corporations created pursuant to this subsection shall be created pursuant to Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Upon dissolution of any subsidiary corporation of the commission, any

Page 1105

assets shall revert to the commission or to any successor to the commission or, failing such succession, to the State of Georgia. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. LOCAL GOVERNMENT DEVELOPMENT AUTHORITIES LAW AMENDED; PROJECT DEFINED; PROJECT MANAGEMENT AND MANAGEMENT CONTRACTS. Code Sections 36-62-2 and 36-62-7 Amended. No. 961 (Senate Bill No. 749). AN ACT To amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, known as the Development Authorities Law, so as to change the definition of the term project with respect to sewage disposal facilities and solid waste disposal facilities; to provide for the management of projects by persons, firms, or private corporations as an alternative to leasing or selling such projects; to provide that management contracts shall include certain provisions relating to the term of the contract and the costs of operating and maintaining a managed project; to provide that any such management contract may contain provisions allowing the authority to terminate the management contract under certain conditions; 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 62 of Title 36 of the Official Code of Georgia Annotated, known as the Development Authorities Law, is amended by striking in its entirety subparagraph (E) of paragraph (6) of Code Section 36-62-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new subparagraph (E) to read as follows: (E) The acquisition, construction, improvement, or modification of any property, real or personal, used as or in connection with a sewage disposal facility or a solid waste disposal facility which any federal, state, or local agency having jurisdiction in the premises shall have certified as necessary for the continued operation of the industries which the same is to serve and which is necessary for the public welfare, provided that if such facility is to be operated by, or is to serve related facilities of, a political subdivision or municipal

Page 1106

corporation of this state or an agency, authority, or instrumentality thereof, for its general constituency, the certification need only state that such facility is necessary for the public welfare; provided, further, that for the purposes of this subparagraph, the term `sewage disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of sewage; for the purposes of this subparagraph, the term `solid waste disposal facility' means any property used for the collection, storage, treatment, utilization, processing, or final disposal of solid waste; for the purposes of this subparagraph, the term `solid waste' means garbage, refuse, or other discarded solid materials, including solid waste materials resulting from industrial and agricultural operations and from community activities but does not include solids or dissolved materials in domestic sewage or other significant pollutants in water resources, such as salt, dissolved or suspended solids in industrial waste-water effluents, and dissolved materials in irrigation return flows; and for the purposes of this subparagraph, the word `garbage' includes putrescible wastes, including animal and vegetable matters, animal offal and carcasses, and recognizable industrial by-products but excludes sewage and human wastes; and the word `refuse' includes all nonputrescible wastes;. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 36-62-7, relating to the prohibition against the operation of projects by governmental units and the sale or lease of property for operation, and inserting in lieu thereof a new Code Section 36-62-7 to read as follows: 36-62-7. No project acquired under this chapter shall be operated by an authority or any municipal corporation, county, or other governmental subdivision. Such a project shall be leased or sold to, or managed by, one or more persons, firms, or private corporations. Any disposition of real property by an authority pursuant to paragraph (7) of Code Section 36-62-6 shall be made to one or more persons, firms, corporations, or governmental or public entities. If revenue bonds or other obligations are to be issued to pay all or part of the cost of the project, the project must be so leased or the contract for its sale or management must be entered into prior to or simultaneously with the issuance of the bonds or obligations; provided, however, that the acquisition and development of land by an authority as the site for an industrial park as provided in this chapter shall not be deemed to be the operation of a project and, notwithstanding anything in this chapter to the contrary, an authority shall not be required to enter into a lease of such a project or a contract for its sale or management as a condition to the issuance of bonds or other obligations of the authority to provide financing therefor. If sold, the purchase price may be paid at one time or in installments falling due

Page 1107

over not more than 40 years from the date of transfer of possession. The lessee or purchaser shall be required to pay all costs of operating and maintaining the leased or purchased property and to pay rentals or installments in amounts sufficient to pay the principal of and the interest and premium, if any, on all of its bonds and other obligations as such principal and interest become due. If the project is managed, the management contract must contain a term not less than the final maturity date of any bonds or other obligations of the authority to provide financing for the managed project and must provide that all costs of operating and maintaining the managed project, including all management fees payable under the management contract, shall be paid solely from the revenues of the managed project and from the proceeds of any bonds or other obligations of the authority to provide financing for the managed project. Any such management contract may contain provisions allowing the authority to terminate the management contract, but if the authority exercises any right to terminate a management contract, it must immediately enter into another management contract meeting the requirements of this Code section. 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 15, 1996. PENAL INSTITUTIONS PROBATION; DRUG OR ALCOHOL EDUCATION SERVICES; CERTAIN FINANCIAL INTERESTS AND REFERRALS PROHIBITED; PENALTIES; PRIVATE PROBATION SERVICES; COUNTY AND MUNICIPAL PROBATION ADVISORY COUNCIL; PRIVATE PROBATION OFFICERS; PRIVATIZATION OF PROBATION SERVICES. Code Title 42, Chapter 8 Amended. No. 962 (Senate Bill No. 751). AN ACT To amend Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, so as to prohibit public probation officers, private probation officers, and private corporations, enterprises, and agencies providing probation services from owning, operating, having a financial interest in, instructing at, or being employed by any private entity which provides drug or alcohol education services; to prohibit public probation

Page 1108

officers, private probation officers, and private corporations, enterprises, and agencies providing probation services from referring a probationer to a specific alcohol or drug education program; to provide for criminal penalties; to require that approval to privatize probation services by the governing authority of a county, a municipality, or a consolidated government be accompanied by a copy of the final contract; to change the qualifications for one member of the County and Municipal Probation Advisory Council; to amend the uniform professional standards for private corporations, enterprises, and agencies providing private probation services; to authorize the County and Municipal Probation Advisory Council to promulgate regulations requiring private probation entities to conduct criminal record checks of private probation officers; to prohibit any person convicted of a felony from being employed as a private probation officer; to establish financial standards for private probation providers; 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 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation, is amended by striking in its entirety subsection (c) of Code Section 42-8-26, relating to probation supervisors, and inserting in lieu thereof the following: (c)(1) No supervisor shall engage in any other employment, business, or activities which interfere or conflict with his or her duties and responsibilities as probation supervisor. (2) No supervisor shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources. (3) No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit any supervisor from furnishing any probationer, upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any supervisor violating this paragraph shall be guilty of a misdemeanor. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 42-8-100, relating to agreements between chief judges of county courts or judges of municipal courts and corporations, enterprises, or agencies for probation services, and inserting in lieu thereof the following:

Page 1109

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 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. The final contract negotiated by the chief judge with the private probation entity shall be attached to the approval by the governing authority of the county to privatize probation services as an exhibit thereto. (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 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. (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 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. The final contract negotiated by the judge with the private probation entity shall be attached to the approval by the governing authority of the municipality or consolidated government to privatize probation services as an exhibit thereto. (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 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

Page 1110

paid by the defendant in consequence of the conviction, and other probation services for persons convicted in such court and placed on probation. SECTION 3. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following: (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 or individual with expertise in private probation services by virtue of his or her training or employment 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, 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. SECTION 4. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 42-8-101, relating to the County and Municipal Probation Advisory Council, and inserting in lieu thereof the following: (e) The council shall have the following powers and duties:

Page 1111

(1) To promulgate rules and regulations for the administration of the council, including rules of procedure for its internal management and control; (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 initial orientation for newly hired private probation officers and for 20 hours per annum of continuing education for private probation officers, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Georgia Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996; (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; (6) To produce an annual summary report. Such report shall not contain information identifying individual private corporations, nonprofit corporations, or enterprises or their contracts; and (7) To promulgate rules and regulations requiring criminal record checks of private probation officers and establishing procedures for such criminal record checks. Such rules and regulations shall require a private probation entity to conduct a criminal history records check, as provided in Code Section 35-3-34, for all private probation officers employed by that entity; and to certify the results of such criminal history records check to the council, in such detail as the council may require. Notwithstanding Code Section 35-3-38 or any other provision of law, a private probation entity shall, upon request, communicate criminal history record information on a private probation officer to the Administrative Office of the Courts and the County and Municipal Probation Advisory Council. SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 42-8-102, relating to uniform professional and contract standards, and inserting in lieu thereof the following:

Page 1112

(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; provided, however, that any person who is currently employed as a private probation officer as of July 1, 1996, and who has at least six months of experience as a private probation officer shall be exempt from such college requirements. 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, provided that the 40 hour initial orientation shall not be required of any person who has successfully completed a probation or parole officer basic course of training certified by the Peace Officer Standards and Training Council or any private probation officer who has been employed by a private probation corporation, enterprise, or agency for at least six months as of July 1, 1996. In no event shall any person convicted of a felony be employed as a private probation officer or utilize the title of private probation officer. SECTION 6. Said chapter is further amended by inserting at the end of Code Section 42-8-104, relating to conflicts of interests for private probation service providers, the following: (c)(1) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article on or after January 1, 1997, nor any employees of such entities, shall own, operate, have any financial interest in, be an instructor at, or be employed by any private entity which provides drug or alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction Program certified by the Department of Human Resources. (2) No private corporation, enterprise, or agency contracting to provide probation services under the provisions of this article nor any employees of such entities shall specify, directly or indirectly, a particular DUI Alcohol or Drug Use Risk Reduction Program which a probationer may or shall attend. This paragraph shall not prohibit furnishing any probationer, upon request, with the names of certified DUI Alcohol or Drug Use Risk Reduction Programs. Any person violating this paragraph shall be guilty of a misdemeanor. SECTION 7. Said chapter is further amended by inserting a new Code section to be designated Code Section 42-8-108 to read as follows:

Page 1113

42-8-108. The probation providers standards contained in this Code section shall be met by corporations, enterprises, or agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997. Any corporation, enterprise, or agency who fails to meet the standards established in this Code section on or after January 1, 1997, shall not be eligible to provide probation services in this state. All corporations, enterprises, or agencies who enter into written contracts for probation services under the authority of Code Section 42-8-100 on or after January 1, 1997, shall: (1) Maintain no less than $1 million coverage in general liability insurance; (2) Not own or control any finance business or lending institution which makes loans to probationers under its supervision for the payment of probation fees or fines; and (3) Employ at least one person who is responsible for the direct supervision of probation officers employed by the corporation, enterprise, or agency and who shall have at least five years' experience in corrections, parole, or probation services; provided, however, that the five-year experience requirement shall not apply to any corporation, enterprise, or agency which is currently engaged in the provision of private probation services in this state on the effective date of this Code section. 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 15, 1996. PENAL INSTITUTIONS FAMILY VIOLENCE COUNSELING PROGRAM FOR INMATES; PARTICIPATION IN PROGRAM AS CONDITION OF PROBATION OR FOR PAROLE. Code Section 42-5-21 Enacted. Code Section 42-8-35.6 and 42-9-45 Amended. No. 964 (Senate Bill No. 157). 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

Page 1114

provide a Family Violence Counseling Program; to provide that the program shall be made available to certain inmates; to provide that a court sentencing a defendant to probation for an offense involving family violence shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court approved family violence intervention program or receive counseling related to family violence; to authorize other terms and conditions of probation; to provide for payment of the cost of counseling or participation in a family violence intervention program under certain circumstances; to provide that an inmate who has committed an offense which has been identified to involve family violence shall not be released on parole until such inmate has successfully completed a Family Violence Counseling Program; 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 42-5-21 to read as follows: 42-5-21. The department shall provide within the correctional system a Family Violence Counseling Program. The program shall be made available to every person sentenced to the custody of the state who committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1; 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 to those deemed mentally incompetent. SECTION 2. Said title is further amended by adding between Code Sections 42-8-35.5 and 42-8-36 a new Code Section 42-8-35.6 to read as follows: 42-8-35.6. Notwithstanding any other terms or conditions of probation which may be imposed, a court sentencing a defendant to probation for an offense involving family violence as such term is defined in Code Section 19-13-1 shall, to the extent that services are available, require as a condition of probation that the defendant participate in a court approved family violence intervention program or receive counseling related to family violence. Unless the defendant is indigent, the cost of such participation in the program or counseling shall be borne by the defendant.

Page 1115

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 (i) to read as follows: (i) An inmate who has committed an offense which has been identified to involve family violence as such term is defined in Code Section 19-13-1 shall not be released on parole until such inmate has successfully completed a Family Violence Counseling Program offered by the Department of Corrections. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CRIMES AND OFFENSES RAPE; AGGRAVATED SODOMY; CERTAIN MARITAL RELATIONSHIPS NOT DEFENSES TO CHARGES; MEDICAL EXAMINATION COSTS; INFORMATION TO BE PROVIDED TO VICTIMS; LIMITATION ON PROSECUTION FOR FORCIBLE RAPE; STATUTORY RAPE PENALTIES. Code Titles 16 and 17 Amended. No. 965 (Senate Bill No. 210). AN ACT To amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide that a marital relationship between the defendant and the alleged victim is not a defense to a charge of rape or aggravated sodomy; to provide that the law enforcement agency investigating an alleged rape or aggravated sodomy shall be financially responsible for the cost of a medical examination to the extent that expense is incurred in collecting evidence of the alleged crime; to change the penalty provisions for persons who are convicted of statutory rape; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide that certain information shall be offered or provided to persons believed to be victims of rape or aggravated sodomy; to provide that such information may be provided in any language; to set out the information to be provided; to change the limitation for the crime of forcible rape; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, is amended by striking in its entirety Code Section

Page 1116

16-6-1, relating to rape, and inserting in lieu thereof a new Code section to read as follows: 16-6-1. (a) A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape. (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life, or by imprisonment for not less than one nor more than 20 years. (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 16-6-2, relating to sodomy, and inserting in lieu thereof a new Code section to read as follows: 16-6-2. (a) A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another. A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy. (b) A person convicted of the offense of sodomy shall be punished by imprisonment for not less than one nor more than 20 years. A person convicted of the offense of aggravated sodomy shall be punished by imprisonment for life or by imprisonment for not less than one nor more than 20 years. (c) When evidence relating to an allegation of aggravated sodomy is collected in the course of a medical examination of the person who is the victim of the alleged crime, the law enforcement agency investigating the alleged crime shall be financially responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.

Page 1117

SECTION 3. Said chapter is further amended in Code Section 16-6-3, relating to the crime of statutory rape, by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (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 person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; provided, further, 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 shall be guilty of a misdemeanor. SECTION 4. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended in Code Section 17-3-1, relating to limitation on prosecutions, by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime. SECTION 5. Said title is further amended by inserting a new chapter to be designated Chapter 17 to read as follows: CHAPTER 17 17-17-1. When any employee of the Department of Human Resources, a law enforcement agency, or a court has reason to believe that he or she in the course of official duties is speaking to an adult who is or has been a victim of a violation of Code Section 16-6-1, relating to rape, or Code Section 16-6-2, relating to aggravated sodomy, such employee shall offer or provide such adult a written statement of information for victims of rape or aggravated sodomy. Such written statement shall, at a minimum, include the information set out in Code Section 17-17-2 and may include additional information regarding resources available to victims of sexual assault. Information for victims of rape or aggravated sodomy may be provided in any language. 17-17-2. The following information in substantially the form set out in this Code section shall be provided to adult victims of rape or aggravated sodomy in accordance with Code Section 17-17-2:

Page 1118

INFORMATION FOR VICTIMS OF RAPE OR FORCIBLE SODOMY If you are the victim of rape or forcible sodomy, you have certain rights under the law. Rape or forcible sodomy by a stranger or a person known to you, including rape or forcible sodomy by a person married to you, is a crime. You can ask the government's lawyer to prosecute a person who has committed a crime. The government pays the cost of prosecuting for crimes. If you are the victim of rape or forcible sodomy you should contact a local police department or other law enforcement agency immediately. A police officer will come to take a report and collect evidence. You should keep any clothing you were wearing at the time of the crime as well as any other evidence such as bed sheets. Officers will take you to the hospital for a medical examination. You should not shower or douche before the examination. The law requires that the police department or law enforcement agency investigating the crime pay for the medical examination to the extent of the cost for the collection of evidence of the crime. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC REGISTRATION AND LICENSING OF VEHICLES; 12-MONTH STAGGERED REGISTRATION; FOUR-MONTH STAGGERED OR NONSTAGGERED REGISTRATION BY LOCAL ACT; LICENSE PLATES AND REVALIDATION DECALS; SPECIAL LICENSE PLATES FOR CERTAIN MILITARY PERSONNEL AND VETERANS; TRANSFER OF LICENSE PLATES; AD VALOREM TAX PENALTY. Code Title 40, Chapter 2 Amended. Code Section 48-5-451 Amended. No. 966 (Senate Bill No. 280). 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 change certain provisions relating to operation of unregistered vehicles; to change certain provisions relating to registration and licensing requirements; to provide for straggered motor vehicle registration over a 12 month period; to provide for four-month staggered or nonstaggered registration by local

Page 1119

Act; to provide for staggered motor vehicle registration for certain vehicles owned by entities other than natural persons; to change certain licensing and registration deadlines; to change certain provisions relating to license plates and revalidation decals; to provide for penalties for late registration; to change certain provisions relating to special license plates for certain military personnel and veterans; to provide that certain license plates may be transferred between vehicles under certain circumstances; 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 certain provisions relating to penalties for failure to make return or pay tax; to provide for related matters; to provide for an effective date; to provide for the repeal of certain local laws; to provide that certain local laws shall not be repealed; 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 subsection (b) of Code Section 40-2-8, relating to the operation of unregistered vehicles, in its entirety and inserting in lieu thereof the following: (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 decal affixed to a corner or corners of the license plate as designated by the commissioner, if required, shall be stored at the owner's risk and expense by any law enforcement officer of the State of Georgia. 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 30 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. SECTION 2. Said chapter is further amended by striking Code Section 40-2-20, relating to registration and licensing requirements, in its entirety and inserting in lieu thereof the following:

Page 1120

40-2-20. (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 and obtain a license to operate it for the 12 month period until such person's next registration period. 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 30 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. The purchaser of every used motor vehicle, including tractors and motorcycles, or trailer which is currently registered shall, within 30 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.

Page 1121

(3) In calendar year 1997, motor vehicles registered in this state prior to January 1, 1997, shall: (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. (b) Subsection (a) of this Code section shall not apply: (1) To any motor vehicle or trailer owned by the state or any municipality or other political subdivision of this state and used exclusively for governmental functions except to the extent provided by Code Section 40-2-37; (2) To any tractor or three-wheeled motorcycle used only for agricultural purposes; (3) To any trailer which has no springs and which is being employed in hauling unprocessed farm products to their first market destination; (4) To any trailer which has no springs, which is pulled from a tongue, and which is used primarily to transport fertilizer to a farm; (5) To any motorized cart; or (6) To any moped. (c) Any person who fails to register a new or used motor vehicle within 30 days of its purchase as required in subsection (a) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $100.00. 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:

Page 1122

(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: (I) The month of January for the owner whose name begins with the letter A or B; (II) The month of February for the owner whose name begins with the letter C or D; (III) The month of March for the owner whose name begins with the letter E or F; (IV) The month of April for the owner whose name begins with the letter G or H; (V) The month of May for the owner whose name begins with the letter I or J; (VI) The month of June for the owner whose name begins with the letter K or L; (VII) The month of July for the owner whose name begins with the letter M or N; (VIII) The month of August for the owner whose name begins with the letter O or P; (IX) The month of August for the owner whose name begins with the letter Q or R; (X) The month of October for the owner whose name begins with the letter S or T; (XI) The month of November for the owner whose name begins with the letter U, V, or W; and (XII) The month of December for the owner whose name begins with the letter X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January 1 through April 30 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (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:

Page 1123

(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; (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; or (ii) For entities other than natural persons: (I) The month of January for the owner whose name begins with the letter A, B, C, or D; (II) The month of February for the owner whose name begins with the letter E, F, G, H, I, J, or K; (III) The month of March for the owner whose name begins with the letter L, M, N, O, P, Q, or R; and (IV) The month of April for the owner whose name begins with the letter S, T, U, V, W, X, Y, or Z; or (iii) The provisions of divisions (i) and (ii) of this subparagraph notwithstanding, January 1 through April 30 for vehicles in excess of 26,000 pounds which are owned by natural persons or entities other than natural persons; or (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. For purposes of determining the registration period of an owner which is an entity other than a natural person in subparagraphs (A) and (B) of this paragraph, the owner shall be deemed to be the owner whose name appears first on the certificate of title or other record of ownership. Any other provision of this paragraph notwithstanding, registration of vehicles under the International Registration Plan shall be as provided by Code Section 40-2-88. (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.

Page 1124

(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 must register and obtain a license to operate such vehicle not later than the last day of the registration period of the lessee. (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 staggered registration or the new owner of a vehicle registered in the previous calendar year which was transferred to such new owner after the new owner's registration period 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 such new owner's registration period or, if such registration period has passed for that year 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) 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. (e) 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 verified 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

Page 1125

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. 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 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 applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal.

Page 1126

SECTION 5. Said chapter is further amended by striking Code Section 40-2-40, relating to the registration of delinquent vehicles, in its entirety and inserting in lieu thereof the following: 40-2-40. (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 30 days of its purchase. (b) All applications for the registration of a delinquent vehicle shall, before being accepted by a tag agent, be first endorsed by a sheriff or a deputy sheriff, a chief of police or his designated representative, a state highway patrolman, a state revenue special agent or enforcement officer, a Department of Transportation enforcement officer, a tax commissioner, or a tax collector. The officer endorsing the delinquent application shall indicate, with his endorsement on the application, the total amount of the prescribed registration fee together with the 25 percent penalty provided in this Code section and the sum of $1.00, and the full total of such amount shall be paid to the tag agent before any license plate or revalidation decal as provided for in this chapter shall be assigned to the applicant. (c) All penalties assessed under this Code section shall be accredited in the office of the tag agent when received in the name of the officer making the endorsement, without regard to the residence of the applicant, whether such penalty is received through the exercise of such officer's authority as an arresting officer or through appearance of the applicant at his office for proper endorsement on an application. (d) Between the first and fifth days of each calendar month, the tag agent shall remit to the respective fiscal authorities of the counties or cities employing the endorsing officers the full amount of such penalties accredited to such officers during and for the preceding calendar month. All sums accredited to state highway patrolmen, state revenue special agents or enforcement officers, or Department of Transportation enforcement officers shall be paid to the fiscal authorities of the county where the vehicle is registered. SECTION 6. 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:

Page 1127

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.

Page 1128

(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, 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 7. 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 transportation. Each member of the Georgia National Guard shall be

Page 1129

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 license plate to such newly acquired motor vehicle in such manner as the

Page 1130

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.

Page 1131

SECTION 8. Said chapter is further amended by striking Code Section 40-2-67, relating to special license plates for state commanders of nationally chartered veterans' organizations, in its entirety and inserting in lieu thereof the following: 40-2-67. (a) The state commanders of nationally chartered veterans' organizations, upon application and compliance with the state motor vehicle laws relative to the registration and licensing of motor vehicles, upon payment of the regular license fees for license plates as provided by law, and upon the payment of an additional initial fee of $25.00 and 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 as provided in Code Section 40-2-34, shall be issued license plates as prescribed in Code Section 40-2-31 for use on their official or private passenger automobiles, upon which, in lieu of the numbers prescribed by said Code section, shall be such figures or symbols indicative of the office held by such individuals as may be prescribed by the commissioner. (b) License plates issued under this Code section may not be transferred so as to be used by any person other than the person to whom such plate was originally issued but may be transferred to another vehicle as provided in Code Section 40-2-80, except that such plates shall not be used by any person after vacating the office of commander of any of the organizations enumerated in this Code section. SECTION 9. Said chapter is further amended by striking subsection (a) of Code Section 40-2-68, relating to special license plates for Medal of Honor winners, in its entirety and inserting in lieu thereof the following: (a) Motor vehicle owners who have been awarded the Medal of Honor and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued two distinctive personalized license plates free of charge. Such license plates shall be fastened to both the front and the rear of the vehicle. Such license plates may be transferred to another vehicle as provided in Code Section 40-2-80. SECTION 10. Said chapter is further amended by striking Code Section 40-2-70, relating to special license plates for certain disabled veterans, in its entirety and inserting in lieu thereof the following:

Page 1132

40-2-70. Any citizen and resident of the State of Georgia who has been discharged from the armed forces under conditions other than dishonorable, who is disabled to any degree specified and enumerated in Code Section 40-2-69, and who is the owner of a private passenger motor vehicle, but who cannot qualify under Code Section 40-2-69, shall be entitled to a special and distinctive automobile license plate. Such license plate may be transferred to another vehicle as provided in Code Section 40-2-80. Such veteran shall be entitled to such plate regardless of whether he or she is suffering from a service connected or nonservice connected disability. Such veteran must apply for such license plate and, upon compliance with the state motor vehicle laws for licensing of motor vehicles and payment of the regular license fee for plates as prescribed under Chapter 10 of Title 48, such veteran shall be issued similar license plates as prescribed in Code Section 40-2-71 for private passenger cars. There shall be no charge for the additional plate issued such veteran under this Code section. If a veteran has not been certified as disabled by the United States Department of Veterans Affairs, such veteran may submit to the Department of Veterans Service such veteran's discharge papers and a certified statement from a physician, licensed under Chapter 34 of Title 43, certifying that in the opinion of such physician such veteran is disabled to a degree enumerated in Code Section 40-2-69. If the certificate from the physician indicates the qualifying disabilities which meet the standards of the United States Department of Veterans Affairs, the commissioner of veterans service shall submit a letter to the Department of Revenue indicating that the veteran meets the requirements of this Code section and qualifies for a special license plate as provided in this Code section. SECTION 11. Said chapter is further amended by striking Code Section 40-2-71, relating to design of disabled veterans plates and restrictions on issuance and transfer, in its entirety and inserting in lieu thereof the following: 40-2-71. (a) The commissioner is directed to furnish the license plates provided for in Code Sections 40-2-69 and 40-2-70. Such plates shall be printed in three colors: red, white, and blue. The commissioner is authorized and directed to design the license plate. Each plate shall contain, in bold characters, the name of the state, or abbreviation thereof, the year, the serial number, and either the words `Disabled Veteran' or `Disabled Vet.' (b) Such license plates so issued may be transferred to another vehicle as provided in Code Section 40-2-80. (c) No disabled veteran shall be entitled to own or operate more than one vehicle with the free license plates provided by Code Sections 40-2-69, 40-2-70, and this Code section.

Page 1133

SECTION 12. Said chapter is further amended by striking subsection (b) of Code Section 40-2-73, relating to special license plates for former prisoners of war, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) Owners of motor vehicles who are veterans of the armed forces of the United States, who have been prisoners of war, who were discharged under honorable conditions, and who are residents of this state, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles, shall be issued one distinctive personalized license plate free of charge and, upon the payment of the appropriate taxes and registration fees, shall be issued additional distinctive personalized license plates. Such license plates may be transferred to another vehicle as provided in Code Section 40-2-80. Such license plates shall be fastened to the rear of the vehicles. SECTION 13. Said chapter is further amended by striking subsection (e) of Code Section 40-2-74, relating to special license plates for persons with disabilities, in its entirety and inserting in lieu thereof the following: (e) The commissioner may begin issuing disabled persons' license plates with the year 1976. Any license plate issued pursuant to the provisions of this Code section may be transferred to another vehicle as provided in Code Section 40-2-80. SECTION 14. Said chapter is further amended by striking subsection (c) 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: (c) The commissioner shall make such rules and regulations as necessary to ascertain compliance with all state license laws relating to use and operation of a private passenger vehicle before issuing these plates in lieu of the regular Georgia license plate. Such plates may be transferred to another vehicle as provided in Code Section 40-2-80. 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 48-5-451, 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:

Page 1134

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 $5.00, whichever is greater, for the failure to make the return or pay the tax in accordance with this article. SECTION 16. This Act shall become effective on January 1, 1997. SECTION 17. Any local Act 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; provided, however, that any local Act enacted in 1996 pursuant to the provisions of Code Section 40-2-21 as enacted by Act No. 385, Ga. L. 1995, which local Act provides for a four-month staggered registration period for a county, shall not be repealed by the provisions of this Act, but the registration period for such county shall be as provided by subparagraph (a)(1)(B) of Code Section 40-2-21 as enacted by this Act and not as provided in such local Act. SECTION 18. Those parts of Act No. 385, Ga. L. 1995, an Act amending Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, and amending 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, approved April 19, 1995, in conflict with this Act are repealed. SECTION 19. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. GAME AND FISH HUNTING; SMALL GAME HUNTING ON WILDLIFE MANAGEMENT AREAS; HUNTING UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ALCOHOL AND DRUGS PROHIBITED; PENALTIES. Code Sections 27-3-1.1 and 27-3-7 Amended. No. 967 (Senate Bill No. 530). AN ACT To amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, so as to

Page 1135

repeal a certain prohibition relating to hunting small game; to provide that it shall be unlawful to hunt while intoxicated; to define a certain term; to provide for blood alcohol concentration tests; to provide certain presumptions; to provide for an implied consent to test; to provide that refusal to submit to such testing shall result in the revocation of hunting privileges; to provide for notice of rights; to provide for penalties; 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 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions relative to hunting, is amended by striking in its entirety Code Section 27-3-1.1, relating to acts prohibited on wildlife management areas, and inserting in lieu thereof the following: 27-3-1.1. It shall be unlawful for any person on any wildlife management area owned or operated by the department: (1) To possess a firearm during a closed hunting season for that area unless such firearm is unloaded and stored in a motor vehicle so as not to be readily accessible; (2) To possess a loaded firearm in a motor vehicle during a legal open hunting season for that area; (3) To be under the influence of drugs, intoxicating liquors, beers, or wines. The determination of whether any person is under the influence of drugs or intoxicating liquors, beers, or wines may be made in accordance with Code Section 27-3-7; (4) To hunt within 50 yards of any road which receives regular maintenance for the purpose of public vehicular access; (5) To target practice, except where an authorized shooting range is made available by the department, and then only in a manner consistent with the rules for shooting ranges promulgated by the board; (6) To drive a vehicle around a closed gate, cable, sign, or other structure or device intended to prevent vehicular access to a road entering onto or within such an area; (7) To hunt within any posted safety zone; (8) To camp upon or drive a motor vehicle over any permanent pasture or area planted in crops; (9) While hunting bears in any such area opened to bear hunting, to kill a female bear with cub(s) or to kill a cub weighing less than 75 pounds;

Page 1136

(10) To fail to report if he or she kills a deer, bear, or turkey in the manner specified by the rules of the department for that wildlife management area on the date killed to the state game and fish checking station on the area; (11) To construct any tree stand or to hunt from any tree stand except a portable or natural tree stand; or (12) To trap except with a special trapping permit issued by the department. SECTION 2. Said article is further amended by striking in its entirety Code Section 27-3-7, relating to hunting while intoxicated, which reads as follows: 27-3-7. It shall be unlawful for any person to hunt in this state while under the influence of any drugs, intoxicating wines, beers, or liquor. A determination of whether the person is under the influence of drugs, intoxicating liquors, beers, or wines may be made in accordance with Code Section 40-6-392. and inserting in lieu thereof the following: 27-3-7. (a) As used in this Code section, the term `hunt' or `hunting' means the act of hunting, as such term is defined in Code Section 27-1-2, while in possession of or using a firearm, bow, or any other device which serves to launch a projectile. (b) A person shall not hunt while: (1) Under the influence of alcohol to the extent that it is less safe for the person to hunt; (2) Under the influence of any drug to the extent that it is less safe for the person to hunt; (3) Under the combined influence of alcohol and any drug to the extent that it is less safe for the person to hunt; (4) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such hunting from alcohol consumed before such hunting ended; or (5) Subject to the provisions of subsection (c) 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.

Page 1137

(c) 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 hunting safely as a result of using a drug other than alcohol which such person is legally entitled to use. (d) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (b) of this Code section, evidence of the amount of alcohol or drug in a person's blood, urine, breath, or other bodily substance at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance shall be admissible. Where such a chemical test is made, the following provisions shall apply: (1) 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 the 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; (2) When a person undergoes a chemical test at the request of a law enforcement officer, only a physician, registered nurse, laboratory technician, emergency medical technician, or other qualified person may withdraw blood for the purpose of determining the alcoholic content therein, provided that this limitation shall not apply to the taking of breath or urine specimens. No physician, registered nurse, or other qualified person or employer thereof shall incur any civil or criminal liability as a result of the medically proper obtaining of such blood specimens when requested in writing by a law enforcement officer; (3) The person tested may have a physician or a qualified technician, chemist, registered nurse, or other qualified person of his or her own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. The justifiable failure or inability to obtain an additional test shall not

Page 1138

preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer; and (4) Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to such person or such person's attorney. The arresting officer at the time of arrest shall advise the person arrested of his or her rights to a chemical test or tests according to this Code section. (e) In the event of a hunting accident involving a fatality, the investigating coroner or medical examiner having jurisdiction shall direct that a chemical blood test to determine the blood alcohol concentration or the presence of drugs be performed on the dead person and that the results of such test be properly recorded on his or her report. (f) Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person hunting in violation of subsection (b) of this Code section, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's blood, urine, breath, or other bodily substance, shall give rise to the following presumptions: (1) If there was at that time a blood alcohol concentration of 0.05 grams or less, it shall be presumed that the person was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (2) If there was at that time a blood alcohol concentration in excess of 0.05 grams but less than 0.08 grams, such fact shall not give rise to any presumption that the person was or was not under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; (3) If there was at that time a blood alcohol concentration of 0.08 grams or more, it shall be presumed that the person was under the influence of alcohol, as prohibited by paragraphs (1), (2), and (3) of subsection (b) of this Code section; and (4) If there was at that time or within three hours after hunting, from alcohol consumed before such hunting ended, a blood alcohol concentration of 0.10 or more grams, the person shall be in violation of paragraph (4) of subsection (b) of this Code section. (g)(1) Any person who exercises the privilege of hunting in this state shall be deemed to have given consent, subject to subsection (d) of this Code section, to a chemical test or tests of his or her blood, breath,

Page 1139

urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed while such person was hunting in violation of subsection (b) of this Code section. Subject to subsection (d) of this Code section, the requesting law enforcement officer shall designate which test or tests shall be administered. (2) At the time a chemical test or tests are requested, the arresting officer shall read to the person the following implied consent warning: `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 and you are convicted of hunting while under the influence of alcohol or drugs, your privilege to hunt in this state will be suspended for a period of two years. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you consent to the test, the results may be offered into evidence against you. 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?' (h) Any person who is dead, unconscious, or otherwise in a condition rendering such person incapable of refusal shall be deemed not to have withdrawn the consent provided by subsection (g) of this Code section, and the test or tests may be administered, subject to subsection (d) of this Code section. (i)(1) If a person refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (g) of this Code section, no test shall be given; provided, however, that subject to the provisions of paragraphs (2) and (3) of this subsection, such refusal shall be admissible in any legal action; and provided, further, that upon conviction of a violation of subsection (b) of this Code section, in addition to any other punishment imposed, such person's privileges to hunt in this state shall be suspended by operation of law for a period of two years. The fact that such person was not in possession of a valid hunting license at the time of the violation shall have no effect on the suspension of his or her hunting privilege. (2) If in any legal action a party desires to present evidence of the refusal of a person charged with violating subsection (b) of this Code section to submit to a chemical test designated by a law enforcement officer as provided in subsection (g) of this Code section, the party desiring to present such evidence shall request the judge presiding

Page 1140

over such legal proceeding to hold a hearing to determine the admissibility of such evidence after notice to the person alleged to have refused to submit to such testing and to the law enforcement officer. (3) The scope of the hearing shall be limited to the following issues: (A) Whether the law enforcement officer had reasonable grounds to believe the person was hunting while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating subsection (b) of this Code section; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test; and (C) Whether the person refused to submit to the test. (4) It shall be unlawful during any period of a person's hunting privilege suspension for such person to: (A) Hunt without a license in violation of Code Section 27-2-1; (B) Possess a current Georgia hunting license; or (C) Hunt in any situation where a hunting license is not required. (5) Any person convicted of hunting while intoxicated while his or her hunting privileges are suspended pursuant to this subsection shall be guilty of a misdemeanor. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HEALTH GEORGIA LEAD-BASED PAINT HAZARD REDUCTION PROGRAM; LEAD PAINT ABATEMENT CERTIFICATION PROGRAMS. Code Sections 31-41-4 and 31-41-5 Amended. No. 968 (Senate Bill No. 554). AN ACT To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to provide that the Department of Natural Resources may designate the environmental protection division to perform certain duties; to provide that implementation of certain lead paint abatement certification programs shall be contingent upon the promulgation of certain federal regulations; to provide that the

Page 1141

Board of Natural Resources may promulgate certain regulations; 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 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by striking in its entirety Code Section 31-41-4, relating to the establishment of the Georgia Lead-Based Paint Hazard Reduction Program, and inserting in lieu thereof the following: 31-41-4. (a) There is established the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Natural Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program. The commissioner may delegate such duties to the Environmental Protection Division. (b) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement certification programs shall issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead hazard detection or lead hazard reduction services, which may include, but shall not be limited to, lead inspectors, risk assessors, lead hazard reduction planners and project designers, lead contractors, and workers of such persons. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program may be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department may apply for such approval. The department shall establish fees for approval of such training programs. (c)(1) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement certification programs shall establish training and licensure requirements for inspectors, risk assessors, lead reduction planners/project designers, lead contractors, and certification requirements for their workers. No person shall be licensed under this chapter unless such person has successfully completed the appropriate training program, passed an

Page 1142

examination approved by the department for the appropriate category of license, and completed any additional requirements imposed by the board by regulation. The department is authorized to accept any lead hazard training completed after January 1, 1990, in full or partial satisfaction of the training requirements. The board may establish requirements for periodic refresher training for all licensees as a condition of license renewal. The board shall establish examination fees, license fees, and renewal fees for all licenses issued under this chapter, provided that such fees shall reflect the cost of issuing and renewing such licenses, regulating licensed activities, and administering the program. (2) On and after the effective date of regulations promulgated by the board as provided in subparagraph (b) of this Code section, no person shall perform or represent that such person is qualified to perform any lead hazard reduction activities for compensation unless such person possesses the appropriate licensure or certification as determined by the board or unless such person is: (A) An owner performing abatement upon that person's own property; or (B) An employee of a property management company doing routine cleaning and repainting upon property managed by that company where there is insignificant damage, wear, or corrosion of existing lead-containing paint or coating substances. (3) A person who is employed by a state or county health department or state or federal agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead inspector but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the board under this chapter. (d) The board shall promulgate regulations establishing standards of acceptable professional conduct for the performance of lead hazard reduction activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension or revocation of a license, or the denial of the issuance or renewal of a license. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 31-41-5, relating to the enforcement of such chapter, and inserting in lieu thereof the following: 31-41-5. The Board of Natural Resources shall be authorized to promulgate all necessary regulations for the implementation and enforcement of this

Page 1143

chapter. In addition to any action which may be taken to reprimand a licensee or to revoke or suspend a license, any person who violates any provision of this chapter or any regulation promulgated pursuant to this chapter or any term or condition of licensure may be subject to a civil penalty of not more than $10,000.00, to be imposed by the department. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. 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 15, 1996. SOCIAL SERVICES CHILD ABUSE, SEXUAL ABUSE, OR SEXUAL HARASSMENT OF CHILDREN; ACCESS TO RECORDS BY CHILD ADVOCACY CENTERS; CHILD ABUSE REGISTRY. Code Title 49, Chapter 5 Amended. No. 969 (Senate Bill No. 575). 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 provide for access to records of child abuse, sexual abuse, or sexual harassment of children by certain child advocacy centers; to provide for confidentiality and penalties for unauthorized access to or use of such records; to change the provisions relating to definitions relative to the child abuse registry; to change the provisions regarding whose names may be included in such registry and regarding notice and hearing for inclusion of names upon or expungement of names from such registry; to change the provisions relating to appeals; 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 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended in Code Section 49-5-41, relating to persons and agencies permitted access to records of child abuse, sexual abuse, or sexual harassment of children, by

Page 1144

inserting in subsection (a), following paragraph (7), a new paragraph (7.1) to read as follows: (7.1) A child advocacy center which is certified by the Child Abuse Protocol Committee of the county where the principal office of the center is located as participating in the Georgia Network of Children's Advocacy Centers or a similar accreditation organization and which is operated for the purpose of investigation of known or suspected child abuse and treatment of a child or a family which is the subject of a report of abuse, and which has been created and supported through one or more intracommunity compacts between such advocacy center and one or more police agencies, the office of the district attorney, a legally mandated public or private child protective agency, a mental health board, and a community health service board; provided, however, any child advocacy center which is granted access to records concerning reports of child abuse shall be subject to the confidentiality provisions of subsection (b) of Code Section 49-5-40 and shall be subject to the penalties imposed by Code Section 49-5-44 for authorizing or permitting unauthorized access to or use of such records; SECTION 2. Said chapter is further amended by striking Code Section 49-5-180, relating to definitions, and inserting in its place the following: 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) `Administrative law judge' means the person who conducts a hearing for the Office of State Administrative Hearings pursuant to this article. (3.2) `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 (b) of Code Section

Page 1145

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 if said neglect or exploitation consists of a lack of supervision, abandonment, or intentional or unintentional disregard by a parent or caretaker of a child's basic needs for food, shelter, medical care, or education as evidenced by repeated incidents or a single incident which places the child at substantial risk of harm, and this shall be deemed to be child neglect for purposes of the classification required by paragraph (4) of subsection (b) of Code Section 49-5-183; and (C) Sexual abuse of a child, and this shall be deemed to be sexual abuse for purposes of the classification required by paragraph (4) of subsection (b) of Code Section 49-5-183. 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. (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. (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, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (B) Bestiality; (C) Masturbation; (D) Lewd exhibition of the genitals or public area of any person;

Page 1146

(E) Flagellation or torture by or upon a person who is nude; (F) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is nude; (G) Physical contact in an act of apparent sexual stimulation or gratification with any person's clothed or unclothed genitals, pubic area, or buttocks or with a female's clothed or unclothed breasts; (H) Defecation or urination for the purpose of sexual stimulation; (I) Penetration of the vagina or rectum by any object except when done as part of a recognized medical procedure; or (J) Sexual exploitation. 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. (9) `Sexual exploitation' means conduct by a person who allows, permits, encourages, or requires a 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. SECTION 3. Said chapter is further amended by striking Code Section 49-5-183.1, relating to notice to alleged child abusers of their classifications, and inserting in its place the following: 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 and such person was at least 13 years of age at the time of the

Page 1147

commission of such act, the person so named shall be deemed to be an alleged child abuser for purposes of this article. (b) When a DFACS office receives an investigator's report pursuant to subsection (a) of this Code section naming an alleged child abuser, that office shall mail to each alleged child abuser so classified in such report a notice regarding such classification. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the current address of the alleged child abuser and proper postage affixed. The notice of classification shall further inform such alleged child abuser of such person's right to a hearing to appeal such classification. The notice of classification shall further inform such alleged child abuser of the procedures for obtaining the hearing, and that an opportunity shall be afforded all parties to be represented by legal counsel and to respond and present evidence on all issues involved. (c) Any alleged child abuser who has not attained the age of majority set forth by Code Section 39-1-1 at the time of the hearing requested pursuant to subsection (e) of this Code section who is alleged to have committed an act of child abuse shall be entitled to representation at the hearing either by the alleged child abuser's parent or other legal guardian or by an attorney employed by such parent or guardian. In the event the administrative law judge conducting the hearing determines that any such alleged minor child abuser will not be so represented at the hearing, or that the interests of any such alleged minor child abuser may conflict with the interests of the alleged minor child abuser's parent or other legal guardian, the administrative law judge shall order the DFACS office which transmitted the hearing request to apply to the superior court of the county in which such DFACS office is located to have counsel appointed for the alleged minor child abuser. Payment for any such court appointed representation shall be made by the county in which such DFACS office is located. (d) In order to exercise such right to a hearing, the alleged child abuser must file a written request for a hearing with the DFACS office which mailed the notice of classification within ten days after receipt of such notice. The written request shall contain the alleged child abuser's current residence address and, if the person has a telephone, a telephone number at which such person may be notified of the hearing. (e) A DFACS office which receives a timely written request for a hearing under subsection (d) of this Code section shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provision of law, the Office of State Administrative Hearings shall conduct a hearing upon that request in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act' and the rules of the Office of State Administrative Hearings adopted pursuant thereto, except as otherwise provided in this article. The hearing shall be for the purpose of an administrative

Page 1148

determination regarding whether 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.' The Office of State Administrative Hearings shall give notice of the time and place of the hearing to the alleged child abuser by first class mail to the address specified in the written request for a hearing and to the DFACS office by first class mail at least ten days prior to the date of the hearing. It shall be a rebuttable presumption that any such notice is received five days after deposit in the United States mail with the correct address of the alleged child abuser and the DFACS office, respectively, and proper postage affixed. Unless postponed by mutual consent of the parties and the administrative law judge or for good cause shown, that hearing shall be held within 30 business days following receipt by the Office of State Administrative Hearings of the request for a hearing, and a decision shall be rendered within five business days following such hearing. A motion for an expedited hearing may be filed in accordance with rules and regulations promulgated by the Office of State Administrative Hearings. The hearing may be continued as necessary to allow the appointment of counsel. A telephone hearing may be conducted concerning this matter in accordance with standards prescribed in paragraph (5) of Code Section 50-13-15. Upon the request of any party to the proceeding or the assigned administrative law judge, venue may be transferred to any location within the state if all parties and the administrative law judge consent to such a change of venue. Otherwise, the hearing shall be conducted in the county of the DFACS office which transmitted the hearing request to the Office of State Administrative Hearings. The doctrines of collateral estoppel and res judicata as applied in judicial proceedings are applicable to the administrative hearings held pursuant to this article. (f) At the conclusion of the hearing under subsection (e) of this Code section, the administrative law judge 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 administrative law judge 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 child abuse alleged than such individual did not commit the child abuse alleged or as unconfirmed if there is some credible evidence that the alleged child abuser committed the alleged child abuse but not enough credible evidence to classify the individual as confirmed. The general public shall be excluded from hearings of the Office of State Administrative Hearings held pursuant to this article and the files and records relating thereto shall be confidential and not subject to public inspection. (g) Notwithstanding any other provision of law, the decision of the administrative law judge under subsection (f) of this Code section shall

Page 1149

constitute the final administrative decision. Any party shall have the right of judicial review of such decision in accordance with Chapter 13 of Title 50, except that the petition for review shall be filed within ten days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be substantially the same as those for judicial 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 superior 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 superior court under this subsection shall not be subject to further appeal or review. (h) 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 (d) of this Code section. If a timely request for hearing is received, the administrative law judge shall transmit to the division his or her 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 superior court 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. (i) 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. SECTION 4. Said chapter is further amended by striking Code Section 49-5-184, relating to hearing on expungement of names from the abuse registry, and inserting in its place the following: 49-5-184. (a) If the division receives an investigator's report, administrative law judge's decision, or superior court decision which finds credible evidence

Page 1150

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 whether or not expungement of such person's 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. The provisions of this subsection shall not apply to persons who have had a hearing pursuant to Code Section 49-5-183.1 or have waived their hearing after receipt of notice. (d) A DFACS office which receives a written request for a hearing by a person entitled to a hearing pursuant to subsection (c) of this Code section shall transmit that request to the Office of State Administrative Hearings within ten days after such receipt. Notwithstanding any other provisions of law, the State Office of Administrative Hearings shall conduct a hearing as provided in this subsection. A hearing shall be conducted upon that request within 60 days following its receipt by the Office of State Administrative Hearings. 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 Office of State Administrative Hearings shall order the division to expunge that name from the registry; otherwise, the Office of State Administrative Hearings shall not take any action regarding the inclusion of such person's name on the registry unless the Office of State Administrative Hearings 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 of State Administrative Hearings 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 Office of State Administrative Hearings under subsection (d) of this

Page 1151

Code section shall constitute the final administrative decision. Any party shall have the right of judicial review of that decision in accordance with Chapter 13 of Title 50, except that the petition for review shall be filed within 30 days after such decision and may only be filed with and the decision appealed to the superior court of the county where the hearing took place or, if the hearing was conducted by telephone, the Superior Court of Fulton County. The procedures for such appeal shall be the same as those for judicial 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 superior court under this subsection shall not be subject to further appeal or review. SECTION 5. (a) Except as provided by 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 1 of this Act shall become effective July 1, 1996. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. AGRICULTURE SEED; CERTIFICATION OF SEEDS AND PLANTS; SEED ARBITRATION COUNCIL; COMMERCIAL FRUIT AND NUT TREES; GEORGIA SEED LAW AMENDED; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 2, Chapter 11 Amended. No. 970 (Senate Bill No. 583). AN ACT To amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to substantially rewrite the laws of this state relating to seed; to provide for definitions; to repeal certain definitions; to change the provisions relating to labeling of seeds; to change the provisions relating to the required contents of labels; to change the provisions relating to prohibited acts and to provide for additional prohibitions; to change the provisions relating to records and samples which must be kept and the inspection thereof; to change the provisions relating to the powers and duties of the Commissioner of Agriculture; to change the provisions relating to licensing and the revocation of licenses; to provide for penalties; to repeal certain provisions relating to itinerant vendors and bonds; to change the provisions relating to the power of the Commissioner to promulgate and enforce rules and regulations; to repeal

Page 1152

provisions relating to the Seed Advisory Committee; to change the provisions relating to applicability of certain laws; to change the provisions relating to the certification of seeds and plants; to change certain definitions; to change references to certain organizations or associations; to change the provisions relating to the Seed Arbitration Council and the duties, power, authority, practices, and procedures of such council; to change the provisions relating to complaints, fees, and forfeitures; to change the provisions relating to membership of the Seed Arbitration Council; to provide for arbitration concerning commercial fruit and nut trees which are alleged to be of a variety other than the variety represented to the purchasers; to provide penalties; to provide for other matters related to seed; 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 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by striking Article 2, known as the Georgia Seed Law, in its entirety and inserting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 2-11-20. This article may be cited as the `Georgia Seed Law.' 2-11-21. As used in this article, the term: (1) `Advertisement' means all representations, other than those on the label, disseminated in any manner or by any means, relating to any seed within the scope of this article. (2) `Agricultural seed' means the seeds of grass, forage, cereal, oil, and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural seed, lawn seed, and mixtures of such seeds and may include noxious weed seed when the Commissioner of Agriculture determines that such seed is being used as agricultural seed. (3) `Bulk' means a volume of seed in a container larger than a typical individual packaging unit for that kind, e.g., bulk bags and boxes, bins, trucks, rail cars, or barges. (4) `Coated or encrusted seed' means seed that has been covered by a layer or layers of materials that obscure the original shape and size of the seed resulting in a substantial weight increase. The addition of

Page 1153

biologicals, pesticides, identifying colorants, dyes, polymers, and other ingredients can be included in this process. (5) `Dormant seed' means viable seed, excluding hard seed, that fail to germinate when provided the specified germination conditions for the kind of seed in question. (6) `Flower seed' means the seeds of herbaceous plants grown for their blooms, ornamental foliage, or other ornamental parts and commonly known and sold under the name of flower seeds in this state. (7) `Germination' means the emergence and development from the seed embryo of those essential structures which, for the kind of seed in question, are indicative of the ability to produce a normal plant under favorable conditions. (8) `Hard seed' means seed that remain hard at the end of the prescribed test period because they have not absorbed water due to an impermeable seed coat. (9) `Hybrid' means the first generation of a cross produced by controlling the pollination and by combining: (A) two or more inbred lines; (B) one inbred or a single cross with another single cross or with an open-pollinated variety; or (C) two varieties or species, except open-pollinated varieties of corn (Zea mays) and other open-pollinated crop kinds. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. Hybrid designations shall be treated as variety names and hybrids shall be labeled as hybrids. (10) `Inert matter' means all matter that is not seed, which includes but is not limited to broken seeds, sterile florets, chaff, fungus bodies, and stones as determined by methods defined by rule. The percent inert matter shall not exceed 3 percent for hybrid field corn, nor 4 percent inert matter for other agricultural crop seed, except as established by rule for special crops. Inert matter will not include coating or pelleting material, fertilizer, or mulch, for which there are no limitations. (11) `Inoculated seed' means seed that has received a coating of a preparation containing a microbial product, e.g., Rhizobium sp. (12) `Kind' means one or more related species or subspecies which singly or collectively are known by one common name, as, for example, corn, oats, alfalfa, and cotton. (13) `Labeling' means a tag or other written, printed, or graphic representations, on any container or accompanying any lot of bulk seeds, including such representations as those on invoices, purporting to set forth the information required on the seed label by this article.

Page 1154

(14) `Lawn and turf' pertains to seeds of the grass family (Poaceae) that are used within the industry for lawn and turf applications. (15) `Lot' means a definite quantity of seed identified by a lot number or other mark, every portion or bag of which is uniform within recognized tolerances for the factors which are required to appear in the labeling. (16) `Mixture,' `mix,' or `mixed' means seed consisting of more than one kind or variety or both, each in excess of 5 percent by weight of the whole. (17) `Noxious weed seeds' include `prohibited noxious weed seeds' and `restricted noxious weed seeds,' as defined in subparagraphs (A) and (B) of this paragraph, provided that the Commissioner of Agriculture may, through the promulgation of regulations, establish a list of seeds included under subparagraphs (A) and (B), whenever the Commissioner finds that such seeds conform to the respective definitions. (A) `Prohibited noxious weed seeds' are those weed seeds that are prohibited from being present in agricultural, vegetable, flower, tree, or shrub seed. They are the seed of weeds that are highly destructive and difficult to control by good cultural practices and the use of herbicides. (B) `Restricted noxious weed seeds' are those weed seeds that are very objectionable in fields, lawns, and gardens of this state but can be controlled by good cultural practice. (18) `Other crop seed' means seed of plants grown as crops (other than the kind or variety included in the pure seed) as determined by methods defined by rule. (19) `Pelleted seed' means coated or encrusted seed that also improves the plantibility or singulation of the seed. (20) `Person' means an individual, partnership, corporation, company, association, receiver, trustee, or agent. (21) `Private hearing' means a discussion of facts between the person charged with a violation and representatives of the Georgia Department of Agriculture. (22) `Pure seed' means all seeds of each kind and variety under consideration that are present in excess of 5 percent of the whole. Kinds or varieties shown on a label as components of a mixture in amounts 5 percent or less of the whole may be considered pure seed when shown on a label as components of a mixture. (23) `Record' means all information relating to the lot, identification, source, origin, variety, amount, processing, blending, testing, labeling, and distribution of the seed and includes a file sample thereof.

Page 1155

(24) `Seed' means the true seeds of all field crops, vegetables, flowers, trees, and shrubs, and any naturally occurring vegetative propagule, excluding plant parts of hybrids. (25) `Seizure' means a legal process carried out by court order against a definite amount of seed. (26) `Stop sale' means an administrative order provided by law restraining the sale, use, disposition, and movement of a definite amount of seed. (27) `Treated' means seed that has received a minimal covering according to the manufacturer's recommended rate of a substance or process which is designed to reduce or control certain disease organisms, insects, or other pests attacking such seed or seedlings growing therefrom and the covering substance may contain identifying colorants and dyes. (28) `Tree and shrub seeds' means seeds of woody plants commonly known and sold as tree or shrub seeds in this state. (29) `Variety' means a subdivision of a kind that is distinct, uniform, and stable; `distinct' in the sense that the variety can be differentiated by one or more identifiable morphological, physiological, or other characteristics from all other varieties of public knowledge; `uniform' in the sense that the variations in essential and distinctive characteristics are describable; and `stable' in the sense that the variety will remain unchanged in its essential and distinctive characteristics and its uniformity when reproduced or reconstituted. (30) `Vegetable seeds' means the seeds of those crops which are grown in gardens and on farms and are generally known and sold under the name of vegetable or herb seeds in this state. (31) `Weed seeds' means the seeds of all plants generally recognized as weeds within this state, and determined by methods defined by rule, and includes the prohibited and restricted noxious weed seeds. 2-11-22. (a) Labeling required. Each bag, container, package, or bulk of seeds which is sold, offered for sale, exposed for sale, or transported within this state for planting purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information specified in subsections (b) through (j) of this Code section, which statement shall not be modified or denied in the labeling or on another label attached to the container. The labeler is responsible to assure that the required labeling is applied to each container or, in the case of bulk seed, that required labeling is shown on the invoice. All invoices and records pertaining to the shipment or sale of seed must show each lot number.

Page 1156

(b) Treated seeds. For all treated seeds, as defined in this article, for which a separate label may be used, the following information shall be given: (1) A word or statement that the seed has been treated; (2) The commonly accepted, coined, chemical, or abbreviated chemical (generic) name of the applied substance and the rate of application; (3) If the level of treatment exceeds the established tolerance or is not subject to an exemption to a tolerance, a caution statement, such as `Do not use for food or feed or oil purposes.' The caution for mercurials and similarly toxic substances shall be a poison statement or symbol and the label shall carry the words `poison treated'; and (4) If the seed is treated with an inoculant, the label must state the inoculant manufacturer's lot number and expiration date as listed on the inoculant's original package. (c) Agricultural seed. For agricultural seed the following information shall be given except for grass seed mixtures as provided in (d) of this Code section; and for hybrids that contain less than 95 percent hybrid seed as provided in (j) of this Code section: (1) The commonly accepted name of kind and variety of each agricultural seed component in excess of 5 percent of the whole and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word `mixture' or the word `mixed' shall be shown conspicuously on the label, provided that the Commissioner may, through the promulgation of regulations, allow certain kinds of seed to be labeled `mixed' without showing the percentage of each variety present; (2) The net weight; (3) The lot number or other lot identification; (4) The origin (state or foreign country); (5) The percentage by weight of all weed seeds; (6) The name and rate of occurrence per pound of each kind of restricted noxious weed seed present; (7) The percentage by weight of crop seeds other than those required to be named on the label; (8) The percentage by weight of inert matter; (9) For each named agricultural seed: (A) The percentage of germination, exclusive of hard seed or dormant seed;

Page 1157

(B) The percentage of hard seed or dormant seed, if present; and (C) The calendar month and year the test was completed to determine such percentage; following the information given pursuant to subparagraphs (A) and (B) of this paragraph, the `total germination and hard seed' or `total germination and dormant seed' may be stated as such, if desired; and (10) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state. (d) For seed mixtures for lawn or turf purposes or both lawn and turf purposes the following information shall be given: (1) The word `mixed' or `mixture' shall be stated with the name of the mixture; (2) The headings `pure seed' and `germination' or `germ' shall be used in the proper places; (3) The net weight; (4) The lot number or other lot identification; (5) Commonly accepted name of kind, variety, and origin of each agricultural seed component in excess of 5 percent of the whole and the percentage by weight of pure seed in order of its predominance and in columnar form; (6) Percentage by weight of agricultural seed other than those required to be named on the label (which shall be designated as `crop seed'); (7) The percentage by weight of inert matter; (8) Percentage by weight of all weed seeds; (9) Noxious weeds that are required to be labeled will be listed under the heading `noxious weed seeds'; (10) For each agricultural seed named under paragraph (5) of this subsection; (A) Percentage of germination, exclusive of dormant seed; and (B) Percentage of dormant seed, if present; and (C) The calendar month and year the test was completed to determine such percentages. The test date for each component may be labeled or, if each component does not show a test date, the oldest test date shall be used for the mixture; and (11) Name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within the state.

Page 1158

(e) For agricultural seeds that are coated or pelleted: (1) Percentage by weight of pure seed with coating or pelleting material removed; (2) Percentage by weight of coating or pelleting material; (3) Percentage by weight of inert material exclusive of coating or pelleting material; (4) Percentage of germination is to be determined on 400 pellets with or without seeds; (5) In addition to the provisions of paragraphs (1) through (4) of this subsection, labeling of coated or pelleted seed shall comply with the requirements of Code Section 2-11-22 for the specific seed kind. (f) For vegetable seeds in containers of one pound or less or preplanted containers, mats, tapes, or other planting devices, the following information shall be given: (1) The name of kind and variety of seed; (2) The lot number or other lot identification; (3) The year for which the seed was packed for sale as `Packed for __________' or the percent germination and the calendar month and year the test was completed to determine such percentage; (4) For seed which germinate less than the standard last established by the Commissioner under this article: (A) The percentage of germination, exclusive of hard seed or dormant seed; (B) The percentage of hard seed or dormant seed, if present; (C) The calendar month and year the test was completed to determine such percentage; and (D) For seed that germinate less than the standard last established by the Commissioner, the words `below standard' in not less than eight point type must be printed or written with permanence on the face of the label, in addition to the other information required, provided that no seed marked `below standard' shall be sold if it falls more than 20 percent below the established standard for such seed; (5) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; and (6) For seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or

Page 1159

device, a statement to indicate the minimum number of seeds in the container; (g) Vegetable seeds in containers of more than one pound. (1) For vegetable seeds in containers of more than one pound, the following information shall be given: (A) The name of each kind and variety present in excess of 5 percent and the percentage by weight of each in order of its predominance; (B) The net weight or seed count; (C) The lot number or other lot identification; (D) For each named vegetable seed: (i) The percentage of germination, exclusive of hard seed or dormant seed; (ii) The percentage of hard seed or dormant seed, if present; and (iii) The calendar month and year the test was completed to determine such percentages; following the information given pursuant to such divisions (i) and (ii) of this subparagraph, the `total germination and hard seed' or the `total germination and dormant seed' may be stated as such, if desired; and (E) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; and (2) The labeling requirements for vegetable seeds in containers of more than one pound shall be deemed to have been met if the seed is weighed from a properly labeled container in the presence of the purchaser. (h) For flower seed in packets prepared for use in home gardens or household plantings or flower seed in preplanted containers, mats, tapes, or other planting devices, the following information shall be given: (1) For all kinds of flower seeds: (A) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules promulgated under this article; (B) The calendar month and year the seed was tested or the year for which the seed was packaged; (C) The lot number or other lot identification;

Page 1160

(D) The net weight or seed count; and (E) The name and address of the person who labeled said seed or who sells, offers, or exposes said seed for sale within this state; (2) For flower seed kinds for which standard testing procedures are prescribed and that germinate less than the germination standard last established by rule under this article: (A) Percentage of germination, exclusive of hard seed or dormant seed; (B) Percentage of hard seed or dormant seed, if present; and (C) The words `below standard' in not less than eight-point type; and (3) For flower seeds placed in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seed from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. (i) For flower seed in containers other than packets and other than preplanted containers, mats, tapes, or other planting devices and not prepared for use in home flower gardens or household plantings, the following information shall be given: (1) The name of the kind and variety or a statement of type and performance characteristics as prescribed in the rules promulgated under this article and for wildflowers the genus and species and, if appropriate, the subspecies; (2) The lot number or other lot identification; (3) The net weight or seed count; (4) For wildflower seed only with a pure seed percentage of less than 90 percent: (A) The percentage, by weight, of each component listed in order of their predominance; (B) The percentage by weight of weed seed if present; and (C) The percentage by weight of inert matter; (5) For those seed kinds for which standard testing procedures are prescribed; (A) Percentage of germination, exclusive of hard seed or dormant seed; (B) Percentage of hard seed or dormant seed, if present;

Page 1161

(C) The calendar month and year that the seed was tested or the year for which the seed was packaged; and (D) For flower seed kinds that germinate less than the germination standard last established by rule under this article, the words `below standard' in not less than eight-point type; (6) For those kinds of seed for which standard testing procedures are not available, the year of production or collection; and (7) The name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state. (j) For hybrid agricultural and vegetable seed, the following is required: (1) If any one kind or kind and variety of seed present in excess of 5.0 percent is hybrid seed, it shall be designated hybrid on the label. The percentage that is hybrid shall be at least 95 percent of the percentage of pure seed shown unless the percentage of pure seed which is hybrid seed is shown separately. If two or more kinds or varieties are present in excess of 5.0 percent and are named on the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or kind and variety that has pure seed which is less than 95 percent but more than 90 percent hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to show the percentage of pure seed that is hybrid seed. No kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90 percent hybrid seed; (2) Hybrid wheat, hybrid millet, and other hybrids to be established by rule shall be labeled the same as all other hybrids except that if any one kind or kind and variety that has pure seed which is less than 95 percent but more than 75 percent hybrid seed as a result of incompletely controlled pollination shall be labeled to show the percentage of pure seed that is hybrid seed. No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 75 percent hybrid seed. Any seed containing less than 95 percent hybrids must be labeled as a mixture; and (3) In addition to the provisions of paragraph (1) of this subsection, labeling of hybrid agricultural and vegetable seed shall comply with the requirements of Code Section 2-11-22 for the specific seed kind and, if appropriate, quantity. 2-11-23. (a) No person shall sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, tree, or shrub seed within this state: (1) Unless the test to determine the percentage of germination required in Code Section 2-11-22 shall have been completed within a

Page 1162

nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale, exposure for sale, offering for sale, or transportation. This prohibition does not apply to agricultural or vegetable seed in hermetically sealed containers. Agricultural or vegetable seeds packaged in hermetically sealed containers under the conditions defined in rules and regulations promulgated under the provisions of this article may be sold, exposed for sale, or offered for sale or transportation for a period of 24 months after the last day of the month that the seeds were tested for germination prior to packaging. If seeds in hermetically sealed containers are sold, exposed for sale, or offered for sale or transportation more than 24 months after the last day of the month in which they were tested prior to packaging, they must have been retested within a nine-month period, exclusive of the calendar month in which the retest was completed, immediately prior to sale, exposure for sale, or offering for sale or transportation; (2) Not labeled in accordance with this article or having false, misleading, or illegible labeling; (3) Pertaining to which there has been a false or misleading advertisement; (4) Consisting of or containing prohibited noxious weed seeds; (5) Consisting of or containing restricted noxious weed seeds per pound in excess of the number prescribed by rules and regulations promulgated under this article or in excess of the number declared on the label attached to the container of the seed or associated with the seed; (6) Represented to be `certified seed,' `registered seed,' or `foundation seed,' unless it has been produced and labeled in accordance with the procedures and in compliance with rules and regulations of a legally authorized seed certification agency; or (7) Labeled with a variety name but not certified by an official seed certifying agency when it is a variety for which a United States certificate of plant variety protection under the Plant Variety Protection Act (7 U.S.C. 2321 et seq.) specifies sale only as a class of certified seed, provided that seed from a certified seed lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety. (b) It shall be unlawful for any person within this state: (1) To detach, alter, deface, or destroy any label provided for in this article or the rules and regulations made and promulgated hereunder or to alter or substitute seed in a manner that may defeat the purpose of this article;

Page 1163

(2) To disseminate any false or misleading advertisements concerning seeds in any manner that may defeat the purpose of this article; (3) To hinder or obstruct, in any way, any authorized person in the performance of his or her duties under this article; (4) To fail to comply with a `stop sale' order or to move from the premises or dispose of any lot of seed or the tags attached thereto held under a `stop sale' order, except with express permission of the enforcing officer and for the purpose specified thereby; (5) To use the word `trace' as a substitute for any statement which is required; (6) To use the words `or better,' `more than,' `less than,' or similar words in connection with any information required on purity analyses; (7) To use the word `type' in any labeling in connection with the name of any agricultural seed variety; or (8) To alter or falsify any seed label, seed test, laboratory report, record, or other document pertaining to seed dealings for the purpose of defrauding or misleading the purchaser or to create a misleading impression as to kind or variety, history, quality, or origin of seed. 2-11-24. Each person whose name or approved A.M.S. code number or other approved designation appears on the label as handling seed subject to this article shall keep, for a period of two years, complete records of each lot of agricultural, vegetable, flower, tree, or shrub seed handled and shall keep, for one year, a file sample of each lot of seed after final disposition of such lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the Commissioner or the Commissioner's agent during customary business hours. 2-11-25. The duty of enforcing this article and the carrying out of its provisions and requirements shall be vested in the Commissioner of Agriculture, who may act through his or her authorized agents. He shall have authority: (1) To sample, test, make analysis of, and inspect any seed transported, sold, or offered or exposed for sale within this state for planting purposes, at such time and place and to such extent as may be deemed necessary to determine whether such seed is in compliance with this article; (2) To enter upon any public or private premises during regular business hours in order to have access to seeds and the records

Page 1164

connected therewith subject to this article and rules and regulations promulgated hereunder; (3) To issue and enforce a written or printed `stop sale' order to the person or vendor of any seed which is in violation or is believed to be in violation of any of the provisions of this article or rules and regulations promulgated hereunder; (4) To furnish adequate facilities for testing seed and to employ qualified persons for making such tests; (5) To publish or cause to be published the results of the examination, analysis, and testing of any agricultural or vegetable seed sampled in accordance with this article, together with any other information that the Commissioner may deem advisable; (6) To provide that any person in this state shall have the privilege of submitting seed samples for testing, subject to the charges made for samples submitted as prescribed in rules and regulations promulgated under this article; provided, however, that seed samples shall be tested without charge for farmers who do not have a seed license; and (7) To cooperate with the United States Department of Agriculture in the enforcement of the Federal Seed Act. 2-11-26. (a) For the purpose of carrying out this article, the Commissioner, who may act through his or her authorized agents, is authorized to issue a license to each retail and wholesale seed dealer, such license to be applied for by each seed dealer upon forms furnished for such purpose. A separate license shall be required for each point of sale, from which seed are sold, offered for sale, or exposed for sale. Out-of-state wholesale and retail seed dealers who sell or ship seed into this state shall obtain a license in the same manner. Such licenses shall be renewable in August of every third year following issuance. Seed dealer license fees shall be established by rule promulgated under this article. (b) The Commissioner may enter an order imposing one or more of the following penalties against any person who violates any of the provisions of this chapter or the rules promulgated under this article or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the Commissioner or the Commissioner's agent in the performance of his or her duty in connection with the provisions of this article: (1) Issuance of a warning letter; (2) Imposition of an administrative fine not more than $1,000.00 per occurrence, suspension of a license, or both; or (3) Revocation of the seed dealer's license.

Page 1165

Actions stated in paragraphs (2) and (3) of this subsection shall be preceded by a departmental hearing to consider evidence that the licensee has violated this article or any rule or regulation promulgated under this article. (c) No person who has not complied with this Code section shall sell or offer for sale any seed within this state. 2-11-27. Reserved. 2-11-28. The Commissioner shall have authority to promulgate and enforce such rules and regulations as the Commissioner may deem necessary to carry out or make effective this article. Such rules and regulations may: (1) Provide such additional definitions of terms as the Commissioner believes are needed; (2) Provide a noxious weed list and add to or subtract therefrom from time to time; (3) Prescribe minimum standards of germination and purity and maximum amounts of inert matter and weed seed; (4) Prescribe the maximum number of weed seeds per pound allowed for each type of restricted noxious weed; (5) Specify the methods of sampling, inspecting, analysis, testing, and examination of seed and the tolerance to be followed in the administration of this article, which shall be in general accord with the officially prescribed practice in interstate commerce; (6) Prescribe the form of tags or labels; (7) Fix the number of tests allowed to any one person, firm, corporation, etc.; (8) Fix charges for tests made; (9) Prescribe minimum standards for seed vigor when such standards have been developed and standardized by the Association of Official Seed Analysts (AOSA) and to require the results of any seed vigor test to be placed upon seed labels; and (10) Prescribe such other rules and regulations as may be necessary to secure the efficient enforcement of this article. 2-11-29. Reserved.

Page 1166

2-11-30. Any seed sold, offered for sale, or exposed for sale in violation of this article or rules and regulations promulgated under this article shall be subject to seizure on the complaint of any authorized agent of the Commissioner to the superior court of the county where the seed is located. If the court finds the seed to be in violation of this article and orders its condemnation, the seed shall be destroyed, reprocessed, relabeled, or otherwise disposed of in compliance with the laws of this state and as directed by the court. In no instance shall the court order such disposition of seed without first having given the claimant an opportunity to apply to the court for the release of the seed or for permission to process or relabel it to bring it into compliance with this article. 2-11-31. The Commissioner is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or rules and regulations promulgated under this article, notwithstanding the existence of other remedies at law. Such injunctions shall be issued without bond. 2-11-32. No person or vendor shall be subject to the penalties of this article for having sold or offered or exposed for sale in this state any seed incorrectly labeled or represented as to variety or origin when the variety or origin of such seed could not be identified by examination thereof, unless he or she failed to obtain an invoice, grower's declaration, or other document indicating variety and origin and failed to take such other precautions as were necessary or required to ensure that the identity and variety of the seed were as stated. 2-11-33. Code Sections 2-11-21 and 2-11-22 shall not apply: (1) To seed sold by a farmer or grower to a seed dealer or conditioner or in storage in or consigned to a seed cleaning or conditioning establishment for cleaning or processing, provided that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to this article; (2) To seed grown by a farmer or other person, who sells it as such, when it is sold at his or her own farm and he or she does not advertise or transfer it by any public carrier provided such activity is not in conflict with paragraph (7) of subsection (a) of Code Section 2-11-23 or requirements of the United States Plant Variety Protection Act;

Page 1167

(3) To seed or grain not intended for planting purposes, provided that such seed or grain sold to a farmer or consumer which could be used for planting purposes shall be marked or tagged `for feed' or `not for planting'; and (4) To any carrier, in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if such carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed which is subject to this article. 2-11-34. (a) Any person or vendor violating any of the provisions of this article or rules and regulations promulgated under this article shall be guilty of a misdemeanor. (b) When the Commissioner or any of the Commissioner's authorized agents find that a person has violated any of the provisions of this article or rules and regulations promulgated under this article, the Commissioner may institute proceedings in the superior court of the county in which the violation occurred to have such person convicted therefor or may file with the prosecuting attorney, with the view of prosecution, such evidence as may be deemed necessary. (c) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted against the accused. (d) Nothing in this article shall be construed as requiring the Commissioner or any of the Commissioner's authorized agents to report, for prosecution or for the institution of seizure proceedings, minor violations of this article when the Commissioner believes that the public interest will best be served by a suitable notice of warning in writing. SECTION 2. Said chapter is further amended by striking in its entirety Article 3, relating to certification of seeds and plants, and inserting in lieu thereof the following: ARTICLE 3 2-11-50. The General Assembly declares that for the purpose of fostering improved agricultural methods, promoting advances in agricultural fields, and giving legal status to an existing practice and for the general welfare of the people it is necessary to establish as a policy of this state a method for protecting the public in the guarantee of the high quality of seeds and plants for various agricultural pursuits. It is the intent of the General Assembly to carry out that policy by this article, protecting the public from false claims and unwarranted statements as to genetic

Page 1168

identity, varietal purity, and germinating viability of seeds and plants presented and claimed to be foundation, registered, or certified. 2-11-51. For the purposes of this article, the term: (1) `Certified seed' means the progeny of foundation, registered, or in special cases certified seed which meets the standards of the official seed certifying agency. (2) `Foundation seed' means the progeny of breeder's seed or in special cases the progeny of foundation seed which meets the standards of the official seed certifying agency. (3) `Plant' means seedlings, nursery stock, roots, tubers, bulbs, cuttings, and other parts used in the propagation of field crops, vegetables, fruits, flowers, trees, or other plants. (4) `Registered seed' means the progeny of foundation seed and meets the standards of the official seed certifying agency. (5) `Seed' means the true seeds of all field crops, vegetables, flowers, trees, or other plants. (6) `Variety' carries its original meaning and includes `strains' of varieties which are sufficiently different from the parent variety to justify special designation. 2-11-52. In order to execute the policy stated in Code Section 2-11-50, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. The dean shall designate the Georgia Crop Improvement Association, Inc., as certifying agency, provided that the Georgia Crop Improvement Association, Inc., must be in good standing with the Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. 2-11-53. It shall be a misdemeanor for any person, firm, association, or corporation selling seeds or plants in this state to use any evidence of certification, including specially designed tags or any tags similar thereto or the word `certified,' on any package of seeds or plants, unless such seeds or plants have been duly inspected and certified as provided for in this article or have been inspected and certified by a legally constituted

Page 1169

agency of another state or foreign country. The duty of enforcing this Code section shall be vested in the Commissioner. SECTION 3. Said chapter is further amended by striking in its entirety Article 4, relating to the Seed Arbitration Council, and inserting in lieu thereof the following: ARTICLE 4 2-11-70. (a) The intent and purpose of this article are to provide a method for assisting farmers, persons purchasing seed and commercial fruit and nut trees, and persons selling seed and commercial fruit and nut trees in determining the validity of complaints of seed and commercial fruit and nut trees purchasers against seed and commercial fruit and nut tree sellers relating to the quality and performance of the seed and the identity of the variety of fruit and nut trees by establishing a committee to investigate, hold informal hearings, make findings, and render recommendations in the nature of arbitration proceedings where damages suffered by seed and commercial fruit and nut trees purchasers are caused by the alleged failure of the seed to perform as represented or to conform to the description on the labeling thereof as required by law or to be the variety of fruit or nut tree represented by the seller. (b) In order to effectuate the intent and purpose set out in subsection (a) of this Code section, there is created the `Seed Arbitration Council.' 2-11-71. As used in this article, the term: (1) `Commissioner' means the Commissioner of Agriculture or the designated official or department employed by the Department of Agriculture of this state. (2) `Council' means the Seed Arbitration Council. (3) `Person' means an individual, firm, partnership, corporation, or company. (4) `Purchaser' means the person who buys agricultural, flower, tree, shrub, or vegetable seed subject to Article 2 of this chapter or any commercial fruit or nut tree. (5) `Seller' means any person who sells seed, including but not limited to the person who sold the seed to the purchaser and the person who actually labeled the seed that is the subject of the council's investigation and any person who sells commercial fruit or nut trees.

Page 1170

2-11-72. (a) At the time of purchase of agricultural, vegetable, flower, tree, or shrub seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings or at the time of purchase of any commercial fruit or nut tree, language setting forth the requirement for filing a complaint shall be legibly typed or printed on the seed container, on the label affixed thereto, or printed on the invoice covering bulk seed or on a label attached to or on the invoice covering the commercial fruit or nut tree. (b) Such language shall be in addition to the labeling requirements specified in Code Section 2-11-22 and shall contain a notice in a form acceptable in interstate trade as prescribed by rule and regulation promulgated by the Commissioner. (c) If language setting forth the requirement is not so placed on the seed container, label, or invoice covering bulk seed or on a label or invoice covering the commercial fruit or nut tree, the filing of a complaint by the buyer shall not be required as a prerequisite to maintaining a legal action against the seller as provided in Code Section 2-11-73. 2-11-73. (a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail. (b) A filing fee of $75.00 shall be paid to the Commissioner with each complaint filed. Such fee shall be recovered from the seller upon recommendation of the Seed Arbitration Council. The filing fee shall be

Page 1171

forfeited if the complaint is independently settled between the purchaser and seller prior to the informal hearing scheduled by the council. Such independent settlement serves to close the file on the complaint. (c) Within ten days after the receipt of a copy of the complaint, the seller shall file with the Commissioner a response to said complaint. Upon receipt, the Commissioner shall send a copy of the response to the purchaser by registered or certified mail. (d) Upon gathering the complaint and the response, the Commissioner shall refer the complaint and the response to the Seed Arbitration Council as provided in Code Section 2-11-75 for investigation, informal hearing, findings, and recommendations on the complaint. (e) Upon receipt of findings and recommendations of the Seed Arbitration Council, the Commissioner shall transmit said items to the purchaser and seller by registered or certified mail. (f) The purchaser and seller shall give written notice to the Commissioner of the acceptance or rejection of the council's recommendations within 30 days of the date the decision is mailed to the purchaser and seller. 2-11-74. (a) The Seed Arbitration Council shall be composed of five members. One member and one alternate shall be appointed upon the recommendation of each of the following individuals or executive committee: (1) The associate dean for the Cooperative Extension Service of the University of Georgia; (2) The associate dean for the experiment stations of the College of Agricultural and Environmental Sciences of the University of Georgia; (3) The president of the Georgia Farm Bureau Federation; (4) The executive committee of the Georgia Seedsmen's Association; and (5) The Commissioner of Agriculture. (b) Each member and each alternate shall continue to serve until a replacement has been recommended by his or her appointing official. Alternate members shall serve only in the absence of the member for whom such person is an alternate. (c) The council shall annually elect a chairperson and a secretary from its membership. The chairperson shall conduct the meetings and deliberations of the council and direct all activities. The secretary shall keep accurate records of all the meetings and deliberations and perform such other duties as the chairperson may direct.

Page 1172

(d) The council may be called into session upon the direction of the chairperson or by the Commissioner to consider matters referred to it by the Commissioner. (e) Members of the council shall receive no compensation for the performance of their duties but shall be reimbursed for travel expenses by each representing organization. 2-11-75. (a) Upon receipt of a seed buyer complaint or a commercial fruit or nut tree buyer complaint and a seller response, the council shall schedule a hearing date within ten days and shall make a full and complete investigation of the matters stated in the complaint. (b) Hearings scheduled by the council shall be conducted in Tifton, Macon, Athens, or Rome, Georgia, whichever is most convenient to the farmer or other seed or commercial fruit or nut tree purchaser filing the complaint, such determination to be made by the chairperson. (c) The Commissioner shall provide administrative support for the council and shall adopt rules and regulations to govern investigations and hearings. (d) In conducting its investigation, the council, in addition to other activities deemed necessary, is authorized to: (1) Examine the purchaser on the use of the seed or commercial fruit or nut tree or trees about which the complaint is filed, the purchaser's operation and the seller on the packaging and labeling, and the seller's operations on the seed or commercial fruit or nut tree or trees alleged to be faulty or of a different variety; (2) Grow to production a representative sample of the alleged faulty seed through the facilities of the state and under the supervision of the Commissioner, as deemed necessary; (3) Hold informal hearings at a reasonable time as directed by the chairperson. At such hearing, the purchaser and seller shall be allowed to present their side of the dispute before the council. Attorneys may be present, provided that no attorney may participate directly in the proceeding; and (4) Seek evaluations from authorities in allied disciplines when deemed necessary. (e) Any investigation made by fewer than all of the councilmembers shall be by authority of a written directive by the chairperson, and such investigation shall be summarized in writing and considered by the council in reporting its findings and recommendations. (f) The Attorney General shall provide legal services for the council.

Page 1173

2-11-76. (a) After completion of the informal hearing by the council, a report of findings and recommendations shall be transmitted to parties present at the arbitration process pursuant to subsection (e) of Code Section 2-11-73. In such report, the council may make any recommendations it deems fair and equitable under the circumstances presented. These recommendations are up to the discretion of the council and may include, but are not limited to, the following: (1) That no action be taken; (2) That money damages be paid to the purchaser as a result of the alleged failure of the seed to conform to or perform as represented by the seed label, container, or invoice; (2.1) That money damages be paid to the purchaser of a commercial fruit or nut tree or trees as a result of the alleged failure of the tree or trees to be the variety represented to the purchaser. Such damages shall not be less than three times the purchase price in the case of fruit trees or six times the purchase price in the case of nut trees; (3) That the seller reimburse the purchaser for the amount of the filing fee paid to enter the arbitration process; or (4) Such other recommendation found by the council to be fair and equitable to the parties. (b) In any litigation involving a complaint which has been the subject of arbitration under this Code section, any party may introduce the report of arbitration as evidence of the facts found in the report as the court may see fit. Findings and conclusions of the council are not admissible as evidence. However, the court may take into account any determinations of the council with respect to the failure of any party to cooperate in the arbitration proceedings. 2-11-77. Pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the Commissioner shall have authority to promulgate and enforce such rules and regulations as may be deemed necessary to carry out the provisions of this article. SECTION 4. This Act shall become effective on July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1174

GUARDIAN AND WARD GUARDIANS' COMPENSATION AND EXPENSES; GUARDIANSHIP OF BENEFICIARIES OF UNITED STATES DEPARTMENT OF VETERANS AFFAIRS. Code Title 29 Amended. No. 971 (Senate Bill No. 596). AN ACT To amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to change provisions relating to guardians' compensation and expenses; to provide for a comprehensive change in the guardianship of beneficiaries of the United States Department of Veterans Affairs; to provide for definitions; to provide for the appointment of guardians; to provide for procedures relating to guardianship; to provide for the bond of the guardian; to provide for the investment of funds; to provide for an accounting of funds; to provide for the payment of guardians; to provide for the removal of guardians; to provide that general guardianship laws are applicable; to provide liberal construction of Chapter 6; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by striking in its entirety Code Section 29-2-42, relating to guardians' commissions, extra compensation, and traveling expenses, and inserting in its place a new Code Section 29-2-42 to read as follows: 29-2-42. (a) Guardians shall be allowed the same commissions for receiving and paying out the estates of their wards as are allowed to administrators. Guardians may be allowed an additional annual commission of one-half of 1 percent of the market value, determined as of December 31 of each year, of the property held in their estates. (b) Extra compensation, compensation for delivery of property in kind, and traveling expenses shall be allowed to guardians upon the same principles as to administrators. (c) The provisions of this Code section shall not apply to any guardianship created by appointment made pursuant to the provisions of Chapter 6 of this title. SECTION 2. Said title is further amended by striking Chapter 6 thereof, relating to the guardianship of beneficiaries of the United States Department of Veterans Affairs, and inserting in lieu thereof a new Chapter 6 to read as follows:

Page 1175

CHAPTER 6 29-6-1. As used in this chapter, the term: (1) `Benefits' means all moneys payable by the United States through the United States Department of Veterans Affairs. (2) `Estate' and `income' shall include only moneys received by the guardian from the United States Department of Veterans Affairs and all earnings, interest, and profits derived therefrom. (3) `Guardian' means any person appointed by any probate court within the State of Georgia under the provisions of this chapter. (4) `Incompetent' means a person rated incompetent by the United States Department of Veterans Affairs as provided under the provisions of Code Section 29-6-3. (5) `Person' includes a partnership, a corporation, or an association. (6) `Secretary of veterans affairs' means the secretary of veterans affairs of the United States Department of Veterans Affairs or his or her successor. (7) `United States Department of Veterans Affairs' means the United States Department of Veterans Affairs, its predecessors, or its successors. (8) `Ward' means a beneficiary of the United States Department of Veterans Affairs. 29-6-2. Whenever, pursuant to any law of the United States or regulation of the United States Department of Veterans Affairs, the secretary of veterans affairs requires, prior to payment of benefits, that a guardian be appointed for a ward, the appointment shall be made in the manner provided in this chapter. 29-6-3. Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the secretary of veterans affairs or his or her authorized representative, setting forth the fact that the person was rated incompetent by the United States Department of Veterans Affairs on examination in accordance with the laws and regulations governing the United States Department of Veterans Affairs and that the appointment of a guardian is a condition precedent to the payment of any moneys due the person by the United States Department of Veterans Affairs, shall be prima-facie evidence of the necessity for the appointment. The judges of the probate courts of the several counties

Page 1176

are authorized to appoint guardians pursuant to this chapter for any incompetent wards entitled to any benefits which may be payable to the incompetents by the United States Department of Veterans Affairs or its successor. 29-6-4. Where a petition is filed for the appointment of a guardian for a minor ward, a certificate of the secretary of veterans affairs or his or her representative, setting forth the age of the minor as shown by the records of the United States Department of Veterans Affairs, and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the United States Department of Veterans Affairs, shall be prima-facie evidence of the necessity for the appointment. 29-6-5. Upon an application for the appointment of a guardian under this chapter, notice shall be given to the United States Department of Veterans Affairs Guardianship Unit and to two adult relatives of the proposed ward by certified mail by the clerk of the probate court unless service is acknowledged. If two adult relatives of the proposed ward cannot be located, notice to one adult relative shall be sufficient. If no adult relative can be located, the court shall give notice of the application in the newspaper in which legal advertisements of the county are published once a week for two weeks. At the next regular term after notice has been given, or after notice has been published, the letters of guardianship may, in the discretion of the court, be granted to the applicant or to some other suitable person. If all parties entitled to notice waive further notice and consent to appointment instanter, the court may, in its discretion, grant letters instanter to the applicant. 29-6-6. (a) A petition for the appointment of a guardian may be filed in the probate court having jurisdiction by or on behalf of the United States Department of Veterans Affairs or any person designated by the United States Department of Veterans Affairs or its representative. (b) The petition for appointment shall set forth: (1) The name, age, and place of residence of the ward; (2) The names and places of residence of the nearest two adult relatives, if known; (3) The fact that the ward is entitled to receive moneys payable by or through the United States Department of Veterans Affairs; (4) The amount of money then due and the amount of probable future payments;

Page 1177

(5) The name and address of the person or institution, if any, having actual custody of the ward; (6) In the case of a mentally incompetent ward, that the ward has been rated incompetent on examination by the United States Department of Veterans Affairs in accordance with the laws and regulations governing the United States Department of Veteran Affairs; and (7) The name and address of the person or institution sought to be appointed as guardian of the ward and the relationship, if any, of the proposed guardian to the ward. (c) Preferences for appointment of a guardian shall be as provided in Code Section 29-5-2. 29-6-7. Before making an appointment under this chapter, the judge of the probate court hearing the petition shall be satisfied that the guardian whose appointment is sought is a fit and proper person to be appointed. The nomination of a person by the Department of Veterans Affairs shall be prima-facie evidence of that person's fitness. A qualified natural person shall ordinarily be preferred for appointment as guardian under this chapter, but the judge of the probate court may in his or her discretion appoint a qualified nonnatural person as guardian. 29-6-8. (a) The following persons and entities may serve as guardians subject to the restrictions listed: (1) A person deemed fit and proper by the probate court may be guardian for his or her children, parents, and grandparents, without limitation; (2) A bank or trust company doing business in this state may serve as guardian under this chapter for an unlimited number of beneficiaries; (3) A person appointed while serving as county guardian in any county in this state may serve as guardian under this chapter for an unlimited number of beneficiaries; or (4) Any other person currently serving as guardian under the provisions of this chapter for ten or more wards must so state in his or her petition to be appointed as guardian for additional wards. In such a case, the Department of Veterans Affairs will have the right to direct the judge of the probate court in writing to deny the petition. (b) Upon presentation of a petition by the Department of Veterans Affairs alleging that a guardian is acting in a fiduciary capacity in violation of this Code section and requesting his or her discharge, the probate court, upon proof substantiating the petition, shall require a

Page 1178

final accounting forthwith from a sufficient number of guardianships, in reverse chronological order, to bring the guardian within compliance with this Code section, shall require final accountings forthwith on such guardianships, and shall discharge the guardian in such cases. 29-6-9. (a) A bank or trust company doing business in this state shall not be required to file a bond for any guardianship in connection with this chapter unless required by the United States Department of Veterans Affairs. (b) Any other person serving as a guardian under this chapter shall execute and file a bond, to be approved by the probate court, in an amount not less than the sum of the value of the estate at the time of the last accounting and funds estimated to become payable during the ensuing year, which bond shall be a security bond made by a solvent and acceptable surety company in the form required for bonds of guardians appointed under the general guardianship laws and shall be conditioned as are such bonds. After each annual accounting, the court shall review the amount of the bond and shall order such increase or decrease as shall be warranted by the accounting. No reduction shall affect the liability of the surety for past waste or misconduct of the guardian. (c) A surety on a bond posted pursuant to this Code section shall not be relieved from liability merely because of the expiration of the term of the bond but shall be subject to provisions of law for discharge of a surety applicable to other bonds. 29-6-10. Every guardian shall invest the funds of his or her ward's estate in the manner provided by law for general guardians, in which investments the guardian shall have no interest. 29-6-11. (a) A guardian shall not apply any portion of the estate of his or her ward for the support, maintenance, and education of any person other than his or her ward, his or her ward's spouse, and the children of the ward who are legally dependent upon the ward, except upon order of the court after a hearing, notice of which has been given by certified mail to the United States Department of Veterans Affairs Guardianship Unit not less than 30 days prior to a hearing on the petition, unless the Department of Veterans Affairs consents in writing to the petition, in which case no hearing need be had. (b) No guardian shall name himself or herself as beneficiary of any insurance policy which insures the life of his or her ward. As to any insurance policy which is purchased after the establishment of the guardianship where premiums are or have been paid from benefits, the

Page 1179

guardian shall ensure that the beneficiary named is the estate of his or her ward. (c) Unless a guardian under this chapter is the next of kin under the laws of descent and distribution of the State of Georgia, no such guardian shall be named as a beneficiary under the last will and testament of his or her ward under any will executed while the guardian is serving as such. Any provision in any such will to the contrary shall be null and void. (d) All property of a ward having a guardian under this chapter which is purchased with benefits shall be titled in the name of the current guardian or any successor guardian for (name of ward) a beneficiary of the Department of Veterans Affairs, further indicating the fact of guardianship and the name of the beneficiary, on any documents of title. Any such assets which should prudently be insured shall be insured with a policy of insurance denominated in the same manner. 29-6-12. Every guardian appointed pursuant to this chapter shall file with the probate court annually, in the same manner as provided under the general law for guardians, a full, true, and accurate accounting, on oath, of all moneys so received by him or her and all disbursements thereof, showing the balance in his or her hands at the date of the accounting and how it is invested. The guardian shall list in each accounting all the investments of his or her ward's funds, showing therein the amount of each investment, the date made, the interest rate, the date of maturity, the dates and amounts of any liquidations, and the dates and amounts of interest payments. A certified copy of each of such accountings filed with the court shall be sent by the court within ten days after the accounting is filed to the office of the United States Department of Veterans Affairs Guardianship Unit having jurisdiction over the area in which the court is located. Each such accounting shall include a computation of commissions allowed and taken during the period covered by the accounting. No accounting shall be allowed or admitted to record for a period of 60 days following the date of the filing thereof. 29-6-13. If any guardian fails to file the accounting required by Code Section 29-6-12, such failure shall be grounds for removal. If any guardian fails to file any accounting within 30 days after demand is made by the judge of any probate court to do so, the court shall notify the surety for such guardian of such failure by certified mail. Whereafter, on the motion of any interested party, including the surety, or on its own motion, the court may enter an order moving the guardian without further notice or hearing. Every guardian who fails or refuses to file his or her return by the due date shall receive no commission or compensation for any

Page 1180

service during that year unless by special order of the probate court he or she is exonerated from all fault. 29-6-14. (a) The United States Department of Veterans Affairs Guardianship Unit for Georgia shall be a party in interest in any proceedings for the appointment or discharge of a guardian of a veteran or a beneficiary appointed pursuant to this chapter and in the administration of the estate of any such ward. Written notice of the time and place for hearing on any petition or pleading or in connection with any proceeding pertaining to a guardianship pursuant to this chapter shall be given by certified mail to the United States Department of Veterans Affairs Guardianship Unit for Georgia. The notice shall include a copy of the petition or other pleadings and shall be given so as to arrive in due course of mailing not less than ten days before the date of a hearing or other proceedings, unless otherwise provided in this chapter. (b) In any proceeding involving a guardianship established pursuant to any other chapter of this title, the United States Department of Veterans Affairs Guardianship Unit for Georgia may, by giving written notice to the probate court having jurisdiction over such proceedings and to the guardian or proposed guardian, become a party in interest as to any such guardianship or proposed guardianship and shall thereafter be entitled to notice as if such guardianship was originally established under this chapter. 29-6-15. (a) As compensation for his or her service, a guardian shall have a commission of 5 percent on all income of the ward coming into his or her hands during any months while the guardian serves as such. If the ward receives at least $350.00 per month, the minimum fee shall be $35.00 per month. (b) In the event that the ward's monthly service connected disability compensation payment from the United States Department of Veterans Affairs is discontinued or suspended, then in that event, the guardian, subject to court approval which shall be given unless it appears to the court that the estate is unfairly prejudiced or the payment would be a manifest injustice, shall be entitled to 5 percent additional commission on all sums paid out by him or her from the time the disability compensation payment is discontinued or suspended until the time the disability compensation payment is resumed. (c) In the event that extraordinary services are rendered by the guardian, the court, upon petition and after hearing thereon, may authorize additional compensation therefor, payable from the estate of the ward. Notice of the petition and hearing shall be given by certified mail to the United States Department of Veterans Affairs Guardianship

Page 1181

Unit not less than 30 days prior to the hearing on the petition. No compensation shall be allowed on the corpus of an estate received from a preceding guardian. (d) A guardian shall be allowed from the estate of his or her ward reasonable premiums paid by him or her to any corporate surety on his or her bond. 29-6-16. (a) A guardian appointed under this chapter, upon filing a petition and making a satisfactory accounting, shall be discharged when his or her ward, if a minor at the time of his or her appointment, reaches the age of majority, and whether or not a minor at the time of his or her appointment, if previously declared incompetent, is declared competent by the United States Department of Veterans Affairs or the probate court. (b) A county guardian who ceases to serve as such continues to serve as a guardian under this chapter at the pleasure of the probate court for which he or she formerly served as county guardian. The probate court may at any time require his or her final accounting and discharge as to any or all guardianships under this chapter which he or she accepted as county guardian, whereupon the probate court shall appoint as successor guardian the new county guardian or such other person as shall be requested by the Department of Veterans Affairs. A former county guardian may file a petition with the probate court, a copy of which shall be served by certified mail upon the United States Department of Veterans Affairs Guardianship Unit, together with his or her final accounting as to any or all guardianships under this chapter, whereupon the probate judge shall appoint as his or her successor the new county guardian or such other person as shall be designated by the Department of Veterans Affairs. 29-6-17. Except where inconsistent with this chapter, the general guardianship laws of this state and the laws establishing the practice in such matters, including rights of appeal, shall be applicable to wards and their estates governed by this chapter. 29-6-18. This chapter shall be construed liberally to secure the beneficial intents and purposes thereof and shall apply only to beneficiaries of the United States Department of Veterans Affairs who are entitled to benefits from the United States Department of Veterans Affairs. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1182

EDUCATION SCHOOL SUPERINTENDENT; APPOINTMENT; EMPLOYMENT CONTRACTS; SUCCESSION. Code Section 20-2-101 Amended. No. 972 (Senate Bill No. 613). AN ACT To amend Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of school superintendents, so as to clarify the provisions relating to the duration of school superintendent employment contracts so as to prohibit certain extensions; to provide for appointments of school superintendents prior to the expiration of their contracts or terms and provide for vacancies; to provide when certain notices and announcements regarding the employment of such superintendents are not required; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-101 of the Official Code of Georgia Annotated, relating to appointment of school superintendents, is amended by striking subsections (a) and (e) thereof and inserting in their respective places the following: (a) Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as so extended, for a period which exceeds three years. Those provisions of any local Act which authorize employment contracts with a school superintendent which are of a duration which exceeds that authorized by this subsection, which local Act became effective before, at the time of, or after April 15, 1993, are repealed. Any contract entered into pursuant to the provisions of a local Act repealed by the terms of the preceding sentence of this subsection shall not be affected by such repeal for the duration of that contract as specified immediately before April 15, 1993, as long as that contract was valid at such time. (e) At any time during the 12 months immediately preceding the expiration of an appointed or elected school superintendent's contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding

Page 1183

that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins. Where a local board of education decides to appoint and employ the incumbent elected superintendent of the school district as the superintendent for a term beginning during 1996 or thereafter, or to renew the contract of any appointed superintendent, the board shall not be required to comply with the notice and announcement provisions of subsection (d) of Code Section 20-2-211 or any local policy adopted pursuant thereto. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. SECTION 3. This Act shall become effective upon the signature of the Governor or upon becoming law without his signature. Approved April 15, 1996. AGRICULTURE LIMING MATERIALS; GEORGIA LIMING MATERIALS ACT OF 1976 REPEALED; GEORGIA LIMING MATERIALS ACT OF 1996 ENACTED. Code Title 2, Chapter 12 Amended. No. 973 (Senate Bill No. 657). AN ACT To amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to provide for a short title; to provide for definitions; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to provide for licenses and the procedures, time limits, fees, and other matters relating to the issuance, expiration, renewal, and revocation thereof; to provide for the registration of agricultural liming materials and products and the procedure, time limits, fees, and other matters relating to such registration and cancellation thereof; to provide for notices and hearings; to provide for exemptions; to provide for tonnage reports; to provide for labeling requirements for agricultural liming materials; to prohibit certain acts or practices and provide for penalties; to provide for samples and inspections; to prohibit the sale or offering for sale of certain agricultural liming materials; to provide for rules and regulations; to provide for prosecution of violations; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes.

Page 1184

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, is amended by striking Article 2, known as the Georgia Liming Materials Act of 1976, which reads as follows: 2-12-40. This article shall be known as the `Georgia Liming Materials Act of 1976.' 2-12-41. (a) As used in this article, the term: (1) (A) `Agricultural liming materials' means and includes: (i) Solid liming materials, which are those materials whose calcium and magnesium content is capable of neutralizing soil acidity. All solid liming material must have a minimum neutralizing value of 85 percent calcium carbonate equivalent and must not contain any material at or above a level determined by the Commissioner to be dangerous to plant growth; and (ii) Liquid or suspension liming materials, which are those materials whose calcium and magnesium content is capable of neutralizing soil acidity and which must have a minimum neutralizing value of 45 percent calcium carbonate equivalent and must be free of any material at a level determined by the Commissioner to be dangerous to plant growth. Such liquid or suspension liming material shall have a minimum of 3 percent elemental magnesium to be classified as dolomitic and shall be of such particle size that 100 percent shall pass through a 20 mesh sieve and not less than 60 percent shall pass through a 200 mesh sieve. (B) `Burnt lime' means a material made from limestone which consists essentially of calcium oxide or a combination of calcium and magnesium oxides. These materials shall meet the same screen specifications as are set forth for finely ground limestone. (C) `Calcitic liming materials' are those materials composed wholly or largely of calcium carbonate containing less than 6 percent elemental magnesium. (D) `Dolomitic liming materials' are those materials composed of calcium and magnesium carbonates with a minimum content of 6 percent elemental magnesium derived from magnesium carbonate. (E) `Finely ground limestone' is calcitic or dolomitic limestone ground so that 98 percent of the material will pass through a 20

Page 1185

mesh sieve and not less than 70 percent will pass through a 100 mesh sieve. (F) `Ground limestone' is calcitic or dolomitic limestone ground so that 90 percent of the materials will pass through a 10 mesh sieve and not less than 50 percent will pass through a 50 mesh sieve and not less than 25 percent will pass through a 100 mesh sieve. (G) `Ground shells' is the product obtained by grinding the shells of mollusks so that not less than 50 percent of the materials shall pass through a 100 mesh sieve; the product shall carry the name of the mollusk of origin. (H) `Hydrated lime' means a material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide, or both. (I) `Marl' means a granular or loosely consolidated earthy material composed largely of seashell fragments and calcium carbonate. These materials shall meet the same screen specifications as are set forth for finely ground limestone. (2) `Brand' is the name under which agricultural liming material is sold. (3) `Bulk' means in nonpackaged form. (4) `Calcium carbonate equivalent' means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. (5) `Investigational allowance' means those allowances necessary to compensate for variations inherent in the method of sampling, preparation, and analysis of an official sample of agricultural liming material. (6) `Label' means any written or printed matter on or attached to a package or on the delivery ticket which accompanies bulk shipment. (7) `Lot' means that amount of agricultural liming material on hand and actually covered by the official sample at the time and place of sampling. In determining deficiencies and penalties under this article, the term `lot' shall mean that amount of agricultural liming material included in a single delivery weight ticket. (8) `Neutralizing value' means the calcium carbonate equivalent. (9) `Percent' or `percentage' means parts per 100 by weight. (10) `Person' means an individual, partnership, association, firm, or corporation.

Page 1186

(11) `Registrant' means the person who registers limestone under this article. (12) `Sieve' number designates sieves conforming to specifications of the United States Standard Sieve Series. Sieve tests listed in this Code section are minimum and no tolerance will be allowed. Official analysis shall be determined by the wet method. (13) `Ton' means a net weight of 2,000 pounds avoirdupois. (14) `Weight' means the weight of materials as offered for sale. (b) The definitions set forth in subsection (a) of this Code section are applicable only when the products in question are sold for or represented to be for agricultural purposes. Any product not listed, the use of which is claimed to decrease soil acidity, must meet the requirements set forth in paragraph (1) of subsection (a) of this Code section. 2-12-42. (a) All registrants who sell, offer for sale, hold, or distribute agricultural liming materials shall register by July 1 of each calendar year with the Commissioner of Agriculture upon applicable forms furnished by the Commissioner. (b) Registration shall be made by the registrants for each and every brand or type of agricultural liming material offered for sale, but only one registration shall be required for each brand and type of agricultural liming material. No product intended for agricultural liming purposes shall be offered for sale or distributed prior to registration with the Department of Agriculture. (c) Registration shall be considered permanent, unless a change in or deviation from the information filed with the Commissioner changes such registration. (d) Products labeled for use in the construction or building trades shall be exempt from registration. 2-12-43. (a) Any person, firm, or corporation wishing to become a registrant of liming materials, as defined in this article, shall secure a license from the Commissioner before engaging in such business. Such person, firm, or corporation shall make application for such license on forms to be furnished by the Commissioner, containing such information regarding the applicant's proposed operations as the Commissioner may prescribe. Such licenses shall be renewable annually on the first day of July. Such licenses may be revoked or suspended for cause after due notice and opportunity for hearing to consider any violations of this article. (b) All registrants who have registered their products with the Commissioner, as provided in this article, shall pay annually, upon registration,

Page 1187

one of the following fees, based upon the tonnage sold during the previous 12 months' period: (1) A $100.00 annual fee for producers having sales of 10,000 tons or more of liming materials in this state; or (2) A $50.00 annual fee for producers having sales of less than 10,000 tons of liming materials in this state. 2-12-44. All registrants shall submit semiannually to the Commissioner, on forms supplied by the Commissioner, a report showing the net tons of all liming material sold within this state, the county to which delivery was made, and the brands, types, or both. The reporting periods shall be the six months preceding June 30 and December 31 of each year. Reports shall be filed within 30 days after the close of each reporting period. 2-12-45. (a) Agricultural liming materials sold or offered for sale in this state for use herein or imported into this state for sale herein shall have affixed to each container, in a conspicuous manner on the outside thereof, a clearly legible printed or stamped label, tag, or statement or, in the case of bulk sales, shall have accompanying them a delivery slip setting forth the following information in the following order: (1) The name and address of the principal office of the registrant; (2) The brand name of the material; (3) The identification of the product as to the type of agricultural liming material; (4) The minimum guaranteed neutralizing value expressed as a percentage; (5) The minimum guaranteed content of elemental calcium (Ca); (6) In the case of dolomitic limestone, the minimum guaranteed content of elemental magnesium (Mg); (7) The minimum percent guaranteed by weight passing through United States standard sieves as prescribed in subparagraphs (a)(1)(e) and (a)(1)(F) of Code Section 2-12-41; (8) The percent moisture; and (9) The net weight. (b) No information shall appear on any package label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type, or composition of any agricultural liming material. No statement or claim, oral or written, which is false or misleading as to the comparative

Page 1188

value or effectiveness of liming materials shall be made in any promotion or advertising medium. 2-12-46. If any person, before reselling any agricultural liming material, alters or otherwise changes the original guarantee of a lime product, the reseller is liable for any penalty that may be incurred. 2-12-47. The Commissioner is authorized to determine the neutralizing value of calcium and magnesium, the fineness of grind, and the moisture content of liming materials. The methods of analysis shall be those adopted by the Association of Official Analytical Chemists or such other methods as may be adopted by the Commissioner. 2-12-48. Materials covered by this article shall be sampled in accordance with the official methods adopted by the Commissioner. 2-12-49. (a) When any agricultural liming material in the possession of the consumer is found to be short weight, the seller shall pay to the consumer a penalty equal to four times the value of the actual shortage. (b) If, at the time of delivery of an agricultural liming material, the purchaser has doubt as to the invoiced weight, he may demand weighing by a certified public weigher. If the material is found to be below the invoiced weight, the seller shall be liable for all costs incidental to the weighing. If the weight of the material is found to be as invoiced or above, the seller may adjust the invoice to the true weight and the purchaser shall be liable for all costs incidental to the weighing. Such costs shall be calculated on the basis of $1.00 per ton plus the weigher's fee. 2-12-50. No agricultural liming material which fails to comply with this article shall be sold or offered for sale in this state. 2-12-51. For the enforcement of this article, the Commissioner is authorized, after due notice and public hearing, to adopt and enforce rules and regulations relating to the distribution of agricultural liming materials and necessary to carry into effect the full intent and meaning of this article. Such rules and regulations shall not become effective until 30 days after a copy thereof has been mailed by certified mail to each member of the House Agriculture and Consumer Affairs Committee and Senate Agriculture Committee.

Page 1189

2-12-52. The Commissioner is authorized to issue a `stop sale' order against any lot of liming materials covered under this article when such material is found to be in violation of the article. The stop sale order may be removed only by written order from the Commissioner. 2-12-53. (a) When, upon analysis, an official sample of agricultural liming material fails to meet the requirements of this article, a penalty shall be assessed in accordance with the provisions of paragraphs (1) through (5) of this subsection: (1) If an official sample is found deficient in neutralizing value below the guarantee, the penalty shall be 20 per percentage point or fraction thereof on solid liming material and 40 per percentage point or fraction thereof on a liquid or suspension liming material. (2) If an official sample is found to be deficient in magnesium guarantee, the penalty shall be 50 per percentage point or fraction thereof on a solid liming material and $1.00 per percentage point or fraction thereof on a liquid or suspension liming material. (3) When an official sample does not meet screen specifications as set forth in this article, the penalty shall be 20 per percentage point or fraction thereof. (4) If the moisture content of an official sample exceeds 15 percent, a penalty of $1.00 per ton shall be assessed for each increase of 5 percent by weight or fraction thereof. (5) When an official sample is subject to a penalty, there shall be a minimum penalty of $5.00 and a maximum penalty not to exceed the actual retail value. (b) Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty will be sent to the Commissioner to be deposited in the state treasury. (c) Where the registrant or dealer has possession of liming material which fails to meet the minimum requirements set forth in this article, the registrant or dealer may sell the defective liming material if he gives a discount to the buyer in an amount equivalent to whatever penalty he would accrue according to this article. The actual analysis and the exact amount of this discount must be shown on the face of the invoice or delivery ticket. 2-12-54. (a) If it appears to the Commissioner or his agents that this article or the rules and regulations issued under this article have been violated, the

Page 1190

Commissioner shall cause notice of the violation to be given to the registrant, jobber, or vendor concerned; and the persons notified shall be given an opportunity to be heard in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If it appears after such hearing that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution as a misdemeanor. (b) Any person convicted of violating any provision of this article or the rules and regulations issued under this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report a violation of this article for prosecution or for the institution of seizure proceedings when he believes that the public interest will best be served by other methods., and inserting in lieu thereof a new Article 2 to read as follows: ARTICLE 2 2-12-40. This article shall be known and may be cited as the `Georgia Liming Materials Act of 1996.' 2-12-41. As used in this article, the term: (1) `Agricultural liming material' means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity and which is sold or distributed for that purpose. Agricultural liming materials may either be in solid or liquid (suspension) form. The following are types of agricultural liming materials: (A) `Burnt lime' is a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide. (B) `Calcitic liming materials' are those materials composed wholly or primarily of calcium carbonate. (C) `Dolomitic liming materials' are those materials composed of calcium and magnesium carbonates. (D) `Hydrated lime' is a material, made from burnt lime, which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide or both. (E) `Industrial by-product' is any industrial waste or by-product containing calcium or calcium and magnesium compounds which will neutralize soil acidity.

Page 1191

(F) `Limestone' is a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate which is capable of neutralizing soil acidity. (G) `Marl' is a granular or loosely consolidated earthy material composed largely of seashell fragments and calcium carbonate. (2) `Brand' means the term, designation, trademark, product name, or other specific designation under which individual agricultural liming materials are offered for sale. (3) `Bulk' means in nonpackaged form. (4) `Calcium carbonate equivalent' or `neutralizing value' means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. (5) `Commissioner' means the Commissioner of Agriculture of the State of Georgia. (6) `Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available agricultural liming material in this state. (7) `Distributor' means any person who distributes. (8) `Fineness' means the percentage by weight of the liming material which will pass the United States Standard Sieve Series of specified sizes. The Commissioner shall establish by regulation the sieve sizes and minimum percentages required to pass such sieves for agricultural liming materials. (9) `Investigational allowance' means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of agricultural liming material. (10) `Label' means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments. (11) `Labeling' means all written, printed, or graphic matter upon or accompanying any liming material or any advertisements, brochures, posters, or television or radio announcements used in promoting the sale of such liming material. (12) `Licensee' means the person who is responsible for guaranteeing agricultural liming materials and who receives a lime license to distribute agricultural liming materials under the provisions of this article. (13) `Lot' means that amount of agricultural liming material on hand and actually covered by the official sample at the time and place of sampling. In determining deficiencies in and penalties on agricultural

Page 1192

liming materials under this article, deficiencies and penalties shall be calculated on the actual tonnage present at the time of sampling, provided that, if at the time of sampling at least 20 percent of the single delivery is present, the total amount in the single shipment shall be subject to penalty. (14) `Official sample' means any sample of agricultural liming material taken by the Commissioner or the Commissioner's agent and designated `official' by the Commissioner. (15) `Percent' or `percentage' means by weight. (16) `Person' means an individual, partnership, association, firm, or corporation. (17) `Ton' means a net weight of 2,000 pounds avoirdupois. 2-12-42. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. 2-12-43. (a)(1) Each person whose name appears on the label of an agricultural liming material or who is responsible for guaranteeing such liming material must obtain a lime license from the Commissioner before distributing such product in Georgia. (2) All licenses shall expire on June 30 of each year. The application for a license shall be submitted to the Commissioner on forms furnished by the Commissioner. Upon approval by the Commissioner, a copy of the license shall be furnished to the applicant. A new licensee shall pay a license fee of $50.00. Thereafter, the license fee shall be based on the annual tonnage of liming materials sold in Georgia by the licensee in the previous 12 month period ending June 30, in accordance with the following: (A) A $100.00 annual fee for licensees having sales of 10,000 tons or more of liming materials in this state; or (B) A $50.00 annual fee for licensees having sales of less than 10,000 tons of liming materials in this state. A lime license must be renewed annually and fees shall be received by July 1 of each calendar year, or the applicable license fee shall increase in the manner prescribed in the rules and regulations. Such license may be revoked for cause, after due notice and hearing, for a violation of this article or any rules or regulations adopted by the Commissioner pursuant to this article. (b)(1) No licensee shall distribute in this state an agricultural liming material until such product is registered with the Commissioner by the

Page 1193

licensee whose name appears on the label. An application for registration for each brand and product name of liming materials shall be made on forms furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name shall accompany the application. The registration fee shall be $50.00 per product. Such fee shall be submitted with the registration, and a renewal fee of $50.00 shall be due each July 1. If renewal registration fees are not received by July 1 of each calendar year, the registration fee shall increase in the manner prescribed in the rules and regulations. Upon approval by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registrations shall be considered permanent so long as no changes or deviations are made in the labels of such products and so long as the registration fees are paid as specified in this article and the rules and regulations of the Commissioner. Such registrations may be cancelled for cause, after due notice and hearing, for a violation of this article or any rules and regulations adopted by the Commissioner pursuant to this article. (2) A distributor shall not be required to register any brand of agricultural liming material which is already registered under this article by another person, provided the label does not differ in any respect. 2-12-44. Each licensee shall submit semiannually to the Commissioner, on forms furnished by or acceptable to the Commissioner, a statement as to the total tons of liming material sold by such licensee. This and such other information as the Commissioner may require by regulations shall be supplied for the reporting periods of July 1 through December 31 and January 1 through June 30. Reports shall be received by the Commissioner no later than 30 days after the close of the reporting period. 2-12-45. (a) Agricultural liming materials sold, offered, or exposed for sale in this state shall have affixed to each container in a conspicuous manner on the outside thereof a plainly printed or stamped label, tag, or statement, or in the case of bulk sales, a delivery slip setting forth at least the following information: (1) The name and principal office address of the licensee, manufacturer, or distributor; (2) The brand or trade name of the material; (3) The identification of the product as to the type of the agricultural liming material; (4) The net weight of the agricultural liming material;

Page 1194

(5) The guaranteed calcium carbonate equivalent (neutralizing value). The minimum calcium carbonate equivalent shall be prescribed for various agricultural liming materials by regulation; (6) The guaranteed content of elemental calcium (Ca); (7) In the case of dolomitic limestone, the guaranteed content of elemental magnesium (Mg). The minimum magnesium content for dolomitic liming materials shall be established by regulations; (8) The percent by weight passing through U.S. Standard sieves as prescribed by regulations; and (9) The percent moisture. The maximum moisture content will be prescribed by regulation. (b) No information or statement shall appear on any package, label, delivery slip, or advertising matter which is misleading to the purchaser as to the quality, analysis, type, or composition of any agricultural liming material. No oral or written statement or claim which is false or misleading as to the comparative value or effectiveness of liming materials shall be made in any labeling, promotion, or advertising medium. 2-12-46. (a) It shall be the duty of the Commissioner, who may act through his or her authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the Commissioner may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this article. The Commissioner, individually or through his or her agent, is authorized to enter upon any public or private premises or carrier during regular business hours in order to have access to agricultural liming material subject to the provisions of this article and regulations pertaining thereto, and to the records relating to their distribution. (b) The methods of analysis and sampling shall be those adopted by the Association of Official Analytical Chemists (AOAC) or such other methods approved by the Commissioner. (c) The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the Commissioner as provided for by regulation. 2-12-47. (a) No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this article and rules and regulations adopted pursuant to this article. (b) No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities determined by the Commissioner which may be injurious to plants or animals.

Page 1195

2-12-48. If the analysis of an official sample shows that an agricultural liming material is deficient in one or more of its guarantees beyond the investigational allowances set forth in the regulations of the Commissioner, the following penalties shall be assessed in accordance with the following provisions: (1) In the event the neutralizing value (calcium carbonate equivalent) is found deficient, the penalty shall be 50 per percentage point or fraction thereof on all liming materials; (2) In the event the magnesium (Mg) is found to be deficient, the penalty shall be $1.00 per percentage point or fraction thereof on all liming materials; (3) When an official sample does not meet screen specifications as set forth in this article, the penalty shall be 50 per percentage point or fraction thereof for each sieve size failing to meet its guarantee; (4) If the moisture content of an official sample exceeds the guarantee, a penalty of $1.00 per ton shall be assessed for each increase in moisture of 5 percent or fraction thereof; (5) When an official sample is subject to a penalty, the tonnage represented by the official sample shall be subject to a minimum penalty of $10.00 and a maximum penalty not to exceed the actual retail value of the liming material; and (6) Penalty payments will be made to the consumer, when known, through the office of the Commissioner. If the consumer is unknown, the penalty payment will be made to the Commissioner to be deposited in the state treasury. 2-12-49. The Commissioner, after reasonable notice and hearing, is authorized to promulgate and enforce rules and regulations for the administration of this article. 2-12-50. (a) If it appears to the Commissioner or the Commissioner's agents that this article or the rules and regulations issued under this article have been violated, the Commissioner shall cause notice of the violation to be given to the licensee, distributor, or person responsible; and the persons notified shall be given an opportunity to be heard in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If it appears after such hearing that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the court having jurisdiction for prosecution as a misdemeanor or other appropriate action.

Page 1196

(b) Any person violating any provision of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report a violation of this article for prosecution or for the institution of seizure proceedings when the Commissioner believes that the public interest will best be served by other methods. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. EDUCATION SAVANNAH STATE COLLEGE; SCHOOL OF BUSINESS; ADVISORY BOARD TO CENTER FOR TRADE AND TECHNOLOGY TRANSFER. Code Section 20-3-84 Amended. No. 974 (Senate Bill No. 672). AN ACT To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, so as to create the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College; to provide for the membership thereof and the terms and qualifications of members; to provide for officers and meetings; to provide that members shall serve without compensation or expenses; to provide for the duties of the board; to provide for reports; 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. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to University System of Georgia, is amended by adding at the end thereof a new Code Section 20-3-84 to read as follows: 20-3-84. (a) There is created the Advisory Board to the Center for Trade and Technology Transfer at the School of Business of Savannah State College. The advisory board shall be composed of 15 members to be appointed by the chancellor of the University System of Georgia for terms of two years and until their respective successors are appointed and qualified. No member may serve more than two terms as a member

Page 1197

of the advisory board. The first members of the advisory board shall be appointed not later than July 1, 1996, and the initial terms shall begin on such date. In order to be eligible for appointment as a member, a person must have a proven interest in the advancement of economic and community development, an interest in the development of trade with emerging nations, and an interest in the purposes for which the center was created. Members shall serve without compensation or reimbursement of expenses. (b) The advisory board shall elect from among the members thereof a chairperson, a vice chairperson, and such other officers as the board shall deem appropriate. The chairperson, or the vice chairperson in the absence of the chairperson, shall call and preside at meetings of the board. A majority of the total membership of the board shall constitute a quorum for the transaction of business. Meetings of the board shall be held at Savannah State College or at such other locations as the chairperson shall determine. (c) The advisory board shall assist and advise the Center for Trade and Technology Transfer at the School of Business of Savannah State College in the performance of its functions and the accomplishment of its purposes. The board shall seek ways to enhance the development of communities throughout the state and the world, to improve trade between this state and emerging nations, and to increase the transfer and beneficial uses and implementation of technology. (d) From time to time, the advisory board shall report its findings and recommendations to the Governor and the General Assembly. 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 15, 1996. GENERAL PROVISIONS EFFECTIVE DATES OF ACTS INCREASING EXPENDITURES OR DECREASING REVENUES OF COUNTIES OR MUNICIPALITIES. Code Section 1-3-4.1 Amended. No. 975 (House Bill No. 1383). AN ACT To amend Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, so as to change certain provisions regarding

Page 1198

the effective date of compensation increases for certain county officers; to provide for a uniform effective date for all Acts which provide for an increase in expenditure by or loss of revenue to counties or municipalities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 1 of the Official Code of Georgia Annotated, relating to laws and statutes, is amended by striking Code Section 1-3-4.1, relating to the effective date of compensation increases for certain county officers, and inserting in its place a new Code Section 1-3-4.1 to read as follows: 1-3-4.1. (a) It is the intent and purpose of this Code section to recognize that an effective budget process is essential to the proper functioning of county and municipal governments in Georgia and, furthermore, to recognize that Acts of the General Assembly should not disrupt that process by requiring counties and municipalities to incur additional expenses or experience loss of revenue in the middle of a budget year. (b) No Act providing for an increase in expenditures by or loss of revenue to counties or municipalities of Georgia shall be effective until the first day of January following passage of the Act. SECTION 2. This Act shall become effective on January 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. GENERAL ASSEMBLY NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION TO BE PROVIDED TO LOCAL GOVERNING AUTHORITY; PROCEDURES; CONDITIONS; LIMITATIONS. Code Section 28-1-14 Amended. No. 976 (House Bill No. 1385). AN ACT To amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, so as to provide that a notice of intention to introduce local legislation be provided to the governing authority of any county, municipality, or consolidated

Page 1199

government affected by such legislation; to provide for procedures, conditions, and limitations; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions relative to the General Assembly, is amended by striking in its entirety Code Section 28-1-14, relating to notice of intention to introduce local legislation, and inserting in lieu thereof the following: 28-1-14. (a) No local bill shall become law unless notice of the intention to introduce such bill shall have been advertised in the newspaper in which the sheriff's advertisements for the locality affected are published one time before the bill is introduced. Such advertisement must be not more than 60 days prior to the convening date of the session at which the bill is introduced. After the advertisement has been published the bill may be introduced at any time during that session unless the advertisement is published during the session, in which event the bill may not be introduced before Monday of the calendar week following the week in which the advertisement is published. A copy of the notice as it was advertised and an affidavit stating that the notice has been published as provided by this Code section shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill. (b)(1) No local bill amending the charter of a municipality or the enabling Act of the governing authority of a county or a consolidated government or otherwise relating to a county, municipality, or consolidated government shall become law unless a copy of the notice of the intention to introduce local legislation required by subsection (a) of this Code section is mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which such notice is published as provided in subsection (a) of this Code section. A single notice sent by United States mail, postage prepaid, addressed to the governing authority of the county, municipality, or consolidated government at the official address of such governing authority shall satisfy the requirement of this subsection. If such notice is mailed, the notice requirement of this subsection shall be presumed to have been met by depositing the copy of the required notice in the United States mail. (2) An affidavit stating that such notice has been provided as required by this subsection shall be attached to the bill and shall become a part of the bill. Such affidavit shall be made by the author of the bill.

Page 1200

(3) The notice requirement of this subsection shall not apply in the event such local bill has been requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government. A copy of such resolution or other written notification shall be attached to the bill and shall become a part of the bill. (4) This subsection shall not apply to a local bill proposing an annexation which is subject to the notice requirements of Code Section 36-36-6. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COMMERCE AND TRADE WAREHOUSE RECEIPTS FOR STORAGE OF AGRICULTURAL PRODUCTS; ELECTRONIC RECEIPTS; COMPUTER PRINTOUTS. Code Section 10-4-19 Amended. No. 977 (House Bill No. 1405). AN ACT To amend Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, so as to authorize the Commissioner of Agriculture to permit the use of electronic warehouse receipts and to accept electronic warehouse receipts obtained by warehousemen from bonded electronic warehouse receipt providers approved by and under an operational agreement with the Department of Agriculture; to authorize the use of certain computer printouts with respect to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 10-4-19 of the Official Code of Georgia Annotated, relating to warehouse receipts required for the storage of agricultural products and obtaining printed forms, is amended by adding at the end of said Code section a new subsection (e) to read as follows: (e) The Commissioner is authorized to permit the use of electronic warehouse receipts and to accept as full compliance with this Code section electronic warehouse receipts obtained by warehousemen from bonded electronic warehouse receipt providers approved by and under an operational agreement with the Department of Agriculture. A

Page 1201

computer printout issued on behalf of a state licensed warehouse by an approved electronic warehouse receipt provider shall be sufficient to comply with this part if such printout is sufficient to meet existing requirements of the electronic warehouse receipt program administered by the United States Department of Agriculture. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HEALTH DEATH CERTIFICATES; LIST OF PERSONS FOR WHOM DEATH CERTIFICATES FILED TO BE FURNISHED TO SECRETARY OF STATE; BIRTH CERTIFICATE TO BE MARKED WHEN DEATH CERTIFICATE FILED; HEALTH CARE PROVIDER REPORTS; DATA INCLUDED. Code Sections 31-7-280, 31-10-15, and 31-10-30 Amended. No. 978 (House Bill No. 1420). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to provide that when a death certificate is recorded, the accompanying birth certificate shall be stamped deceased; to change the provisions relating to purging voter registration lists of names of deceased persons; to change the provisions relating to health care date reporting, analysis, and dissemination; 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 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking subsection (f) of Code Section 31-10-15, relating to death certificates, and inserting in lieu thereof the following: (f) When death occurs on or after July 1, 1985, in a county other than the county of the residence of the deceased person, a copy of such person's death certificate shall be forwarded as soon as practicable by the department to the custodian of records of the county of the residence of such deceased person. The custodian of records shall file such death certificate as a part of the permanent records of such office. (g) By the twentieth day of each month, the state registrar shall furnish to the Secretary of State's office, in a format prescribed by the Secretary's

Page 1202

office, a list of those persons for whom death certificates have been filed during the preceding month. Such list shall be used by the Secretary of State to notify local registration officers for the purpose of purging the voter registration list of each county. SECTION 2. Said chapter is further amended by striking Code Section 31-10-30, relating to posting facts of death to birth certificates, and inserting in lieu thereof a new Code section to read as follows: 31-10-30. (a) To protect the integrity of vital records and to prevent the fraudulent use of birth certificates of deceased persons, the state registrar is authorized to match birth and death certificates, in accordance with written standards promulgated by the state registrar to prove beyond a reasonable doubt the fact of death and to post the facts of death to the appropriate birth certificate and index. Copies issued from birth certificates marked deceased shall be similarly marked. (b) When a death occurs in this state for which a death certificate must be filed in accordance with Code Section 31-10-15, and the decedent's birth certificate is on file at the state office of vital records, the state registrar shall mark that deceased person's birth certificate with the word 'Deceased.' The state registrar shall notify the custodian of vital records of the county where the decedent was born that the deceased individual's birth certificate has been marked `Deceased.' SECTION 2.1. Code Section 31-7-280, relating to health care provider reports, is amended by striking paragraph (14) of subsection (c) thereof and inserting in its place the following: (14) Data available on a recognized uniform billing statement or substantially similar form generally used by health care providers which reflect, but are not limited to, the following type of data obtained during a 12 month period during each reporting period: unique longitudinal nonidentifying patient code, the patient's birth date, sex, race, geopolitical subdivision code, ZIP Code, county of residence, type of bill, beginning and ending service dates, date of admission, discharge date, disposition of the patient, medical or health record number, principal and secondary diagnoses, principal and secondary procedures and procedure dates, external cause of injury codes, diagnostic related group number (DRG), DRG procedure coding used, revenue codes, total charges and summary of charges by revenue code, payor or plan identification, or both, place of service code such as the uniform hospital identification number

Page 1203

and hospital name, attending physician and other ordering, referring, or performing physician identification number, and specialty code. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS SECONDARY ACTIONS BY ASSOCIATION SHAREHOLDERS; DISTRIBUTION DEFINED; LIABILITY OF CORPORATE DIRECTORS; RESIGNATION OF OFFICERS; INDEMNIFICATION; AMENDMENT OF ARTICLES OF INCORPORATION; MERGERS OR SHARE EXCHANGES; EFFECT OF DISSOLUTION. Code Section 9-11-23 Amended. Code Title 14, Chapter 2 Amended. No. 979 (House Bill No. 1425). AN ACT To amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change provisions relative to secondary actions by shareholders as to the contents of the complaint; to amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to revise definitions; to change provisions relating to elimination of limitation of a director's liability to the corporation or its shareholders; to provide for notice of officers' resignations to the Secretary of State; to change provisions relating to indemnification; to change provisions relating to mandatory and discretionary indemnification of a director, officer, employee, or agent; to provide for advancing funds before the final disposition of a proceeding in certain circumstances; to change provisions relating to court orders for indemnification or advance for expenses; to change provisions for determining that indemnification is permissible; to change provisions for authorizing indemnification; to change provisions relating to insurance on behalf of directors, officers, employees, or agents; to change provisions relating to obligation for indemnification or advance for expenses in advance of the act or omission; to change provisions relating to amendment of the articles of incorporation by the directors; to change provisions relating to shareholders' action on a plan for merger or share exchange; to change provisions relating to mergers of share exchanges of corporations with joint-stock or other unincorporated associations or trusts; to provide that remedies of dissolved corporations shall be preserved in certain situations; to provide a statute of limitation regarding actions on behalf of dissolved corporations; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1204

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety subsection (b) of Code Section 9-11-23, relating to class actions, and inserting in lieu thereof the following: (b) Secondary action by shareholders . In an action brought to enforce a secondary right on the part of one or more shareholders in an association, incorporated or unincorporated, because the association refuses to enforce rights which may properly be asserted by it, the complaint shall be verified by oath and shall aver that the plaintiff was a shareholder at the time of the transaction of which he or she complains or that his or her share thereafter devolved on him or her by operation of law. The complaint shall also set forth with particularity the efforts of the plaintiff to secure from the managing directors or trustees such actions as the plaintiff desires and the reasons for his or her failure to obtain such action or the reasons why irreparable injury to the association, incorporated or unincorporated, would result by waiting for 90 days from the date of the demand upon the managing directors or trustees. This Code section is cumulative of Code Section 14-2-831. SECTION 2. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking in its entirety paragraph (6) of Code Section 14-2-140, relating to definitions, and inserting in lieu thereof the following: (6) `Distribution' means a direct or indirect transfer of money or other property (except its own shares or rights to acquire its own shares) or incurrence of indebtedness by a corporation to or for the benefit of its shareholders in respect of any of its shares. A distribution may be in the form of a declaration or payment of a dividend; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise. SECTION 3. Said chapter is further amended by striking in its entirety paragraph (4) of subsection (b) of Code Section 14-2-202, relating to articles of incorporation, and inserting in lieu thereof the following: (4) A provision eliminating or limiting the liability of a director to the corporation or its shareholders for monetary damages for any action taken, or any failure to take any action, as a director, except liability: (A) For any appropriation, in violation of his or her duties, of any business opportunity of the corporation;

Page 1205

(B) For acts or omissions which involve intentional misconduct or a knowing violation of law; (C) For the types of liability set forth in Code Section 14-2-832; or (D) For any transaction from which the director received an improper personal benefit, provided that no such provision shall eliminate or limit the liability of a director for any act or omission occurring prior to the date when such provision becomes effective; and. SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 14-2-843, relating to resignation and removal of officers, and inserting in lieu thereof the following: (a) An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. A copy of the notice of resignation as delivered to the corporation may be filed with the Secretary of State. SECTION 5. Said chapter is further amended in Article 8, relating to directors and officers, by striking in its entirety Part 5, relating to indemnification, and inserting in lieu thereof the following: Part 5 14-2-850. As used in this part, the term: (1) `Corporation' includes any domestic or foreign predecessor entity of a corporation in a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. (2) `Director' or `officer' means an individual who is or was a director or officer, respectively, of a corporation or who, while a director or officer of the corporation, is or was serving at the corporation's request as a director, officer, partner, trustee, employee, or agent of another domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other entity. A director or officer is considered to be serving an employee benefit plan at the corporation's request if his or her duties to the corporation also impose duties on, or otherwise involve services by, the director or officer to the plan or to participants in or beneficiaries of the plan. Director or officer

Page 1206

includes, unless the context otherwise requires, the estate or personal representative of a director or officer. (3) `Disinterested director' means a director who at the time of a vote referred to in subsection (c) of Code Section 14-2-853 or a vote or selection referred to in subsection (b) or (c) of Code Section 14-2-855 or subsection (a) of Code Section 14-2-856 is not: (A) A party to the proceeding; or (B) An individual who is a party to a proceeding having a familial, financial, professional, or employment relationship with the director whose indemnification or advance for expenses is the subject of the decision being made with respect to the proceeding, which relationship would, in the circumstances, reasonably be expected to exert an influence on the director's judgment when voting on the decision being made. (4) `Expenses' includes counsel fees. (5) `Liability' means the obligation to pay a judgment, settlement, penalty, fine (including an excise tax assessed with respect to an employee benefit plan), or reasonable expenses incurred with respect to a proceeding. (6) `Official capacity' means: (A) When used with respect to a director, the office of director in a corporation; and (B) When used with respect to an officer, as contemplated in Code Section 14-2-857, the office in a corporation held by the officer. Official capacity does not include service for any other domestic or foreign corporation or any partnership, joint venture, trust, employee benefit plan, or other entity. (7) `Party' means an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. (8) `Proceeding' means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, arbitrative, or investigative and whether formal or informal. 14-2-851. (a) Except as otherwise provided in this Code section, a corporation may indemnify an individual who is a party to a proceeding because he or she is or was a director against liability incurred in the proceeding if: (1) Such individual conducted himself or herself in good faith; and (2) Such individual reasonably believed:

Page 1207

(A) In the case of conduct in his or her official capacity, that such conduct was in the best interests of the corporation; (B) In all other cases, that such conduct was at least not opposed to the best interests of the corporation; and (C) In the case of any criminal proceeding, that the individual had no reasonable cause to believe such conduct was unlawful. (b) A director's conduct with respect to an employee benefit plan for a purpose he or she believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirement of subparagraph (a)(1)(B) of this Code section. (c) The termination of a proceeding by judgment, order, settlement, or conviction, or upon a plea of nolo contendere or its equivalent is not, of itself, determinative that the director did not meet the standard of conduct described in this Code section. (d) A corporation may not indemnify a director under this Code section: (1) In connection with a proceeding by or in the right of the corporation, except for reasonable expenses incurred in connection with the proceeding if it is determined that the director has met the relevant standard of conduct under this Code section; or (2) In connection with any proceeding with respect to conduct for which he was adjudged liable on the basis that personal benefit was improperly received by him, whether or not involving action in his official capacity. 14-2-852. A corporation shall indemnify a director who was wholly successful, on the merits or otherwise, in the defense of any proceeding to which he or she was a party because he or she was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding. 14-2-853. (a) A corporation may, before final disposition of a proceeding, advance funds to pay for or reimburse the reasonable expenses incurred by a director who is a party to a proceeding because he or she is a director if he or she delivers to the corporation: (1) A written affirmation of his or her good faith belief that he or she has met the relevant standard of conduct described in Code Section 14-2-851 or that the proceeding involves conduct for which liability has been eliminated under a provision of the articles of incorporation as

Page 1208

authorized by paragraph (4) of subsection (b) of Code Section 14-2-202; and (2) His or her written undertaking to repay any funds advanced if it is ultimately determined that the director is not entitled to indemnification under this part. (b) The undertaking required by paragraph (2) of subsection (a) of this Code section must be an unlimited general obligation of the director but need not be secured and may be accepted without reference to the financial ability of the director to make repayment. (c) Authorizations under this Code section shall be made: (1) By the board of directors: (A) When there are two or more disinterested directors, by a majority vote of all the disinterested directors (a majority of whom shall for such purpose constitute a quorum) or by a majority of the members of a committee of two or more disinterested directors appointed by such a vote; or (B) When there are fewer than two disinterested directors, by the vote necessary for action by the board in accordance with subsection (c) of Code Section 14-2-824, in which authorization directors who do not qualify as disinterested directors may participate; or (2) By the shareholders, but shares owned or voted under the control of a director who at the time does not qualify as a disinterested director with respect to the proceeding may not be voted on the authorization. 14-2-854. (a) A director who is a party to a proceeding because he or she is a director may apply for indemnification or advance for expenses to the court conducting the proceeding or to another court of competent jurisdiction. After receipt of an application and after giving any notice it considers necessary, the court shall: (1) Order indemnification or advance for expenses if it determines that the director is entitled to indemnification under this part; or (2) Order indemnification or advance for expenses if it determines, in view of all the relevant circumstances, that it is fair and reasonable to indemnify the director or to advance expenses to the director, even if the director has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-2-851, failed to comply with Code Section 14-2-853, or was adjudged liable in a proceeding referred to in paragraph (1) or (2) of subsection (d) of Code Section 14-2-851, but if the director was adjudged so liable, the indemnification

Page 1209

shall be limited to reasonable expenses incurred in connection with the proceeding. (b) If the court determines that the director is entitled to indemnification or advance for expenses under this part, it may also order the corporation to pay the director's reasonable expenses to obtain court-ordered indemnification or advance for expenses. 14-2-855. (a) A corporation may not indemnify a director under Code Section 14-2-851 unless authorized thereunder and a determination has been made for a specific proceeding that indemnification of the director is permissible in the circumstances because he or she has met the relevant standard of conduct set forth in Code Section 14-2-851. (b) The determination shall be made: (1) If there are two or more disinterested directors, by the board of directors by a majority vote of all the disinterested directors (a majority of whom shall for such purpose constitute a quorum) or by a majority of the members of a committee of two or more disinterested directors appointed by such a vote; (2) By special legal counsel: (A) Selected in the manner prescribed in paragraph (1) of this subsection; or (B) If there are fewer than two disinterested directors, selected by the board of directors (in which selection directors who do not qualify as disinterested directors may participate); or (3) By the shareholders, but shares owned by or voted under the control of a director who at the time does not qualify as a disinterested director may not be voted on the determination. (c) Authorization of indemnification or an obligation to indemnify and evaluation as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible, except that if there are fewer than two disinterested directors or if the determination is made by special legal counsel, authorization of indemnification and evaluation as to reasonableness of expenses shall be made by those entitled under subparagraph (b)(2)(B) of this Code section to select special legal counsel. 14-2-856. (a) If authorized by the articles of incorporation or a bylaw, contract, or resolution approved or ratified by the shareholders by a majority of the votes entitled to be cast, a corporation may indemnify or obligate itself to indemnify a director made a party to a proceeding including a

Page 1210

proceeding brought by or in the right of the corporation, without regard to the limitations in other Code sections of this part, but shares owned or voted under the control of a director who at the time does not qualify as a disinterested director with respect to any existing or threatened proceeding that would be covered by the authorization may not be voted on the authorization. (b) The corporation shall not indemnify a director under this Code section for any liability incurred in a proceeding in which the director is adjudged liable to the corporation or is subjected to injunctive relief in favor of the corporation: (1) For any appropriation, in violation of the director's duties, of any business opportunity of the corporation; (2) For acts or omissions which involve intentional misconduct or a knowing violation of law; (3) For the types of liability set forth in Code Section 14-2-832; or (4) For any transaction from which he received an improper personal benefit. (c) Where approved or authorized in the manner described in subsection (a) of this Code section, a corporation may advance or reimburse expenses incurred in advance of final disposition of the proceeding only if: (1) The director furnishes the corporation a written affirmation of his or her good faith belief that his or her conduct does not constitute behavior of the kind described in subsection (b) of this Code section; and (2) The director furnishes the corporation a written undertaking, executed personally or on his or her behalf, to repay any advances if it is ultimately determined that the director is not entitled to indemnification under this Code section. 14-2-857. (a) A corporation may indemnify and advance expenses under this part to an officer of the corporation who is a party to a proceeding because he or she is an officer of the corporation: (1) To the same extent as a director; and (2) If he or she is not a director, to such further extent as may be provided by the articles of incorporation, the bylaws, a resolution of the board of directors, or contract except for liability arising out of conduct that constitutes: (A) Appropriation, in violation of his or her duties, of any business opportunity of the corporation;

Page 1211

(B) Acts or omissions which involve intentional misconduct or a knowing violation of law; (C) The types of liability set forth in Code Section 14-2-832; or (D) Receipt of an improper personal benefit. (b) The provisions of paragraph (2) of subsection (a) of this Code section shall apply to an officer who is also a director if the sole basis on which he or she is made a party to the proceeding is an act or omission solely as an officer. (c) An officer of a corporation who is not a director is entitled to mandatory indemnification under Code Section 14-2-852, and may apply to a court under Code Section 14-2-854 for indemnification or advances for expenses, in each case to the same extent to which a director may be entitled to indemnification or advances for expenses under those provisions. (d) A corporation may also indemnify and advance expenses to an employee or agent who is not a director to the extent, consistent with public policy, that may be provided by its articles of incorporation, bylaws, general or specific action of its board of directors, or contract. 14-2-858. A corporation may purchase and maintain insurance on behalf of an individual who is a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the corporation, serves at the corporation's request as a director, officer, partner, trustee, employee, or agent of another domestic or foreign corporation, partnership, joint venture, trust, employee benefit plan, or other entity against liability asserted against or incurred by him or her in that capacity or arising from his or her status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify or advance expenses to him or her against the same liability under this part. 14-2-859. (a) A corporation may, by a provision in its articles of incorporation or bylaws or in a resolution adopted or a contract approved by its board of directors or shareholders, obligate itself in advance of the act or omission giving rise to a proceeding to provide indemnification or advance funds to pay for or reimburse expenses consistent with this part. Any such obligatory provision shall be deemed to satisfy the requirements for authorization referred to in subsection (c) of Code Section 14-2-853 or subsection (c) of Code Section 14-2-855. Any such provision that obligates the corporation to provide indemnification to the fullest extent permitted by law shall be deemed to obligate the corporation to advance funds to pay for or reimburse expenses in accordance with Code

Page 1212

Section 14-2-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. (b) Any provision pursuant to subsection (a) of this Code section shall not obligate the corporation to indemnify or advance expenses to a director of a predecessor of the corporation, pertaining to conduct with respect to the predecessor, unless otherwise specifically provided. Any provision for indemnification or advance for expenses in the articles of incorporation, bylaws, or a resolution of the board of directors or shareholders, partners, or, in the case of limited liability companies, members or managers of a predecessor of the corporation or other entity in a merger or in a contract to which the predecessor is a party, existing at the time the merger takes effect, shall be governed by paragraph (3) of subsection (a) of Code Section 14-2-1106. (c) A corporation may, by a provision in its articles of incorporation, limit any of the rights to indemnification or advance for expenses created by or pursuant to this part. (d) This part does not limit a corporation's power to pay or reimburse expenses incurred by a director or an officer in connection with his or her appearance as a witness in a proceeding at a time when he or she is not a party. (e) Except as expressly provided in Code Section 14-2-857, this part does not limit a corporation's power to indemnify, advance expenses to, or provide or maintain insurance on behalf of an employee or agent. SECTION 6. Said chapter is further amended in Code Section 14-2-1002, relating to amendment of articles of incorporation by directors, by inserting two new paragraphs to be designated paragraphs (4) and (5) and by renumbering paragraphs (4) through (7) so that paragraphs (4) through (9) read as follows: (4) To delete the name and address of each incorporator; (5) To delete the mailing address of the initial principal office of the corporation if an annual registration is on file with the Secretary of State; (6) To change each issued or each issued and unissued authorized share of an outstanding class into a greater number of whole shares if the corporation has only shares of that class outstanding; (7) To change or eliminate the par value of each issued and unissued share of an outstanding class if the corporation has only shares of that class outstanding; (8) To change the corporate name; or

Page 1213

(9) To make any other change expressly permitted by this chapter to be made without shareholder action. SECTION 7. Said chapter is further amended in Code Section 14-2-1103, relating to action on a plan for merger or share exchange, by striking in its entirety subsection (h) and inserting in lieu thereof the following: (h) Action by the shareholders of the surviving corporation on a plan of merger is not required if: (1) The articles of incorporation of the surviving corporation will not differ (except for amendments enumerated in Code Section 14-2-1002) from its articles before the merger; (2) Each share of stock of the surviving corporation outstanding immediately before the effective date of the merger is to be an identical outstanding or reacquired share immediately after the merger; and (3) The number and kind of shares outstanding immediately after the merger, plus the number and kind of shares issuable as a result of the merger and by the conversion of securities issued pursuant to the merger or the exercise of rights and warrants issued pursuant to the merger, will not exceed the total number and kind of shares of the surviving corporation authorized by its articles of incorporation immediately before the merger. SECTION 8. Said chapter is further amended by striking in its entirety Code Section 14-2-1109, relating to mergers or share exchanges of corporations with joint-stock or other unincorporated associations or trusts, and inserting in lieu thereof the following: 14-2-1109. (a) As used in this Code section, the term: (1) `Entity' includes any domestic or foreign nonprofit corporation, domestic or foreign limited liability company, domestic or foreign joint stock association, or domestic or foreign limited partnership. (2) `Governing agreements' includes the articles of incorporation and bylaws of a corporation or nonprofit corporation, articles of association or trust agreement or indenture and bylaws of a joint stock association, articles of organization and operating agreement of a limited liability company, and the certificate of limited partnership and limited partnership agreement of a limited partnership, and agreements serving comparable purposes under the laws of other states or jurisdictions.

Page 1214

(3) `Joint-stock association' includes any association of the kind commonly known as a joint-stock association or joint-stock company and any unincorporated association, trust, or enterprise having members or having outstanding shares of stock or other evidences of financial and beneficial interest therein, whether formed by agreement or under statutory authority or otherwise, but does not include a corporation, partnership, limited liability partnership, limited liability company, or nonprofit organization. A joint-stock association as defined in this paragraph may be one formed under the laws of this state, including a trust created pursuant to Article 3 of Chapter 12 of Title 53, or one formed under or pursuant to the laws of any other state or jurisdiction. (4) `Limited liability company' includes limited liability companies formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited liability company with a corporation. (5) `Limited partnership' includes limited partnerships formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a limited partnership with a corporation. (6) `Nonprofit corporation' includes corporations which may make no distributions to their members, directors or officers, except as reasonable compensation for services rendered, and except as otherwise provided by law, formed under the laws of this state or of any other state or territory or the District of Columbia, unless the laws of such other state or jurisdiction forbid the merger of a nonprofit corporation with a corporation formed under a general corporation law. (7) `Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a limited liability company, joint-stock association or a limited partnership, but does not include debt obligations of any entity. (8) `Shareholder' includes every member of a limited liability company joint-stock association that is a party to a merger or holder of a share of stock or other evidence of financial or beneficial interest therein. (b) Any one or more domestic corporations may merge with one or more entities, except an entity formed under the laws of a state or jurisdiction which forbids a merger with a corporation. The corporation or corporations and one or more entities may merge into a single corporation or other entity, which may be any one of the constituent corporations or entities.

Page 1215

(c) The board of directors of each merging corporation and the appropriate body of each entity, in accordance with its governing agreements and the laws of the state or jurisdiction under which it was formed, shall adopt a plan of merger in accordance with each corporation's and entity's governing agreements and the laws of the state or jurisdiction under which it was formed, as the case may be. (d) The plan of merger: (1) Must set forth: (A) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each other corporation and entity plans to merge; (B) The terms and conditions of the merger; and (C) The manner and basis of converting the shares of each corporation and the shares, memberships, or financial or beneficial interests or units in each of the entities into shares, obligations, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part; (2) May set forth: (A) Amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; and (B) Other provisions relating to the merger. (e) For a plan of merger to be approved, the board of directors of each merging corporation must recommend the plan of merger to the shareholders in the same manner and to the same extent as provided in Code Section 14-2-1103. In the case of any other entity, the plan of merger shall be approved in the manner required by its governing agreements and in compliance with any applicable laws of the state or jurisdiction under which it was formed. In addition, each of the corporations shall comply with all other Code sections of this chapter which relate to the merger of domestic corporations. Each other entity shall comply with all other provisions of its governing agreements and all provisions of the laws, if any, of the state or jurisdiction in which it was formed which relate to the merger. (f) Each merging corporation shall comply with the requirements of Code Section 14-2-1105. SECTION 9. Said chapter is further amended by adding a new Code section to be designated Code Section 14-2-1410 to read as follows:

Page 1216

14-2-1410. The dissolution of a corporation in any manner, except by a decree of the superior court when the court has supervised the liquidation of the assets and business of the corporation as provided in Code Sections 14-2-1430 through 14-2-1433, shall not take away or impair any remedy available to such corporation, its directors, officers, or shareholders for any right or claim existing prior to such dissolution if action or other proceeding thereon is pending on the date of such dissolution or is commenced within two years after the date of such dissolution. Any such action or proceeding by the corporation may be prosecuted by the corporation in its corporate name. The shareholders, directors, and officers shall have power to take such corporate or other action as shall be appropriate to protect such remedy, right, or claim. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. ELECTIONS COUNTY ELECTION SUPERINTENDENT; BOARD APPOINTED TO ASSUME SUPERINTENDENT'S DUTIES IN CERTAIN CIRCUMSTANCES; POLITICAL PARTY OFFICERS PROHIBITED FROM SERVING AS COUNTY ELECTION SUPERINTENDENT OR CHAIRPERSON OF BOARD ELECTIONS. Code Sections 21-2-74 and 21-2-75 Amended. Code Section 21-2-76 Enacted. No. 980 (Senate Bill No. 499). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for procedures regarding appointment of members of a board to assume the duties of the county election superintendent in certain circumstances; to provide for notice to state party executive committees regarding the need to appoint members; to provide time periods for making such appointments; to provide for appointment by the chief judge of the superior court in certain circumstances; to provide for oaths and instruction on duties; to provide for beginning and end of service; to provide for per diem; to prohibit any officer of a political party from serving as county election superintendent or chairperson of a county board of elections; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1217

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 Code Section 21-2-74, relating to the creation of a board to assume the duties of election superintendent in certain circumstances, and inserting in lieu thereof the following: 21-2-74. (a) If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election, a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state Democratic executive committee, and of an elector of the county named by the state Republican executive committee shall assume the duties of the election superintendent for any such primary or election. (b) In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee, if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult. (c) Within five days after the close of qualifying, the judge of the probate court shall notify the state Democratic and Republican party executive committees in writing of the need to appoint a member of the board. The state executive committees shall have 14 days from the close of qualifying to appoint their respective members of the board. If the state executive committee of a party has not notified the judge of the probate court of its appointment by the close of business on the fourteenth day after the close of qualifying, the judge of the probate court shall notify the chief judge of the superior court of the county. The chief judge shall appoint an elector of the county to serve on the board within seven days following the notice from the judge of the probate court. (d) The judge of the probate court shall swear in the other board members and shall instruct the other board members concerning their duties on the board. The board members shall begin service on the board on the date on which they take their oath as members of the board and shall serve until the judge of the probate court no longer has opposition or is no longer a candidate for public office. (e) Appointed board members shall receive a per diem of $55.00 per day for each day of service on the business of the board. Such fees shall be paid from county funds.

Page 1218

SECTION 2. Said title is further amended by striking in its entirety Code Section 21-2-75, relating to the ineligibility of persons holding elective public office to serve on county boards of elections, and inserting in lieu thereof the following: 21-2-75. (a) No person who holds elective public office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as a member of a county board of elections during the term of such elective office; and the position of any county board of elections member shall be deemed vacant upon such member's qualifying as a candidate for elective public office, as defined in this chapter and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state. (b) No person who holds office in a political party at any level of such political party shall be eligible to serve as chairperson of a county board of elections during the term of such political party office. On and after the effective date of this subsection, the position of any chairperson of a county board of elections shall be deemed vacant upon such chairperson's assuming a political party office. 21-2-76. No person who holds office in a political party at any level of such political party shall be eligible to serve as county election superintendent during the term of such political party office. On and after the effective date of this Code section, the position of any county election superintendent shall be deemed vacant upon such superintendent's assuming a political party office. 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 15, 1996.

Page 1219

FOOD, DRUGS, AND COSMETICS NONTRADITIONAL LIVESTOCK INCLUDING CERTAIN EVEN-TOED UNGULATES; VARIOUS RELATED REGULATORY PROVISIONS; WILD ANIMAL MEAT PROCESSING OF CERTAIN SURPLUS ANIMALS. Code Title 26, Chapter 2 Amended. Code Sections 27-5-5 and 27-5-6 Amended. No. 981 (House Bill No. 1437). AN ACT To amend the Official Code of Georgia Annotated so as to provide that certain animals are nontraditional livestock for the purposes of certain laws of this state; 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 so as to include nontraditional livestock and products thereof; to change the provisions relating to seizure and condemnation of carcasses, meat, and meat food products so as to include nontraditional livestock and the meat and products thereof; to change the provisions 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 amend the list of animals requiring a wild animal license or permit; to allow processing for meat of certain wild animals; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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), (13.1), and (20) to read as follows:

Page 1220

(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, nontraditional livestock, 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, nontraditional livestock, 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, nontraditional livestock, 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, nontraditional livestock, rabbits, and goats. (13.1) `Nontraditional livestock' means the species of Artiodactyla (even-toed ungulates) listed as antelope, bison, buffalo, catalo, elk, deer other than white-tailed deer, and water buffalo that are held and possessed legally under the wild animal provisions of Chapter 5 of Title 27. (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, nontraditional livestock, rabbits, goats, horses, mules, or other equines, except rendering conducted under inspection under Code Sections 26-2-100 through 26-2-115. SECTION 2. 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:

Page 1221

26-2-84. Whenever any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, ratites, nontraditional livestock, 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, nontraditional livestock, 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 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 3. 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, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, ratite, nontraditional livestock, 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 4. 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:

Page 1222

26-2-100. The Commissioner shall appoint, from time to time, inspectors to make examination and inspection of all cattle, sheep, swine, ratites, nontraditional livestock, 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 5. Said title is further amended by striking Code Section 26-2-100.1, relating to examinations and inspections of ratite carcasses and ratite meat and meat food products, and inserting in lieu thereof a new Code Section 26-2-100.1 to read as follows: 26-2-100.1. All examinations and inspections of ratite or nontraditional livestock carcasses and parts thereof, of ratite or nontraditional livestock meats and meat food products thereof, of sanitary conditions of all establishments in which ratite or nontraditional livestock meat and meat food products are prepared, and any other examination or inspection of ratites or nontraditional livestock 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 nontraditional livestock or preparing such meat or meat food product, at rates established by the Commissioner. SECTION 6. 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

Page 1223

inspection of all cattle, sheep, swine, ratites, nontraditional investock, 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, nontraditional livestock, 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, nontraditional livestock, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, ratites, nontraditional livestock, 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, nontraditional livestock, 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 that any cattle, sheep, swine, ratites, nontraditional livestock, 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 7. 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, nontraditional livestock, 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.

Page 1224

SECTION 8. 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, nontraditional livestock, 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 9. 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: 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, nontraditional livestock, 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 10. 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, nontraditional livestock, rabbits, goats,

Page 1225

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, nontraditional livestock, rabbits, goats, horses, mules, and other equines or the preparation of said food products is conducted during the nighttime. SECTION 11. 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, nontraditional livestock, 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; (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 12. 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

Page 1226

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, nontraditional livestock, 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 13. Said title is further amended by striking subsection (a) of Code Section 26-2-112, relating to inspection exceptions and labeling and handling of 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, nontraditional livestock, 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,

Page 1227

ratites, nontraditional livestock, 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 (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 14. 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 by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, ratites, nontraditional livestock, 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 15. Said title is further amended by striking Code Section 26-2-130, relating to buying, selling, transportation, etc., of dead, dying, disabled, or diseased

Page 1228

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, nontraditional livestock, 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 16. 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 a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, ratites, nontraditional livestock, 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 17. 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

Page 1229

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, nontraditional livestock, 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, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of such carcasses. SECTION 18. 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 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, nontraditional livestock, 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

Page 1230

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 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 19. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking subparagraph (b)(1)(Q) of Code Section 27-5-5, relating to wild animals for which a license or permit is required, and inserting in lieu thereof a new subparagraph (Q) to read as follows: (Q) Order Artiodactyla (even-toed ungulates) All species except Bison bison (buffalo) and Llama guanicoe, L. glama, and L. pacos (llamas); SECTION 20. Said title is further amended by adding a new paragraph (16) to Code Section 27-5-6, relating to the humane handling and care of wild animals, to read as follows:

Page 1231

(16) Nothing in this Code section shall prevent wild animal license or permit holders from processing for meat or meat products animals that are surplus to the primary purpose of their wild animal business. Such processing must be done in compliance with the provisions of Article 3 of Chapter 2 of Title 26, the `Georgia Meat Inspection Act.' SECTION 21. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COURTS PART-TIME JUDGES PROVIDING ASSISTANCE IN SUPERIOR COURTS; COMPENSATION; PROBATE COURT JUDGES SERVING AS MAGISTRATES OR CHIEF MAGISTRATES; COMPENSATION. Code Sections 15-1-9.1, 15-9-63, and 15-10-20 Amended. No. 982 (House Bill No. 1467). AN ACT To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, so as to provide a factor for consideration in determining reasonable compensation for part-time state court judges providing assistance in superior courts; to amend Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, and Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to change the amount of and provisions relating to the compensation for a probate court judge serving as chief magistrate or magistrate; to repeal obsolete provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting of judicial assistance from other courts, is amended by striking subsection (i) in its entirety and inserting in lieu thereof a new subsection (i) to read as follows: (i) Senior judges of the superior courts and retired judges or judges emeritus of the state courts shall receive the amount of compensation and payment for expenses as provided by Code Section 15-1-9.2. In accordance with subsection (h) of this Code section, part-time judges shall receive from state funds appropriated by the General Assembly for the operation of the superior courts for each day of service, the state

Page 1232

salary of a superior court judge divided by 235. All other judges rendering assistance in accordance with this Code section shall be entitled to actual travel and lodging expenses but shall not be entitled to any additional compensation for this assistance. SECTION 2. Article 3 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to costs and compensation for probate courts, is amended by adding a new subsection (c) to Code Section 15-9-63, relating to minimum compensation for probate court judges, to read as follows: (c) Effective January 1, 1997, in any county in which the probate judge serves as chief magistrate or magistrate, he or she shall be compensated for such services based on an annual amount of not less than 50 percent of the minimum salary for chief magistrates in the county of least population in the schedule contained in paragraph (1) of subsection (a) of Code Section 15-10-23 as now or hereafter amended. Any compensation paid under this subsection shall be paid from county funds. The county governing authority may supplement this minimum amount, but this amount shall not be decreased during any term of office in which the probate court judge serves as chief magistrate or magistrate. SECTION 3. Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, is amended by striking subsection (g) of Code Section 15-10-20, relating to the number, selection, term, and vacancies of magistrates, and inserting in lieu thereof a new subsection (g) to read as follows: (g) The General Assembly may at any time provide by local law that the probate judge shall serve as chief magistrate or magistrate and provide for compensation of the probate judge in his or her capacity as chief magistrate or magistrate; and in such a case the chief magistrate or magistrate shall not be separately elected but shall be the probate judge. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1233

CRIMINAL PROCEDURE BONDS AND RECOGNIZANCES; PRETRIAL PROCEEDINGS IN DEATH PENALTY CASES; DEPOSITIONS OF NONRESIDENT ALIENS FOR PRESERVATION OF EVIDENCE. Code Title 17 Amended. Code Section 24-10-130 Amended. No. 983 (House Bill No. 1479). AN ACT To amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to which offenses are bailable before a judge of the superior court; to amend Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, so as to change the provisions relating to the right of a person who is refused bail to have the charges against him or her heard by a grand jury within 90 days; to provide that in cases where the person is arrested for a crime for which the death penalty may be imposed, the superior court may, upon a motion of the district attorney and after a hearing and good cause shown, grant one extension not exceeding 90 days to the 90 day period before the arrested person is entitled to such right to have the charges heard by a grand jury; to change the provisions relating to when the accused shall have bail set upon application to the court when the grand jury has not considered the charges against the accused; to provide certain conditions under which a surety is not required to return to the principal the compensation received for signing the bond when the surety surrenders the defendant before final disposition of the case; to change the provisions relating to conditions not warranting forfeiture of bond for failure of the principal to appear; to authorize a surety to present a letter of intent to pay all cost of returning a principal to the jurisdiction of the court in lieu of tendering costs; to provide that, should the state fail to place a detainer after a request therefor as provided in this Act within 15 days, excluding Saturdays, Sundays, and legal holidays, and after presentation and letter of intent to pay costs, the surety shall be relieved of the liability of the appearance bond; to provide conditions under which a court shall order a remission of a portion of the amount of the bond; to amend Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, so as to provide for the preservation of evidence of nonresident aliens; to provide for repeal of such provision; 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 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking in its entirety

Page 1234

paragraph (9) of subsection (a) of Code Section 17-6-1, relating to where offenses are bailable and schedule of bails, and inserting in lieu thereof a new paragraph (9) to read as follows: (9) Manufacturing, distributing, delivering, dispensing, administering, or selling any controlled substance classified under Code Section 16-13-25 as Schedule I or under Code Section 16-13-26 as Schedule II; SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-6-54, relating to prohibition against professional bondsman or his or her agents or employees from receiving further compensation after becoming surety on a criminal bond, and inserting in lieu thereof a new subsection (a) to read as follows: (a) No professional bondsman or his or her agents or employees who receive compensation for becoming the surety on a criminal bond shall thereafter receive any other sum in the case. If the surety surrenders a defendant into the custody of the court, the sheriff, or another law enforcement officer in the jurisdiction where the bond was made before final disposition of the case, the surety is required to return to the principal the compensation received for signing the bond as surety if such surrender of the defendant is for reasons other than: (1) The defendant's arrest for a crime other than a traffic violation or misdemeanor; (2) The defendant's cosigner attests in writing the desire to be released from the bond; (3) The defendant fails to provide to the court and the surety the defendant's change of address; (4) The defendant fails to pay any fee due to the surety after being notified by certified mail that the same is past due; (5) The defendant fails to notify the court and the surety upon leaving the jurisdiction of the court; or (6) The defendant provides false information to the surety. SECTION 3. Said chapter is further amended by striking in their entirety subsections (b), (c), and (d) of Code Section 17-6-72, relating to conditions not warranting forfeiture of bond for failure to appear, and inserting in lieu thereof new subsections (b), (c), and (d) to read as follows: (b) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that the principal on the bond was prevented from attending because he or she was detained

Page 1235

by reason of arrest, sentence, or confinement in a penal institution or jail in the State of Georgia, or so detained in another jurisdiction, or because he or she was involuntarily confined or detained pursuant to court order in a mental institution in the State of Georgia or in another jurisdiction. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon the presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case, along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed on the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays, and after such presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (c) No judgment shall be rendered on a forfeiture of any appearance bond if it is shown to the satisfaction of the court that prior to the entry of the judgment on the forfeiture the principal on the bond is in the custody of the sheriff or other responsible law enforcement agency. An official written notice of the holding institution in which the principal is being detained or confined shall be considered proof of the principal's detention or confinement and such notice may be sent from the holding institution by mail or delivered by hand or by facsimile machine. Upon presentation of such written notice to the clerk of the proper court, the prosecuting attorney, and the sheriff or other law enforcement officer having jurisdiction over the case along with a letter of intent to pay all costs of returning the principal to the jurisdiction of the court, such notice and letter shall serve as the surety's request for a detainer or hold to be placed against the principal. Should there be a failure to place a detainer or hold within 15 days, excluding Saturdays, Sundays, and legal holidays, and after presentation of such notice and letter of intent to pay costs, the surety shall then be relieved of the liability for the appearance bond without further order of the court. (d) In cases in which paragraph (3) of this subsection is not applicable, on application filed within 120 days from the payment of judgment, the court shall order remission under the following conditions: (1) Provided the bond amount has been paid within 120 days after judgment and the delay has not prevented prosecution of the principal and upon application to the court with prior notice to the prosecuting attorney of such application, said court shall direct remission of 95 percent of the bond amount remitted to the surety if the surety locates the principal in the custody of the sheriff in the

Page 1236

jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehends, surrenders, or produces the principal, if the apprehension or surrender of the principal was substantially procured or caused by the surety, or if the location of the principal by the surety caused the adjudication of the principal in the jurisdiction in which the bond was made. Should the surety, within two years of the principal's failure to appear, locate the principal in the custody of the sheriff in the jurisdiction where the bond was made or in another jurisdiction causing the return of the principal to the jurisdiction where the bond was made, apprehend, surrender, or produce the principal, if the apprehension or surrender of the principal is substantially procured or caused by the surety, or if the location of the principal by the surety causes the adjudication of the principal in the jurisdiction in which the bond was made, the surety shall be entitled to a refund of 50 percent of the bond amount. The application for 50 percent remission shall be filed no later than 30 days following the expiration of the two-year period following the date of judgment; (2) Remission shall be granted upon condition of the payment of court costs and of the expenses of returning the principal to the jurisdiction by the surety; or (3) If, within 120 days after judgment, the surety surrenders the principal to the sheriff or responsible law enforcement officer, or said surrender has been denied by the sheriff or responsible law enforcement officer, or surety locates the principal in custody in another jurisdiction, the surety shall only be required to pay costs and 5 percent of the face amount of the bond, which amount includes all surcharges. If it is shown to the satisfaction of the court, by the presentation of competent evidence from the sheriff or the holding institution, that said surrender has been made or denied or that the principal is in custody in another jurisdiction or that said surrender has been made and that 5 percent of the face amount of the bond and all costs have been tendered to the sheriff, the court shall direct that the judgment be marked satisfied and that the writ of execution, fi. fa., be canceled. SECTION 4. Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to pretrial proceedings, is amended by striking in its entirety Code Section 17-7-50, relating to the right to a grand jury hearing within 90 days where bail is refused, and inserting in lieu thereof a new Code Section 17-7-50 to read as follows: 17-7-50. Any person who is arrested for a crime and who is refused bail shall, within 90 days after the date of confinement, be entitled to have the

Page 1237

charge against him or her heard by a grand jury having jurisdiction over the accused person; provided, however, that if the person is arrested for a crime for which the death penalty is being sought, the superior court may, upon motion of the district attorney for an extension and after a hearing and good cause shown, grant one extension to the 90 day period not to exceed 90 additional days; and, provided, further, that if such extension is granted by the court, the person shall not be entitled to have the charge against him or her heard by the grand jury until the expiration of such extended period. In the event no grand jury considers the charges against the accused person within the 90 day period of confinement or within the extended period of confinement where such an extension is granted by the court, the accused shall have bail set upon application to the court. SECTION 5. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows: (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; (5) Is being detained as a material witness and there are reasonable grounds to believe that the witness will flee if released from detention; or (6) Is a nonresident alien. SECTION 6. Code Section 24-10-130 of the Official Code of Georgia Annotated, relating to when depositions for preservation of evidence in criminal proceedings may be taken, is amended by striking subsection (b) in its entirety, and inserting in lieu thereof a new subsection (b) to read as follows: (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

Page 1238

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. SECTION 7. Sections 2 and 3 of this Act shall become effective July 1, 1996. Section 5 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6 of this Act shall become effective July 1, 1997. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. LABOR AND INDUSTRIAL RELATIONS EMPLOYEE AND EMPLOYER DEFINED. Code Section 34-1-4 Amended. No. 984 (House Bill No. 1492). AN ACT To amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions governing labor and industrial relations, so as to change certain definitions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions governing labor and industrial relations, is amended by striking Code Section 34-1-4, relating to employer immunity for

Page 1239

disclosure of information regarding employee job performance, and inserting in lieu thereof a new Code section 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 an employer described in paragraph (2) of this subsection. (2) `Employer' means any individual engaged in a business, corporation, S-corporation, limited liability corporation, partnership, limited liability partnership, sole proprietorship, association, or government entity. (b) An employer as defined in subsection (a) of this Code section or any person employed by an employer and designated as the employer's representative who discloses factual 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 confidential according to applicable federal, state, or local statute, rule, or regulation. 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 15, 1996. PROFESSIONS AND BUSINESSES BARBERS AND COSMETOLOGISTS; EXEMPTION FROM REGULATION FOR PROGRAMS OFFERED BY PUBLIC TECHNICAL INSTITUTES; LICENSING OF STUDENTS AND FACULTY. Code Title 43 Amended. No. 985 (House Bill No. 1582). AN ACT To amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, so as to exempt from regulation by the State Board of

Page 1240

Barbers barber programs offered by public technical institutes; to allow barber students and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other barber schools; to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to exempt from regulation by the State Board of Cosmetology cosmetology programs offered by public technical institutes; to allow cosmetology students and faculty of public technical institutes to acquire licenses under the same conditions as students and faculty of other cosmetology schools; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to barbers, is amended by striking paragraph (4) of Code Section 43-7-3, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) `Barber school' means any premises, not operated as part of the public school system of this state, where barbering is taught for a fee or other compensation. Technical institutes whose programs have been approved by the Department of Technical and Adult Education are not `barber schools' within the meaning of this chapter. SECTION 2. Said chapter is further amended by striking paragraph (3) of subsection (a) of Code Section 43-7-11, relating to requirements for license to practice barbering, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) Has completed a prescribed course of study of at least 1,500 hours in a licensed or approved barber school or in a program approved by the Department of Technical and Adult Education or has served as an apprentice in a barbershop for 3,000 hours under the supervision of a master barber; and SECTION 3. Said chapter is further amended by striking Code Section 43-7-13, relating to requirements for a license to teach barbering, and inserting in lieu thereof a new Code Section 43-7-13 to read as follows: 43-7-13. A license to teach barbering shall be issued to any person who: (1) Is a high school graduate or its equivalent; (2) Reserved;

Page 1241

(3) Has completed a teacher's training course as prescribed by the board which requires 750 hours from a board approved school or from a program approved by the Department of Technical and Adult Education; and (4) Satisfactorily passes a written and practical examination prepared or approved by the board. SECTION 4. Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, is amended by striking paragraphs (8), (9), and (10) of Code Section 43-10-1, relating to definitions, and inserting in lieu thereof the following: (8) `School of cosmetology' means any establishment that receives compensation for training more than one person in the occupation of cosmetology as defined in paragraph (4) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education are not `schools of cosmetology' within the meaning of this chapter. (9) `School of esthetics' means any establishment that receives compensation for training more than one person in the occupation of esthetics as defined in paragraph (5) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education are not `schools of esthetics' within the meaning of this chapter. (10) `School of nail care' means any establishment that receives compensation for training more than one person in the occupation of nail care or manicuring as defined in paragraph (6) of this Code section. Technical institutes whose programs have been approved by the Department of Technical and Adult Education are not `schools of nail care' within the meaning of this chapter. SECTION 5. Said chapter is further amended by striking subsection (g) of Code Section 43-10-9, relating to application for a certificate of registration, and inserting in lieu thereof the following: (g) Nothing in this Code section shall be construed as preventing a person from obtaining a certificate of registration for the occupation of cosmetology, at the master level, the esthetician level, or the manicurist level if such person obtains his or her credit hour study at a State Board of Education approved school or a technical institute under the jurisdiction of the Department of Technical and Adult Education rather than at a board approved school.

Page 1242

SECTION 6. Said chapter is further amended by striking paragraph (1) of subsection (e) of Code Section 43-10-12, relating to regulation and permits for schools, and inserting in lieu thereof a new paragraph (1) to read as follows: (e)(1) All teachers or instructors shall devote their entire time to instruction of students. Any person desiring to teach or instruct in any school of cosmetology, school of esthetics, or school of nail care shall first file his or her application with the joint-secretary for a license therefor and shall pay an examination fee in such amount as shall be set by the board by regulation. A person desiring to teach at the master level shall satisfy the board that he or she holds a current cosmetology license at the master level and a diploma or certificate of 1,500 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education, is a high school graduate, and has one year's instructor training in a registered school of cosmetology or a technical school under the jurisdiction of the Department of Technical and Adult Education. A person desiring to teach at the esthetician level shall satisfy the board that he or she holds a current cosmetology license at the esthetician or master level and a diploma or certificate of at least 750 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education, is a high school graduate, and has nine months' instructor training in a registered school of esthetics, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education. A person desiring to teach at the manicurist level shall satisfy the board that he or she holds a current cosmetology license at the manicurist or master level and a diploma or certificate of at least 320 credit hours from a board approved school or a program approved by the Department of Technical and Adult Education, is a high school graduate, and has six months' instructor training in a registered school of nail care, school of cosmetology, or a technical school under the jurisdiction of the Department of Technical and Adult Education. Such person shall also pass an examination at the appropriate level of instruction satisfactory to the board and, upon passage thereof, shall receive a license to teach cosmetology at the appropriate level. Any person who has actively engaged in the practice of esthetics or nail care for five years prior to July 1, 1985, shall be able to stand for examination to be licensed to teach at the appropriate level without meeting the credit hour and instructor training requirements, provided that such person holds a current license at the esthetician, manicurist, or master level, is a high school graduate or its equivalent, submits proper application and

Page 1243

proof satisfactory to the board, and has paid or pays the required fees prior to November 1, 1985. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. HEALTH DEATH OF PATIENT IN NURSING HOME; PRONOUNCEMENT OF DEATH BY PHYSICIAN'S ASSISTANT OR REGISTERED NURSE UNDER CERTAIN CIRCUMSTANCES. Code Section 31-7-16 Enacted. No. 986 (House Bill No. 1655). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to provide under certain circumstances for the pronouncement of death by registered nurses and physician's assistants practicing in nursing homes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, is amended by adding a new Code Section 31-7-16 to read as follows: 31-7-16. When a patient dies in any facility classified as a nursing home by the department and operating under a permit issued by the department, a physician's assistant or a registered professional nurse licensed in this state and employed by such nursing home at the time of apparent death of such person, in the absence of a physician, may make the determination and pronouncement of the death of said patient; provided, however, that, when said patient is a registered organ donor, only a physician may make the determination or pronouncement of death; provided, further, that when it appears that a patient died from other than natural causes, only a physician may make the determination or pronouncement of death. Such determination or pronouncement shall be made in writing on a form approved by the department. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1244

RETIREMENT AND PENSIONS REGENTS RETIREMENT PLAN; EMPLOYER'S CONTRIBUTION CHANGED; ACTUARIAL STUDY DATE. Code Sections 47-21-4 and 47-21-8 Amended. No. 994 (House Bill No. 173). AN ACT To amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, so as to change the employer's contribution; to extend the date a certain acturial study is due; to provide for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the regents retirement plan, is amended by striking in its entirety subsection (b) of Code Section 47-21-4, relating to employee and other contributions under the regents retirement plan, and inserting in lieu thereof the following: (b)(1) The University System of Georgia shall contribute to the optional retirement plan on behalf of each participating employee the following: (1) Prior to January 1, 1997, an amount equal to 4 percent of the participating employee's earnable compensation; and (2) On and after January 1, 1997, an amount equal to the normal cost contribution determined by the board of trustees in accordance with the provisions of Code Section 47-3-48. The provisions of this subsection are subject to subsequent legislation; provided, however, that such legislation shall not provide for a rate of contribution lower than 4 percent. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 47-21-8, relating to an actuarial study by the state auditor, and inserting in lieu thereof the following: 47-21-8. By not later than January 1, 2000, the state auditor shall have an actuarial study completed to determine what effect the optional retirement plan provided for in this chapter has had on the Teachers Retirement System

Page 1245

of Georgia. The results of such study shall be reported to the General Assembly at the 2000 regular session. SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. RETIREMENT AND PENSIONS SUPERIOR COURT JUDGES RETIREMENT SYSTEM; CREDIT FOR PRIOR SERVICE AS JUVENILE COURT JUDGE; REQUIREMENTS; LIMITATIONS. Code Section 47-9-41.1 Amended. No. 995 (House Bill No. 213). AN ACT To amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System, so as to authorize creditable service for certain prior service; to provide requirements relative thereto; to provide limitations on such creditable service; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the Act Creating the Superior Court Judges Retirement System, is amended by striking in its entirety Code Section 47-9-41.1, relating to creditable service for service as a state court judge or solicitor, and inserting in lieu thereof the following: 47-9-41.1. (a) As used in this Code section, the term `prior service' means: (1) Holding office as a state court judge whether or not such member participated in a retirement fund;

Page 1246

(2) Holding office as a juvenile court judge whether or not such member participated in a retirement fund; or (3) Holding office as a state court solicitor while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title. (b) A member of the retirement system may receive creditable service for prior service pursuant to the provisions of this Code section. (c)(1) For a member who is a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions made to such fund by or on behalf of such member during service as a state court judge or solicitor plus interest on such amount at the rate of 6 percent per annum compounded annually from the date of termination of service as a state court judge, juvenile court judge, or solicitor to the date of payment. (2) For any member other than a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions which would have been made by or on behalf of such member to the Trial Judges and Solicitors Retirement Fund as if such member was a member of such fund for a period corresponding to such member's service as a state court judge, juvenile court judge, or solicitor together with 6 percent interest thereon compounded annually. (d) For a member who at the time of service as a state court judge, juvenile court judge, or solicitor was a member of the Trial Judges and Solicitors Retirement Fund, the following shall be applicable: (1) For a member who has not withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement Fund to the fund provided for in this chapter; and (2) For a member who has withdrawn contributions from the Trial Judges and Solicitors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows: (A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions plus interest thereon shall be transferred from the Trial Judges and Solicitors Retirement Fund to the retirement fund provided for in this chapter; and (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred

Page 1247

under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (e) For a member who was at the time of service as a state court judge, juvenile court judge, or solicitor a member of any retirement fund other than the Trial Judges and Solicitors Retirement Fund, the following shall be applicable: (1) For any such member who has not withdrawn contributions from such fund, all employer and employee contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred to the fund provided for in this chapter. Such member shall pay any remaining sums required by subsection (c) of this Code section or shall be entitled to receive any sums so transferred which exceed the sums required by subsection (c) of this Code section; and (2) For any such member who has withdrawn contributions from such fund, the amount provided for in subsection (c) of this Code section shall be paid as follows: (A) That portion of the amount provided for in subsection (c) of this Code section which is attributable to employer contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred from such fund to the retirement fund provided for in this chapter; and (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (f) A member who at the time of service as a state court judge or juvenile court judge was not a member of any retirement fund shall pay to the fund provided for in this chapter the entire amount provided for in subsection (c) of this Code section. (g) Except as provided in Code Section 47-9-77, no member who receives or who is or will become entitled to receive any annuity or pension or retirement benefit from any other source, except social security, for prior service as defined by subsection (a) of this Code section shall be eligible to obtain creditable service under this Code section. (h) A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or payment of the amounts provided for

Page 1248

in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records. (i) Any other provision of this Code section to the contrary notwithstanding, creditable service obtained for prior service as a juvenile court judge shall not be used for purposes of vesting for benefits. One year of such creditable service may be obtained for each three years of actual service as a superior court judge up to a maximum of five years of such creditable service. SECTION 2. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. RETIREMENT AND PENSIONS EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; OPTIONAL RETIREMENT ALLOWANCES; DEPENDENT CHILDREN. Code Section 47-2-121 Amended. No. 996 (House Bill No. 244). AN ACT To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide for additional optional retirement allowances in cases where a dependent child is the person designated to receive all amounts and benefits upon the death of the retired member and such dependent child predeceases the retired member; to provide for the payment of the maximum retirement allowance upon the death of the dependent child when a certain option has been elected; to provide that when a dependent child who is a designated beneficiary predeceases a retired member and the retired member is married or subsequently marries, the option applicable to the former dependent child may be reestablished on behalf of the new spouse; to provide for applicability; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes.

Page 1249

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by striking subsection (e.1) in its entirety and inserting in lieu thereof a new subsection (e.1) to read as follows: (e.1) When option two or three is elected and the spouse or child of the retired member who qualifies as a dependent under the Internal Revenue Code of 1986 is the person designated to receive all amounts and benefits upon the death of the retired member, option five shall consist of the added provision that in the event the spouse or dependent child predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse or dependent child shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. SECTION 2. Said Code section is further amended by adding between subsections (e.2) and (f) a new subsection (e.3) to read as follows: (e.3)(1) As used in this subsection, the term `retired member' means a person retired under this chapter who elected an optional allowance under this Code section with a child who qualifies as a dependent under the Internal Revenue Code of 1986 designated as the person to receive all amounts upon the death of the retired member. (2) In the event a designated dependent child predeceases a retired member and the retired member is married or subsequently marries, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and reestablish on behalf of the spouse the same option which was applicable to the deceased dependent child, but such option on behalf of the spouse may not be reestablished until one year after the date of the death of the dependent child or, in the case of the remarriage of the retired member, one year after the date the retired member remarries. (3) This subsection applies to retired members who retired at any time prior to July 1, 1996, as well as to those who retire on or after that date. SECTION 3. This Act shall become effective on July 1, 1996, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be

Page 1250

automatically repealed in its entirety on July 1, 1996, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; REVOCATION; DESTRUCTION; EXAMINATION OF APPLICANTS; ISSUANCE; FINGERPRINTING OF APPLICANTS; DEFACEMENT OF SEIZED LICENSE; IMPROPER OR FRAUDULENT OBTAINMENT OR USE; CONTENTS; IDENTIFICATION CARDS. Code Title 40, Chapter 5 Amended. No. 997 (House Bill No. 256). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to define a term relating to revocation of habitual violators' licenses; to provide for destruction of old licenses; to change certain provisions relating to examination of driver's license applicants; to change certain provisions relating to issuance of licenses; to provide for fingerprinting of applicants by means of an inkless fingerprint scanning device; to change procedures for issuance of replacement licenses and permits; to prohibit the stapling, defacing, or altering of a driver's license which has been seized by a law enforcement officer upon a person being charged with a violation of the law relating to the operation of motor vehicles; to provide sanctions for making false statements in application for an identification card and for use of a fraudulent identification card; to provide sanctions for certain actions involving improperly or fraudulently obtaining or using a driver's license or identification card; to change provisions relating to the contents of licenses and identification cards; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding after paragraph (16) of Code Section 40-5-1, relating to definitions, a new paragraph (16.1) to read as follows: (16.1) `Singularly or in combination' means that the department, in determining whether or not a person's license or privilege to operate

Page 1251

a motor vehicle on the public highways is to be revoked as a habitual violator, is to treat each charge for which a conviction was obtained as a separate transaction when determining whether or not a person has the requisite convictions which mandate such a revocation. SECTION 2. Said chapter is further amended by striking subsection (c) of Code Section 40-5-20, relating to the requirement of a license, surrender of a prior license, and prohibition of local licenses and inserting in lieu thereof a new subsection (c) to read as follows: (c) No person shall receive a driver's license unless and until such person surrenders to the department all valid licenses in such person's possession issued to him or her by this or any other jurisdiction. All surrendered licenses issued by another jurisdiction shall be destroyed. The license information shall be forwarded to the previous jurisdiction. No person shall be permitted to have more than one valid driver's license at any time. SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-27, relating to examination of driver's license applicants, and inserting in lieu thereof a new subsection (a) to read as follows: (a) The department shall examine every applicant for a driver's license. Such examination shall include a test of the applicant's eyesight, his or her ability to understand official traffic-control devices, and his or her knowledge of safe driving practices and the traffic laws of this state and may include an actual demonstration of ability to exercise ordinary and reasonable control in the operation of a motor vehicle of the type or general class of vehicles he or she desires a license to drive. Applicants with valid and current licenses issued by another state of the United States or the District of Columbia who surrender their previous licenses to obtain a Georgia license shall be exempt from taking such tests other than tests of eyesight. The examination may also include such further physical and mental examination as the department finds necessary to determine the applicant's fitness to operate a motor vehicle safely upon the highways. The commissioner may establish by rules and regulations the type of tests or demonstrations to be made by applicants for any class of license. SECTION 4. Said chapter is further amended by striking Code Section 40-5-28, relating to issuance of licenses, and inserting in lieu thereof a new Code Section 40-5-28 to read as follows:

Page 1252

40-5-28. The department shall, upon payment of the required fee, issue to every applicant qualifying therefor a driver's license indicating the type or general class of vehicles the licensee may drive, which license shall be upon a form prescribed by the department and which shall bear thereon a distinguishing number assigned to the licensee, a color photograph of the licensee, the licensee's full name, either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with a pen and ink immediately upon receipt of the license, and such other information or identification as is required by the department. No license shall be valid until it has been so signed by the licensee. Specifically but without limitation, the department may require applicants to submit fingerprints by means of an inkless fingerprint scanning device upon application. SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-31, relating to replacement of lost or destroyed licenses, and inserting in its place a new subsection (b) to read as follows: (b) The department shall issue a temporary permit or driver's license to each individual who has lost by misplacement, and not by revocation or suspension, his instruction permit or driver's license and who has made application under oath on a form furnished by the department which states that the applicant presently has a valid permit or license which has been lost or misplaced. SECTION 6. Said chapter is further is amended by adding following Code Section 40-5-73 a new Code Section 40-5-74 to read as follows: 40-5-74. Whenever a person is charged with a violation of the law relating to the operation of motor vehicles resulting in the person's driver's license being seized by a law enforcement officer and forwarded to the court having jurisdiction of the offense or whenever a person is convicted of any offense resulting in the person's driver's license being suspended and forwarded to the department, such driver's license shall not be stapled to any document or in any manner defaced or altered so as to indicate at any time in the future such previous seizure and processing of the license. SECTION 7. Said chapter is further amended by striking subsection (a) of Code Section 40-5-100, relating to issuance of identification cards, and inserting in its place a new subsection to read as follows:

Page 1253

(a) The Department of Public Safety shall issue personal identification cards to all residents as defined in Code Section 40-5-1 who make application to the department in accordance with rules and regulations prescribed by the Board of Public Safety. Cards issued to applicants under 21 years of age shall contain the distinctive characteristics of drivers' licenses issued pursuant to Code Section 40-5-26. The identification card shall be similar in form but distinguishable in color from motor vehicle drivers' licenses and may contain a recent color photograph of the applicant and include the following information: (1) Full legal name; (2) Address of residence; (3) Birth date; (4) Date identification card was issued; (5) Sex; (6) Height; (7) Weight; (8) Eye color; (9) Location where the identification card was issued; (10) Signature of person identified or facsimile thereof; (11) Fingerprint of the person identified; and (12) Such other information or identification as required by the department. SECTION 8. Said chapter is further amended by striking Code Section 40-5-125, relating to the use of a false name in an application for a driver's license, and inserting in lieu thereof a new Code Section 40-5-125 to read as follows: 40-5-125. It is a misdemeanor for any person to: (1) Display, cause or permit to be displayed, or have in his or her possession any fictitious, fraudulent, or altered driver's license or identification card; (2) Use a false or fictitious name or provide any other false information in any application for a driver's license or identification card; (3) Procure, secure, or assist another person in the procuring or securing of a fraudulent driver's license or identification card;

Page 1254

(4) Alter any driver's license or identification card such that the information on the license is false or fictitious; (5) Sell or deliver any false, fictitious, or altered driver's license or identification card; (6) Lend his or her driver's license or identification card to any other person or permit knowingly the use thereof by another person; (7) Display or represent as his or her own any driver's license or identification card not issued to him or her; or (8) Conceal a material fact in any application for a driver's license and identification card. Any employee of the Department of Public Safety who knowingly violates and is convicted of violating this Code section shall also be guilty of the offense of violating his or her public position and, upon conviction, shall be punished as for such separate and additional violation. SECTION 9. Said chapter is further amended by striking subsection (c) of Code Section 40-5-150, relating to contents, classifications, endorsement, restriction, expiration, and renewal of licenses, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Commercial driver's licenses may be issued with the following endorsements and restrictions: (1) `H' Authorizes the driver to drive a vehicle transporting hazardous materials; (2) `L' Restricts the driver to vehicles not equipped with air brakes; (3) `T' Authorizes driving double and triple trailers; (4) `P' Authorizes driving vehicles carrying 16 or more passengers, including the driver; (5) `N' Authorizes driving tank vehicles; and (6) `X' Represents a combination of hazardous materials and tank vehicle endorsements. The fee for Classes A, B, C, M, and P licenses and for the endorsements and restrictions shall be as provided in Code Section 40-5-25. SECTION 10. Said chapter is further amended by striking subsection (a) of Code Section 40-5-171, relating to identification cards for persons with disabilities, and inserting in its place a new subsection to read as follows:

Page 1255

(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, may 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) Location where the identification card was issued; (11) Signature of person identified or facsimile thereof; (12) Fingerprint of person identified; and (13) Such other information as required by the department. SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES NURSING HOME ADMINISTRATORS; PROVISIONAL LICENSES FOR ADMINISTRATORS LICENSED BY OTHER STATES OR CERTIFIED BY NATIONAL ORGANIZATIONS. Code Section 43-27-7 Amended. No. 998 (House Bill No. 280). AN ACT To amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, so as to change the

Page 1256

provisions governing the issuance of a provisional license to a nursing home administrator licensed by an entity other than the State of Georgia; 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 27 of Title 43 of the Official Code of Georgia Annotated, relating to nursing home administrators, is amended by striking Code Section 43-27-7, relating to reciprocity, and inserting in lieu thereof a new Code Section 43-27-7 to read as follows: 43-27-7. (a) The board, in its discretion and otherwise subject to this chapter and the rules and regulations of the board promulgated under this chapter prescribing the qualifications for a nursing home administrator license, may issue a license to a nursing home administrator who has been issued a license by the proper authorities of any state or issued a certificate of qualification by any national organization, upon payment of a fee to be fixed by the board and upon submission of evidence satisfactory to the board that such other state or national organization maintains a system and standard of qualifications and examinations for a nursing home administrator license or certificate which is substantially equivalent to those required in this state. (b) An applicant for licensure who meets the qualifications of subsection (a) of this Code section may be issued a provisional license by the board to practice as a nursing home administrator which shall be valid until the results of any examination required by the board and for which the applicant is scheduled to take are released. An applicant who has been issued a provisional license will be scheduled by the board to take the first available examination. If the applicant passes the examination, the provisional license shall be valid until the permanent license is issued. If the applicant fails to appear for the examination or if the applicant fails the examination, the provisional license shall become invalid immediately. The board may authorize the issuance of a second provisional license only to an applicant who provides just cause to the board as to why the applicant was unable to appear for the examination. SECTION 2. This Act shall become effective on July 1, 1996. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1257

CRIMINAL PROCEDURE CERTAIN JUDICIAL MODIFICATION OF SENTENCES AND IMPOSITION OF PAYMENTS PROHIBITED. Code Section 17-10-1 Amended. No. 999 (House Bill No. 315). AN ACT To amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to procedures for the fixing, suspension, and probation of criminal sentences; so as to prohibit certain modifications of sentence and imposition of payments; 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. Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to procedures for the fixing, suspension, and probation of criminal sentences, is amended by adding in subsection (a) a new paragraph to be designated paragraph (6) to read as follows: (6)(A) Except as otherwise authorized by law, no court shall modify, suspend, probate, or alter a previously imposed sentence so as to reduce or eliminate a period of incarceration or probation and impose a financial payment which: (i) Exceeds the statutorily specified maximum fine, plus all penalties, fees, surcharges, and restitution permitted or authorized by law; or (ii) Is to be made to an entity which is not authorized by law to receive fines, penalties, fees, surcharges, or restitution. (B) The prohibitions contained in this paragraph shall apply regardless of whether a defendant consents to the modification, suspension, probation, or alteration of such defendant's sentence and the imposition of such payment. (C) Nothing in this paragraph shall prohibit or prevent a court from requiring, as a condition of suspension, modification, or probation of a sentence in a criminal case involving child abandonment, that the defendant pay all or a portion of child support which is owed to the custodial parent of a child which is the subject of such case.

Page 1258

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 15, 1996. LOCAL GOVERNMENT EXPENDITURE OF FUNDS FOR EMPLOYMENT BENEFITS BY COUNTY GOVERNING AUTHORITIES; MEMBERS OF GOVERNING AUTHORITY EXCLUDED FROM CERTAIN BENEFITS. Code Section 36-1-11.1 Amended. No. 1000 (House Bill No. 356). 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 by county governing authorities, so as to provide for the exclusion of members of a county governing authority, during the term for which elected, from the provision of certain retirement or pension benefits established and funded during such term; 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 of the Official Code of Georgia Annotated, relating to the expenditure of funds for insurance and employment benefits by county governing authorities, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 36-1-11.1 to read as follows: 36-1-11.1. (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 employment benefits for members of the county governing authority and for elected county officers and the personnel thereof, as well as for the dependents and beneficiaries of such officials and personnel; provided, however, that no member of a county governing authority may become vested in the provision of any retirement or pension benefits authorized

Page 1259

by this subsection until after the next general election in which said official stands for reelection. (b) Any prior expenditure of county funds in the manner authorized by this Code section is validated and confirmed; and no person shall be liable in any respect by reason of his or her participation in any prior provision of the benefits authorized by this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC SPECIAL LICENSE PLATES FOR PEARL HARBOR VETERANS; REPEAL OF PROVISIONS FOR ADDITIONAL ANNUAL FEES. Code Section 40-2-85 Amended. No. 1001 (House Bill No. 522). AN ACT To amend Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to license plates for veterans who survived the attack on Pearl Harbor, so as to repeal certain provisions relating to additional annual registration fees required for the issuance of such 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. Code Section 40-2-85 of the Official Code of Georgia Annotated, relating to license plates for veterans who survived the attack on Pearl Harbor, is amended by striking subsection (e) in its entirety and inserting in lieu thereof a new subsection (e) to read as follows: (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. SECTION 2. This Act shall become effective December 31, 1995. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1260

REVENUE AND TAXATION MOTOR VEHICLE AD VALOREM TAXATION; EXEMPTION FOR CERTAIN VANS AND BUSES OWNED BY RELIGIOUS GROUPS; REFERENDUM. Code Section 48-5-470.2 Enacted. No. 1002 (House Bill No. 756). AN ACT 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 provide for an exemption for certain vans and buses owned by religious groups; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 adding a new Code section immediately following Code Section 48-5-470.1, to be designated Code Section 48-5-470.2, to read as follows: 48-5-470.2. Vans and buses owned by religious groups and used exclusively for the purpose of maintaining and operating exempt properties owned by such groups or for the exclusive purpose of transporting individuals to religious services or trips sponsored by such religious groups designed to promote religious, educational, or charitable purposes and not for the purposes of producing private or corporate profit and income distributable to shareholders in corporations owning such property or to other owners of such property or for any private purposes are exempted from any and all ad valorem taxes imposed by any tax jurisdiction in this state. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 1996, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

Page 1261

() YES Shall the Act be approved which provides for an exemption from ad valorem taxes for certain vans and buses owned by religious groups? () NO 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, Section 1 of this Act shall become of full force and effect on January 1, 1997, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 3. Except as 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 15, 1996. PROFESSIONS AND BUSINESSES GEORGIA CHARITABLE SOLICITATIONS ACT OF 1988 AMENDED; SOLICITATION BY PAID BUT UNREGISTERED SOLICITORS PROHIBITED; ACCOUNTING OF CERTAIN SOLICITATION PROCEEDS TO BE FILED WITH SECRETARY OF STATE; DIVISION DIRECTOR TO DECIDE CERTAIN CONTESTED CASES; UNLAWFUL VIOLATIONS. Code Title 43, Chapter 17 Amended. No. 1003 (House Bill No. 840). AN ACT To amend Chapter 17 of Title 43 of the Official Code of Georgia Annotated, the Georgia Charitable Solicitations Act of 1988, so as to prohibit paid solicitors from soliciting within or from the State of Georgia unless they are registered with the Secretary of State; to provide that accountings of solicitation campaigns by paid solicitors be filed with the Secretary of State; to require that an accounting of exempt solicitation proceeds for a named beneficiary be filed with the Secretary of State; to provide for and identify a division director of the Office of the Secretary of State as the ultimate decision maker in contested cases; to make it unlawful to violate any provision of said Act or any rule, regulation, or order

Page 1262

promulgated or issued thereunder; 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 17 of Title 43 of the Official Code of Georgia Annotated, the Georgia Charitable Solicitations Act of 1988, is amended by striking subsection (a) of Code Section 43-17-3, relating to the registration of paid solicitors, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) No paid solicitor shall solicit contributions on behalf of a charitable organization within or from this state, unless such paid solicitor is a registered paid solicitor pursuant to this Code section. SECTION 2. Said chapter is further amended by striking subsection (h) of Code Section 43-17-3, relating to preparation and delivery of written accounting of a solicitation campaign, in its entirety and inserting in lieu thereof a new subsection (h) to read as follows: (h) Within 90 days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the paid solicitor shall account to the charitable organization with whom it has contracted and to the Secretary of State for all contributions collected and expenses paid. The accounting shall be in writing, shall be retained by the charitable organization for three years, and shall contain the following information: (1) The total gross receipts; (2) A description of how the gross receipts were distributed, including an itemized list of all expenses, commissions, and other costs of the fundraising campaign and the net amount paid to the charitable organization for its charitable purposes after payment of all fundraising expenses, commissions, and other costs; and (3) The signature of the charitable organization and such other information as the Secretary of State by rule may require. The original of the report shall be forwarded to the charitable organization within the time prescribed above, and a copy shall be filed with the Secretary of State. SECTION 3. Said chapter is further amended by striking paragraphs (3) and (4) of subsection (a) of Code Section 43-17-9, relating to exemptions, in its

Page 1263

entirety and inserting in lieu thereof new paragraphs (3) and (4) to read as follows: (3) Fraternal, civic, benevolent, patriotic, and social organizations, when solicitation of contributions is carried on by persons for their services and is confined to their membership; (4) Persons requesting any contributions for the relief of any other individual who is specified by name at the time of the solicitation if all of the contributions collected, without any deductions whatsoever, are turned over to the named beneficiary; provided, however, that any such person who collects contributions in excess of $5,000.00 in order to claim benefit of this exemption shall file with the Secretary of State a written accounting of funds so collected on forms prescribed by the Secretary of State at the end of the first 90 days of solicitation and, thereafter, at the end of every subsequent 90 day period until said solicitation is concluded;. SECTION 4. Said chapter is further amended by striking subsection (f) of Code Section 43-17-10, relating to administration of the chapter, in its entirety and inserting in lieu thereof a new subsection (f) to read as follows: (f) The Secretary of State may delegate such of his or her powers and duties under this chapter as he or she desires to a division director in his or her office. Such division director, when duly appointed, shall be the ultimate decision maker in all contested case hearings held pursuant to Code Section 43-17-16 and the `Georgia Administrative Procedure Act.' SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-17-12, relating to prohibited acts under the Georgia Charitable Solicitations Act of 1988, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) It shall be unlawful for any person to violate any provision of this chapter or any rule, regulation, or order promulgated or issued by the Secretary of State under 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 15, 1996.

Page 1264

INSURANCE TAX EXEMPTION FOR CERTAIN INSURERS OF RISK OF PLACES OF WORSHIP. Code Section 33-8-13 Enacted. No. 1004 (House Bill No. 1130). AN ACT To amend Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance related taxes, so as to provide that certain insurance companies shall be exempt from certain taxes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 33 of the Official Code of Georgia Annotated, relating to insurance related taxes, is amended by inserting at the end thereof the following: 33-8-13. Any other provision of this chapter to the contrary notwithstanding, an insurance company exempt from federal income tax pursuant to the provisions of 26 U.S.C. Section 501(c)(3) or (4) and which only insures the risks of places of worship shall be exempt from the taxes levied upon insurance companies pursuant to Code Sections 33-8-4, 33-8-8, 33-8-8.1, and 33-8-8.2. Any insurance company desiring the exemption provided by this Code section shall present to the commissioner the certificate issued by the federal Internal Revenue Service demonstrating the company's tax exempt status and such evidence of the scope of the company's business as the commissioner shall deem necessary. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PENAL INSTITUTIONS PROVISION OF MEDICAL SERVICES TO INMATES; PAYMENT OF COSTS FOR SERVICES. Code Sections 42-4-50, 42-4-51, and 42-4-71 Amended. No. 1005 (House Bill No. 1154). AN ACT To amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to change the provisions relating to the provision

Page 1265

of medical services to inmates; to change certain definitions; to provide additional definitions; to provide that an inmate who is provided medical care and who is not eligible for health insurance benefits shall be liable for the costs of medical care provided the inmate; to provide that the assets and property of the inmate may be subject to levy and execution under court order to satisfy the costs of such medical care provided; to require an inmate to cooperate with a governing authority or be subject to certain sanctions; to authorize certain civil actions; to provide for the issuance of ex parte restraining orders to restrain defendants from disposing of property pending a hearing on the issues; to authorize the appointment of receivers for property; to require a court to consider the support obligations of the defendant inmate; to authorize the court to enter a money judgment against a defendant and to order that the defendant's property is liable for reimbursement for the cost of medical care provided to the defendant as an inmate; to provide that nothing in this Act shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate regardless of whether such individual has been convicted of a crime; to change the provisions relating to deductions of costs from an inmate's account for medical treatment requested by the inmate; 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 striking in its entirety Code Section 42-4-50, relating to definitions applicable to medical services for inmates in local detention facilities, and inserting in lieu thereof a new Code Section 42-4-50 to read as follows: 42-4-50. As used in this article, the term: (1) `Detention facility' means a municipal or county jail used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense. (2) `Governing authority' means the governing authority of the county or municipality in which the detention facility is located. (3) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense. Such term does not include any sentenced inmate who is the responsibility of the State Department of Corrections.

Page 1266

(4) `Medical care' includes medical attention, dental care, and medicine and necessary and associated costs such as transportation, guards, room, and board. (5) `Officer in charge' means the sheriff, if the detention facility is under his or her supervision, or the warden, captain, or superintendent having the supervision of any other detention facility. SECTION 2. Said title is further amended by striking in its entirety Code Section 42-4-51, relating to information as to inmate's health insurance or eligibility for benefits, and inserting in lieu thereof a new Code Section 42-4-51 to read as follows: 42-4-51. (a) The officer in charge or his or her designee may require an inmate to furnish the following information: (1) The existence of any health insurance, group health plan, or prepaid medical care coverage under which the inmate is insured; (2) The eligibility for benefits to which the inmate is entitled under Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977'; (3) The name and address of the third-party payor; and (4) The policy or other identifying number. (b) The officer in charge will provide a sick, injured, or disabled inmate access to medical services and may arrange for the inmate's health insurance carrier to pay the health care provider for the medical service rendered. (c) The liability for payment for medical care described under subsection (b) of this Code section may not be construed as requiring payment by any person or entity, except by an inmate personally or his or her carrier through coverage or benefits described under paragraph (1) of subsection (a) of this Code section. (d) If an inmate is not eligible for such health insurance benefits, then the inmate shall be liable for the costs of such medical care provided to the inmate and the assets and property of such inmate may be subject to levy and execution under court order to satisfy such costs. An inmate in a detention facility shall cooperate with the governing authority in seeking reimbursement under this article for medical care expenses incurred by the governing authority for that inmate. An inmate who willfully refuses to cooperate as provided in this Code section shall not receive or be eligible to receive any good-time allowance or other reduction of time to be served.

Page 1267

(e)(1) An attorney for a governing authority may file a civil action to seek reimbursement from an inmate for the costs of medical care provided to such inmate while incarcerated. (2) A civil action brought under this article shall be instituted in the name of the governing authority and shall state the date and place of sentence, the medical care provided to such inmate, and the amount or amounts due to the governing authority pursuant to this Code section. (3) If necessary to protect the governing authority's right to obtain reimbursement under this article against the disposition of known property, the governing authority may seek issuance of an ex parte restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement of the governing authority for the costs of medical care provided to the defendant as an inmate. (4) To protect and maintain the property pending resolution of the matter, the court, upon request, may appoint a receiver. (f) Before entering any order on behalf of the governing authority against the defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support. (g) The court may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for the costs of medical care provided to the defendant as an inmate. (h) The sentencing judge and the sheriff of any county in which a prisoner's property is located shall furnish to the attorney for the governing authority all information and assistance possible to enable the attorney to secure reimbursement for the governing authority under this article. (i) The reimbursements secured under this article shall be credited to the general fund of the governing authority to be available for general fund purposes. The treasurer of such governing authority may determine the amount due the governing authority under this article and render sworn statements thereof. These sworn statements shall be considered prima-facie evidence of the amount due. (j) Nothing in this Code section shall be construed to relieve the governing authority, governmental unit, subdivision, or agency having the physical custody of an inmate from its responsibility to pay for any medical and hospital care rendered to such inmate regardless of whether such individual has been convicted of a crime.

Page 1268

SECTION 3. Said title is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 42-4-71, relating to deductions of costs from inmate's account for destruction of property or for certain medical treatment, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that such deduction from money credited to the account of an inmate shall not exceed $5.00 for each such occurrence of treatment received by the inmate at the inmate's request; provided, further, that if the balance in an inmate's account is $10.00 or less, such fee shall not be charged; provided, however, that in the event that the costs of medical treatment of an inmate have been collected from said inmate pursuant to Code Section 42-4-51, there shall be no deductions from money credited to the account of an inmate under the provisions of this paragraph for the cost of such medical treatment. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES EXEMPTIONS FROM OCCUPATIONAL TAXES AND ADMINISTRATIVE AND REGULATORY FEES FOR DISABLED VETERANS, BLIND PERSONS, AND VENDORS UNDER CONTRACT WITH TAX-EXEMPT AGRICULTURAL FAIRS. Code Title 43, Chapter 12 Amended. Code Sections 48-13-6, 48-13-8, and 48-13-13 Amended. No. 1006 (House Bill No. 1155). AN ACT To amend Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to peddling, business operation, or professional practice by disabled veterans and blind persons, and Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, so as to provide for an exemption from occupation taxes and regulatory fees of local governments for certain disabled veterans and blind persons; to provide for exemption from occupation taxes and regulatory fees of local governments for certain vendors at nonprofit agricultural fairs; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1269

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 12 of Title 43 of the Official Code of Georgia Annotated, relating to peddling, business operation, or professional practice by disabled veterans and blind persons, is amended by striking in their entirety Code Sections 43-12-1, 43-12-2, 43-12-3, 43-12-4, 43-12-5, and 43-12-9, relating to authorization to peddle, conduct business, or practice professions without a license; qualifications; application for certificate of eligibility; description of proposed business; certificate of eligibility as evidence of right to certificate of exemption; and use of certificate of exemption by person other than holder; respectively, and inserting in lieu thereof the following Code sections: 43-12-1. Subject to the limitations provided in this chapter, the following classes of persons may peddle, conduct business, or practice the professions and semiprofessions in any county or municipality in this state without paying an occupation tax, administrative fee, or regulatory fee for the privilege of so doing, provided such person receives a certificate of exemption issued by the commissioner of veterans service: (1) Any disabled veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise; (2) Any blind person; or (3) Any veteran of peace-time service in the United States armed forces who has a physical disability incurred during the period of such service. 43-12-2. (a) No person shall be entitled to an exemption from occupation taxes, administrative fees, or regulatory fees which would otherwise be required to peddle, conduct business, or practice the professions or semiprofessions under this chapter until it has been made to appear to the issuing authority that the person making application therefor is a resident of this state and that the income of such person is such that he or she is not liable for the payment of state income taxes. (b) Blind persons must furnish satisfactory proof of their blindness to the issuing authority. (c) A war veteran must furnish satisfactory proof that he or she has a physical disability which is disabling to the extent of 10 percent or more; that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable; and that his or her service or some part thereof was rendered during a war period as

Page 1270

defined by an act of the Congress of the United States, approved March 20, 1933, entitled `An Act to Maintain the Credit of the United States,' and commonly known as Public Law No. 2, 73rd Congress; or that some part of his or her service was rendered on or after December 7, 1941, and before December 31, 1946; or that some part of his or her service was rendered on or after June 27, 1950, and before January 31, 1955; or that some part of his or her service was rendered on or after August 5, 1964, and before May 8, 1975. Proof of such 10 percent disability shall be established upon the written certificate of two physicians as to such disability, or by a letter or other written evidence from the United States Department of Veterans Affairs stating the degree of disability, or by written evidence from the branch of the armed forces of the United States in which such veteran served. (d) A veteran of peace-time service in the United States armed forces must furnish proof that he or she has a physical disability to the extent of 25 percent or more incurred in the line of duty during the period of such service by a letter or other evidence from the United States Department of Veterans Affairs stating the degree of disability or by written evidence from the branch of the armed forces of the United States in which such veteran served and that his or her service in the armed forces of the United States was terminated under conditions other than dishonorable. 43-12-3. All persons within the groups enumerated in Code Section 43-12-1 seeking a certificate of exemption from the payment of occupation taxes, administrative fees, or regulatory fees for peddling, conducting a business, or practicing a profession or semiprofession must first make application to the judge of the probate court of the county in which he or she resides for a certificate of eligibility. Each applicant shall make an affidavit before the judge of the probate court that he or she is not subject to payment of any income taxes to this state. Upon receipt of the evidence required in Code Section 43-12-2 and the execution of the affidavit required by this Code section, the judge of the probate court shall issue a certificate of eligibility stating that the applicant has furnished the proof required for the issuance of a certificate of exemption required by the commissioner of veterans service. 43-12-4. All persons eligible for a certificate of exemption to be issued by the commissioner of veterans service shall state in their application filed with the commissioner of veterans service the kind of business to be operated and the place where such business is proposed to be carried on; and only the business described in the application shall be exempt from the payment of state, county, and municipal business or occupation taxes or administrative fees and regulatory fees imposed by local governments.

Page 1271

No person shall operate in his or her own name any other business than that described in his or her application filed with the commissioner of veterans service. 43-12-5. The certificates of eligibility issued by any of the judges of the probate courts of this state shall be prima-facie evidence of the right of the holder thereof to a certificate of exemption to be issued by the commissioner of veterans service. However, the commissioner of veterans service may require additional proof when such commissioner has reason to believe that any applicant is not entitled to the exemptions provided for in this chapter. The commissioner of veterans service shall make and prescribe reasonable rules and regulations not inconsistent with this chapter governing the issuance of certificates of exemption. 43-12-9. No person receiving a certificate of exemption from the commissioner of veterans service shall allow the use of his or her name or the use of his or her certificate by any other person for carrying on any business or profession in this state for the purpose of avoiding any tax levied by the state or any county or municipality in this state. Any person allowing his or her certificate of exemption to be used in violation of this Code section shall be subject to having his or her certificate canceled by the commissioner of veterans service. Any person attempting to operate any business or profession under a certificate of exemption issued under this chapter who is not the true and lawful holder of such certificate shall be guilty of a misdemeanor. SECTION 2. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupational taxes, is amended by striking in their entirety Code Sections 48-13-6, relating to occupation taxes, and 48-13-8, relating to regulatory fees, and inserting in lieu thereof the following Code sections: 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 and except as to those persons excluded by Code Section 43-12-1, 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 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 paractitioners

Page 1272

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 and except as to those persons excluded by Code Section 43-12-1, 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 April 11, 1995, any local government shall conduct at least one public hearing before adopting any ordinance or resolution regarding the occupation tax. 48-13-8. (a) Except as to those persons excluded by Code Section 43-12-1, 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 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

Page 1273

a classification is prohibited. This article supersedes any provision of local law authorizing such regulatory fees. (b) Except as to those persons excluded by Code Section 43-12-1, 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. SECTION 3. Said chapter is further amended by striking in its entirety paragraph (5) of Code Section 48-13-13, relating to prohibitions on occupation tax levies by local governments, and inserting in lieu thereof a new paragraph (5) to read as follows: (5) Levy any occupation tax, regulatory fee, or administrative fee on any state or local authority, nonprofit organization, or vendor operating under a contract with a tax-exempt agricultural fair, as that term is defined in O.C.G.A. 2-2-8. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. WATERS OF THE STATE, PORTS, AND WATERCRAFT PERSONAL FLOTATION DEVICE REQUIREMENTS; REGULATION AND RESTRICTION OF VESSEL OPERATION AND RECREATIONAL ACTIVITIES ON PUBLIC WATERS OF THE STATE. Code Sections 52-7-8 and 52-7-20 Amended. No. 1007 (House Bill No. 1160). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that certain vessels shall be equipped with certain types of life preservers; to provide that it shall be unlawful for any person to operate a moving vessel with a child under a

Page 1274

certain age aboard unless the child is wearing a personal flotation device; to provide for an exception; to provide that the Department of Natural Resources may regulate and restrict vessel operation and recreational activities on the waters of this state; to provide for the placement of certain signs and markers; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 52-7-8, relating to the classification of vessels and required equipment, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (d) Lifesaving devices. (1) Every vessel shall be equipped with and carry aboard, at all times, at least one Type I, II, III, or V (hybrid) personal flotation device for each person on board; provided, however, Type V (hybrid) devices are acceptable only when worn and securely fastened. In addition to the individual personal flotation device, each vessel, except for personal watercraft, as such term is defined in subsection (a) of Code Section 52-7-8.2, must at all times be equipped with at least one Type IV (throwable) device. (2) No person may use a vessel upon the waters of this state unless the personal flotation devices as required in paragraph (1) of this subsection are readily accessible to the occupants of the vessel, are in good and serviceable condition, are legibly marked with the United States Coast Guard approved number, and are of an appropriate size for the occupants of the vessel for whom they are intended; provided, however, that provisions of this subsection shall not apply to racing sculls, racing shells, and racing sweeps. (3) No person shall operate a moving vessel upon the waters of this state with a child under age ten on board such vessel unless the child is wearing an appropriately sized personal flotation device, as required by this subsection to be on board the vessel. This requirement shall not apply when the child is within a fully enclosed roofed cabin or other fully enclosed roofed compartment or structure on the vessel. SECTION 2. Said article is further amended by striking in its entirety Code Section 52-7-20, relating to the operation of vessels in the vicinity of regulatory markers and related matters, and inserting in lieu thereof the following: 52-7-20. (a) As used in this Code section, the term: (1) `Aids to navigation' means buoys, beacons, or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.

Page 1275

(2) `Regulatory markers' means any anchored or fixed marker in or on the water or any sign on the shore or on a bridge over the water other than aids to navigation and shall include, but not be limited to, bathing markers, speed zone markers, information markers, danger zone markers, boat keep-out area markers, and mooring buoys. (b) It shall be unlawful to operate a power boat, except at an idle speed, or to create a wake in the vicinity of those marinas, bridges, public access ramps, and blind points which are identified by appropriate signs and markers which conform to the system of aids to navigation prescribed by the United States Coast Guard and to the system of uniform waterway markers approved by the Advisory Panel of State Officials to the Merchant Marine Council or on any portion of the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge which the department so marks as being so restricted. (c) It shall be unlawful to tow a person on water skis, aquaplanes, surfboards, or any similar device or to manipulate any such device on any public waters of the state which the commissioner has designated as a hazardous area or on the Chattahoochee River between the Morgan Falls Dam and the Georgia Highway 400 bridge in any area identified by regulatory markers as a no ski area. (d) The commissioner is authorized to regulate and restrict vessel operation and other recreational water related activities on the public waters of the state. The Department of Natural Resources is authorized to place or designate the placement of signs and markers so as to identify the areas restricted by this Code section. (e) No city, county, or individual may attempt to regulate the public waters of this state by use of the above-mentioned signs and markers without the express written permission of the commissioner of natural resources. (f) The operation of any vessel within prohibited areas that are marked shall be prima-facie evidence of negligent operation. (g) It shall be unlawful for a person to operate a vessel on the waters of this state in a manner other than that prescribed or permitted by regulatory markers. (h) No person shall moor or fasten a vessel to or willfully damage, tamper, remove, obstruct, or interfere with any aid to navigation or regulatory marker established pursuant to this Code section. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1276

WATERS OF THE STATE, PORTS, AND WATERCRAFT REGISTRATION OF VESSELS; PRIVATE REGISTRATION AGENTS' FEES. Code Section 52-7-5 Amended. No. 1008 (House Bill No. 1161). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, so as to provide that private agents for vessel registration may charge a certain fee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to the registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-5, relating to the numbering of vessels, generally, and inserting in lieu thereof the following: 52-7-5. (a) The owner of each vessel required to be numbered by this article shall file an application for number with the department on forms approved by it. Upon receipt of the application in approved form, the department shall enter the application upon its records and issue to the applicant a certificate of number stating the number assigned to the vessel, the name and address of the owner, and such additional information as may be prescribed by the department. (b)(1) The identification number assigned to all registered vessels, except those documented by the United States Coast Guard, must be permanently painted or attached to each side of the forward half of the vessel, and no other number may be displayed thereon. Numbers must read from left to right, be in block characters, be of a color contrasting with the background, and be not less than three inches in height nor more than one inch apart. There shall be a hyphen or space between the prefix letters and numerals and between the numerals and the suffix letters. The hyphen or space shall be equal to the width of any letter except I. (2) On vessels so configured that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate that is attached to the forward half of the

Page 1277

vessel so that the number will be clearly visible under normal operating conditions. (3) The numbers shall be maintained in a legible condition. (4) Vessels owned by manufacturers or dealers and being used as demonstrators or for testing may use the dealer's tag supplied with his or her registration in lieu of a permanently attached number. (5) The decals assigned to all registered vessels must be displayed one on each side of the bow preceding the prefix letters. There shall be a hyphen or space separating each decal and the prefix letters. The hyphen or space shall be equal to the width of any letter except I. (c) Applications shall be signed by the owner or owners of the vessel and shall be accompanied by the proper fee. Fees for numbering vessels for a registration period of three years shall be as follows: (1) Vessels up to 16 feet in length $ 15.00 (2) Vessels 16 to 26 feet in length 36.00 (3) Vessels 26 to 40 feet in length 90.00 (4) Vessels 40 feet in length or longer 150.00 (d) Change of ownership. (1) Should the ownership of a numbered vessel change while the registration is in effect, a new application form with a transfer fee of $3.00 shall be filed with the department, and a new certificate of number shall be issued to the new owner in the same manner as provided for in the original assignment of number. The number assigned shall be identical with the previous one. The year of expiration shall remain the same and the date of expiration shall be determined by the date of birth of the new owner. (2) Should the transfer occur in the year of expiration after the month of the new owner's birth, the prescribed fee for the three-year registration must accompany the application form and the $3.00 transfer fee. (3) Should the ownership of a numbered vessel change after the registration has lapsed, a new application form with the prescribed fee for the three-year registration shall be filed with the department. A new certificate shall be issued to the new owner. Upon receipt by the department of a specific request from the new owner and payment of a fee of $3.00, the number assigned shall be identical with the previous one unless it has been reassigned during the lapsed period. If the number has been reassigned during the lapsed period, the new owner's fee shall be returned with the new certificate of registration.

Page 1278

(e) In the event that an agency of the United States government shall have in force an overall system of identification (numbering) for vessels within the United States, the numbering system employed pursuant to this article by the department shall be in conformity therewith. (f) The department may issue any certificate of number directly or may authorize any person to act as agent for the issuing thereof. In the event that a person accepts such authorization, he may be allotted a block of numbers and certificates therefor which, upon assignment and issue in conformity with this article and with any rules and regulations of the department, shall be valid as if assigned and issued directly by the department. Any person acting as agent for the department may charge a fee for his or her services in an amount approved by the department not to exceed $10.00 per transaction. (g) All records of the department made or kept pursuant to this Code section shall be public records. (h) After March 3, 1981, every certificate of number issued to previously unregistered vessels pursuant to this article shall continue in full force and effect for a period of three years unless sooner terminated or discontinued in accordance with this article. Certificates of number may be renewed by the owner in the same manner provided for in the initial securing of the certificates. (i)(1) Beginning in 1974, the certificate of number of all vessels owned by individuals shall expire on the last day of the month of the owner's birth in the last year of the registration period and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this article. (2) The certificate of number of all vessels owned by other than individuals shall expire on December 31 of the last year of the registration period and after that date shall lapse and no longer be of any force and effect unless renewed pursuant to this article. (3) Registrations may be renewed 60 days prior to the last day of the month of the owner's birth in the year of expiration. (j) The owner shall furnish the department written notice of the transfer of all or of any part of his or her interest, other than the creation of a security interest, in a vessel numbered in this state pursuant to this Code section, the theft or recovery of the vessel, or the destruction or abandonment of the vessel within 15 days thereof. (k) Any holder of a certificate of number shall notify the department in writing within 15 days if his or her address no longer conforms to the address appearing on the certificate and shall, as a part of such notification, furnish the department with his or her new address.

Page 1279

(l) No number other than the number validly assigned to a vessel shall be painted, attached, or otherwise displayed on either side of the forward half of the vessel. (m)(1) A certificate of number once issued pursuant to this Code section shall be considered void upon the happening of any one of the following events: (A) The owner transfers all his or her interest in said vessel to another person or involuntarily loses his or her interest through legal process; (B) The vessel is destroyed or abandoned; (C) It is discovered by the department that the application submitted by the owner contains false or fraudulent information; (D) The fees for issuance are not paid by the applicant; or (E) The state of principal use is changed. (2) A void certificate must be surrendered to the department within 15 days from the date that it becomes or is declared to be void. (n) The number placed on the forward half of the vessel by the owner must be removed by the owner if: (1) The vessel is documented under the laws of the United States; (2) The certificate or number becomes invalid because it is determined that a false or fraudulent statement was made in the application or the fees have not been paid; or (3) The vessel is no longer used in this state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC MISDEMEANOR TRAFFIC OFFENSES; NEW BOND NOT REQUIRED WHEN CASE TRANSFERRED FOR JURY TRIAL. Code Section 40-13-23 Amended. No. 1009 (House Bill No. 1188). AN ACT To amend Code Section 40-13-23 of the Official Code of Georgia Annotated, relating to the trial of misdemeanor traffic offenses in municipal

Page 1280

courts and probate courts, the waiver of a jury trial, and the withdrawal of a waiver, so as to change the provisions relating to the posting of cash bonds, property bonds or drivers' licenses in lieu of bail; to provide that new bonds shall not be required when a case is transferred to another court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-13-23 of the Official Code of Georgia Annotated, relating to the trial of misdemeanor traffic offenses in municipal courts and probate courts, the waiver of a jury trial, and the withdrawal of a waiver, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows: (a) No court defined in this article shall have the power to dispose of traffic misdemeanor cases as provided in this article unless the defendant shall first waive in writing a trial by jury. If the defendant wishes a trial by jury, he shall notify the court and, if reasonable cause exists, he shall be immediately bound over to the court in the county having jurisdiction to try the offense, wherein a jury may be impaneled. Where a cash bond, property bond or driver's license in lieu of bond has been posted, the bond shall be transferred to the court assuming jurisdiction, and the defendant shall not be required to post a new bond by the court assuming jurisdiction. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION JUDICIAL IN REM TAX FORECLOSURES; UTILIZATION FOR DELINQUENT MUNICIPAL AD VALOREM TAXES. Code Section 48-4-76 Amended. No. 1010 (House Bill No. 1226). AN ACT To amend Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, so as to provide for the utilization of such foreclosure provisions with respect to delinquent municipal ad valorem taxes; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1281

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-4-76 of the Official Code of Georgia Annotated, relating to judicial in rem tax foreclosures, is amended by striking subsection (a) and inserting in its place a new subsection (a) to read as follows: (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 which ordinance or resolution shall be sufficient authority for use of the provisions of this article by such county and all municipalities within such county as to their respective taxes. In the event that the governing authority of a county does not so act, a municipality located in such county may, by enactment of its own ordinance or resolution, authorize the use of judicial in rem tax foreclosures for delinquent municipal taxes in accordance with the provision of this article. Any such ordinance or resolution may set forth criteria for selection of properties to be subject to the provisions of 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 15, 1996. MOTOR VEHICLES AND TRAFFIC HOMICIDE AND SERIOUS INJURY BY INTERFERENCE WITH OFFICIAL TRAFFIC-CONTROL DEVICE OR RAILROAD SIGN OR SIGNAL; SPEED DETECTION DEVICES; RADAR DEVICES. Code Sections 35-8-2 and 35-8-12 Amended. Code Title 40 Amended. No. 1011 (House Bill No. 1256). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, so as to change the definition of speed detection device; to change certain provisions

Page 1282

relating to certification to use speed detection devices; to provide for notice of certain suspensions or revocations; to provide for the suspension or revocation of certain permits of certain employing agencies; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to provide for the offenses of homicide by interference with an official traffic-control device or railroad sign or signal and serious injury by interference with an official traffic-control device or railroad sign or signal; to provide for penalties; to change the definition of speed detection device; to change certain provisions related to permit requirements; to change certain provisions related to permit applications; to change certain provisions regarding testing of radar devices; to change certain provisions relating to warning signs required; to change certain provisions relating to unlawful use of devices; to change certain provisions relating to investigations by the commissioner of public safety; to provide for notice of certain suspensions or revocations; to provide for the suspension or revocation of certain permits of certain employing agencies; to change certain provisions relating to administrative hearings upon permit suspension or revocation; to change certain provisions relating to appeal of permit suspension or revocation; to change certain provisions relating to petition for reconsideration following permit suspension or revocation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 35 of the Official Code of Georgia Annotated, relating to employment and training of peace officers, is amended by striking paragraph (11) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof the following: (11) `Speed detection device' means that particular device designed to measure the speed or velocity of a motor vehicle and marketed 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, including but not limited to laser, 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 Doppler principle of radar or speed timing principle of laser. SECTION 2. Said chapter is further amended by striking Code Section 35-8-12, relating to certification to use speed detection devices, and inserting in lieu thereof the following:

Page 1283

35-8-12. (a) Persons employed or appointed by any agency, organ, or department of this state or a subdivision or municipality thereof authorized to use speed detection devices shall be required to be certified by the council as qualified speed detection device operators. Each person operating radar speed or laser detection devices shall satisfactorily complete a course of instruction in the theory and application of speed detection device operation as a condition for certification. The council shall establish and modify the curriculum for the course of instruction, including a minimum number of hours. Persons authorized and qualified to conduct the course of instruction required by this Code section shall be certified by the council as speed detection device operator instructors upon complying with requirements prescribed by the council. The council shall have the authority to recognize instruction received by persons subject to the requirements of this Code section if, in the determination of the council, the instruction is at least equivalent to that required by this chapter. If the instruction is recognized, then it shall be accepted in lieu of part or parts of the minimum hours of instruction required for speed detection device certification by this chapter. Should any person fail to complete successfully the training requirements for operation of speed detection devices, he or she shall not perform any functions related to the use of the devices until such training shall have been successfully completed and until such time as the council shall issue appropriate certification. All persons certified to use speed detection devices shall complete an update or refresher training course of such duration and at such time as may be prescribed by the council in order for their speed detection device operators' certifications to remain in force and effect. The council is authorized to withdraw or suspend the certification of any person for failure to meet the update or refresher requirements specified in this Code section or for violation of any portion of this chapter relating to conditions which may lead to the withdrawal or suspension of peace officer certification to operate radar or laser speed detection devices. (b) Upon the withdrawal or suspension of any certificate to operate speed detection devices for the reasons set forth in this Code section, the executive director of the council shall notify the commissioner. The notification shall contain the officer's name and employing law enforcement agency. (c) Upon receipt from the commissioner that a speed detection device permit has been suspended or revoked pursuant to Code Section 40-14-11, the council shall withdraw or suspend the certification to operate speed detection devices for every certified operator employed by the agency whose permit has been suspended or revoked. The period of withdrawal or suspension shall be consistent with the action taken by the department.

Page 1284

SECTION 3. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by adding a new Code Section immediately following Code Section 40-6-395, to be designated Code Section 40-6-396 to read as follows: 40-6-396. (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-26 commits the offense of homicide by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than 15 years. (b) Any person who, without malice aforethought, causes bodily harm to another by depriving such other person 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 (a) of Code Section 40-6-26 commits the offense of serious injury by interference with an official traffic-control device or railroad sign or signal and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. SECTION 4. Said title is further amended by striking paragraph (4) of Code Section 40-14-1, relating to definitions, and inserting in lieu thereof the following: (4) `Speed detection device' means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety. SECTION 5. Said title is further amended by striking paragraph (4) of Code Section 40-14-1, relating to definitions, and inserting in lieu thereof the following: (4) `Speed detection device' means, unless otherwise indicated, that particular device designed to measure the speed or velocity of a motor vehicle and marketed under the name `Vascar' or any similar device operating under the same or similar principle and any devices for the measurement of speed or velocity based upon the Doppler principle

Page 1285

of radar or the speed timing principle of laser. All such devices must meet or exceed the minimum performance specifications established by the Department of Public Safety. SECTION 6. Said title is further amended by striking Code Section 40-14-2, relating to permit requirements, and inserting in lieu thereof the following: 40-14-2. (a) The law enforcement officers of the various counties, municipalities, colleges, and universities may use speed detection devices only if the governing authorities of such counties and municipalities or the president of such college or university shall approve of and desire the use of such devices and shall apply to the Department of Public Safety for a permit to use such devices in accordance with this chapter. (b) No county, municipality, college, or university shall be authorized to use speed detection devices where any arresting officer or official of the court having jurisdiction of traffic cases is paid on a fee system. This subsection shall not apply to any official receiving a recording fee. (c) A permit shall not be issued by the Department of Public Safety to an applicant under this Code section unless the applicant employs full-time or part-time, certified peace officers. SECTION 7. Said title is further amended by striking Code Section 40-14-3, relating to application for permit, and inserting in lieu thereof the following: 40-14-3. (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. (b) The Department of Public Safety is authorized to prescribe by appropriate rules and regulations the manner and procedure in which applications shall be made for such permits and to prescribe the required information to be submitted by the applicants. The Department of Public Safety may deny the application or suspend the speed detection device permit for failure to provide information or documentation at the department's request.

Page 1286

SECTION 8. Said title is further amended by striking subsection (b) of Code Section 40-14-5, relating to testing of radar devices, and inserting in its place a new subsection (b) to read as follows: (b) Each county, municipal, or campus law enforcement officer using a radar device shall notify each person against whom the officer intends to make a case based on the use of the radar device that the person has a right to request the officer to test the radar device for accuracy. The notice shall be given prior to the time a citation and complaint or ticket is issued against the person and, if requested to make a test, the officer shall test the radar device for accuracy. In the event the radar device does not meet the minimum accuracy requirements, the citation and complaint or ticket shall not be issued against the person, and the radar device shall be removed from service and thereafter shall not be used by the county, municipal, or campus law enforcement agency until it has been serviced, calibrated, and recertified by a technician with the qualifications specified in Code Section 40-14-4. SECTION 9. Said title is further amended by striking Code Section 40-14-6, relating to the requirement for warning signs, and inserting in its place a new Code Section 40-14-6 to read as follows: 40-14-6. (a) Each county, municipality, college, and university using speed detection devices shall erect signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area and shall warn approaching motorists that speed detection devices are being employed. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection. (b) In addition to the signs required under subsection (a) of this Code section, each county, municipality, college, and university using speed detection devices shall erect speed limit warning signs on every highway which comprises a part of the state highway system at that point on the highway which intersects the corporate limits of the municipality, the county boundary, or the boundary of the college or university campus. Such signs shall be at least 30 by 30 inches in area, shall warn approaching motorists of changes in the speed limit, shall be visible plainly from every lane of traffic, shall be viewable in any traffic conditions, and shall not be placed in such a manner that the view of such sign is subject to being obstructed by any other vehicle on such

Page 1287

highway. No such devices shall be used within 500 feet of any such warning sign erected pursuant to this subsection. SECTION 10. Said title is further amended by striking Code Section 40-14-10, relating to unlawful use of devices, and inserting in lieu thereof a new Code Section 40-14-10 to read as follows: 40-14-10. It shall be unlawful for speed detection devices to be used in any county or municipality or on any campus for which a permit authorizing such use has not been issued or for which a permit authorizing such use has been suspended or revoked and not reissued. It shall be unlawful for any law enforcement officer of any such county, municipality, college, or university to use any such speed detection devices. Any such official or law enforcement officer violating this Code section shall be guilty of a misdemeanor. SECTION 11. Said title is further amended by striking Code Section 40-14-11, relating to investigations by the commissioner of public safety, and inserting in lieu thereof a new Code Section 40-14-11 to read as follows: 40-14-11. (a) Upon a complaint being made to the commissioner of public safety that any county, municipality, college, or university is employing speed detection devices for purposes other than the promotion of the public health, welfare, and safety or in a manner which violates this chapter or violates its speed detection device premit, the commissioner or the commissioner's designee is authorized and empowered to conduct an investigation into the acts and practices of such county, municipality, college, or university with respect to speed detection devices. If, as a result of this investigation, the commissioner or the commissioner's designee finds that there is probable cause to suspend or revoke the speed detection device permit of such county, municipality, college, or university, he or she shall issue an order to that effect. (b) Upon the suspension or revocation of any speed detection device permit for the reasons set forth in this Code section, the commissioner of public safety shall notify the executive director of the Georgia Peace Officer Standards and Training Council of the action taken. (c) Upon receipt from the executive director of the Georgia Peace Officer Standards and Training Council that an officer's certification to operate speed detection devices has been withdrawn or suspended

Page 1288

pursuant to Code Section 35-8-12, the commissioner of public safety or the commissioner's designee shall suspend the speed detection device permit for the employing agency. The period of suspension or revocation shall be consistent with the action taken by the Georgia Peace Officer Standards and Training Council. SECTION 12. Said title is further amended by striking Code Section 40-14-12, relating to administrative hearing upon permit suspension or revocation, and inserting in lieu thereof a new Code Section 40-14-12 to read as follows: 40-14-12. Upon issuance by the commissioner of public safety of an order suspending or revoking the speed detection device permit of any county, municipality, college, or university, the county, municipality, college, or university affected shall be afforded a hearing, to be held within ten days of the effective date of the order. The hearing shall be held before the commissioner or deputy commissioner of public safety, and following the hearing the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. SECTION 13. Said title is further amended by striking Code Section 40-14-13, relating to appeal of permit suspension or revocation, and inserting in lieu thereof the following: 40-14-13. Any county, municipality, college, or university aggrieved by a decision of the commissioner or deputy commissioner of public safety suspending or revoking its speed detection device permit may appeal that decision within 30 days of its effective date to the Board of Public Safety, which shall schedule a hearing with respect thereto before the board. Following a hearing before the board, the county, municipality, college, or university affected shall be served with a written decision announcing whether the permit shall remain revoked or whether it shall be reinstated. An adverse decision of the board may be appealed by the county, municipality, college, or university to the superior court with appropriate jurisdiction, but the municipality, county, college, or university shall be denied the use of the speed detection device until after such appeal is decided by the court. SECTION 14. Said title is further amended by striking Code Section 40-14-14, relating to petition for reconsideration following permit suspension or revocation, and inserting in lieu thereof the following:

Page 1289

40-14-14. At the expiration of six months following the suspension or revocation of a speed detection device permit by the Board of Public Safety or, if no appeal was taken, by the commissioner or deputy commissioner of public safety, the governing authority of any such county or municipality or the president of any such college or university may, upon a change of circumstances being shown to the commissioner, petition the commissioner for a reconsideration of whether such county, municipality, college, or university should be permitted to use speed detection devices within their respective jurisdictions. SECTION 15. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. PROFESSIONS AND BUSINESSES USED MOTOR VEHICLE DEALERS' AND USED MOTOR VEHICLE PARTS DEALERS' REGISTRATION ACT AMENDED; INVESTIGATION OF USED CAR DEALERS; IMPOUNDMENT OF USED VEHICLES DISPLAYED FOR SALE AT UNLICENSED FACILITIES. Code Sections 43-47-10 and 43-47-18 Amended. No. 1012 (House Bill No. 1272). AN ACT To amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, so as to change the provisions relating to the requirement of used car dealers; to repeal certain provisions relating to the requirement of license numbers on advertising; to repeal certain provisions relating to impoundment of used vehicles displayed for sale at unlicensed facilities; to provide for construction with respect to the authority of local law enforcement officers to impound used motor vehicles under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 47 of Title 43 of the Official Code of Georgia Annotated, known as the Used Motor Vehicle Dealers' and Used Motor Vehicle Parts Dealers' Registration Act, is amended by striking in its entirety subparagraphs (T), (U), and (V) of paragraph (1) of Code Section 43-47-10, relating to

Page 1290

investigation of used car dealers, and inserting in lieu thereof the following: (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; or (U) Having willfully failed to keep or maintain the records required to be kept by this chapter; or SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-47-18, relating to the impoundment of used vehicles displayed for sale at unlicensed facilities, which reads as follows: 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 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. and inserting in lieu thereof the following: 43-47-18. Nothing in this chapter shall be construed to prohibit municipalities or counties, by ordinance or resolution, from authorizing local law enforcement officers to impound used motor vehicles which are displayed for

Page 1291

sale at unlicensed facilities, provided that such ordinances or resolutions provide for actual prior notice to the owners of such motor vehicles of such impoundment. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; INJURY, PERSONAL INJURY, AND INDEPENDENT CONTRACTOR DEFINED; EXEMPTION FOR LIMITED LIABILITY COMPANIES; GROUNDS FOR DENIAL OF COMPENSATION; GENERAL CIVIL PENALTIES; PENALTY FOR FALSE OR MISLEADING STATEMENT; STATE BOARD OF WORKERS' COMPENSATION; VOCATIONAL REHABILITATION; GUARDIANS; EFFECT OF PAYMENTS MADE WHEN NOT DUE; COMPENSATION FOR TOTAL DISABILITY, PERMANENT PARTIAL DISABILITY, AND CERTAIN TYPES OF DEATH; HAZARDOUS OCCUPATIONS AND OCCUPATIONAL DISEASE; SUBSEQUENT INJURY TRUST FUND. Code Title 34, Chapter 9 Amended. No. 1013 (House Bill No. 1291). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide refinements in the definition of injury and personal injury; to define the term independent contractor; to provide a mechanism for members of limited liability companies to opt out of coverage; to strike the requirement of board approval of safety rules; to modify the method of payment of penalties and fines; to provide for additional authority of the board; to require board certification of voluntary rehabilitation suppliers; to modify the procedures for guardianship; to coordinate the payment of benefits under Chapter 8 of Title 34, the Employment Security Law; to increase the maximum amount of weekly temporary total disability benefits; to specify the use of guidelines in determining impairment ratings; to strike the requirement for reporting hazardous occupations and occupational diseases; to allow the assessment of attorney's fees against the Subsequent Injury Trust Fund; to provide for related matters; to repeal conflicting laws; and for other purposes.

Page 1292

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 paragraphs (4) and (5) of Code Section 34-9-1, relating to definitions, and inserting in lieu thereof the following: (4) `Injury' or `personal injury' means only injury by accident arising out of and in the course of the employment and shall not, except as provided in this chapter, include a disease in any form except where it results naturally and unavoidably from the accident. Except as otherwise provided in this chapter, `injury' and `personal injury' shall include the aggravation of a preexisting condition by accident arising out of and in the course of employment, but only for so long as the aggravation of the preexisting condition continues to be the cause of the disability; the preexisting condition shall no longer meet this criteria when the aggravation ceases to be the cause of the disability. `Injury' and `personal injury' shall not include injury caused by the willful act of a third person directed against an employee for reasons personal to such employee, nor shall `injury' and `personal injury' include heart disease, heart attack, the failure or occlusion of any of the coronary blood vessels, stroke, or thrombosis unless it is shown by a preponderance of competent and credible evidence, which shall include medical evidence, that any of such conditions were attributable to the performance of the usual work of employment. Alcoholism and disabilities attributable thereto shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment. Drug addiction or disabilities resulting therefrom shall not be deemed to be `injury' or `personal injury' by accident arising out of and in the course of employment except when such addiction or disability resulted from the use of drugs or medicines prescribed for the treatment of the initial injury by an authorized physician. SECTION 2. Said chapter is further amended by adding at the end of Code Section 34-9-2, relating to the applicability of workers' compensation to employers and employees, a new subsection (e) to read as follows: (e) A person or entity shall otherwise quality as an independent contractor and not an employee if such person or entity meets all of the following criteria: (1) Is a party to a contract, written or implied, which intends to create an independent contractor relationship; (2) Has the right to exercise control over the time, manner, and method of the work to be performed; and

Page 1293

(3) Is paid on a set price per job or a per unit basis, rather than on a salary or hourly basis. A person who does not meet all of the above listed criteria shall be considered an employee unless otherwise determined by an administrative law judge to be an independent contractor. SECTION 3. Said chapter is further amended by striking Code Section 34-9-2.1, relating to exemption of corporate officers, and inserting in its place a new Code Section 34-9-2.1 to read as follows: 34-9-2.1. (a) A corporate officer or a member of a limited liability company 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 or limited liability company to exempt its officers or members from coverage under this chapter is limited as follows: (1) A corporation shall not be allowed to exempt more than five corporate officers and a limited liability company shall not be allowed to exempt more than five members; 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 and the member of the limited liability company must be identified by name; and (3) Any employer subject to this chapter pursuant to subsection (a) of Code Section 34-9-2 before the filing of any exemptions shal remain subject to this chapter without regard to the number of exemptions filed. However, in the event that there shall be no covered employees once exemptions are elected, no coverage shall be required unless and until additional employees are employed. (b) A corporate officer or a member of the limited liability company who has exempted himself or herself by proper certification from coverage under this chapter may at any time revoke such exemption and thereby accept coverage under this chapter by giving certification to such effect in the same manner as provided in subsection (a) of this Code section relative to exemption from coverage. (c) No certification given pursuant to subsection (a) or (b) of this Code section shall become effective until it is filed with the proper entity. SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 34-9-17, relating to grounds for denial of compensation, and inserting in its place a new subsection (a) to read as follows:

Page 1294

(a) No compensation shall be allowed for an injury or death due to the employee's willful misconduct, including intentionally self-inflicted injury, or growing out of his or her attempt to injure another, or for the willful failure or refusal to use a safety appliance or perform a duty required by statute. SECTION 5. Said chapter is further amended by striking subsection (f) of Code Section 34-9-18, relating to civil penalties, and inserting in its place a new subsection (f) to read as follows: (f) All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the general fund of the state treasury. SECTION 6. Said chapter is further amended by striking Code Section 34-9-19, relating to civil penalties, 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 12 months, 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. All penalties and costs assessed under this Code section shall be tendered and made payable to the State Board of Workers' Compensation. All such penalties shall be deposited in the general fund of the state treasury. SECTION 7. Said chapter is further amended by striking Code Section 34-9-40, relating to the creation of the State Board of Workers' Compensation, and inserting in lieu thereof the following: 34-9-40. There is created and established within the executive branch a board to be known as the State Board of Workers' Compensation, composed of three members who shall be appointed by the Governor for a term of four years. Each member shall hold office until his or her successor shall have been appointed and qualified. An individual chosen to fill a vacancy

Page 1295

shall be appointed only for the unexpired term of the member whom he shall succeed. The board shall have full authority, power, and the duty to promulgate policies, rules, and regulations for the administration of this chapter. Additionally, the board shall have full authority to conduct training seminars for the purpose of educating various employers as to their liability regarding workers' compensation claims. Such seminars may be paid for by the board through funding provided from sources other than appropriations made by the General Assembly. Excess funds generated through seminars may be amended into the board's operating budget as approved by the Office of Planning and Budget. Excess funds generated through seminars not amended into the board's operating budget, as determined by the state auditor, shall lapse to the Office of Treasury and Fiscal Services. SECTION 8. Said chapter is further amended by adding at the end of Code Section 34-9-200.1, relating to vocational rehabilitation, a new subsection (h) to read as follows: (h) In the event of an injury that is not catastrophic, the parties may elect that the employer will provide a rehabilitation supplier on a voluntary basis for so long as the parties agree. The rehabilitation supplier utilized by the parties must hold one of the certifications or licenses specified in subsection (f) of this Code section and be registered with the State Board of Workers' Compensation or have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in the case. SECTION 9. Said chapter is further amended by striking Code Section 34-9-226, relating to the appointment of guardians, which reads as follows: 34-9-226. The board is authorized to appoint a qualified guardian for any minor or legally incompetent claimant who shall be entitled to workers' compensation benefits where there is no duly appointed and qualified guardian for such minor or legally incompetent person, but the authority of any guardian so appointed by the board shall be limited to the administration of such workers' compensation benefits and the settlment of workers' compensation claims., and inserting in lieu thereof the following: 34-9-226. After July 1, 1996, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be a guardian duly appointed and qualified by the probate court of

Page 1296

the county of residence of such minor or legally incompetent person. Said guardian shall be required to file with the board a copy of the guardianship returns filed annually with the probate court and give notice to all parties within 30 days of any change in status. SECTION 10. Said chapter is further amended by striking subsections (a) and (f) of Code Section 34-9-243, relating to the effect of payments made when not due, and inserting in lieu thereof new subsections (a) and (f) to read as follows: (a) The payment by the employer or the employer's workers' compensation insurance carrier to the employee or to any dependent of the employee of any benefit when not due or of salary or wages or any benefit paid under Chapter 8 of this title, the 'Employment Security Law,' during the employee's disability shall be credited against any payments of weekly benefits due; provided, however, that such credit shall not exceed the aggregate amount of weekly benefits due under this chapter. (f) Subsections (a) and (b) of this Code section shall not apply to payments made to an employee under Code Section 34-9-263 for any permanent partial disability. SECTION 11. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in its place a new Code Section 34-9-261 to read as follows: 34-9-261. While the disability to work resulting from an injury is temporarily total the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the employee's average weekly wage but not more than $300.00 per week nor less than $25.00 per week, except that when the weekly wage is below $25.00 the employer shall pay a weekly benefit equal to the average weekly wage. The weekly benefit under this Code section shall be payable for a maximum period of 400 weeks from the date of injury; provided, however, in the event of a catastrophic injury as defined in subsection (g) of Code Section 34-9-200.1, the weekly benefit under this Code section shall be paid until such time as the employee undergoes a change in condition for the better as provided in paragraph (1) of subsection (a) of Code Section 34-9-104. SECTION 12. Said chapter is further amended by striking subsections (d), (e), (f), and (g) of Code Section 34-9-263, relating to compensation for permanent partial disability, which read as follows:

Page 1297

(d) Phalanges. Loss of distal phalange shall be considered to be equal to the loss of one-half of that digit. Loss of more than the distal phalange of a digit shall be considered a total loss of that digit. (e) Amputated arm or leg. Income benefits for an arm or leg, if amputated at or above the elbow or the knee, shall be the same as for the loss of the arm or leg but, if amputated between the elbow and the wrist, or the knee and the ankle, shall be seven-eighths of the loss for an arm or leg, provided a prosthetic device can be affixed. (f) Disability to the body as a whole. For the purpose of determining disability to the body as a whole under paragraph (14) of subsection (c) of this Code section, `disability' means either physical impairment or actual wage loss as provided under Code Section 34-9-262, whichever is greater. No combination of payments under paragraph (14) of subsection (c) of this Code section and Code Section 34-9-262 shall exceed 300 weeks. (g) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision of both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261., and inserting in lieu thereof the following: (d) Impairment ratings. In all cases arising under this chapter, any percentage of disability or bodily loss ratings shall be based upon Guides to the Evaluation of Permanent Impairment, fourth edition, published by the American Medical Association. (e) Loss of more than one major member. Loss of both arms, hands, legs, or feet, or any two or more of these members, or the permanent total loss of vision in both eyes shall create a rebuttable presumption of permanent total disability compensable as provided in Code Section 34-9-261. SECTION 13. Said chapter is further amended by striking subsection (f) of Code Section 34-9-265, relating to compensation for death resulting from causes other than injury, and inserting in its place a new subsection (f) to read as follows: (f) Each insurer or self-insurer which, in a compensable death case, finds no dependent or dependents qualifying to receive dependency benefits shall pay to the State Board of Workers' Compensation 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. All such funds paid to the board shall be deposited in the general fund of the state treasury.

Page 1298

SECTION 14. Said chapter is further amended by striking Code Section 34-9-290, relating to the reporting of hazardous occupations and case of occupational disease, and inserting in its place the following: 34-9-290. Reserved. SECTION 15. Said chapter is further amended by striking Code Section 34-9-367, relating to interest and attorney's fees payable to the Subsequent Injury Trust Fund, and inserting in lieu thereof a new Code Section 34-9-367 to read as follows: 34-9-367. The Subsequent Injury Trust Fund shall not be liable for any interest on sums due claiming parties nor shall it be liable for attorney's fees due attorneys of the claiming parties except where it is proven by a preponderance of evidence that the Subsequent Injury Trust Fund has failed or refused to accept a valid claim for reimbursement as provided for under this chapter in whole or in part without reasonable grounds; in such a circumstance, the party seeking reimbursement may be entitled to attorney's fees as provided under subsection (b) of Code Section 34-9-108. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COURTS PROBATE COURTS; CONCURRENT JURISDICTION OF CERTAIN COURTS OVER CERTAIN OFFENSES INVOLVING MARIJUANA OR ALCOHOLIC BEVERAGES; TRIAL UPON SUMMONS OR CITATION IN LIEU OF ACCUSATION. Code Sections 15-9-30.6 and 17-7-72 Enacted. No. 1014 (House Bill No. 1322). AN ACT To amend Article 2 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, and Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, so as to provide concurrent jurisdiction for certain probate courts over cases charging possession of one ounce or

Page 1299

less of marijuana and cases charging furnishing alcoholic beverages to persons under 21 or purchase or possession of alcoholic beverages by underage persons; to provide for trial of such misdemeanor cases upon a summons or citation in lieu of accusation in probate courts which have jurisdiction over such misdemeanor offenses; 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 9 of Title 15 of the Official Code of Georgia Annotated, relating to jurisdiction, power, and duties of probate courts, is amended by inserting a new Code section to be designated Code Section 15-9-30.6 to read as follows: 15-9-30.6. (a) Subject to the provisions of subsection (c) of this Code section, in addition to any other jurisdiction vested in the probate courts, probate courts which have jurisdiction over misdemeanor traffic offenses in accordance with Code Section 40-13-21 shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for the following offenses: (1) Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30; and (2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors. (b) The jurisdiction conferred by subsection (a) of this Code section shall be concurrent with other courts having jurisdiction over such violations. (c) A probate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if probable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled. SECTION 2. Article 4 of Chapter 7 of Title 17 of the Official Code of Georgia Annotated, relating to accusations, is amended by inserting a new Code section to be designated Code Section 17-7-72 to read as follows:

Page 1300

17-7-72. In probate courts which have jurisdiction over misdemeanor possession of marijuana in accordance with Code Sections 16-13-2 and 16-13-30 and certain misdemeanor violations of Code Section 3-3-23 pursuant to Code Section 15-9-30.6, the following offenses may be tried upon a summons or citation without an accusation: (1) Possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30; and (2) Any violation of paragraph (2) of subsection (a) of Code Section 3-3-23 which is punishable as a misdemeanor, but not violations punishable as high and aggravated misdemeanors. SECTION 3. This Act shall become effective on July 1, 1996, and shall apply to offenses which occurred or are alleged to have occurred on or after July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. STATE GOVERNMENT MEETINGS OF STATE BOARDS, BODIES, AND COMMITTEES BY TELECONFERENCES; GEORGIANET DISTRIBUTION OF LEGISLATIVE INFORMATION TO INTERNET USERS. Code Section 50-1-5 Enacted. Code Section 50-25-14 Amended. No. 1015 (House Bill No. 1366). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide that any state board, body, or committee may meet by teleconference or other similar means, unless specifically prohibited; to provide conditions and limitations; to provide free computerized access to certain information contained on GeorgiaNet; 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by adding at the end of Chapter 1 thereof, relating to state government in general, a new Code Section 50-1-5 to read as follows:

Page 1301

50-1-5. (a) Unless specifically prohibited by the laws relating to a particular board, body, or committee, any board, body, or committee of state government may meet by teleconference or other similar means. The methods of meeting permitted under this Code section shall include telephone conference calls, meetings held through two-way interactive closed circuit television or satellite television signal, or any other similar method which allows each member of the board or body participating in the meeting to hear and speak to each other member participating in the meeting. (b) Nothing in this Code section shall eliminate any otherwise applicable requirement for giving notice of any meeting. Likewise, nothing in this Code section shall create a requirement for giving notice of any meeting where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee plans to participate in the meeting if the meeting is otherwise open to the public; provided, however, it shall not be grounds to contest any actions of the board, body, or committee as provided in Code Section 50-14-1 if a member participates from a location other than the location listed in the notice. At a minimum, the notice shall list one specific location where the public can participate in the meeting if the meeting is otherwise open to the public. The notice shall further conform with the provisions of `due notice' as provided in Code Section 50-14-1. Any meeting which is otherwise required by law to be open to the public shall be open to the public at each location listed in the notice or where any member of the board, body, or committee participates in the meeting. (c) The provisions of this Code section shall be broadly construed to cover any board, body, or committee of state government which is required or authorized to hold any meeting concerning state government affairs, regardless of the name by which any such entity may be known. The provisions of this Code section are specifically made applicable to the legislative and judicial branches of state government as well as the executive branch. With respect to the judicial branch, however, this Code section shall not apply to actual court sessions but shall apply to other administrative or judicial proceedings in the judicial branch. With respect to the legislative branch, this Code section shall not apply to actual sessions of the Senate or the House of Representatives but shall apply to committee meetings and other administrative proceedings. SECTION 2. Said title is further amended by striking Code Section 50-25-14, relating to distribution of legislative information by the GeorgiaNet Authority, and inserting in lieu thereof a new Code section to read as follows:

Page 1302

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 Internet users, public schools, their students and faculty, and to public libraries and their patrons. 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 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 15, 1996. GENERAL ASSEMBLY COMPENSATION AND REIMBURSEMENT OF MEMBERS. Code Sections 28-1-8 and 45-7-4 Amended. No. 1016 (House Bill No. 1368). AN ACT To amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and reimbursement of members and officers of the General Assembly, and Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, so as to change provisions relating to compensation of members of the General Assembly; to change provisions relating to reimbursement of transportation costs for air travel; to provide conditions under which reimbursement shall not be limited to amounts provided for in the state-wide contract for airline travel; to provide for statements by members receiving such reimbursement; to change provisions relating to reimbursement for per diem differential; to provide for a maximum amount of reimbursement of certain equipment purchases; to provide for reimbursement for leasing of certain equipment; to provide for depreciated equipment; to provide that money in an expense account at the end of the first year of the biennium may be used during the second year of the biennium; to provide for related

Page 1303

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 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and reimbursement of members and officers of the General Assembly, is amended by striking paragraph (3) of subsection (b) and inserting in its place a new paragraph to read as follows: (3) Notwithstanding any other provision of this subsection to the contrary, reimbursement of authorized transportation costs incurred by a member of the General Assembly for air travel inside or outside the state at any time shall be limited to the amounts provided for in the state-wide contract. As used in this paragraph, the term 'state-wide contract' means the state-wide contract for airline travel incorporated in the state travel regulations established by the Department of Audits and Accounts and the Office of Planning and Budget. This limitation shall not apply, however, if the air travel is between pairs of cities not covered in the state-wide contract, if no state-wide contract is in effect, if the contracted flight is other than a non-stop flight, the contracted flight would cause the member undue hardship or would conflict with the member's schedule, or if passage under a state-wide contract is otherwise not reasonably available. When reimbursement is requested for an amount in excess of the amount provided in the state-wide contract, the member shall sign a statement indicating which of the foregoing exceptions applies. SECTION 2. Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to compensation of certain officials, is amended by striking paragraph (22) of subsection (a) and inserting in its place a new paragraph to read as follows: (22) Each member of the General Assembly............... 10,000.00 (A) When employees of the executive, judicial, and legislative branches of government receive a cost-of-living increase of a certain percentage, the members of the General Assembly shall receive a cost-of-living increase of one-half the percentage applicable to such state employees. (B) 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

Page 1304

of a personal car on official business shall be the same as that received by other state officials and employees. (C) In addition to any other compensation and allowances authorized for members of the General Assembly, each member may be reimbursed for per diem differential and 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. Expenses reimbursable up to such amount shall be limited to one or more of the following purposes: lodging, meals, per diem differential, postage, personal services, printing and publications, rents, supplies (including software), telecommunications, transportation, utilities, purchasing or leasing of equipment under $500.00, and leasing of equipment which would cost over $500.00 to purchase. If equipment purchased by a member has a depreciated value of $100.00 or less when such member leaves office, the equipment does not need to be returned to the state. No reimbursement shall be made for any postage which is used for a political newsletter. 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. 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. No sworn voucher or supporting document shall be required for per diem differential. No per diem differential shall be reimbursed under this subparagraph (C) until and unless the member has exhausted all reimbursement for per diem differential which may be claimed under subparagraph (D) of this paragraph. (D) In addition to reimbursement for actual expenses incurred as provided in subparagraph (C) of this paragraph, 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. In any year in which there is held any special session of the General Assembly, the number of days for which per diem differential may be claimed under this subparagraph (D) shall be increased by the number of days in such special session.

Page 1305

(E) The amount of per diem differential which may be claimed for each day under subparagraph (C) or (D) of this paragraph shall be the difference between the daily expense allowance authorized for members of the General Assembly and $119.00; provided, however, that the general appropriations Act for any fiscal year may increase such amount of $119.00 per day to an amount not in excess of the federal per diem rate then in effect for the state capital as specified by the General Services Administration. 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. (F) 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. Any voucher or claim for any reimbursement for 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 or claim submitted after that date. Any amounts remaining in such expense account at the end of the first year of the two year biennium may be claimed for expenses incurred during the second year of the two year biennium. Any amounts remaining in any expense account which are not so claimed by April 15 of the year following the second year of the biennium 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. Any former member of 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, including, but not limited to, definitions of the above list of items for which reimbursement may be made and the form of the voucher or claim which must be submitted to the legislative fiscal office. In the event of any disagreement

Page 1306

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. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval except that the amount of the daily expense allowance shall remain $59.00 until the convening date of the 1997 regular session of the General Assembly; and on and after such date the amount of the daily expense allowance shall be $75.00. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. COMMERCIAL CODE NEGOTIABLE INSTRUMENTS; COMMERCIAL PAPER; BANK DEPOSITS AND COLLECTIONS; BANK CUSTOMERS' ACCOUNTS; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 11 Amended. No. 1017 (House Bill No. 1388). AN ACT To amend Title 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, so as to revise provisions relating to negotiable instruments and bank deposits and collections; to change certain definitions; to provide that an explicit reservation of rights is not effective as to an accord and satisfaction; to revise comprehensively Article 3 of such title, relating to commercial paper, so as to change the short title; to provide for subject matter, conflicts between articles, and the effect of certain regulations and circulars; to revise definitions; to provide an index of definitions; to provide for negotiable instruments, issue of instruments,

Page 1307

unconditional promises or orders, instruments payable in foreign money, promises or orders payable on demand or at a definite time, and promises or orders payable to bearer or to order; to provide for identification of the person to whom an instrument is payable, the place of payment, and interest; to provide for the date of an instrument, contradictory terms in an instrument, and incomplete instruments; to provide for joint and several liability and contribution; to provide for other agreements affecting instruments, statutes of limitations, notice of rights to defend actions; to provide for negotiation, negotiation subject to recission, transfer, and rights acquired by transfer; to provide for indorsement, special indorsement, blank indorsement, anomalous indorsement, restrictive indorsement, and reacquisition; to provide for enforcement of instruments, and persons entitled to enforce instruments; to provide for holders in due course, value and consideration, overdue instruments, defenses and claims in recoupment, claims to an instrument, notice of breach of fiduciary duty, proof of signatures, status as a holder in due course, enforcement by a person not in possession of an instrument, effect of the instrument on the obligation for which it was taken, and accord and satisfaction by use of an instrument; to provide for lost, destroyed, or stolen cashier's checks, teller's checks, or certified checks; to provide for the liability of parties; to provide for signatures, signatures by representatives, unauthorized signatures, imposters, fictitious payees, fraudulent indorsement by employees, negligence contributing to forgery or alteration, alteration, drawee's liability, acceptance of drafts and certified checks, and acceptance varying the draft; to provide for refusal to pay checks, and the obligation of the issuer, acceptor, drawer, and indorser; to provide for transfer warranties, presentment warranties, and payment or acceptance by mistake; to provide for instruments signed for accommodation and conversion of instruments; to provide for dishonor, including presentment, notice, excused presentment and notice, and evidence; to provide for discharge, effect of discharge, payment, tender, cancellation, renunciation, and discharge of indorsers and accommodation parties; to revise comprehensively Article 4 of such title, relating to bank deposits and collections, so as to change provisions relating to applicability, variation by agreement, ordinary care, the measure of damages; to revise definitions and the index of definitions; to insert provisions relating to items payable through or payable at a bank, electronic presentment, the statute of limitations, presentment warranties, and encoding and retention warranties; to change provisions relating to separate offices of banks, the time of receipt of items, and delays; to change provisions relating to agency status of banks, responsibility for collection or return, timely action, instructions, methods of sending and presenting, the depositary bank as holder of the item, warranties of the depositary bank; to change provisions relating to warranties on transfer or presentment, the security interest of the collecting bank, value for the purposes of status as a holder in due course, presentment by notice of certain items, medium and time of settlement, liability of a collecting bank, returning items, final payment by a payor

Page 1308

bank, insolvency and preference; to change provisions relating to return of items by the payor bank, responsibility for late return of an item, and when items are subject to notice, stop-payment orders, legal process, or setoff; to change provisions relating to when a bank may charge a customer's account, the bank's liability for wrongful dishonor, the time of determining an account's insufficiency, stop-payment orders, closing accounts, a customer's death or incompetence, and customers' duties regarding unauthorized signatures and alterations; to change provisions relating to the payor bank's right to subrogation, the handling of documentary drafts, the presentment of on arrival drafts, and the presenting bank's responsibility and privilege regarding goods; to amend Title 9 of the Official Code of Georgia Annotated, relating to civil practice, so as to change the statute of limitations for actions upon negotiable instruments; to amend Title 24 of the Official Code of Georgia Annotated, relating to evidence, so as to insert provisions relating to a presumption of payment of a check; 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 11 of the Official Code of Georgia Annotated, known as the Uniform Commercial Code, is amended by striking subsections (4), (20), (24), and (43) of Code Section 11-1-201, relating to general definitions, and inserting in lieu thereof the following: (4) `Bank' means any person engaged in the business of banking. Wherever the word `branch' is used in this title, with reference to a bank, it shall mean not only `branch bank,' but also `bank office' and `bank facility' as those terms are defined in Code Section 7-1-600. (20) `Holder,' with respect to a negotiable instrument, means the person in possession if the instrument is payable to bearer or, in the case of an instrument payable to an identified person, if the identified person is in possession. Holder with respect to a document of title means the person in possession if the goods are deliverable to bearer or to the order of the person in possession. (24) `Money' means a medium of exchange authorized or adopted by a domestic or foreign government and includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more nations. (43) `Unauthorized' signature means one made without actual, implied, or apparent authority and includes a forgery. SECTION 2. Said title is further amended by striking Code Section 11-1-207, relating to performance or acceptance under reservation of rights, and inserting in lieu thereof a new Code section, to read as follows:

Page 1309

11-1-207. Performance or acceptance under reservation of rights. (1) A party who, with explicit reservation of rights, performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as `without prejudice,' `under protest' or the like are sufficient. (2) Subsection (1) of this Code section does not apply to an accord and satisfaction. SECTION 3. Said title is further amended by striking in its entirety Article 3, relating to commercial paper, which reads as follows: ARTICLE 3. PART 1 SHORT TITLE, FORM, AND INTERPRETATION 11-3-101. Short title. This article shall be known and may be cited as `Uniform Commercial Code Commercial Paper.' 11-3-102. Definitions and index of definitions. (1) In this article unless the context otherwise requires: (a) `Issue' means the first delivery of an instrument to a holder or a remitter. (b) An `order' is a direction to pay and must be more than an authorization or request. It must identify the person to pay with reasonable certainty. It may be addressed to one or more such persons jointly or in the alternative but not in succession. (c) A `promise' is an undertaking to pay and must be more than an acknowledgment of an obligation. (d) `Secondary party' means a drawer or indorser. (e) `Instrument' means a negotiable instrument. (2) Other definitions applying to this article and the Code sections in which they appear are: `Acceptance.' Code Section 11-3-410. `Accommodation party.' Code Section 11-3-415. `Alteration.' Code Section 11-3-407. `Certificate of deposit.' Code Section 11-3-104. `Certification.' Code Section 11-3-411.

Page 1310

`Check.' Code Section 11-3-104. `Definite time.' Code Section 11-3-109. `Dishonor.' Code Section 11-3-507. `Draft.' Code Section 11-3-104. `Holder in due course.' Code Section 11-3-302. `Negotiation.' Code Section 11-3-202. `Note.' Code Section 11-3-104. `Notice of dishonor.' Code Section 11-3-508. `On demand.' Code Section 11-3-108. `Presentment.' Code Section 11-3-504. `Protest.' Code Section 11-3-509. `Restrictive indorsement.' Code Section 11-3-205. `Signature.' Code Section 11-3-401. (3) The following definitions in other articles of this title apply to this article: `Account.' Code Section 11-4-104. `Banking day.' Code Section 11-4-104. `Clearing-house.' Code Section 11-4-104. `Collecting bank.' Code Section 11-4-105. `Customer.' Code Section 11-4-104. `Depositary bank.' Code Section 11-4-105. `Documentary draft.' Code Section 11-4-104. `Intermediary bank.' Code Section 11-4-105. `Item.' Code Section 11-4-104. `Midnight deadline.' Code Section 11-4-104. `Payor bank.' Code Section 11-4-105. (4) In addition Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article. 11-3-103. Limitations on scope of article. (1) This article does not apply to money, to documents of title, to securities governed by Article 8, or to payment orders governed by Article 4A.

Page 1311

(2) The provisions of this article are subject to the provisions of the article on bank deposits and collections (Article 4 of this title) and secured transactions (Article 9 of this title). 11-3-104. Form of negotiable instruments; `draft'; `check'; `certificate of deposit'; `note.' (1) Any writing to be a negotiable instrument within this article must: (a) Be signed by the maker or drawer; and (b) Contain an unconditional promise or order to pay a sum certain in money and no other promise, order, obligation, or power given by the maker or drawer except as authorized by this article; and (c) Be payable on demand or at a definite time; and (d) Be payable to order or to bearer. (2) A writing which complies with the requirements of this Code section is: (a) A `draft' (`bill of exchange') if it is an order; (b) A `check' if it is a draft drawn on a bank and payable on demand; (c) A `certificate of deposit' if it is an acknowledgment by a bank of receipt of money with an engagement to repay it; (d) A `note' if it is a promise other than a certificate of deposit. (3) As used in other articles of this title, and as the context may require, the terms `draft,' `check,' `certificate of deposit,' and `note' may refer to instruments which are not negotiable within this article as well as to instruments which are so negotiable. 11-3-105. When promise or order unconditional. (1) A promise or order otherwise unconditional is not made conditional by the fact that the instrument: (a) Is subject to implied or constructive conditions; or (b) States its consideration, whether performed or promised, or the transaction which gave rise to the instrument, or that the promise or order is made or the instrument matures in accordance with or `as per' such transaction; or (c) Refers to or states that it arises out of a separate agreement; or (d) States that it is drawn under a letter of credit; or (e) States that it is secured, whether by mortgage, reservation of title, or otherwise; or

Page 1312

(f) Indicates a particular account to be debited or any other fund or source from which reimbursement is expected; or (g) Is limited to payment out of a particular fund or the proceeds of a particular source, if the instrument is issued by a government or governmental agency or unit; or (h) Is limited to payment out of the entire assets of a partnership, unincorporated association, trust, or estate by or on behalf of which the instrument is issued. (2) A promise or order is not unconditional if the instrument: (a) States that it is subject to or governed by any other agreement; or (b) States that it is to be paid only out of a particular fund or source except as provided in this Code section. 11-3-106. Sum certain. (1) The sum payable is a sum certain even though it is to be paid: (a) With stated interest or by stated installments; or (b) With stated different rates of interest before and after default or a specified date; or (c) With a stated discount or addition if paid before or after the date fixed for payment; or (d) With exchange or less exchange, whether at a fixed rate or at the current rate; or (e) With costs of collection or an attorney's fee or both upon default. (2) Nothing in this Code section shall validate any term which is otherwise illegal. 11-3-107. Money. (1) An instrument is payable in money if the medium of exchange in which it is payable is money at the time the instrument is made. An instrument payable in `currency' or `current funds' is payable in money. (2) A promise or order to pay a sum stated in a foreign currency is for a sum certain in money and, unless a different medium of payment is specified in the instrument, may be satisfied by payment of that number of dollars which the stated foreign currency will purchase at the buying sight rate for that currency on the day on which the instrument is payable or, if payable on demand, on the day of demand. If such an instrument specifies a foreign currency as the medium of payment the instrument is payable in that currency.

Page 1313

11-3-108. Payable on demand. Instruments payable on demand include those payable at sight or on presentation and those in which no time for payment is stated. 11-3-109. Define time. (1) An instrument is payable at a definite time if by its terms it is payable: (a) On or before a stated date or at a fixed period after a stated date; or (b) At a fixed period after sight; or (c) At a definite time subject to any acceleration; or (d) At a definite time subject to extension at the option of the holder, or to extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event. (2) An instrument which by its terms is otherwise payable only upon an act or event uncertain as to time of occurrence is not payable at a definite time even though the act or event has occurred. 11-3-110. Payable to order. (1) An instrument is payable to order when by its terms it is payable to the order or assigns of any person therein specified with reasonable certainty, or to him or his order, or when it is conspicuously designated on its face as `exchange' or the like and names a payee. It may be payable to the order of: (a) The maker or drawer; or (b) The drawee; or (c) A payee who is not maker, drawer, or drawee; or (d) Two or more payees together or in the alternative; or (e) An estate, trust, or fund, in which case it is payable to the order of the representative of such estate, trust, or fund or his successors; or (f) An office, or an officer by his title as such in which case it is payable to the principal but the incumbent of the office or his successors may act as if he or they were the holder; or (g) A partnership or unincorporated association, in which case it is payable to the partnership or association and may be indorsed or transferred by any person thereto authorized. (2) An instrument not payable to order is not made so payable by such words as `payable upon return of this instrument properly indorsed.' (3) An instrument made payable both to order and to bearer is payable to order unless the bearer words are handwritten or typewritten.

Page 1314

11-3-111. Payable to bearer. An instrument is payable to bearer when by its terms it is payable to: (a) Bearer or the order of bearer; or (b) A specified person or bearer; or (c) `Cash' or the order of `cash,' or any other indication which does not purport to designate a specific payee. 11-3-112. Terms and omissions not affecting negotiability. (1) The negotiability of an instrument is not affected by: (a) The omission of a statement of any consideration or of the place where the instrument is drawn or payable; or (b) A statement that collateral has been given for the instrument or in case of default on the instrument the collateral may be sold; or (c) A promise or power to maintain or protect collateral or to give additional collateral; or (d) A term authorizing a confession of judgment on the instrument if it is not paid when due; or (e) A term purporting to waive the benefit of any law intended for the advantage or protection of any obligor; or (f) A term in a draft providing that the payee by indorsing or cashing it acknowledges full satisfaction of an obligation of the drawer; or (g) A statement in a draft drawn in a set of parts (Code Section 11-3-801) to the effect that the order is effective only if no other part has been honored. (2) Nothing in this Code section shall validate any term which is otherwise illegal. 11-3-113. Seal. An instrument otherwise negotiable is within this article even though it is under a seal. 11-3-114. Date, antedating, postdating. (1) The negotiability of an instrument is not affected by the fact that it is undated, antedated, or postdated. (2) Where an instrument is antedated or postdated the time when it is payable is determined by the stated date if the instrument is payable on demand or at a fixed period after date. (3) Where the instrument or any signature thereon is dated, the date is presumed to be correct.

Page 1315

11-3-115. Incomplete instruments. (1) When a paper whose contents at the time of signing show that it is intended to become an instrument is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed. (2) If the completion is unauthorized the rules as to material alteration apply (Code Section 11-3-407), even though the paper was not delivered by the maker or drawer; but the burden of establishing that any completion is unauthorized is on the party so asserting. 11-3-116. Instruments payable to two or more persons. An instrument payable to the order of two or more persons: (a) If in the alternative is payable to any one of them and may be negotiated, discharged, or enforced by any of them who has possession of it; (b) If not in the alternative is payable to all of them and may be negotiated, discharged, or enforced only by all of them. 11-3-117. Instruments payable with words or description. An instrument made payable to a named person with the addition of words describing him: (a) As agent or officer of a specified person is payable to his principal but the agent or officer may act as if he were the holder; (b) As any other fiduciary for a specified person or purpose is payable to the payee and may be negotiated, discharged, or enforced by him; (c) In any other manner is payable to the payee unconditionally and the additional words are without effect on subsequent parties. 11-3-118. Ambiguous terms and rules of construction. The following rules apply to every instrument: (a) Where there is doubt whether the instrument is a draft or a note the holder may treat it as either. A draft drawn on the drawer is effective as a note. (b) Handwritten terms control typewritten and printed terms, and typewritten control printed. (c) Words control figures except that if the words are ambiguous figures control. (d) Unless otherwise specified a provision for interest means interest at the judgment rate at the place of payment from the date of the instrument, or if it is undated from the date of issue.

Page 1316

(e) Unless the instrument otherwise specifies two or more persons who sign as maker, acceptor or drawer or indorser and as a part of the same transaction are jointly and severally liable even though the instrument contains such words as `I promise to pay.' (f) Unless otherwise specified consent to extension authorizes a single extension for not longer than the original period. A consent to extension, expressed in the instrument, is binding on secondary parties and accommodation makers. A holder may not exercise his option to extend an instrument over the objection of a maker or acceptor or other party who in accordance with Code Section 11-3-604 tenders full payment when the instrument is due. 11-3-119. Other writings affecting instrument. (1) As between the obligor and his immediate obligee or any transferee the terms of an instrument may be modified or affected by any other written agreement executed as a part of the same transaction, except that a holder in due course is not affected by any limitation of his rights arising out of the separate written agreement if he had no notice of the limitation when he took the instrument. (2) A separate agreement does not affect the negotiability of an instrument. 11-3-120. Instruments `payable through' bank. An instrument which states that it is `payable through' a bank or the like designates that bank as a collecting bank to make presentment but does not of itself authorize the bank to pay the instrument. 11-3-121. Instruments payable at bank. A note or acceptance which states that it is payable at a bank is not of itself an order or authorization to the bank to pay it. 11-3-122. Accrual of cause of action. (1) A cause of action against a maker or an acceptor accrues: (a) In the case of a time instrument on the day after maturity; (b) In the case of a demand instrument upon its date or, if no date is stated, on the date of issue. (2) A cause of action against the obligor of a demand or time certificate of deposit accrues upon demand, but demand on a time certificate may not be made until on or after the date of maturity. (3) A cause of action against a drawer of a draft or an indorser of any instrument accrues upon demand following dishonor of the instrument. Notice of dishonor is a demand.

Page 1317

(4) Unless an instrument provides otherwise, interest runs at the rate provided by law for a judgment: (a) In the case of a maker, acceptor, or other primary obligor of a demand instrument, from the date of demand; (b) In all other cases from the date of accrual of the cause of action. PART 2 TRANSFER AND NEGOTIATION 11-3-201. Transfer: right to indorsement. (1) Transfer of an instrument vests in the transferee such rights as the transferor has therein, except that a transferee who has himself been a party to any fraud or illegality affecting the instrument or who as a prior holder had notice of a defense or claim against it cannot improve his position by taking from a later holder in due course. (2) A transfer of a security interest in an instrument vests the foregoing rights in the transferee to the extent of the interest transferred. (3) Unless otherwise agreed any transfer for value of an instrument not then payable to bearer gives the transferee the specifically enforceable right to have the unqualified indorsement of the transferor. Negotiation takes effect only when the indorsement is made and until that time there is no presumption that the transferee is the owner. 11-3-202. Negotiation. (1) Negotiation is the transfer of an instrument in such form that the transferee becomes a holder. If the instrument is payable to order it is negotiated by delivery with any necessary indorsement; if payable to bearer it is negotiated by delivery. (2) An indorsement must be written by or on behalf of the holder and on the instrument or on a paper so firmly affixed thereto as to become a part thereof. (3) An indorsement is effective for negotiation only when it conveys the entire instrument or any unpaid residue. If it purports to be of less it operates only as a partial assignment. (4) Words of assignment, condition, waiver, guaranty, limitation or disclaimer of liability, and the like accompanying an indorsement do not affect its character as an indorsement. 11-3-203. Wrong or misspelled name. Where an instrument is made payable to a person under a misspelled name or one other than his own he may indorse in that name or his own or both; but signature in both names may be required by a person paying or giving value for the instrument.

Page 1318

11-3-204. Special indorsement; blank indorsement. (1) A special indorsement specifies the person to whom or to whose order it makes the instrument payable. Any instrument specially indorsed becomes payable to the order of the special indorsee and may be further negotiated only by his indorsement. (2) An indorsement in blank specifies no particular indorsee and may consist of a mere signature. An instrument payable to order and indorsed in blank becomes payable to bearer and may be negotiated by delivery alone until specially indorsed. (3) The holder may convert a blank indorsement into a special indorsement by writing over the signature of the indorser in blank any contract consistent with the character of the indorsement. 11-3-205. Restrictive indorsements. An indorsement is restrictive which either: (a) Is conditional; or (b) Purports to prohibit further transfer of the instrument; or (c) Includes the words `for collection,' `for deposit,' `pay any bank,' or like terms signifying a purpose of deposit or collection; or (d) Otherwise states that it is for the benefit or use of the indorser or of another person. 11-3-206. Effect of restrictive indorsement. (1) No restrictive indorsement prevents further transfer or negotiation of the instrument. (2) An intermediary bank, or a payor bank which is not the depositary bank, is neither given notice nor otherwise affected by a restrictive indorsement of any person except the bank's immediate transferor or the person presenting for payment. (3) Except for an intermediary bank, any transferee under an indorsement which is conditional or includes the words `for collection,' `for deposit,' `pay any bank,' or like terms (subparagraphs (a) and (c) of Code Section 11-3-205) must pay or apply any value given by him for or on the security of the instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such transferee is a holder in due course if he otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course. (4) The first taker under an indorsement for the benefit of the indorser or another person (subparagraph (d) of Code Section 11-3-205) must pay or apply any value given by him for or on the security of the

Page 1319

instrument consistently with the indorsement and to the extent that he does so he becomes a holder for value. In addition such taker is a holder in due course if he otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course. A later holder for value is neither given notice nor otherwise affected by such restrictive indorsement unless he has knowledge that a fiduciary or other person has negotiated the instrument in any transaction for his own benefit or otherwise in breach of duty (subsection (2) of Code Section 11-3-304). 11-3-207. Negotiation effective although it may be rescinded. (1) Negotiation is effective to transfer the instrument although the negotiation is: (a) Made by an infant, a corporation exceeding its powers, or any other person without capacity; or (b) Obtained by fraud, duress, or mistake of any kind; or (c) Part of an illegal transaction; or (d) Made in breach of duty. (2) Except as against a subsequent holder in due course such negotiation is in an appropriate case subject to rescission, the declaration of a constructive trust, or any other remedy permitted by law. 11-3-208. Reacquisition. Where an instrument is returned to or reacquired by a prior party he may cancel any indorsement which is not necessary to his title and reissue or further negotiate the instrument, but any intervening party is discharged as against the reacquiring party and subsequent holders not in due course and if his indorsement has been cancelled is discharged as against subsequent holders in due course as well. PART 3 RIGHTS OF A HOLDER 11-3-301. Rights of a holder. The holder of an instrument whether or not he is the owner may transfer or negotiate it and, except as otherwise provided in Code Section 11-3-603 on payment or satisfaction, discharge it or enforce payment in his own name. 11-3-302. Holder in due course. (1) A holder in due course is a holder who takes the instrument: (a) For value; and (b) In good faith; and

Page 1320

(c) Without notice that it is overdue or has been dishonored or of any defense against or claim to it on the part of any person. (2) A payee may be a holder in due course. (3) A holder does not become a holder in due course of an instrument: (a) By purchase of it at judicial sale or by taking it under legal process; or (b) By acquiring it in taking over an estate; or (c) By purchasing it as part of a bulk transaction not in regular course of business of the transferor. (4) A purchaser of a limited interest can be a holder in due course only to the extent of the interest purchased. 11-3-303. Taking for value. A holder takes the instrument for value: (a) To the extent that the agreed consideration has been performed or that he acquires a security interest in or a lien on the instrument otherwise than by legal process; or (b) When he takes the instrument in payment of or as security for an antecedent claim against any person whether or not the claim is due; or (c) When he gives a negotiable instrument for it or makes an irrevocable commitment to a third person. 11-3-304. Notice to purchaser. (1) The purchaser has notice of a claim or defense if: (a) The instrument is so incomplete, bears such visible evidence of forgery or alteration, or is otherwise so irregular as to call into question its validity, terms, or ownership or to create an ambiguity as to the party to pay; or (b) The purchaser has notice that the obligation of any party is voidable in whole or in part, or that all parties have been discharged. (2) The purchaser has notice of a claim against the instrument when he has knowledge that a fiduciary has negotiated the instrument in payment of or as security for his own debt or in any transaction for his own benefit or otherwise in breach of duty. (3) The purchaser has notice that an instrument is overdue if he has reason to know: (a) That any part of the principal amount is overdue or that there is an uncured default in payment of another instrument of the same series; or

Page 1321

(b) That acceleration of the instrument has been made; or (c) That he is taking a demand instrument after demand has been made or more than a reasonable length of time after its issue. A reasonable time for a check drawn and payable within the states and territories of the United States and the District of Columbia is presumed to be 30 days. (4) Knowledge of the following facts does not of itself give the purchaser notice of a defense or claim: (a) That the instrument is antedated or postdated; (b) That it was issued or negotiated in return for an executory promise or accompanied by a separate agreement, unless the purchaser has notice that a defense or claim has arisen from the terms thereof; (c) That any party has signed for accommodation; (d) That an incomplete instrument has been completed, unless the purchaser has notice of any improper completion; (e) That any person negotiating the instrument is or was a fiduciary; (f) That there has been default in payment of interest on the instrument or in payment of any other instrument, except one of the same series. (5) The filing or recording of a document does not of itself constitute notice within the provisions of this article to a person who would otherwise be a holder in due course. (6) To be effective notice must be received at such time and in such manner as to give a reasonable opportunity to act on it. 11-3-305. Rights of a holder in due course. To the extent that a holder is a holder in due course he takes the instrument free from: (1) All claims to it on the part of any person; and (2) All defenses of any party to the instrument with whom the holder has not dealt except: (a) Infancy, to the extent that it is a defense to a simple contract; and (b) Such other incapacity, or duress, or illegality of the transaction, as renders the obligation of the party a nullity; and (c) Such misrepresentation as has induced the party to sign the instrument with neither knowledge nor reasonable opportunity to obtain knowledge of its character or its essential terms; and

Page 1322

(d) Discharge in insolvency proceedings; and (e) Any other discharge of which the holder has notice when he takes the instrument. 11-3-306. Rights of one not holder in due course. Unless he has the rights of a holder in due course any person takes the instrument subject to: (a) All valid claims to it on the part of any person; and (b) All defenses of any party which would be available in an action on a simple contract; and (c) The defenses of want or failure of consideration, nonperformance of any condition precedent, nondelivery, or delivery for a special purpose (Code Section 11-3-408); and (d) The defense that he or a person through whom he holds the instrument acquired it by theft, or that payment or satisfaction to such holder would be inconsistent with the terms of a restrictive indorsement. The claim of any third person to the instrument is not otherwise available as a defense to any party liable thereon unless the third person himself defends the action for such party. 11-3-307. Burden of establishing signatures, defenses, and due course. (1) Unless specifically denied in the pleadings each signature on an instrument is admitted. When the effectiveness of a signature is put in issue: (a) The burden of establishing it is on the party claiming under the signature; but (b) The signature is presumed to be genuine or authorized except where the action is to enforce the obligation of a purported signer who has died or become incompetent before proof is required. (2) When signatures are admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defense. (3) After it is shown that a defense exists a person claiming the rights of a holder in due course has the burden of establishing that he or some person under whom he claims is in all respects a holder in due course. PART 4 LIABILITY OF PARTIES 11-3-401. Signature. (1) No person is liable on an instrument unless his signature appears thereon.

Page 1323

(2) A signature is made by use of any name, including any trade or assumed name, upon an instrument, or by any word or mark used in lieu of a written signature. 11-3-402. Signature in ambiguous capacity. Unless the instrument clearly indicates that a signature is made in some other capacity it is an indorsement. 11-3-403. Signature by authorized representative. (1) A signature may be made by an agent or other representative, and his authority to make it may be established as in other cases of representation. No particular form of appointment is necessary to establish such authority. (2) An authorized representative who signs his own name to an instrument: (a) Is personally obligated if the instrument neither names the person represented nor shows that the representative signed in a representative capacity; (b) Except as otherwise established between the immediate parties, is personally obligated if the instrument names the person represented but does not show that the representative signed in a representative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity. (3) Except as otherwise established the name of an organization preceded or followed by the name and office of an authorized individual is a signature made in a representative capacity. 11-3-404. Unauthorized signatures. (1) Any unauthorized signature is wholly inoperative as that of the person whose name is signed unless he ratifies it or is precluded from denying it; but it operates as the signature of the unauthorized signer in favor of any person who in good faith pays the instrument or takes it for value. (2) Any unauthorized signature may be ratified for all purposes of this article. Such ratification does not of itself affect any rights of the person ratifying against the actual signer. 11-3-405. Imposters; signature in name of payee. (1) An indorsement by any person in the name of a named payee is effective if: (a) An impostor by use of the mails or otherwise has induced the maker or drawer to issue the instrument to him or his confederate in the name of the payee; or

Page 1324

(b) A person signing as or on behalf of a maker or drawer intends the payee to have no interest in the instrument; or (c) An agent or employee of the maker or drawer has supplied him with the name of the payee intending the latter to have no such interest. (2) Nothing in this Code section shall affect the criminal or civil liability of the person so indorsing. 11-3-406. Negligence contributing to alteration or unauthorized signature. Any person who by his negligence substantially contributes to a material alteration of the instrument or to the making of an unauthorized signature is precluded from asserting the alteration or lack of authority against a holder in due course or against a drawee or other payor who pays the instrument in good faith and in accordance with the reasonable commercial standards of the drawee's or payor's business. 11-3-407. Alteration. (1) Any alteration of an instrument is material which changes the contract of any party thereto in any respect, including any such change in: (a) The number or relations of the parties; or (b) An incomplete instrument, by completing it otherwise than as authorized; or (c) The writing as signed, by adding to it or by removing any part of it. (2) As against any person other than a subsequent holder in due course: (a) Alteration by the holder which is both fraudulent and material discharges any party whose contract is thereby changed unless that party assents or is precluded from asserting the defense; (b) No other alteration discharges any party and the instrument may be enforced according to its original tenor, or as to incomplete instruments according to the authority given. (3) A subsequent holder in due course may in all cases enforce the instrument according to its original tenor, and when an incomplete instrument has been completed, he may enforce it as completed. 11-3-408. Consideration. Want or failure of consideration is a defense as against any person not having the rights of a holder in due course (Code Section 11-3-305), except that no consideration is necessary for an instrument or obligation thereon given in payment of or as security for an antecedent obligation

Page 1325

of any kind. Nothing in this Code section shall be taken to displace any statute outside this title under which a promise is enforceable notwithstanding lack or failure of consideration. Partial failure of consideration is a defense pro tanto whether or not the failure is in an ascertained or liquidated amount. 11-3-409. Draft not an assignment. (1) A check or other draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it. (2) Nothing in this Code section shall affect any liability in contract, tort, or otherwise arising from any letter of credit or other obligation or representation which is not an acceptance. 11-3-410. Definition and operation of acceptance. (1) Acceptance is the drawee's signed engagement to honor the draft as presented. It must be written on the draft, and may consist of his signature alone. It becomes operative when completed by delivery or notification. (2) A draft may be accepted although it has not been signed by the drawer or is otherwise incomplete or is overdue or has been dishonored. (3) Where the draft is payable at a fixed period after sight and the acceptor fails to date his acceptance the holder may complete it by supplying a date in good faith. 11-3-411. Certification of a check. (1) Certification of a check is acceptance. When a holder procures certification the drawer and all prior indorsers are discharged. (2) Unless otherwise agreed a bank has no obligation to certify a check. (3) A bank may certify a check before returning it for lack of proper indorsement. If it does so the drawer is discharged. 11-3-412. Acceptance varying draft. (1) Where the drawee's proffered acceptance in any manner varies the draft as presented the holder may refuse the acceptance and treat the draft as dishonored in which case the drawee is entitled to have his acceptance cancelled. (2) The terms of the draft are not varied by an acceptance to pay at any particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at such bank or place. (3) Where the holder assents to an acceptance varying the terms of the draft each drawer and indorser who does not affirmatively assent is discharged.

Page 1326

11-3-413. Contract of maker, drawer, and acceptor. (1) The maker or acceptor engages that he will pay the instrument according to its tenor at the time of his engagement or as completed pursuant to Code Section 11-3-115 on incomplete instruments. (2) The drawer engages that upon dishonor of the draft and any necessary notice of dishonor or protest he will pay the amount of the draft to the holder or to any indorser who takes it up. The drawer may disclaim this liability by drawing without recourse. (3) By making, drawing, or accepting the party admits as against all subsequent parties including the drawee the existence of the payee and his then capacity to indorse. 11-3-414. Contract of indorser; order of liability. (1) Unless the indorsement otherwise specifies (as by such words as `without recourse') every indorser engages that upon dishonor and any necessary notice of dishonor and protest he will pay the instrument according to its tenor at the time of his indorsement to the holder or to any subsequent indorser who takes it up, even though the indorser who takes it up was not obligated to do so. (2) Unless they otherwise agree indorsers are liable to one another in the order in which they indorse, which is presumed to be the order in which their signatures appear on the instrument. 11-3-415. Contract of accommodation party. (1) An accommodation party is one who signs the instrument in any capacity for the purpose of lending his name to another party to it. (2) When the instrument has been taken for value before it is due the accommodation party is liable in the capacity in which he has signed even though the taker knows of the accommodation. (3) As against a holder in due course and without notice of the accommodation oral proof of the accommodation is not admissible to give the accommodation party the benefit of discharges dependent on his character as such. In other cases the accommodation character may be shown by oral proof. (4) An indorsement which shows that it is not in the chain of title is notice of its accommodation character. (5) An accommodation party is not liable to the party accommodated, and if he pays the instrument has a right of recourse on the instrument against such party. 11-3-416. Contract of guarantor. (1) `Payment guaranteed' or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due

Page 1327

he will pay it according to its tenor without resort by the holder to any other party. (2) `Collection guaranteed' or equivalent words added to a signature mean that the signer engages that if the instrument is not paid when due he will pay it according to its tenor, but only after the holder has reduced his claim against the maker or acceptor to judgment and execution has been returned unsatisfied, or after the maker or acceptor has become insolvent or it is otherwise apparent that it is useless to proceed against him. (3) Words of guaranty which do not otherwise specify guarantee payment. (4) No words of guaranty added to the signature of a sole maker or acceptor affect his liability on the instrument. Such words added to the signature of one of two or more makers or acceptors create a presumption that the signature is for the accommodation of the others. (5) When words of guaranty are used presentment, notice of dishonor, and protest are not necessary to charge the user. (6) Any guaranty written on the instrument is enforceable notwithstanding any statute of frauds. 11-3-417. Warranties on presentment and transfer. (1) Any person who obtains payment or acceptance and any prior transferor warrants to a person who in good faith pays or accepts that: (a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by a holder in due course acting in good faith: (i) To a maker with respect to the maker's own signature; or (ii) To a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) To an acceptor of a draft if the holder in due course took the draft after the acceptance or obtained the acceptance without knowledge that the drawer's signature was unauthorized; and (c) The instrument has not been materially altered, except that this warranty is not given by a holder in due course acting in good faith: (i) To the maker of a note; or (ii) To the drawer of a draft whether or not the drawer is also the drawee; or

Page 1328

(iii) To the acceptor of a draft with respect to an alteration made prior to the acceptance if the holder in due course took the draft after the acceptance, even though the acceptance provided `payable as originally drawn' or equivalent terms; or (iv) To the acceptor of a draft with respect to an alteration made after the acceptance. (2) Any person who transfers an instrument and receives consideration warrants to his transferee and if the transfer is by indorsement to any subsequent holder who takes the instrument in good faith that: (a) He has a good title to the instrument or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) All signatures are genuine or authorized; and (c) The instrument has not been materially altered; and (d) No defense of any party is good against him; and (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted instrument. (3) By transferring `without recourse' the transferor limits the obligation stated in subsection (2)(d) of this Code section to a warranty that he has no knowledge of such a defense. (4) A selling agent or broker who does not disclose the fact that he is acting only as such gives the warranties provided in this Code section, but if he makes such disclosure warrants only his good faith and authority. 11-3-418. Finality of payment or acceptance. Except for recovery of bank payments as provided in the article on bank deposits and collections (Article 4 of this title) and except for liability for breach of warranty on presentment under Code Section 11-3-417, payment or acceptance of any instrument is final in favor of a holder in due course, or a person who has in good faith changed his position in reliance on the payment. 11-3-419. Conversion of instrument; innocent representative. (1) An instrument is converted when: (a) A drawee to whom it is delivered for acceptance refuses to return it on demand; or (b) Any person to whom it is delivered for payment refuses on demand either to pay or to return it; or

Page 1329

(c) It is paid on a forged indorsement. (2) In an action against a drawee under subsection (1) of this Code section the measure of the drawee's liability is the face amount of the instrument. In any other action under subsection (1) of this Code section the measure of liability is presumed to be the face amount of the instrument. (3) Subject to the provisions of this title concerning restrictive indorsements a representative, including a depositary or collecting bank, who has in good faith and in accordance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner is not liable in conversion or otherwise to the true owner beyond the amount of any proceeds remaining in his hands. (4) An intermediary bank or payor bank which is not a depositary bank is not liable in conversion solely by reason of the fact that proceeds of an item indorsed restrictively (Code Sections 11-3-205 and 11-3-206) are not paid or applied consistently with the restrictive indorsement of an indorser other than its immediate transferor. PART 5 PRESENTMENT, NOTICE OF DISHONOR, AND PROTEST 11-3-501. When presentment, notice of dishonor, and protest necessary or permissible. (1) Unless excused (Code Section 11-3-511) presentment is necessary to charge secondary parties as follows: (a) Presentment for acceptance is necessary to charge the drawer and indorsers of a draft where the draft so provides, or is payable elsewhere than at the residence or place of business of the drawee, or its date of payment depends upon such presentment. The holder may at his option present for acceptance any other draft payable at a stated date; (b) Presentment for payment is necessary to charge any indorser; (c) In the case of any drawer, the acceptor of a draft payable at a bank, or the maker of a note payable at a bank, presentment for payment is necessary, but failure to make presentment discharges such drawer, acceptor, or maker only as stated in Code Section 11-3-502(1)(b). (2) Unless excused (Code Section 11-3-511): (a) Notice of any dishonor is necessary to charge any indorser; (b) In the case of any drawer, the acceptor of a draft payable at a bank, or the maker of a note payable at a bank, notice of any dishonor is necessary, but failure to give such notice discharges such drawer, acceptor, or maker only as stated in Code Section 11-3-502(1)(b).

Page 1330

(3) Unless excused (Code Section 11-3-511) protest of any dishonor is necessary to charge the drawer and indorsers of any draft which on its face appears to be drawn or payable outside of the states and territories of the United States and the District of Columbia. The holder may at his option make protest of any dishonor of any other instrument and in the case of a foreign draft may on insolvency of the acceptor before maturity make protest for better security. (4) Notwithstanding any provision of this Code section, neither presentment nor notice of dishonor nor protest is necessary to charge an indorser who has indorsed an instrument after maturity. 11-3-502. Unexcused delay; discharge. (1) Where without excuse any necessary presentment or notice of dishonor is delayed beyond the time when it is due: (a) Any indorser is discharged; and (b) Any drawer or the acceptor of a draft payable at a bank or the maker of a note payable at a bank who because the drawee or payor bank becomes insolvent during the delay is deprived of funds maintained with the drawee or payor bank to cover the instrument may discharge his liability by written assignment to the holder of his rights against the drawee or payor bank in respect of such funds, but such drawer, acceptor, or maker is not otherwise discharged. (2) Where without excuse a necessary protest is delayed beyond the time when it is due any drawer or indorser is discharged. 11-3-503. Time of presentment. (1) Unless a different time is expressed in the instrument the time for any presentment is determined as follows: (a) Where an instrument is payable at or a fixed period after a stated date any presentment for acceptance must be made on or before the date it is payable; (b) Where an instrument is payable after sight it must either be presented for acceptance or negotiated within a reasonable time after date or issue whichever is later; (c) Where an instrument shows the date on which it is payable presentment for payment is due on that date; (d) Where an instrument is accelerated presentment for payment is due within a reasonable time after the acceleration; (e) With respect to the liability of any secondary party presentment for acceptance or payment of any other instrument is due within a reasonable time after such party becomes liable thereon.

Page 1331

(2) A reasonable time for presentment is determined by the nature of the instrument, any usage of banking or trade, and the facts of the particular case. In the case of an uncertified check which is drawn and payable within the United States and which is not a draft drawn by a bank the following are presumed to be reasonable periods within which to present for payment or to initiate bank collection: (a) With respect to the liability of the drawer, 30 days after date or issue whichever is later; and (b) With respect to the liability of an indorser, seven days after his indorsement. (3) Where any presentment is due on a day which is not a full business day for either the person making presentment or the party to pay or accept, presentment is due on the next following day which is a full business day for both parties. (4) Presentment to be sufficient must be made at a reasonable hour, and if at a bank during its banking day. 11-3-504. How presentment made. (1) Presentment is a demand for acceptance or payment made upon the maker, acceptor, drawee, or other payor by or on behalf of the holder. (2) Presentment may be made: (a) By mail, in which event the time of presentment is determined by the time of receipt of the mail; or (b) Through a clearing-house; or (c) At the place of acceptance or payment specified in the instrument or if there be none at the place of business or residence of the party to accept or pay. If neither the party to accept or pay nor anyone authorized to act for him is present or accessible at such place presentment is excused. (3) It may be made: (a) To any one of two or more makers, acceptors, drawees, or other payors; or (b) To any person who has authority to make or refuse the acceptance or payment. (4) It may be made as provided in Code Section 11-4-204; except as provided in that Code section, a draft accepted or a note made payable at a bank in the United States must be presented at such bank. (5) In the cases described in Code Section 11-4-210 presentment may be made in the manner and with the result stated in that Code section.

Page 1332

11-3-505. Rights of party to whom presentment is made. (1) The party to whom presentment is made may without dishonor require: (a) Exhibition of the instrument; and (b) Reasonable identification of the person making presentment and evidence of his authority to make it if made for another; and (c) That the instrument be produced for acceptance or payment at a place specified in it, or if there be none at any place reasonable in the circumstances; and (d) A signed receipt on the instrument for any partial or full payment and its surrender upon full payment. (2) Failure to comply with any such requirement invalidates the presentment but the person presenting has a reasonable time in which to comply and the time for acceptance or payment runs from the time of compliance. 11-3-506. Time allowed for acceptance or payment. (1) Acceptance may be deferred without dishonor until the close of the next business day following presentment. The holder may also in a good faith effort to obtain acceptance and without either dishonor of the instrument or discharge of secondary parties allow postponement of acceptance for an additional business day. (2) Except as a longer time is allowed in the case of documentary drafts drawn under a letter of credit, and unless an earlier time is agreed to by the party to pay, payment of an instrument may be deferred without dishonor pending reasonable examination to determine whether it is properly payable, but payment must be made in any event before the close of business on the day of presentment. 11-3-507. Dishonor; holder's right of recourse; term allowing re-presentment. (1) An instrument is dishonored when: (a) A necessary or optional presentment is duly made and due acceptance or payment is refused or cannot be obtained within the prescribed time or in case of bank collections the instrument is seasonably returned by the midnight deadline (Code Section 11-4-301); or (b) Presentment is excused and the instrument is not duly accepted or paid. (2) Subject to any necessary notice of dishonor and protest, the holder has upon dishonor an immediate right of recourse against the drawers and indorsers.

Page 1333

(3) Return of an instrument for lack of proper indorsement is not dishonor. (4) A term in a draft or an indorsement thereof allowing a stated time for re-presentment in the event of any dishonor of the draft by nonacceptance if a time draft or by nonpayment if a sight draft gives the holder as against any secondary party bound by the term an option to waive the dishonor without affecting the liability of the secondary party and he may present again up to the end of the stated time. 11-3-508. Notice of dishonor. (1) Notice of dishonor may be given to any person who may be liable on the instrument by or on behalf of the holder or any party who has himself received notice, or any other party who can be compelled to pay the instrument. In addition an agent or bank in whose hands the instrument is dishonored may give notice to his principal or customer or to another agent or bank from which the instrument was received. (2) Any necessary notice must be given by a bank before its midnight deadline and by any other person before midnight of the third business day after dishonor or receipt of notice of dishonor. (3) Notice may be given in any reasonable manner. It may be oral or written and in any terms which identify the instrument and state that it has been dishonored. A misdescription which does not mislead the party notified does not vitiate the notice. Sending the instrument bearing a stamp, ticket, or writing stating that acceptance or payment has been refused or sending a notice of debit with respect to the instrument is sufficient. Upon request of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement. (4) Written notice is given when sent although it is not received. (5) Notice to one partner is notice to each although the firm has been dissolved. (6) When any party is in insolvency proceedings instituted after the issue of the instrument notice may be given either to the party or to the representative of his estate. (7) When any party is dead or incompetent notice may be sent to his last known address or given to his personal representative. (8) Notice operates for the benefit of all parties who have rights on the instrument against the party notified. 11-3-509. Protest; noting for protest. (1) A protest is a certificate of dishonor made under the hand and seal of a United States consul or vice consul or a notary public or other

Page 1334

person authorized to certify dishonor by the law of the place where dishonor occurs. It may be made upon information satisfactory to such person. (2) The protest must identify the instrument and certify either that due presentment has been made or the reason why it is excused and that the instrument has been dishonored by nonacceptance or nonpayment. (3) The protest may also certify that notice of dishonor has been given to all parties or to specified parties. (4) Subject to subsection (5) of this Code section any necessary protest is due by the time that notice of dishonor is due. (5) If, before protest is due, an instrument has been noted for protest by the officer to make protest, the protest may be made at any time thereafter as of the date of the noting. 11-3-510. Evidence of dishonor and notice of dishonor. The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor therein shown: (a) A document regular in form as provided in Code Section 11-3-509 which purports to be a protest; (b) The purported stamp or writing of the drawee, payor bank, or presenting bank on the instrument or accompanying it stating that acceptance or payment has been refused for reasons consistent with dishonor; (c) Any book or record of the drawee, payor bank, or any collecting bank kept in the usual course of business which shows dishonor, even though there is no evidence of who made the entry. 11-3-511. Waived or excused presentment, protest, or notice of dishonor or delay therein. (1) Delay in presentment, protest, or notice of dishonor is excused when the party is without notice that it is due or when the delay is caused by circumstances beyond his control and he exercises reasonable diligence after the cause of the delay ceases to operate. (2) Presentment or notice or protest as the case may be is entirely excused when: (a) The party to be charged has waived it expressly or by implication either before or after it is due; or (b) Such party has himself dishonored the instrument or has countermanded payment or otherwise has no reason to expect or right to require that the instrument be accepted or paid; or

Page 1335

(c) By reasonable diligence the presentment or protest cannot be made or the notice given. (3) Presentment is also entirely excused when: (a) The maker, acceptor, or drawee of any instrument except a documentary draft is dead or in insolvency proceedings instituted after the issue of the instrument; or (b) Acceptance or payment is refused but not for want of proper presentment. (4) Where a draft has been dishonored by nonacceptance a later presentment for payment and any notice of dishonor and protest for nonpayment are excused unless in the meantime the instrument has been accepted. (5) A waiver of protest is also a waiver of presentment and of notice of dishonor even though protest is not required. (6) Where a waiver of presentment or notice or protest is embodied in the instrument itself it is binding upon all parties; but where it is written above the signature of an indorser it binds him only. PART 6 DISCHARGE 11-3-601. Discharge of parties. (1) The extent of the discharge of any party from liability on an instrument is governed by the Code sections on: (a) Payment or satisfaction (Code Section 11-3-603); or (b) Tender of payment (Code Section 11-3-604); or (c) Cancellation or renunciation (Code Section 11-3-605); or (d) Impairment of right of recourse or of collateral (Code Section 11-3-606); or (e) Reacquisition of the instrument by a prior party (Code Section 11-3-208); or (f) Fraudulent and material alteration (Code Section 11-3-407); or (g) Certification of a check (Code Section 11-3-411); or (h) Acceptance varying a draft (Code Section 11-3-412); or (i) Unexcused delay in presentment or notice of dishonor or protest (Code Section 11-3-502). (2) Any party is also discharged from his liability on an instrument to another party by any other act or agreement with such party which would discharge his simple contract for the payment of money.

Page 1336

(3) The liability of all parties is discharged when any party who has himself no right of action or recourse on the instrument: (a) Reacquires the instrument in his own right; or (b) Is discharged under any provision of this article, except as otherwise provided with respect to discharge for impairment of recourse or of collateral (Code Section 11-3-606). 11-3-602. Effect of discharge against holder in due course. No discharge of any party provided by this article is effective against a subsequent holder in due course unless he has notice thereof when he takes the instrument. 11-3-603. Payment or satisfaction. (1) The liability of any party is discharged to the extent of his payment or satisfaction to the holder even though it is made with knowledge of a claim of another person to the instrument unless prior to such payment or satisfaction the person making the claim either supplies indemnity deemed adequate by the party seeking the discharge or enjoins payment or satisfaction by order of a court of competent jurisdiction in an action in which the adverse claimant and the holder are parties. This subsection does not, however, result in the discharge of the liability: (a) Of a party who in bad faith pays or satisfies a holder who acquired the instrument by theft or who (unless having the rights of a holder in due course) holds through one who so acquired it; or (b) Of a party (other than an intermediary bank or a payor bank which is not a depositary bank) who pays or satisfies the holder of an instrument which has been restrictively indorsed in a manner not consistent with the terms of such restrictive indorsement. (2) Payment or satisfaction may be made with the consent of the holder by any person including a stranger to the instrument. Surrender of the instrument to such a person gives him the rights of a transferee (Code Section 11-3-201). (3) Notwithstanding any other provisions of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is authorized to pay the assignor until the assignee or its authorized agent sends a registered or certified letter to the maker or drawer at his last known address notifying him that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification which does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee must furnish reasonable proof that the assignment has been made and unless he does so the maker or drawer may pay the assignor.

Page 1337

11-3-604. Tender of payment. (1) Any party making tender of full payment to a holder when or after it is due is discharged to the extent of all subsequent liability for interest, costs, and attorney's fees. (2) The holder's refusal of such tender wholly discharges any party who has a right of recourse against the party making the tender. (3) Where the maker or acceptor of an instrument payable otherwise than on demand is able and ready to pay at every place of payment specified in the instrument when it is due, it is equivalent to tender. 11-3-605. Cancellation and renunciation. (1) The holder of an instrument may even without consideration discharge any party: (a) In any manner apparent on the face of the instrument or the indorsement, as by intentionally cancelling the instrument or the party's signature by destruction or mutilation, or by striking out the party's signature; or (b) By renouncing his rights by a writing signed and delivered or by surrender of the instrument to the party to be discharged. (2) Neither cancellation nor renunciation without surrender of the instrument affects the title thereto. 11-3-606. Impairment of recourse or of collateral. (1) The holder discharges any party to the instrument to the extent that without such party's consent the holder: (a) Without express reservation of rights releases or agrees not to sue any person against whom the party has to the knowledge of the holder a right of recourse or agrees to suspend the right to enforce against such person the instrument or collateral or otherwise discharges such person, except that failure or delay in effecting any required presentment, protest, or notice of dishonor with respect to any such person does not discharge any party as to whom presentment, protest, or notice of dishonor is effective or unnecessary; or (b) Unjustifiably impairs any collateral for the instrument given by or on behalf of the party or any person against whom he has a right of recourse. (2) By express reservation of rights against a party with a right of recourse the holder preserves: (a) All his rights against such party as of the time when the instrument was originally due; and (b) The right of the party to pay the instrument as of that time; and

Page 1338

(c) All rights of such party to recourse against others. PART 7 ADVICE OF INTERNATIONAL SIGHT DRAFT 11-3-701. Letter of advice of international sight draft. (1) A `letter of advice' is a drawer's communication to the drawee that a described draft has been drawn. (2) Unless otherwise agreed when a bank receives from another bank a letter of advice of an international sight draft the drawee bank may immediately debit the drawer's account and stop the running of interest pro tanto. Such a debit and any resulting credit to any account covering outstanding drafts leaves in the drawer full power to stop payment or otherwise dispose of the amount and creates no trust or interest in favor of the holder. (3) Unless otherwise agreed and except where a draft is drawn under a credit issued by the drawee, the drawee of an international sight draft owes the drawer no duty to pay an unadvised draft, but if it does so and the draft is genuine, may appropriately debit the drawer's account. PART 8 MISCELLANEOUS 11-3-801. Drafts in a set. (1) Where a draft is drawn in a set of parts, each of which is numbered and expressed to be an order only if no other part has been honored, the whole of the parts constitutes one draft but a taker of any part may become a holder in due course of the draft. (2) Any person who negotiates, indorses, or accepts a single part of a draft drawn in a set thereby becomes liable to any holder in due course of that part as if it were the whole set, but as between different holders in due course to whom different parts have been negotiated the holder whose title first accrues has all rights to the draft and its proceeds. (3) As against the drawee the first presented part of a draft drawn in a set is the part entitled to payment, or if a time draft to acceptance and payment. Acceptance of any subsequently presented part renders the drawee liable thereon under subsection (2) of this Code section. With respect both to a holder and to the drawer payment of a subsequently presented part of a draft payable at sight has the same effect as payment of a check notwithstanding an effective stop order (Code Section 11-4-407). (4) Except as otherwise provided in this Code section, where any part of a draft in a set is discharged by payment or otherwise the whole draft is discharged.

Page 1339

11-3-802. Effect of instrument on obligation for which it is given. (1) Unless otherwise agreed where an instrument is taken for an underlying obligation: (a) The obligation is pro tanto discharged if a bank is drawer, maker, or acceptor of the instrument and there is no recourse on the instrument against the underlying obligor; and (b) In any other case the obligation is suspended pro tanto until the instrument is due or if it is payable on demand until its presentment. If the instrument is dishonored action may be maintained on either the instrument or the obligation; discharge of the underlying obligor on the instrument also discharges him on the obligation. (2) The taking in good faith of a check which is not postdated does not of itself so extend the time on the original obligation as to discharge a surety. 11-3-803. Notice to third party. Where a defendant is sued for breach of an obligation for which a third person is answerable over under this article he may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over to him under this article. If the notice states that the person notified may come in and defend and that if the person notified does not do so he will in any action against him by the person giving the notice be bound by any determination of fact common to the two litigations, then unless after seasonable receipt of the notice the person notified does come in and defend he is so bound. 11-3-804. Lost, destroyed, or stolen instruments. The owner of an instrument which is lost, whether by destruction, theft, or otherwise, may maintain an action in his own name and recover from any party liable thereon upon due proof of his ownership, the facts which prevent his production of the instrument and its terms. The court may require security indemnifying the defendant against loss by reason of further claims on the instrument. 11-3-805. Instruments not payable to order or to bearer. This article applies to any instrument whose terms do not preclude transfer and which is otherwise negotiable within this article but which is not payable to order or to bearer, except that there can be no holder in due course of such an instrument., and inserting in lieu thereof a new Article 3 to read as follows:

Page 1340

ARTICLE 3 NEGOTIABLE INSTRUMENTS PART 1 GENERAL PROVISIONS AND DEFINITIONS 11-3-101. Short title. This article may be cited as `Uniform Commercial Code Negotiable Instruments.' 11-3-102. Subject matter. (a) This article applies to negotiable instruments. It does not apply to money, to payment orders governed by Article 4A of this title, or to securities governed by Article 8 of this title. (b) If there is conflict between this article and Article 4 or 9 of this title, Articles 4 and 9 of this title govern. (c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this article to the extent of the inconsistency. 11-3-103. Definitions. (a) In this article: (1) `Acceptor' means a drawee who has accepted a draft. (2) `Drawee' means a person ordered in a draft to make payment. (3) `Drawer' means a person who signs or is identified in a draft as a person ordering payment. (4) `Good faith' means honesty in fact and the observance of reasonable commercial standards of fair dealing. (5) `Maker' means a person who signs or is identified in a note as a person undertaking to pay. (6) `Order' means a written instruction to pay money signed by the person giving the instruction. The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay. (7) `Ordinary care' in the case of a person engaged in business means observance of reasonable commercial standards, prevailing in the area in which the person is located, with respect to the business in which the person is engaged. In the case of a bank that takes an instrument for processing for collection or payment by automated means, reasonable

Page 1341

commercial standards do not require the bank to examine the instrument if the failure to examine does not violate the bank's prescribed procedures and the bank's procedures do not vary unreasonably from general banking usage not disapproved by this article or Article 4 of this title. (8) `Party' means a party to an instrument. (9) `Promise' means a written undertaking to pay money signed by the person undertaking to pay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation. (10) `Prove' with respect to a fact means to meet the burden of establishing the fact as `burden of establishing' is defined in subsection (8) of Code Section 11-1-201. (11) `Remitter' means a person who purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. (b) Other definitions applying to this article and the Code sections in which they appear are: `Acceptance.' Code Section 11-3-409. `Accommodated party.' Code Section 11-3-419. `Accommodation party.' Code Section 11-3-419. `Alteration.' Code Section 11-3-407. `Anomalous indorsement.' Code Section 11-3-205. `Blank indorsement.' Code Section 11-3-205. `Cashier's check.' Code Section 11-3-104. `Certificate of deposit.' Code Section 11-3-104. `Certified check.' Code Section 11-3-409. `Check.' Code Section 11-3-104. `Consideration.' Code Section 11-3-303. `Draft.' Code Section 11-3-104. `Holder in due course.' Code Section 11-3-302. `Incomplete instrument.' Code Section 11-3-115. `Indorsement.' Code Section 11-3-204. `Indorser.' Code Section 11-3-204. `Instrument.' Code Section 11-3-104.

Page 1342

`Issue.' Code Section 11-3-105. `Issuer.' Code Section 11-3-105. `Negotiable instrument.' Code Section 11-3-104. `Negotiation.' Code Section 11-3-201. `Note.' Code Section 11-3-104. `Payable at a definite time.' Code Section 11-3-108. `Payable on demand.' Code Section 11-3-108. `Payable to bearer.' Code Section 11-3-109. `Payable to order.' Code Section 11-3-109. `Payment.' Code Section 11-3-602. `Person entitled to enforce.' Code Section 11-3-301. `Presentment.' Code Section 11-3-501. `Reacquisition.' Code Section 11-3-207. `Special indorsement.' Code Section 11-3-205. `Teller's check.' Code Section 11-3-104. `Transfer of instrument.' Code Section 11-3-203. `Traveler's check.' Code Section 11-3-104. `Value.' Code Section 11-3-303. (c) The following definitions in other articles apply to this article: `Bank.' Code Section 11-4-105. `Banking day.' Code Section 11-4-104. `Clearing house.' Code Section 11-4-104. `Collecting bank.' Code Section 11-4-105. `Depositary bank.' Code Section 11-4-105. `Documentary draft.' Code Section 11-4-104. `Intermediary bank.' Code Section 11-4-105. `Item.' Code Section 11-4-104. `Payor bank.' Code Section 11-4-105.

Page 1343

`Suspends payments.' Code Section 11-4-104. (d) In addition, Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article. 11-3-104. Negotiable instrument. (a) Except as provided in subsections (c) and (d) of this Code section, `negotiable instrument' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (1) Is payable to bearer or to order at the time it is issued or first comes into possession of a holder; (2) Is payable on demand or at a definite time; and (3) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain: (i) An undertaking or power to give, maintain, or protect collateral to secure payment, (ii) An authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) A waiver of the benefit of any law intended for the advantage or protection of an obligor. (b) `Instrument' means a negotiable instrument. (c) An order that meets all of the requirements of subsection (a) of this Code section, except paragraph (1) of subsection (a) of this Code section, and otherwise falls within the definition of`check' in subsection (f) of this Code section is a negotiable instrument and a check. (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this article. (e) An instrument is a `note' if it is a promise and is a `draft' if it is an order. If an instrument falls within the definition of both `note' and `draft,' a person entitled to enforce the instrument may treat it as either. (f) `Check' means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank; or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as `money order.'

Page 1344

(g) `Cashier's check' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank. (h) `Teller's check' means a draft drawn by a bank (i) on another bank; or (ii) payable at or through a bank. (i) `Traveler's check' means an instrument that (i) is payable on demand; (ii) is drawn on or payable at or through a bank; (iii) is designated by the term 'traveler's check' or by a substantially similar term; and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument. (j) `Certificate of deposit' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank. 11-3-105. Issue of instrument. (a) `Issue' means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person. (b) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense. (c) `Issuer' applies to issued and unissued instruments and means a maker or drawer of an instrument. 11-3-106. Unconditional promise or order. (a) Except as provided in this Code section, for the purposes of subsection (a) of Code Section 11-3-104, a promise or order is unconditional unless it states (i) an express condition to payment; (ii) that the promise or order is subject to or governed by another writing; or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional. (b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration; or (ii) because payment is limited to resort to a particular fund or source. (c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of subsection (a) of Code Section 11-3-104. If the person whose specimen signature appears on an instrument fails

Page 1345

to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument. (d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of subsection (a) of Code Section 11-3-104; but, if the promise or order is an instrument, there cannot be a holder in due course of the instrument. 11-3-107. Instrument payable in foreign money. Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid. 11-3-108. Payable on demand or at definite time. (a) A promise or order is `payable on demand' if it (i) states that it is payable on demand or at sight, or otherwise indicates that it is payable at the will of the holder; or (ii) does not state any time of payment. (b) A promise or order is `payable at a definite time' if it is payable upon the elapse of a definite period of time after sight or acceptance or at a fixed date or dates or at a time or times readily ascertainable at the time the promise or order is issued, subject to rights of (i) prepayment; (ii) acceleration; (iii) extension at the option of the holder; or (iv) extension to a further definite time at the option of the maker or acceptor or automatically upon or after a specified act or event. (c) If an instrument payable, at a fixed date, is also payable upon demand made before the fixed date, the instrument is payable on demand until the fixed date and, if demand for payment is not made before that date, becomes payable at a definite time on the fixed date. 11-3-109. Payable to bearer or to order. (a) A promise or order is payable to bearer if it: (1) States that it is payable to bearer or to the order of bearer or otherwise indicates that the person in possession of the promise or order is entitled to payment; (2) Does not state a payee; or (3) States that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.

Page 1346

(b) A promise or order that is not payable to bearer is payable to order if it is payable to (i) the order of an identified person; or (ii) an identified person or order. A promise or order that is payable to order is payable to the identified person. (c) An instrument payable to bearer may become payable to an identified person if it is specially indorsed pursuant to subsection (a) of Code Section 11-3-205. An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to subsection (b) of Code Section 11-3-205. 11-3-110. Identification of person to whom instrument is payable. (a) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers. (b) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so. (c) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply: (1) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number. (2) If an instrument is payable to: (i) A trust, an estate, or a person described as trustee or representative of a trust or estate, the instrument is payable to the trustee, the representative, or a successor of either, whether or not the beneficiary or estate is also named; (ii) A person described as agent or similar representative of a named or identified person, the instrument is payable to the represented person, the representative, or a successor of the representative;

Page 1347

(iii) A fund or organization that is not a legal entity, the instrument is payable to a representative of the members of the fund or organization; or (iv) An office or to a person described as holding an office, the instrument is payable to the named person, the incumbent of the office, or a successor to the incumbent. (d) If an instrument is payable to two or more persons alternatively, it is payable to any of them and may be negotiated, discharged, or enforced by any or all of them in possession of the instrument. If an instrument is payable to two or more persons not alternatively, it is payable to all of them and may be negotiated, discharged, or enforced only by all of them. If an instrument payable to two or more persons is ambiguous as to whether it is payable to the persons alternatively, the instrument is payable to the persons alternatively. 11-3-111. Place of payment. Except as otherwise provided for items in Article 4 of this title, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker. 11-3-112. Interest. (a) Unless otherwise provided in the instrument (i) an instrument is not payable with interest; and (ii) interest on an interest-bearing instrument is payable from the date of the instrument. (b) Interest may be stated in an instrument as a fixed or variable amount of money or it may be expressed as a fixed or variable rate or rates. The amount or rate of interest may be stated or described in the instrument in any manner and may require reference to information not contained in the instrument. If an instrument provides for interest, but the amount of interest payable cannot be ascertained from the description, interest is payable at the judgment rate in effect at the place of payment of the instrument and at the time interest first accrues. 11-3-113. Date of instrument. (a) An instrument may be antedated or postdated. The date stated determines the time of payment if the instrument is payable at a fixed period after date. Except as provided in subsection (c) of Code Section

Page 1348

11-4-401, an instrument payable on demand is not payable before the date of the instrument. (b) If an instrument is undated, its date is the date of its issue or, in the case of an unissued instrument, the date it first comes into possession of a holder. 11-3-114. Contradictory terms of instrument. If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers. 11-3-115. Incomplete instrument. (a) `Incomplete instrument' means a signed writing, whether or not issued by the signer, the contents of which show at the time of signing that it is incomplete but that the signer intended it to be completed by the addition of words or numbers. (b) Subject to subsection (c) of this Code section, if an incomplete instrument is an instrument under Code Section 11-3-104, it may be enforced according to its terms if it is not completed, or according to its terms as augmented by completion. If an incomplete instrument is not an instrument under Code Section 11-3-104, but, after completion, the requirements of Code Section 11-3-104 are met, the instrument may be enforced according to its terms as augmented by completion. (c) If words or numbers are added to an incomplete instrument without authority of the signer, there is an alteration of the incomplete instrument under Code Section 11-3-407. (d) The burden of establishing that words or numbers were added to an incomplete instrument without authority of the signer is on the person asserting the lack of authority. 11-3-116. Joint and several liability; contribution. (a) Except as otherwise provided in the instrument, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign. (b) Except as provided in subsection (e) of Code Section 11-3-419 or by agreement of the affected parties, a party having joint and several liability who pays the instrument is entitled to receive from any party having the same joint and several liability contribution in accordance with applicable law. (c) Discharge of one party having joint and several liability by a person entitled to enforce the instrument does not affect the right under

Page 1349

subsection (b) of this Code section of a party having the same joint and several liability to receive contribution from the party discharged. 11-3-117. Other agreements affecting instrument. Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation. 11-3-118. Statute of limitations. (a) Except as provided in subsection (e) of this Code section, an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within six years after the due date or dates stated in the note or, if a due date is accelerated, within six years after the accelerated due date. (b) Except as provided in subsection (d) or (e) of this Code section, if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within six years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of ten years. (c) Except as provided in subsection (d) of this Code section, an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within three years after dishonor of the draft or ten years after the date of the draft, whichever period expires first. (d) An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check, or traveler's check must be commenced within three years after demand for payment is made to the acceptor or issuer, as the case may be. (e) An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within six years after demand for payment is made to the maker, but if the instrument states a due date and the maker is not required to pay before that date, the six-year period begins when a demand for payment is in effect and the due date has passed. (f) An action to enforce the obligation of a party to pay an accepted draft, other than a certified check, must be commenced within (i) six years after the due date or dates stated in the draft or acceptance if the

Page 1350

obligation of the acceptor is payable at a definite time; or (ii) six years after the date of the acceptance if the obligation of the acceptor is payable on demand. (g) Unless governed by other law regarding claims for indemnity or contribution, an action (i) for conversion of an instrument, for money had and received, or like action based on conversion; (ii) for breach of warranty; or (iii) to enforce an obligation, duty, or right arising under this article and not governed by this Code section, must be commenced within three years after the cause of action accrues. (h) This Code section does not apply to sealed instruments, which are governed by the provisions of Code Section 9-3-23. 11-3-119. Notice of right to defend action. In an action for breach of an obligation for which a third person is answerable over pursuant to this article or Article 4 of this title, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states that (i) the person notified may come in and defend; and (ii) failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend. PART 2 NEGOTIATION, TRANSFER, AND INDORSEMENT 11-3-201. Negotiation. (a) `Negotiation' means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder. (b) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. 11-3-202. Negotiation subject to rescission. (a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity; (ii) by fraud, duress, or mistake; or (iii) in breach of duty or as part of an illegal transaction. (b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying

Page 1351

the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy. 11-3-203. Transfer of instrument; rights acquired by transfer. (a) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. (b) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire the rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. (c) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. (d) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this article and has only the rights of a partial assignee. 11-3-204. Indorsement. (a) 'Indorsement' means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument; (ii) restricting payment of the instrument; or (iii) incurring indorser's liability on the instrument; but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument. (b) `Indorser' means a person who makes an indorsement. (c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument. (d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.

Page 1352

11-3-205. Special indorsement; blank indorsement; anomalous indorsement. (a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a `special indorsement.' When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in Code Section 11-3-110 apply to special indorsements. (b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a `blank indorsement.' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed. (c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable. (d) `Anomalous indorsement' means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated. 11-3-206. Restrictive indorsement. (a) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement which is described in subsection (b) of Code Section 11-4-201, an indorsement in blank, or an indorsement to a particular bank using the words `for deposit,' `for collection,' or other words indicating a purpose of having the instrument collected by a bank for the indorser or for a particular account, the following rules apply: (1) A person, other than a bank, who purchases the instrument when so indorsed converts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement; (2) A depositary bank that purchases the instrument or takes it for collection when so indorsed converts the instrument unless the

Page 1353

amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorsement; (3) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement; and (4) Except as otherwise provided in paragraph (3) of this subsection, a payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement. (d) Except for an indorsement covered by subsection (c) of this Code section, if an instrument bears an indorsement using words to the effect that payment is to be made to the indorsee as agent, trustee, or other fiduciary for the benefit of the indorser or another person, the following rules apply: (1) Unless there is notice of breach of fiduciary duty as provided in Code Section 11-3-307, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser; and (2) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty. (e) The presence on an instrument of an indorsement to which this Code section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (c) of this Code section or has notice or knowledge of breach of fiduciary duty as stated in subsection (d) of this Code section. (f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this Code section applies and the payment is not permitted by this Code section. 11-3-207. Reacquisition. Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the

Page 1354

instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder. PART 3 ENFORCEMENT OF INSTRUMENTS 11-3-301. Person entitled to enforce instrument. `Person entitled to enforce' an instrument means (i) the holder of the instrument; (ii) a nonholder in possession of the instrument who has the rights of a holder; or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Code Section 11-3-309 or subsection (d) of Code Section 11-3-418. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument. 11-3-302. Holder in due course. (a) Subject to subsection (c) of this Code section and subsection (d) of Code Section 11-3-106, `holder in due course' means the holder of an instrument if: (1) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and (2) The holder took the instrument: (i) For value; (ii) In good faith; (iii) Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series; (iv) Without notice that the instrument contains an unauthorized signature or has been altered; (v) Without notice of any claim to the instrument described in Code Section 11-3-306; and (vi) Without notice that any party has a defense or claim in recoupment described in subsection (a) of Code Section 11-3-305. (b) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (a) of this Code section, but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of

Page 1355

a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument. (c) Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken (i) by legal process or by purchase in an execution, bankruptcy, or creditor's sale or similar proceeding; (ii) by purchase as part of a bulk transaction not in ordinary course of business of the transferor; or (iii) as the successor in interest to an estate or other organization. (d) If, under paragraph (1) of subsection (a) of Code Section 11-3-303, the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance. (e) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured. (f) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it. (g) This Code section is subject to any law limiting status as a holder in due course in particular classes of transactions. 11-3-303. Value and consideration. (a) An instrument is issued or transferred for value if: (1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed; (2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding; (3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due; (4) The instrument is issued or transferred in exchange for a negotiable instrument; or (5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

Page 1356

(b) `Consideration' means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a) of this Code section, the instrument is also issued for consideration. 11-3-304. Overdue instrument. (a) An instrument payable on demand becomes overdue at the earliest of the following times: (1) On the day after the day demand for payment is duly made; (2) If the instrument is a check, 90 days after its date; or (3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade. (b) With respect to an instrument payable at a definite time the following rules apply: (1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured; (2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date; or (3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date. (c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal. 11-3-305. Defenses and claims in recoupment. (a) Except as stated in subsection (b) of this Code section, the right to enforce the obligation of a party to pay an instrument is subject to the following: (1) A defense of the obligor based on: (i) Infancy of the obligor to the extent it is a defense to a simple contract;

Page 1357

(ii) Duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor;, (iii) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms; or (iv) Discharge of the obligor in insolvency proceedings; (2) A defense of the obligor stated in another section of this article or a defense of the obligor that would be available if the person entitled to enforce the instrument were enforcing a right to payment under a simple contract; and (3) A claim in recoupment of the obligor against the original payee of the instrument if the claim arose from the transaction that gave rise to the instrument; but the claim of the obligor may be asserted against a transferee of the instrument only to reduce the amount owing on the instrument at the time the action is brought. (b) The right of a holder in due course to enforce the obligation of a party to pay the instrument is subject to defenses of the obligor stated in paragraph (1) of subsection (a) of this Code section, but is not subject to defenses of the obligor stated in paragraph (2) of subsection (a) of this Code section or claims in recoupment stated in paragraph (3) of subsection (a) of this Code section against a person other than the holder. (c) Except as stated in subsection (d) of this Code section, in an action to enforce the obligation of a party to pay the instrument, the obligor may not assert against the person entitled to enforce the instrument a defense, claim in recoupment, or claim to the instrument of another person pursuant to Code Section 11-3-306, but the other person's claim to the instrument may be asserted by the obligor if the other person is joined in the action and personally asserts the claim against the person entitled to enforce the instrument. An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder in due course and the obligor proves that the instrument is a lost or stolen instrument. (d) In an action to enforce the obligation of an accommodation party to pay an instrument, the accommodation party may assert against the person entitled to enforce the instrument any defense or claim in recoupment under subsection (a) of this Code section that the accommodated party could assert against the person entitled to enforce the instrument, except the defenses of discharge in insolvency proceedings, infancy, and lack of legal capacity. 11-3-306. Claims to an instrument. A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory

Page 1358

right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument. 11-3-307. Notice of breach of fiduciary duty. (a) In this Code section: (1) `Fiduciary' means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument; and (2) `Represented person' means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph (1) of subsection (a) of this Code section is owed. (b) If an instrument is taken from a fiduciary for payment or collection or for value, the taker has knowledge of the fiduciary status of the fiduciary, and the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply: (1) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person; and (2) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is: (i) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary; (ii) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or (iii) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person; (3) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty; and (4) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is: (i) Taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary; (ii) Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

Page 1359

(iii) Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. 11-3-308. Proof of signatures and status as holder in due course. (a) In an action with respect to an instrument, the authenticity of and authority to make each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under subsection (a) of Code Section 11-3-402. (b) If the validity of signatures is admitted or proved and there is compliance with subsection (a) of this Code section, a plaintiff producting the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Code Section 11-3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim. 11-3-309. Enforcement of lost, destroyed, or stolen instrument. (a) A person not in possession of an instrument is entitled to enforce the instrument if (i) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred; (ii) the loss of possession was not the result of a transfer by the person or a lawful seizure; and (iii) the person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. (b) A person seeking enforcement of an instrument under subsection (a) of this Code section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, Code Section 11-3-308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

Page 1360

11-3-310. Effect of instrument on obligation for which taken. (a) Unless otherwise agreed, if a certified check, cashier's check, or teller's check is taken for an obligation, the obligation is discharged to the same extent discharge would result if an amount of money equal to the amount of the instrument were taken in payment of the obligation. Discharge of the obligation does not affect any liability that the obligor may have as an indorser of the instrument. (b) Unless otherwise agreed and except as provided in subsection (a) of this Code section, if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the instrument were taken, and the following rules apply: (1) In the case of an uncertified check, suspension of the obligation continues until dishonor of the check or until it is paid or certified. Payment or certification of the check results in discharge of the obligation to the extent of the amount of the check; (2) In the case of a note, suspension of the obligation continues until dishonor of the note or until it is paid. Payment of the note results in discharge of the obligation to the extent of the payment; (3) Except as provided in paragraph (4) of this subsection, if the check or note is dishonored and the obligee of the obligation for which the instrument was taken is the person entitled to enforce the instrument, the obligee may enforce either the instrument or the obligation. In the case of an instrument of a third person which is negotiated to the obligee by the obligor, discharge of the obligor on the instrument also discharges the obligation; and (4) If the person entitled to enforce the instrument taken for an obligation is a person other than the obligee, the obligee may not enforce the obligation to the extent the obligation is suspended. If the obligee is the person entitled to enforce the instrument but no longer has possession of it because it was lost, stolen, or destroyed, the obligation may not be enforced to the extent of the amount payable on the instrument, and to that extent the obligee's rights against the obligor are limited to enforcement of the instrument. (c) If an instrument other than one described in subsection (a) or (b) of this Code section is taken for an obligation, the effect is (i) that stated in subsection (a) of this Code section if the instrument is one on which a bank is liable as maker or acceptor; or (ii) that stated in subsection (b) of this Code section in any other case. 11-3-311. Accord and satisfaction by use of instrument. (a) If a person against whom a claim is asserted proves that (i) such person in good faith tendered an instrument to the claimant as full

Page 1361

satisfaction of the claim; (ii) the amount of the claim was unliquidated or subject to a bona fide dispute; and (iii) the claimant obtained payment of the instrument, then subsections (b), (c), and (d) of this Code section shall apply. (b) Unless subsection (c) of this Code section applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim. (c) Subject to subsection (d) of this Code section, a claim is not discharged under subsection (b) of this Code section if either of the following applies: (1) The claimant, if an organization, proves that: (i) Within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place; and (ii) The instrument or accompanying communication was not received by that designated person, office, or place; or (2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with subparagraph (i) of paragraph (1) of this subsection. (d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant or an agent of the claimant having direct responsibility with respect to the disputed obligation knew that the instrument was tendered in full satisfaction of the claim. 11-3-312. Lost, destroyed, or stolen cashier's check, teller's check, or certified check. (a) In this Code section: (1) `Check' means a cashier's check, teller's check, or certified check; (2) `Claimant' means a person who claims the right to receive the amount of a cashier's check, teller's check, or certified check that was lost, destroyed, or stolen; (3) `Declaration of loss' means a written statement, made under penalty of prejury, to the effect that:

Page 1362

(i) The declarer lost possession of a check; (ii) The declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier's check or teller's check; (iii) The loss of possession was not the result of a transfer by the declarer or a lawful seizure; and (iv) The declarer cannot reasonably obtain possession of the check because the check was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process; and (4) `Obligated bank' means the issuer of a cashier's check or teller's check or the acceptor of a certified check. (b) A claimant may assert a claim to the amount of a check by a communication to the obligated bank describing the check with reasonable certainty and requesting payment of the amount of the check, if the claimant is the drawer or payee of a certified check or the remitter or payee of a cashier's check or teller's check, the communication contains or is accompanied by a declaration of loss of the claimant with respect to the check, the communication is received at a time and in a manner affording the bank a reasonable time to act on it before the check is paid, and the claimant provides reasonable identification if requested by the obligated bank. Delivery of a declaration of loss is a warranty of the truth of the statements made in the declaration. If a claim is asserted in compliance with this subsection, the following rules apply: (1) The claim becomes enforceable at the later of: (i) The time the claim is asserted; (ii) The 90th day following the date of the check in the case of a cashier's check or teller's check; or (iii) The 90th day following the date of the acceptance in the case of a certified check; (2) Until the claim becomes enforceable, it has no legal effect and the obligated bank may pay the check or, in the case of a teller's check, may permit the drawee to pay the check. Payment to a person entitled to enforce the check discharges all liability of the obligated bank with respect to the check; (3) If the claim becomes enforceable before the check is presented for payment, the obligated bank is not obliged to pay the check; and (4) When the claim becomes enforceable, the obligated bank becomes obliged to pay the amount of the check to the claimant if

Page 1363

payment of the check has not been made to a person entitled to enforce the check. Subject to paragraph (1) of subsection (a) of Code Section 11-4-302, payment to the claimant discharges all liability of the obligated bank with respect to the check. (c) If the obligated bank pays the amount of a check to a claimant under paragraph (4) of subsection (b) of this Code section and the check is presented for payment by a person having rights of a holder in due course, the claimant is obliged to (i) refund the payment to the obligated bank if the check is paid; or (ii) pay the amount of the check to the person having rights of a holder in due course if the check is dishonored. (d) If a claimant has the right to assert a claim under subsection (b) of this Code section and is also a person entitled to enforce a cashier's check, teller's check, or certified check which is lost, destroyed, or stolen, the claimant may assert rights with respect to the check either under this Code section or Code Section 11-3-309. PART 4 LIABILITY OF PARTIES 11-3-401. Signature. (a) A person is not liable on an instrument unless (i) the person signed the instrument; or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under Code Section 11-3-402. (b) A signature may be made (i) manually or by means of a device or machine; and (ii) by the use of any name, including a trade or assumed name or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing. 11-3-402. Signature by representative. (a) If a person acting or purporting to act as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the `authorized signature of the represented person' and the represented person is liable on the instrument, whether or not identified in the instrument. (b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply: (1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is

Page 1364

identified in the instrument, the representative is not liable on the instrument; and (2) Subject to subsection (c) of this Code section, if the form of the signature does not show unambiguously that the signature is made in a representative capacity or the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument. (c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person. 11-3-403. Unauthorized signature. (a) Unless otherwise provided in this article or Article 4 of this title, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this article. (b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking. (c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this article which makes the unauthorized signature effective for the purposes of this article. 11-3-404. Impostors; fictitious payees. (a) If an impostor, by use of the mails or otherwise, induces the issuer of an instrument to issue the instrument to the impostor, or to a person acting in concert with the impostor, by impersonating the payee of the instrument or a person authorized to act for the payee, an indorsement of the instrument by any person in the name of the payee is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. (b) If a person whose intent determines to whom an instrument is payable in accordance with subsection (a) or (b) of Code Section 11-3-110 does not intend the person identified as payee to have any interest in the instrument or the person identified as payee of an instrument is a fictitious person, the following rules apply until the instrument is negotiated by special indorsement:

Page 1365

(1) Any person in possession of the instrument is its holder; and (2) An indorsement by any person in the name of the payee stated in the instrument is effective as the indorsement of the payee in favor of a person who, in good faith, pays the instrument or takes it for value or for collection. (c) Under subsection (a) or (b) of this Code section, an indorsement is made in the name of a payee if (i) it is made in a name substantially similar to that of the payee; or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee. (d) With respect to an instrument to which subsection (a) or (b) of this Code section applies, if a person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from payment of the instrument, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss. 11-3-405. Employer's responsibility for fraudulent indorsement by employee. (a) In this Code section: (1) `Employee' includes an independent contractor and an employee of an independent contractor retained by the employer; (2) `Fraudulent indorsement' means: (i) In the case of an instrument payable to the employer, a forged indorsement purporting to be that of the employer; or (ii) In the case of an instrument with respect to which the employer is the issuer, a forged indorsement purporting to be that of the person identified as payee; and (3) `Responsibility' with respect to instruments means authority to: (i) Sign or indorse instruments on behalf of the employer; (ii) Process instruments received by the employer for bookkeeping purposes, for deposit to an account, or for other disposition; (iii) Prepare or process instruments for issue in the name of the employer; (iv) Supply information determining the names or addresses of payees of instruments to be issued in the name of the employer; (v) Control the disposition of instruments to be issued in the name of the employer; or

Page 1366

(vi) Act otherwise with respect to instruments in a responsible capacity. `Responsibility' does not include authority that merely allows an employee to have access to instruments or blank or incomplete instrument forms that are being stored or transported or are part of incoming or outgoing mail or similar access. (b) For the purpose of determining the rights and liabilities of a person who, in good faith, pays an instrument or takes it for value or for collection, if an employer entrusted an employee with responsibility with respect to the instrument and the employee or a person acting in concert with the employee makes a fraudulent indorsement of the instrument, the indorsement is effective as the indorsement of the person to whom the instrument is payable if it is made in the name of that person. If the person paying the instrument or taking it for value or for collection fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss resulting from the fraud, the person bearing the loss may recover from the person failing to exercise ordinary care to the extent the failure to exercise ordinary care contributed to the loss. (c) Under subsection (b) of this Code section, an indorsement is made in the name of the person to whom an instrument is payable if (i) it is made in a name substantially similar to the name of that person; or (ii) the instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to the name of that person. 11-3-406. Negligence contributing to forged signature or alteration of instrument. (a) A person whose failure to exercise ordinary care substantially contributes to an alteration of an instrument or to the making of a forged signature on an instrument is precluded from asserting the alteration or the forgery against a person who, in good faith, pays the instrument or takes it for value or for collection. (b) Under subsection (a) of this Code section, if the person asserting the preclusion fails to exercise ordinary care in paying or taking the instrument and that failure substantially contributes to loss, the loss is allocated between the person precluded and the person asserting the preclusion according to the extent to which the failure of each to exercise ordinary care contributed to the loss. (c) Under subsection (a) of this Code section, the burden of proving failure to exercise ordinary care is on the person asserting the preclusion. Under subsection (b) of this Code section, the burden of proving failure to exercise ordinary care is on the person precluded.

Page 1367

11-3-407. Alteration. (a) `Alteration' means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party; or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party. (b) Except as provided in subsection (c) of this Code section, an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms. (c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms; or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed. 11-3-408. Drawee not liable on unaccepted draft. A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it. 11-3-409. Acceptance of draft; certified check. (a) `Acceptance' means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person. (b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored. (c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith. (d) `Certified check' means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (a) of this Code section or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check. 11-3-410. Acceptance varying draft. (a) If the terms of a drawee's acceptance vary from the terms of the draft as presented, the holder may refuse the acceptance and treat the draft as dishonored. In that case, the drawee may cancel the acceptance.

Page 1368

(b) The terms of a draft are not varied by an acceptance to pay at a particular bank or place in the United States, unless the acceptance states that the draft is to be paid only at that bank or place. (c) If the holder assents to an acceptance varying the terms of a draft, the obligation of each drawer and indorser that does not expressly assent to the acceptance is discharged. 11-3-411. Refusal to pay cashier's checks, teller's checks, and certified checks. (a) In this Code section, `obligated bank' means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check; (ii) stops payment of a teller's check; or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages. (c) Expenses or consequential damages under subsection (b) of this Code section are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments; (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument; (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument; or (iv) payment is prohibited by law. 11-3-412. Obligation of issuer of note or cashier's check. The issuer of a note or cashier's check or other draft drawn on the drawer is obliged to pay the instrument (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into the possession of a holder; or (ii) if the issuer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the instrument or to an indorser who paid the instrument under Code Section 11-3-415. 11-3-413. Obligation of acceptor. (a) The acceptor of a draft is obliged to pay the draft (i) according to its terms at the time it was accepted, even though the acceptance states that the draft is payable `as originally drawn' or equivalent terms; (ii) if the acceptance varies the terms of the draft, according to the terms of the draft as varied; or (iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms when completed, to the extent stated

Page 1369

in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft under Code Section 11-3-414 or 11-3-415. (b) If the certification of a check or other acceptance of a draft states the amount certified or accepted, the obligation of the acceptor is that amount. If the certification or acceptance does not state an amount, the amount of the instrument is subsequently raised, and the instrument is then negotiated to a holder in due course, the obligation of the acceptor is the amount of the instrument at the time it was taken by the holder in due course. 11-3-414. Obligation of drawer. (a) This Code section does not apply to cashier's checks or other drafts drawn on the drawer. (b) If an unaccepted draft is dishonored, the drawer is obliged to pay the draft (i) according to its terms at the time it was issued or, if the instrument was not issued, at the time it first came into possession of a holder; or (ii) if the drawer signed an incomplete instrument, according to the instrument's terms when completed, to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation is owed to a person entitled to enforce the draft or to an indorser who paid the draft under Code Section 11-3-415. (c) If a draft is accepted by a bank, the drawer is discharged, regardless of when or by whom acceptance was obtained. (d) If a draft is accepted and the acceptor is not a bank, the obligation of the drawer to pay the draft if the draft is dishonored by the acceptor is the same as the obligation of an indorser under subsections (a) and (c) of Code Section 11-3-415. (e) If a draft states that it is drawn `without recourse' or otherwise disclaims liability of the drawer to pay the draft, the drawer is not liable under subsection (b) of this Code section to pay the draft if the draft is not a check. A disclaimer of the liability stated in subsection (b) of this Code section is not effective if the draft is a check. (f) If a check is not presented for payment or given to a depositary bank for collection within 30 days after its date, the drawee suspends payments after expiration of the 30 day period without paying the check, and because of the suspension of payments, the drawer is deprived of funds maintained with the drawee to cover payment of the check, the drawer, to the extent deprived of funds, may discharge its obligation to pay the check by assigning to the person entitled to enforce the check the rights of the drawer against the drawee with respect to the funds.

Page 1370

11-3-415. Obligation of indorser. (a) Subject to subsections (b), (c), (d), and (e) of this Code section and to subsection (d) of Code Section 11-3-419, if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed; or (ii) if the indorser indorsed an incomplete instrument, according to the instrument's terms when completed to the extent stated in Code Sections 11-3-115 and 11-3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this Code section. (b) If an indorsement states that it is made `without recourse' or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) of this Code section to pay the instrument. (c) If notice of dishonor of an instrument is required by Code Section 11-3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) of this Code section is discharged. (d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) of this Code section is discharged. (e) If an indorser of a check is liable under subsection (a) of this Code section and the check is not presented for payment, or given to a depositary bank for collection within 30 days after the day the indorsement was made, the liability of the indorser under subsection (a) of this Code section is discharged. 11-3-416. Transfer warranties. (a) A person who transfers an instrument for consideration warrants to the transferee and, if the transfer is by indorsement, to any subsequent transferee that: (1) The warrantor is a person entitled to enforce the instrument; (2) All signatures on the instrument are authentic and authorized; (3) The instrument has not been altered; (4) The instrument is not subject to a defense or claim in recoupment of any party which can be asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer. (b) A person to whom the warranties under subsection (a) of this Code section are made and who took the instrument in good faith may recover from the warrantor as damages for breach of warranty an amount equal

Page 1371

to the loss suffered as a result of the breach, but not more than the amount of the instrument plus expenses and loss of interest incurred as a result of the breach. (c) The warranties stated in subsection (a) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) of this Code section is discharged to the extent of any loss caused by the delay in giving notice of the claim. (d) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. 11-3-417. Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance, at the time of presentment, and a previous transferor of the draft, at the time of transfer, warrant to the drawee making payment or accepting the draft in good faith that: (1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; and (3) The warrantor has no knowledge that the signature of the drawer of the draft is unauthorized. (b) A drawee making payment may recover from any warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from any warrantor for breach of warranty the amounts stated in this subsection. (c) If a drawee asserts a claim for breach of warranty under subsection (a) of this Code section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Code Section 11-3-404 or 11-3-405 or the drawer is precluded under Code Section 11-3-406 or

Page 1372

11-4-406 from asserting against the drawee the unauthorized indorsement or alteration. (d) If a dishonored draft is presented for payment to the drawer or an indorser or any other instrument is presented for payment to a party obliged to pay the instrument and payment is received, the following rules apply: (1) The person obtaining payment and a prior transferor of the instrument warrant to the person making payment in good faith that the warrantor is, or was at the time the warrantor transferred the instrument, a person entitled to enforce the instrument or authorized to obtain payment on behalf of a person entitled to enforce the instrument; and (2) The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. (e) The warranties stated in subsections (a) and (d) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the liability of the warrantor under subsection (b) or (d) of this Code section is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach. 11-3-418. Payment or acceptance by mistake. (a) Except as provided in subsection (c) of this Code section, if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that (i) payment of the draft had not been stopped pursuant to Code Section 11-4-403; or (ii) the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft. (b) Except as provided in subsection (c) of this Code section, if an instrument has been paid or accepted by mistake and the case is not covered by subsection (a) of this Code section, the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, (i) recover the payment from the person to whom or for whose benefit payment was made; or (ii) in the case of acceptance, may revoke the acceptance. (c) The remedies provided by subsection (a) or (b) of this Code section may not be asserted against a person who took the instrument in good

Page 1373

faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by Code Section 11-3-417 or 11-4-407. (d) Notwithstanding Code Section 11-4-215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (a) or (b) of this Code section, the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument. 11-3-419. Instruments signed for accommodation. (a) If an instrument is issued for value given for the benefit of a party to the instrument known as the `accommodated party,' and another party to the instrument known as the `accommodation party' signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party `for accommodation.' (b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d) of this Code section, is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation. (c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in Code Section 11-3-605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation. (d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied; (ii) the other party is insolvent or in an insolvency proceeding; (iii) the other party cannot be served with process; or (iv) it is otherwise apparent that payment cannot be obtained from the other party. (e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce

Page 1374

the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party. 11-3-420. Conversion of instrument. (a) The law applicable to conversion of personal property applies to instruments. An instrument is also converted if it is taken by transfer, other than a negotiation, from a person not entitled to enforce the instrument or a bank makes or obtains payment with respect to the instrument for a person not entitled to enforce the instrument or receive payment. An action for conversion of an instrument may not be brought by (i) the issuer or acceptor of the instrument; or (ii) a payee or indorsee who did not receive delivery of the instrument either directly or through delivery to an agent or a co-payee. (b) In an action under subsection (a) of this Code section, the measure of liability is presumed to be the amount payable on the instrument, but recovery may not exceed the amount of the plaintiff's interest in the instrument. (c) A representative, other than a depositary bank, who has in good faith dealt with an instrument or its proceeds on behalf of one who was not the person entitled to enforce the instrument is not liable in conversion to that person beyond the amount of any proceeds that it has not paid out. PART 5 DISHONOR 11-3-501. Presentment. (a) `Presentment' means a demand made by or on behalf of a person entitled to enforce an instrument to (i) pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank; or (ii) accept a draft made to the drawee. (b) The following rules are subject to Article 4 of this title, agreement of the parties, and clearing-house rules and the like: (1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States. Presentment may be made by any commercially reasonable means, including an oral, written, or electronic communication. Presentment is effective when the demand for payment or acceptance is received by the person to whom presentment is made and is effective if made to any one of two or more makers, acceptors, drawees, or other payors. (2) Upon demand of the person to whom presentment is made, the person making presentment must:

Page 1375

(i) Exhibit the instrument; (ii) Give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so; and (iii) Sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made. (3) Without dishonoring the instrument, the party to whom presentment is made may: (i) Return the instrument for lack of a necessary indorsement; or (ii) Refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule. (4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cut-off hour not earlier than 2:00 P.M. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cut-off hour. 11-3-502. Dishonor. (a) Dishonor of a note is governed by the following rules: (1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment. (2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later. (3) If the note is not payable on demand and paragraph (2) of this subsection does not apply, the note is dishonored if it is not paid on the day it becomes payable. (b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules: (1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under Code Section 11-4-301 or 11-4-302, or becomes accountable for the amount of the check under Code Section 11-4-302.

Page 1376

(2) If a draft is payable on demand and paragraph (1) of this subsection does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment. (3) If a draft is payable on a date stated in the draft, the draft is dishonored if: (i) Presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later; or (ii) Presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment. (4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment. (c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in paragraphs (2), (3), and (4) of subsection (b) of this Code section, except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs. (d) Dishonor of an accepted draft is governed by the following rules: (1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment; or (2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later. (e) In any case in which presentment is otherwise required for dishonor under this Code section and presentment is excused under Code Section 11-3-504, dishonor occurs without presentment if the instrument is not duly accepted or paid. (f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored. 11-3-503. Notice of dishonor. (a) The obligation of an indorser stated in subsection (a) of Code Section 11-3-415 and the obligation of a drawer stated in subsection (d)

Page 1377

of Code Section 11-3-414 may not be enforced unless (i) the indorser or drawer is given notice of dishonor of the instrument complying with this Code section; or (ii) notice of dishonor is excused under subsection (b) of Code Section 11-3-504. (b) Notice of dishonor may be given by any person. Notice of dishonor may be given by any commercially reasonable means, including an oral, written, or electronic communication. Notice of dishonor is sufficient if it reasonably identifies the instrument and indicates that the instrument has been dishonored or has not been paid or accepted. Return of an instrument given to a bank for collection is sufficient notice of dishonor. Upon request of any party to the instrument, the drawee shall provide a statement to the requesting party giving the specific reason for dishonor, and the drawee shall have no additional liability to the drawer as a result of such statement. (c) Subject to subsection (c) of Code Section 11-3-504, with respect to an instrument taken for collection by a collecting bank, notice of dishonor must be given (i) by the bank before midnight of the next banking day following the banking day on which the bank receives notice of dishonor of the instrument; or (ii) by any other person within 30 days following the day on which the person receives notice of dishonor. With respect to any other instrument, notice of dishonor must be given within 30 days following the day on which dishonor occurs. 11-3-504. Excused presentment and notice of dishonor. (a) Presentment for payment or acceptance of an instrument is excused if (i) the person entitled to present the instrument cannot with reasonable diligence make presentment; (ii) the maker or acceptor has repudiated an obligation to pay the instrument, is dead, or is in insolvency proceedings; (iii) by the terms of the instrument, presentment is not necessary to enforce the obligation of indorsers or the drawer; (iv) the drawer or indorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or (v) the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft. (b) Notice of dishonor is excused if (i) by the terms of the instrument, notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument; or (ii) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor. (c) Delay in giving notice of dishonor is excused if the delay was caused by circumstances beyond the control of the person giving the notice and the person giving the notice exercised reasonable diligence after the cause of the delay ceased to operate.

Page 1378

11-3-505. Evidence of dishonor. (a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated: (1) A document regular in form as provided in subsection (b) of this Code section which purports to be a protest; (2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor; and (3) A book or record of the drawee, payor bank, or collecting bank kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry. (b) A protest is a certificate of dishonor made by a United States consul or vice consul or by a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties. PART 6 DISCHARGE AND PAYMENT 11-3-601. Discharge and effect of discharge. (a) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract. (b) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge. 11-3-602. Payment. (a) Subject to subsection (b) of this Code section, an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument; and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Code Section 11-3-306 by another person. (b) The obligation of a party to pay the instrument is not discharged under subsection (a) of this Code section if:

Page 1379

(1) A claim to the instrument under Code Section 11-3-306 is enforceable against the party receiving payment, and either: (i) Payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction; or (ii) In the case of an instrument other than a cashier's check, teller's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or (2) The person making payment knows that the instrument is a stolen instrument and pays a person the payor knows is in wrongful possession of the instrument. (c) Notwithstanding any other provision of this article, with respect to a note which is a negotiable instrument within the meaning of this article and which is to be paid off in installment payments or in more than one payment, the maker or drawer is authorized to pay the assignor until the assignee or its authorized agent sends a registered or certified letter to the maker or drawer at the maker's or drawer's last known address notifying the maker or drawer that the amount due or to become due has been assigned and that payment is to be made to the assignee. A notification that does not reasonably identify the rights assigned is ineffective. If requested by the drawer or maker, the assignee must furnish reasonable proof that the assignment has been made and, unless the assignee does so, the maker or drawer may pay the assignor. 11-3-603. Tender of payment. (a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. (b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. (c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.

Page 1380

11-3-604. Discharge by cancellation or renunciation. (a) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument by (i) an intentional voluntary act such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party's signature, or the addition of words to the instrument indicating discharge; or (ii) agreeing not to sue or otherwise renouncing rights against the party by a signed writing. (b) Cancellation or striking out of an indorsement pursuant to subsection (a) of this Code section does not affect the status and rights of a party derived from the indorsement. 11-3-605. Discharge of indorsers and accommodation parties. (a) In this Code section, the term `indorser' includes a drawer having the obligation described in subsection (d) of Code Section 11-3-414. (b) Discharge, under Code Section 11-3-604, of the obligation of a party to pay an instrument does not discharge the obligation of an indorser or accommodation party having a right of recourse against the discharged party. (c) If a person entitled to enforce an instrument agrees, with or without consideration, to an extension of the due date of the obligation of a party to pay the instrument, the extension discharges an indorser or accommodation party having a right of recourse against the party whose obligation is extended to the extent the indorser or accommodation party proves that the extension caused loss to the indorser or accommodation party with respect to the right of recourse. (d) If a person entitled to enforce an instrument agrees, with or without consideration, to a material modification of the obligation of a party other than an extension of the due date, the modification discharges the obligation of an indorser or accommodation party having a right of recourse against the person whose obligation is modified to the extent the modification causes loss to the indorser or accommodation party with respect to the right of recourse. The loss suffered by the indorser or accommodation party as a result of the modification is equal to the amount of the right of recourse unless the person enforcing the instrument proves that no loss was caused by the modification or that the loss caused by the modification was an amount less than the amount of the right of recourse. (e) If the obligation of a party to pay an instrument is secured by an interest in collateral and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of an indorser or accommodation party having a right of recourse against the obligor is discharged to the extent of the impairment. The burden of

Page 1381

proving impairment is on the party asserting discharge. The value of an interest in collateral is impaired to the extent (i) the value of the interest is reduced to an amount less than the amount of the right of recourse of the party asserting discharge; or (ii) the reduction in value of the interest causes an increase in the amount by which the amount of the right of recourse exceeds the value of the interest. (f) If the obligation of a party is secured by an interest in collateral not provided by an accommodation party and a person entitled to enforce the instrument impairs the value of the interest in collateral, the obligation of any party who is jointly and severally liable with respect to the secured obligation is discharged to the extent the impairment causes the party asserting discharge to pay more than that party would have been obliged to pay, taking into account rights of contribution, if impairment had not occurred. If the party asserting discharge is an accommodation party not entitled to discharge under subsection (e) of this Code section, the party is deemed to have a right to contribution based on joint and several liability rather than a right to reimbursement. The burden of proving impairment is on the party asserting discharge. (g) Under subsection (e) or (f) of this Code section, impairing value of an interest in collateral includes (i) failure to obtain or maintain perfection or recordation of the interest in collateral; (ii) release of collateral without substitution of collateral of equal value; (iii) failure to perform a duty to preserve the value of collateral owed, under Article 9 of this title or other law, to a debtor or surety or other person secondarily liable; or (iv) failure to comply with applicable law in disposing of collateral. (h) An accommodation party is not discharged under subsection (c), (d), or (e) of this Code section unless the person entitled to enforce the instrument knows of the accommodation or has notice under subsection (c) of Code Section 11-3-419 that the instrument was signed for accommodation. (i) A party is not discharged under this Code section if (i) the party asserting discharge consents to the event or conduct that is the basis of the discharge; or (ii) the instrument or a separate agreement of the party provides for waiver of discharge under this Code section either specifically or by general language indicating that parties waive defenses based on suretyship or impairment of collateral. SECTION 4. Said title is further amended by striking from Article 4, relating to bank deposits and collections, Code Section 11-4-101, relating to short title; Code Section 11-4-102, relating to applicability; Code Section 11-4-103, relating to variation by agreement, damages, and ordinary care; Code Section 11-4-104, relating to definitions; and Code Section 11-4-105,

Page 1382

relating to definitions relative to banks, and inserting in lieu thereof the following: 11-4-101. Short title. This article may be cited as `Uniform Commercial Code Bank Deposits and Collections.' 11-4-102. Applicability. (a) To the extent that items within this article are also within Articles 3 and 8 of this title, they are subject to those articles. If there is conflict, this article governs Article 3 of this title, but Article 8 of this title governs this article. (b) The liability of a bank for action or nonaction with respect to an item handled by it for purposes of presentment, payment, or collection is governed by the law of the place where the bank is located. In the case of action or nonaction by or at a branch or separate office of a bank, its liability is governed by the law of the place where the branch or separate office is located. 11-4-103. Variation by agreement; measure of damages; action constituting ordinary care. (a) The effect of the provisions of this article may be varied by agreement, but the parties to the agreement cannot disclaim a bank's responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank's responsibility is to be measured if those standards are not manifestly unreasonable. (b) Federal reserve regulations and operating circulars, clearing-house rules, and the like, have the effect of agreements under subsection (a) of this Code section, whether or not specifically assented to by all parties interested in items handled. (c) Action or nonaction approved by this article or pursuant to federal reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this article, is prima facie the exercise of ordinary care. (d) The specification or approval of certain procedures by this article is not disapproval of other procedures that may be reasonable under the circumstances. (e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is

Page 1383

also bad faith, it includes any other damages the party suffered as a proximate consequence. 11-4-104. Definitions and index of definitions. (a) In this article, unless the context otherwise requires: (1) `Account' means any deposit or credit account with a bank, including a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit; (2) `Afternoon' means the period of a day between noon and midnight; (3) `Banking day' means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions; (4) `Clearing-house' means an association of banks or other payors regularly clearing items; (5) `Customer' means a person having an account with a bank or for whom a bank has agreed to collect items, including a bank that maintains an account at another bank; (6) `Documentary draft' means a draft to be presented for acceptance or payment if specified documents, certificated securities (Code Section 11-8-102) or instructions for uncertificated securities (Code Section 11-8-308), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft; (7) `Draft' means a draft as defined in Code Section 11-3-104 or an item, other than an instrument, that is an order; (8) `Drawee' means a person ordered in a draft to make payment; (9) `Item' means an instrument or a promise or order to pay money handled by a bank for collection or payment. The term does not include a payment order governed by Article 4A of this title or a credit or debit card slip; (10) `Midnight deadline' with respect to a bank is midnight on its next banking day following the banking day on which it receives the relevant item or notice or from which the time for taking action commences to run, whichever is later; (11) `Settle' means to pay in cash, by clearing-house settlement, in a charge or credit, or by remittance, or otherwise as agreed. A settlement may be either provisional or final; and (12) `Suspends payments' with respect to a bank means that it has been closed by order of the supervisory authorities, that a public

Page 1384

officer has been appointed to take it over, or that it ceases or refuses to make payments in the ordinary course of business. (b) Other definitions applying to this article and the Code sections in which they appear are: `Agreement for electronic presentment.' Code Section 11-4-110. `Bank.' Code Section 11-4-105. `Collecting bank.' Code Section 11-4-105. `Depositary bank.' Code Section 11-4-105. `Intermediary bank.' Code Section 11-4-105. `Payor bank.' Code Section 11-4-105. `Presenting bank.' Code Section 11-4-105. `Presentment notice.' Code Section 11-4-110. (c) The following definitions in other articles of this title apply to this article: `Acceptance.' Code Section 11-3-409. `Alteration.' Code Section 11-3-407. `Cashier's check. Code Section 11-3-104. `Certificate of deposit.' Code Section 11-3-104. `Certified check.' Code Section 11-3-409. `Check.' Code Section 11-3-104. `Good faith.' Code Section 11-3-103. `Holder in due course.' Code Section 11-3-302. `Instrument.' Code Section 11-3-104. `Notice of dishonor.' Code Section 11-3-503. `Order.' Code Section 11-3-103. `Ordinary care.' Code Section 11-3-103. `Person entitled to enforce.' Code Section 11-3-301. `Presentment.' Code Section 11-3-501. `Promise.' Code Section 11-3-103. `Prove.' Code Section 11-3-103. `Teller's check.' Code Section 11-3-104. `Unauthorized signature.' Code Section 11-3-403.

Page 1385

(d) In addition Article 1 of this title contains general definitions and principles of construction and interpretation applicable throughout this article. 11-4-105. `Bank'; `depositary bank'; `payor bank'; `intermediary bank'; `collecting bank'; `presenting bank'. In this article: (1) `Bank' means a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company; (2) `Depositary bank' means the first bank to which an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter; (3) `Payor bank' means a bank that is the drawee of a draft; (4) `Intermediary bank' means a bank to which an item is transferred in course of collection except the depositary or payor bank; (5) `Collecting bank' means a bank handling an item for collection except the payor bank; and (6) `Presenting bank' means a bank presenting an item except a payor bank. SECTION 5. Said title is further amended by adding a new Code section to be designated Code Section 11-4-106, by striking Code Section 11-4-106, relating to separate bank offices; Code Section 11-4-107, relating to the time of receipt of items; Code Section 11-4-108, relating to delays; renumbering such stricken Code sections as Code Sections 11-4-107, 11-4-108, and 11-4-109, respectively; and inserting two new Code sections to be designated Code Sections 11-4-110 and 11-4-111, respectively, so that Code Sections 11-4-106 through 11-4-111 read as follows: 11-4-106. Payable through or payable at bank; collecting bank. (a) If an item states that it is `payable through' a bank identified in the item, the item (i) designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank. (b) If an item states that it is `payable at' a bank identified in the item, the item (i) designates the bank as a collecting bank and does not by itself authorize the bank to pay the item; and (ii) may be presented for payment only by or through the bank. (c) If a draft names a nonbank drawee and it is unclear whether a bank named in the draft is a co-drawee or a collecting bank, the bank is a collecting bank.

Page 1386

11-4-107. Separate office of a bank. A branch or separate office of a bank, including the location of any agent of a bank receiving items for data processing purposes, is a separate bank for the purpose of computing the time within which and determining the place at or to which action may be taken or notice or orders must be given under this article and under Article 3 of this title. 11-4-108. Time of receipt of items. (a) For the purpose of allowing time to process items, prove balances, and make the necessary entries on its books to determine its position for the day, a bank may fix an afternoon hour of 2:00 P.M. or later as a cutoff hour for the handling of money and items and the making of entries on its books. (b) An item or deposit of money received on any day after a cutoff hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day. 11-4-109. Delays. (a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by this title for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party. (b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this title or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank; and (ii) the bank exercises such diligence as the circumstances require. 11-4-110. Electronic presentment. (a) `Agreement for electronic presentment' means an agreement, clearing-house rule, or federal reserve regulation or operating circular, providing that presentment of an item may be made by transmission of an image of an item or information describing the item ('presentment notice') rather than delivery of the item itself. The agreement may provide for procedures governing retention, presentment, payment, dishonor, and other matters concerning items subject to the agreement. (b) Presentment of an item pursuant to an agreement for presentment is made when the presentment notice is received. (c) If presentment is made by presentment notice, a reference to `item' or `check' in this article means the presentment notice unless the context otherwise indicates.

Page 1387

11-4-111. Statute of limitations. An action to enforce an obligation, duty, or right arising under this article must be commenced within three years after the cause of action accrues. SECTION 6. Said title is further amended by striking Code Section 11-4-201, relating to presumption and duration of agency status of collecting banks and provisional status of credits, applicability of article, and item indorsed `pay any bank'; Code Section 11-4-202, relating to responsibility for collection and seasonable action; Code Section 11-4-203, relating to effect of instructions; Code Section 11-4-204, relating to methods of sending and presenting and sending direct to payor bank; Code Section 11-4-205, relating to supplying missing indorsement and no notice from prior indorsement; and Code Section 11-4-206, relating to transfer between banks, respectively, and inserting in lieu thereof the following: 11-4-201. Status of collecting bank as agent and provisional status of credits; applicability of article; item indorsed `pay any bank.' (a) Unless a contrary intent clearly appears and before the time that a settlement given by a collecting bank for an item is or becomes final, the bank, with respect to the item, is an agent or subagent of the owner of the item and any settlement given for the item is provisional. This provision applies regardless of the form of indorsement or lack of indorsement and even though credit given for the item is subject to immediate withdrawal as of right or is in fact withdrawn; but the continuance of ownership of an item by its owner and any rights of the owner to proceeds of the item are subject to rights of a collecting bank, such as those resulting from outstanding advances on the item and rights of recoupment or setoff. If an item is handled by banks for purposes of presentment, payment, collection, or return, the relevant provisions of this article apply even though action of the parties clearly establishes that a particular bank has purchased the item and is the owner of it. (b) After an item has been indorsed with the words `pay any bank' or the like, only a bank may acquire the rights of a holder until the item has been: (1) Returned to the customer initiating collection; or (2) Specially indorsed by a bank to a person who is not a bank. 11-4-202. Responsibility for collection or return; when action timely. (a) A collecting bank must exercise ordinary care in: (1) Presenting an item or sending it for presentment; (2) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank's transferor after learning that the item has not been paid or accepted, as the case may be;

Page 1388

(3) Settling for an item when the bank receives final settlement; and (4) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof. (b) A collecting bank exercises ordinary care under subsection (a) of this Code section by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness. (c) Subject to paragraph (1) of subsection (a) of this Code section, a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit. 11-4-203. Effect of instructions. Subject to Article 3 of this title concerning conversion of instruments (Code Section 11-3-420) and restrictive indorsements (Code Section 11-3-206), only a collecting bank's transferor can give instructions that affect the bank or constitute notice to it and a collecting bank is not liable to prior parties for any action taken pursuant to the instructions or in accordance with any agreement with its transferor. 11-4-204. Methods of sending and presenting; sending directly to payor bank. (a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items. (b) A collecting bank may send: (1) An item directly to the payor bank; (2) An item to a nonbank payor if authorized by its transferor; and (3) An item other than documentary drafts to a nonbank payor, if authorized by federal reserve regulation or operating circular, clearing-house rule, or the like. (c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made. 11-4-205. Depositary bank holder of unindorsed item. If a customer delivers an item to a depositary bank for collection: (1) The depositary bank becomes a holder of the item at the time it receives the item for collection if the customer at the time of delivery was a holder of the item, whether or not the customer indorses the

Page 1389

item, and, if the bank satisfies the other requirements of Code Section 11-3-302, it is a holder in due course; and (2) The depositary bank warrants to collecting banks, the payor bank or other payor, and the drawer that the amount of the item was paid to the customer or deposited to the customer's account. 11-4-206. Transfer between banks. Any agreed method that identifies the transferor bank is sufficient for the item's further transfer to another bank. SECTION 7. Said title is further amended by striking Code Section 11-4-207, relating to warranties of customer and collecting bank on transfer or presentment of items and time for claims, which reads as follows: 11-4-207. Warranties of customer and collecting bank on transfer or presentment of items; time for claims. (1) Each customer or collecting bank who obtains payment or acceptance of an item and each prior customer and collecting bank warrants to the payor bank or other payor who in good faith pays or accepts the item that: (a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title; and (b) He has no knowledge that the signature of the maker or drawer is unauthorized, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith: (i) To a maker with respect to the maker's own signature; or (ii) To a drawer with respect to the drawer's own signature, whether or not the drawer is also the drawee; or (iii) To an acceptor of an item if the holder in due course took the item after the acceptance or obtained the acceptance without knowledge that the drawer's signature was unauthorized; and (c) The item has not been materially altered, except that this warranty is not given by any customer or collecting bank that is a holder in due course and acts in good faith: (i) To the maker of a note; or (ii) To the drawer of a draft whether or not the drawer is also the drawee; or (iii) To the acceptor of an item with respect to an alteration made prior to the acceptance if the holder in due course took the item

Page 1390

after the acceptance, even though the acceptance provided `payable as originally drawn' or equivalent terms; or (iv) To the acceptor of an item with respect to an alteration made after the acceptance. (2) Each customer and collecting bank who transfers an item and receives a settlement or other consideration for it warrants to his transferee and to any subsequent collecting bank who takes the item in good faith that: (a) He has a good title to the item or is authorized to obtain payment or acceptance on behalf of one who has a good title and the transfer is otherwise rightful; and (b) All signatures are genuine or authorized; and (c) The item has not been materially altered; and (d) No defense of any party is good against him; and (e) He has no knowledge of any insolvency proceeding instituted with respect to the maker or acceptor or the drawer of an unaccepted item. In addition each customer and collecting bank so transferring an item and receiving a settlement or other consideration engages that upon dishonor and any necessary notice of dishonor and protest he will take up the item. (3) The warranties and the engagement to honor set forth in subsections (1) and (2) of this Code section arise notwithstanding the absence of indorsement or words of guaranty or warranty in the transfer or presentment and a collecting bank remains liable for their breach despite remittance to its transferor. Damages for breach of such warranties or engagement to honor shall not exceed the consideration received by the customer or collecting bank responsible plus finance charges and expenses related to the item, if any. (4) Unless a claim for breach of warranty under this Code section is made within a reasonable time after the person claiming learns of the breach, the person liable is discharged to the extent of any loss caused by the delay in making claim., and inserting in lieu thereof the following: 11-4-207. Transfer warranties. (a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that: (1) The warrantor is a person entitled to enforce the item; (2) All signatures on the item are authentic and authorized;

Page 1391

(3) The item has not been altered; (4) The item is not subject to a defense or claim in recoupment (subsection (a) of Code Section 11-3-305) of any party that can be asserted against the warrantor; and (5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer. (b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item according to the terms of the item at the time it was transferred, or, if the transfer was of an incomplete item, according to its terms when completed as stated in Code Sections 11-3-115 and 11-3-407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made `without recourse' or otherwise disclaiming liability. (c) A person to whom the warranties under subsection (a) of this Code section are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach. (d) The warranties stated in subsection (a) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (e) A cause of action for breach of warranty under this Code section accrues when the claimant has reason to know of the breach. SECTION 8. Said title is further amended by adding two new Code sections to be designated Code Sections 11-4-208 and 11-4-209, respectively, to read as follows: 11-4-208. Presentment warranties. (a) If an unaccepted draft is presented to the drawee for payment or acceptance and the drawee pays or accepts the draft, the person obtaining payment or acceptance at the time of presentment and a previous transferor of the draft at the time of transfer warrant to the drawee that pays or accepts the draft in good faith that:

Page 1392

(1) The warrantor is, or was, at the time the warrantor transferred the draft, a person entitled to enforce the draft or authorized to obtain payment or acceptance of the draft on behalf of a person entitled to enforce the draft; (2) The draft has not been altered; and (3) The warrantor has no knowledge that the signature of the purported drawer of the draft is unauthorized. (b) A drawee making payment may recover from a warrantor damages for breach of warranty equal to the amount paid by the drawee less the amount the drawee received or is entitled to receive from the drawer because of the payment. In addition, the drawee is entitled to compensation for expenses and loss of interest resulting from the breach. The right of the drawee to recover damages under this subsection is not affected by any failure of the drawee to exercise ordinary care in making payment. If the drawee accepts the draft, breach of warranty is a defense to the obligation of the acceptor. If the acceptor makes payment with respect to the draft, the acceptor is entitled to recover from a warrantor for breach of warranty the amounts stated in this subsection. (c) If a drawee asserts a claim for breach of warranty under subsection (a) of this Code section based on an unauthorized indorsement of the draft or an alteration of the draft, the warrantor may defend by proving that the indorsement is effective under Code Section 11-3-404 or 11-3-405 or the drawer is precluded under Code Section 11-3-406 or 11-4-406 from asserting against the drawee the unauthorized indorsement or alteration. (d) If a dishonored draft is presented for payment to the drawer or an indorser or any other item is presented for payment to a party obliged to pay the item and the item is paid, the person obtaining payment and a prior transferor of the item warrant to the person making payment in good faith that the warrantor is, or was, at the time the warrantor transferred the item, a person entitled to enforce the item or authorized to obtain payment on behalf of a person entitled to enforce the item. The person making payment may recover from any warrantor for breach of warranty an amount equal to the amount paid plus expenses and loss of interest resulting from the breach. (e) The warranties stated in subsections (a) and (b) of this Code section cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim. (f) A cause of action for breach of warranty under this Code section accrues when the claimant has reason to know of the breach.

Page 1393

11-4-209. Encoding and retention warranties. (a) A person who encodes information on or with respect to an item after issue warrants to any subsequent collecting bank and to the payor bank or other payor that the information is correctly encoded. If the customer of a depositary bank encodes, that bank also makes the warranty. (b) A person who undertakes to retain an item pursuant to an agreement for electronic presentment warrants to any subsequent collecting bank and to the payor bank or other payor that retention and presentment of the item comply with the agreement. If a customer of a depositary bank undertakes to retain an item, that bank also makes this warranty. (c) A person to whom warranties are made under this Code section and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, plus expenses and loss of interest incurred as a result of the breach. SECTION 9. Said title is further amended by striking Code Section 11-4-208, relating to security interest of collecting bank in items, and accompanying documents and proceeds; Code Section 11-4-209, relating to when a bank gives value for purposes of a holder in due course; and Code Section 11-4-210, relating to presentment by notice of item not payable by, through, or at bank and liability of secondary parties, and inserting in lieu thereof new renumbered Code sections to read as follows: 11-4-210. Security interest of collecting bank in items, accompanying documents, and proceeds. (a) A collecting bank has a security interest in an item and any accompanying documents or the proceeds of either: (1) In case of an item deposited in an account, to the extent to which credit given for the item has been withdrawn or applied; (2) In case of an item for which it has given credit available for withdrawal as of right, to the extent of the credit given whether or not the credit is drawn upon or there is a right of charge-back; or (3) If it makes an advance on or against the item. (b) If credit given for several items received at one time or pursuant to a single agreement is withdrawn or applied in part, the security interest remains upon all the items, any accompanying documents, or the proceeds of either. For the purpose of this Code section, credits first given are first withdrawn.

Page 1394

(c) Receipt by a collecting bank of a final settlement for an item is a realization on its security interest in the item, accompanying documents, and proceeds. So long as the bank does not receive final settlement for the item or give up possession of the item or accompanying documents for purposes other than collection, the security interest continues to that extent and is subject to Article 9 of this title, but: (1) No security agreement is necessary to make the security interest enforceable (paragraph (a) of subsection (1) of Code Section 11-9-203); (2) No filing is required to perfect the security interest; and (3) The security interest has priority over conflicting perfected security interests in the item, accompanying documents, or proceeds. 11-4-211. When bank gives value for purposes of holder in due course. For purposes of determining its status as a holder in due course, a bank has given value to the extent it has a security interest in an item, if the bank otherwise complies with the requirements of Code Section 11-3-302 on what constitutes a holder in due course. 11-4-212. Presentment by notice of item not payable by, through, or at a bank; liability of drawer or indorser. (a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under Code Section 11-3-501 by the close of the bank's next banking day after it knows of the requirement. (b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under Code Section 11-3-501 is not received by the close of business on the day after maturity or, in the case of demand items by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or indorser by sending it notice of the facts. SECTION 10. Said title is further amended by striking in its entirety Code Section 11-4-211, relating to media of remittance and provisional and final settlement in remittance cases, which reads as follows: 11-4-211. Media of remittance; provisional and final settlement in remittance cases. (1) A collecting bank may take in settlement of an item:

Page 1395

(a) A check of the remitting bank or of another bank on any bank except the remitting bank; or (b) A cashier's check or similar primary obligation of a remitting bank which is a member of or clears through a member of the same clearing-house or group as the collecting bank; or (c) Appropriate authority to charge an account of the remitting bank or of another bank with the collecting bank; or (d) If the item is drawn upon or payable by a person other than a bank, a cashier's check, certified check, or other bank check or obligation. (2) If before its midnight deadline the collecting bank properly dishonors a remittance check or authorization to charge on itself or presents or forwards for collection a remittance instrument of or on another bank which is of a kind approved by subsection (1) of this Code section or has not been authorized by it, the collecting bank is not liable to prior parties in the event of the dishonor of such check, instrument, or authorization. (3) A settlement for an item by means of a remittance instrument or authorization to charge is or becomes a final settlement as to both the person making and the person receiving the settlement: (a) If the remittance instrument or authorization to charge is of a kind approved by subsection (1) of this Code section or has not been authorized by the person receiving the settlement and in either case the person receiving the settlement acts seasonably before its midnight deadline in presenting, forwarding for collection, or paying the instrument or authorization, at the time the remittance instrument or authorization is finally paid by the payor by which it is payable; (b) If the person receiving the settlement has authorized remittance by a nonbank check or obligation or by a cashier's check or similar primary obligation of or a check upon the payor or other remitting bank which is not of a kind approved by subsection (1)(b) of this Code section, at the time of the receipt of such remittance check or obligation; or (c) If in a case not covered by subparagraphs (a) or (b) of this subsection the person receiving the settlement fails to seasonably present, forward for collection, pay, or return a remittance instrument or authorization to it to charge before its midnight deadline, at such midnight deadline., and inserting in its place the following: 11-4-213. Medium and time of settlement by bank. (a) With respect to settlement by a bank, the medium and time of settlement may be prescribed by federal reserve regulations or circulars,

Page 1396

clearing-house rules, and the like, or agreement. In the absence of such prescription: (1) The medium of settlement is cash or credit to an account in a federal reserve bank of or specified by the person to receive settlement; and (2) The time of settlement is: (i) With respect to tender of settlement by cash, a cashier's check, or a teller's check, when the cash or check is sent or delivered; (ii) With respect to tender of settlement by credit in an account in a federal reserve bank, when the credit is made; (iii) With respect to tender of settlement by a credit or debit to an account in a bank, when the credit or debit is made or, in the case of tender of settlement by authority to charge an account, when the authority is sent or delivered; or (iv) With respect to tender of settlement by a funds transfer, when payment is made pursuant to subsection (a) of Code Section 11-4A-406 to the person receiving settlement. (b) If the tender of settlement is not by a medium authorized by subsection (a) of this Code section or the time of settlement is not fixed by subsection (a) of this Code section, no settlement occurs until the tender of settlement is accepted by the person receiving settlement. (c) If settlement for an item is made by cashier's check or teller's check and the person receiving settlement, before its midnight deadline: (1) Presents or forwards the check for collection, settlement is final when the check is finally paid; or (2) Fails to present or forward the check for collection, settlement is final at the midnight deadline of the person receiving settlement. (d) If settlement for an item is made by giving authority to charge the account of the bank giving settlement in the bank receiving settlement, settlement is final when the charge is made by the bank receiving settlement if there are funds available in the account for the amount of the item. SECTION 11. Said title is further amended by striking Code Section 11-4-212, relating to right of charge-back or refund; Code Section 11-4-213, relating to final payment of item by payor bank, provisional debits and credits, and availability for withdrawal of certain credits; and Code Section 11-4-214, relating to insolvency and preference, and inserting in lieu thereof new renumbered sections to read as follows:

Page 1397

11-4-214. Right of charge-back or refund; liability of collecting bank; return of item. (a) If a collecting bank has made provisional settlement with its customer for an item and fails by reason of dishonor, suspension of payments by a bank, or otherwise to receive settlement for the item which is or becomes final, the bank may revoke the settlement given by it, charge back the amount of any credit given for the item to its customer's account, or obtain refund from its customer, whether or not it is able to return the item, if by its midnight deadline or within a longer reasonable time after it learns the facts it returns the item or sends notification of the facts. If the return or notice is delayed beyond the bank's midnight deadline or a longer reasonable time after it learns the facts, the bank may revoke the settlement, charge back the credit, or obtain refund from its customer, but it is liable for any loss resulting from the delay. These rights to revoke, charge back, and obtain refund terminate if and when a settlement for the item received by the bank is or becomes final. (b) A collecting bank returns an item when it is sent or delivered to the bank's customer or transferor or pursuant to its instructions. (c) A depositary bank that is also the payor may charge back the amount of an item to its customer's account or obtain refund in accordance with the Code section governing return of an item received by a payor bank for credit on its books (Code Section 11-4-301). (d) The right to charge back is not affected by: (1) Previous use of a credit given for the item; or (2) Failure by any bank to exercise ordinary care with respect to the item, but a bank so failing remains liable. (e) A failure to charge back or claim refund does not affect other rights of the bank against the customer or any other party. (f) If credit is given in dollars as the equivalent of the value of an item payable in foreign money, the dollar amount of any charge-back or refund must be calculated on the basis of the bank-offered spot rate for the foreign money prevailing on the day when the person entitled to the charge-back or refund learns that it will not receive payment in ordinary course. 11-4-215. Final payment of item by payor bank; when provisional debits and credits become final; when certain credits become available for withdrawal. (a) An item is finally paid by a payor bank when the bank has first done any of the following: (1) Paid the item in cash;

Page 1398

(2) Settled for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; or (3) Made a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearing-house rule, or agreement. (b) If provisional settlement for an item does not become final, the item is not finally paid. (c) If provisional settlement for an item between the presenting and payor banks is made through a clearing-house or by debits or credits in an account between them, then to the extent that provisional debits or credits for the item are entered in accounts between the presenting and payor banks or between the presenting and successive prior collecting banks seriatim, they become final upon final payment of the item by the payor bank. (d) If a collecting bank receives a settlement for an item which is or becomes final, the bank is accountable to its customer for the amount of the item and any provisional credit given for the item in an account with its customer becomes final. (e) Subject to applicable law stating a time for availability of funds and any right of the bank to apply the credit to an obligation of the customer, credit given by a bank for an item in a customer's account becomes available for withdrawal as of right: (1) If the bank has received a provisional settlement for the item, when the settlement becomes final and the bank has had a reasonable time to receive return of the item and the item has not been received within that time; (2) If the bank is both the depositary bank and the payor bank, and the item is finally paid, at the opening of the bank's second banking day following receipt of the item. (f) Subject to applicable law stating a time for availability of funds and any right of a bank to apply a deposit to an obligation of the depositor, a deposit of money becomes available for withdrawal as of right at the opening of the bank's next banking day after receipt of the deposit. 11-4-216. Insolvency and preference. (a) If an item is in or comes into the possession of a payor or collecting bank that suspends payment and the item has not been finally paid, the item must be returned by the receiver, trustee, or agent in charge of the closed bank to the presenting bank or the closed bank's customer. (b) If a payor bank finally pays an item and suspends payments without making a settlement for the item with its customer or the presenting

Page 1399

bank which settlement is or becomes final, the owner of the item has a preferred claim against the payor bank. (c) If a payor bank gives or a collecting bank gives or receives a provisional settlement for an item and thereafter suspends payments, the suspension does not prevent or interfere with the settlement's becoming final if the finality occurs automatically upon the lapse of certain time or the happening of certain events. (d) If a collecting bank receives from subsequent parties settlement for an item, which settlement is or becomes final and the bank suspends payments without making a settlement for the item with its customer which settlement is or becomes final, the owner of the item has a preferred claim against the collecting bank. SECTION 12. Said title is further amended by striking Code Section 11-4-301, relating to deferred posting, recovery of payment by return of items and time of dishonor; Code Section 11-4-302, relating to the payor bank's responsibility for late return of an item; and Code Section 11-4-303, relating to when items are subject to notice, stop-order, legal process, or setoff and the order in which items may be charged or certified, and inserting in lieu thereof new Code sections to read as follows: 11-4-301. Deferred posting; recovery of payment by return of items; time of dishonor; return of items by payor bank. (a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the settlement if, before it has made final payment and before its midnight deadline, it: (1) Returns the item; or (2) Sends written notice of dishonor or nonpayment if the item is unavailable for return. (b) If a demand item is received by a payor bank for credit on its books, it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a) of this Code section. (c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this Code section. (d) An item is returned: (1) As to an item presented through a clearing-house, when it is delivered to the presenting or last collecting bank or to the clearing-house

Page 1400

or is sent or delivered in accordance with clearing-house rules; or (2) In all other cases, when it is sent or delivered to the bank's customer or transferor or pursuant to instructions. 11-4-302. Payor bank's responsibility for late return of item. (a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of: (1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or (2) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents. (b) The liability of a payor bank to pay an item pursuant to subsection (a) of this Code section is subject to defenses based on breach of a presentment warranty (Code Section 11-4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank. 11-4-303. When items subject to notice, stop-payment order, legal process, or setoff; order in which items may be charged or certified. (a) Any knowledge, notice, or stop-payment order received by, legal process served upon, or setoff exercised by a payor bank comes too late to terminate, suspend, or modify the bank's right or duty to pay an item or to charge its customer's account for the item, if the knowledge, notice, stop-payment order, or legal process is received or served and a reasonable time for the bank to act thereon expires or the setoff is exercised after the earliest of the following: (1) The bank accepts or certifies the item; (2) The bank pays the item in cash; (3) The bank settles for the item without having a right to revoke the settlement under statute, clearing-house rule, or agreement; (4) The bank becomes accountable for the amount of the item under Code Section 11-4-302 dealing with the payor bank's responsibility for late return of items; or (5) With respect to checks, a cutoff hour no earlier than one hour after the opening of the next banking day after the banking day on

Page 1401

which the bank received the check and no later than the close of that next banking day or, if no cutoff hour is fixed, the close of the next banking day after the banking day on which the bank received the check. (b) Subject to subsection (a) of this Code section, items may be accepted, paid, certified, or charged to the indicated account of its customer in any order. SECTION 13. Said title is further amended by striking Code Section 11-4-401, relating to when bank may charge customer's account; Code Section 11-4-402, relating to a bank's liability to a customer for wrongful dishonor; Code Section 11-4-403, relating to a customer's right to stop payment and the burden of proof of loss; Code Section 11-4-404, relating to a bank not obligated to pay check more than six months old; Code Section 11-4-405, relating to a customer's death or incompetence; Code Section 11-4-406, relating to the customer's duty regarding an unauthorized signature or alteration; and Code Section 11-4-407, relating to the payor bank's right to subrogation on improper payment, and inserting in lieu thereof new Code sections to read as follows: 11-4-401. When bank may charge customer's account. (a) A bank may charge against the account of a customer an item that is properly payable from that account even though the charge creates an overdraft. An item is properly payable if it is authorized by the customer and is in accordance with any agreement between the customer and bank. (b) A customer is not liable for the amount of an overdraft if the customer neither signed the item nor benefited from the proceeds of the item. (c) A bank may charge against the account of a customer a check that is otherwise properly payable from the account, even though payment was made before the date of the check, unless the customer has given notice to the bank of the postdating describing the check with reasonable certainty. The notice is effective for the period stated in subsection (b) of Code Section 11-4-403 for stop-payment orders, and must be received at such time and in such manner as to afford the bank a reasonable opportunity to act on it before the bank takes any action with respect to the check described in Code Section 11-4-303. If a bank charges against the account of a customer a check before the date stated in the notice of postdating, the bank is liable for damages for the loss resulting from its act. The loss may include damages for dishonor of subsequent items under Code Section 11-4-402. (d) A bank that in good faith makes payment to a holder may charge the indicated account of its customer according to:

Page 1402

(1) The original terms of the altered item; or (2) The terms of the completed item, even though the bank knows the item has been completed unless the bank has notice that the completion was improper. 11-4-402. Bank's liability to customer for wrongful dishonor; time of determining insufficiency of account. (a) Except as otherwise provided in this article, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft. (b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case. (c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful. 11-4-403. Customer's right to stop payment; burden of proof of loss. (a) A customer or any person authorized to draw on the account if there is more than one person may stop payment of any item drawn on the customer's account or close the account by an order to the bank describing the item or account with reasonable certainty received at a time and in a manner that affords the bank a reasonable opportunity to act on it before any action by the bank with respect to the item described in Code Section 11-4-303. If the signature of more than one person is required to draw on an account, any of these persons may stop payment or close the account. (b) A stop-payment order is effective for six months, but it lapses after 14 calendar days if the original order was oral and was not confirmed in writing within that period. A stop-payment order may be renewed for additional six-month periods by a writing given to the bank within a period during which the stop-payment order is effective. (c) The burden of establishing the fact and amount of loss resulting from the payment of an item contrary to a stop-payment order or order

Page 1403

to close an account is on the customer. The loss from payment of an item contrary to a stop-payment order may include damages for dishonor of subsequent items under Code Section 11-4-402. 11-4-404. Bank not obliged to pay check more than six months old. A bank is under no obligation to a customer having a checking account to pay a check, other than a certified check, which is presented more than six months after its date, but it may charge its customer's account for a payment made thereafter in good faith. 11-4-405. Death or incompetence of customer. (a) A payor or collecting bank's authority to accept, pay, or collect an item or to account for proceeds of its collection, if otherwise effective, is not rendered ineffective by incompetence of a customer of either bank existing at the time the item is issued or its collection is undertaken if the bank does not know of an adjudication of incompetence. Neither death nor incompetence of a customer revokes the authority to accept, pay, collect, or account until the bank knows of the fact of death or of an adjudication of incompetence and has reasonable opportunity to act on it. (b) Even with knowledge, a bank may for ten days after the date of death pay or certify checks drawn on or before that date unless ordered to stop payment by a person claiming an interest in the account. 11-4-406. Customer's duty to discover and report unauthorized signature or alteration. (a) A bank that sends or makes available to a customer a statement of account showing payment of items for the account shall either return or make available to the customer the items paid or provide information in the statement of account sufficient to allow the customer reasonably to identify the items paid. The statement of account provides sufficient information if the item is described by item number, amount, and date of payment. (b) If the items are not returned to the customer, the person retaining the items shall either retain the items or, if the items are destroyed, maintain the capacity to furnish legible copies of the items until the expiration of seven years after receipt of the items. A customer may request an item from the bank that paid the item, and that bank must provide in a reasonable time either the item or, if the item has been destroyed or is not otherwise obtainable, a legible copy of the item. (c) If a bank sends or makes available a statement of account or items pursuant to subsection (a) of this Code section, the customer must exercise reasonable promptness in examining the statement or the items to determine whether any payment was not authorized because of an alteration of an item or because a purported signature by or on behalf of

Page 1404

the customer was not authorized. If, based on the statement or items provided, the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts. (d) If the bank proves that the customer failed, with respect to an item, to comply with the duties imposed on the customer by subsection (c) of this Code section, the customer is precluded from asserting against the bank: (1) The customer's unauthorized signature or any alteration on the item, if the bank also proves that it suffered a loss by reason of the failure; and (2) The customer's unauthorized signature or alteration by the same wrongdoer on any other item paid in good faith by the bank if the payment was made before the bank received notice from the customer of the unauthorized signature or alteration and after the customer had been afforded a reasonable period of time, not exceeding 30 days, in which to examine the item or statement of account and notify the bank. (e) If subsection (d) of this Code section applies and the customer proves that the bank failed to exercise ordinary care in paying the item and that the failure substantially contributed to loss, the loss is allocated between the customer precluded and the bank asserting the preclusion according to the extent to which the failure of the customer to comply with subsection (c) of this Code section and the failure of the bank to exercise ordinary care contributed to the loss. If the customer proves that the bank did not pay the item in good faith, the preclusion under subsection (d) of this Code section does not apply. (f) Without regard to care or lack of care of either the customer or the bank, a customer who does not within 60 days after the statement or items are made available to the customer (subsection (a) of this Code section) discover and report the customer's unauthorized signature on or any alteration on the face of the item or who does not within one year from that time discover and report any unauthorized indorsement or alteration on the back of the item is precluded from asserting against the bank the unauthorized signature, indorsement or alteration. If there is a preclusion under this subsection, the payor bank may not recover for breach of warranty under Code Section 11-4-208 with respect to the unauthorized signature or alteration to which the preclusion applies. 11-4-407. Payor bank's right to subrogation on improper payment. If a payor bank has paid an item over the order of the drawer or maker to stop payment, or after an account has been closed, or otherwise under

Page 1405

circumstances giving a basis for objection by the drawer or maker, to prevent unjust enrichment and only to the extent necessary to prevent loss to the bank by reason of its payment of the item, the payor bank is subrogated to the rights: (1) Of any holder in due course on the item against the drawer or maker; (2) Of the payee or any other holder of the item against the drawer or maker either on the item or under the transaction out of which the item arose; and (3) Of the drawer or maker against the payee or any other holder of the item with respect to the transaction out of which the item arose. SECTION 14. Said title is further amended by striking Code Section 11-4-501, relating to handling of documentary drafts, duty to send for presentment and to notify customer of dishonor; Code Section 11-4-502, relating to presentment of on arrival drafts; Code Section 11-4-503, relating to the presenting bank's responsibility for documents and goods, report for dishonor, and referees; and Code Section 11-4-504, relating to the presenting bank's privileges to deal with goods and security interest for expenses, and inserting in lieu thereof new Code sections to read as follows: 11-4-501. Handling of documentary drafts; duty to send for presentment and to notify customer of dishonor. A bank that takes a documentary draft for collection shall present or send the draft and accompanying documents for presentment and, upon learning that the draft has not been paid or accepted in due course, shall seasonably notify its customer of the fact even though it may have discounted or bought the draft or extended credit available for withdrawal as of right. 11-4-502. Presentment of `on arrival' drafts. If a draft or the relevant instructions require presentment `on arrival,' `when goods arrive,' or the like, the collecting bank need not present until in its judgment a reasonable time for arrival of the goods has expired. Refusal to pay or accept because the goods have not arrived is not dishonor; the bank must notify its transferor of the refusal but need not present the draft again until it is instructed to do so or learns of the arrival of the goods. 11-4-503. Responsibility of presenting bank for documents and goods; report of reasons for dishonor; referee in case of need. Unless otherwise instructed and except as provided in Article 5 of this title, a bank presenting a documentary draft:

Page 1406

(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and (2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or, if the presenting bank does not choose to utilize the referee's services, it must use diligence and good faith to ascertain the reason for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions. However, the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses. 11-4-504. Privilege of presenting bank to deal with goods; security interest for expenses. (a) A presenting bank that, following the dishonor of a documentary draft, has seasonably requested instructions but does not receive them within a reasonable time may store, sell, or otherwise deal with the goods in any reasonable manner. (b) For its reasonable expenses incurred by action under subsection (a) of this Code section, the presenting bank has a lien upon the goods or their proceeds, which may be foreclosed in the same manner as an unpaid seller's lien. SECTION 15. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by striking in its entirety Code Section 9-3-24, relating to actions on simple contracts, and inserting in lieu thereof a new section to read as follows: 9-3-24. All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11. SECTION 16. Title 24 of the Official Code of Georgia Annotated, relating to evidence, is amended by inserting a new Code section to be designated Code Section 24-4-23.1 to read as follows:

Page 1407

24-4-23.1. (a) As used in this Code section: (1) `Bank' means any person engaged in the business of banking and includes, in addition to a commercial bank, a savings and loan association, savings bank, or credit union; and (2) `Check' means a draft, other than a documentary draft, payable on demand and drawn on a bank, even though it is described by another term, such as `share draft' or `negotiable order of withdrawal.' (b) In any dispute concerning payment by means of a check, a copy of the check produced in accordance with Code Section 24-5-26, together with the original bank statement that reflects payment of the check by the bank on which it was drawn or a copy thereof produced in the same manner, creates a presumption that the check has been paid. SECTION 17. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. REVENUE AND TAXATION EXCISE TAXES LEVIED BY COUNTIES AND MUNICIPALITIES ON CHARGES FOR ROOMS, LODGINGS, AND ACCOMMODATIONS; AUTHORIZATION AND CONDITIONS FOR CERTAIN COUNTIES AND MUNICIPALITIES; RESTRICTIONS ON AGGREGATE AMOUNT OF CERTAIN TAXES; REQUIREMENTS AND LIMITATIONS. Code Section 48-13-51 Amended. No. 1018 (House Bill No. 1487). 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 authorization with certain conditions for certain counties and municipalities to levy such tax; to change certain restrictions applicable to the aggregate amount of certain excise taxes and sales and use taxes and other taxes which may be imposed by a county or municipality; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

Page 1408

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 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), (3.5), (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

Page 1409

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), (3.5), (4), (4.1), (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 a new paragraph immediately following paragraph (3.4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (3.5), to read as follows: (3.5) Notwithstanding the provisions of paragraph (1) of this subsection, a local consolidated government (within the territorial limits of the special district located within the county the boundary of which is conterminous with that of such local consolidated government) may levy a tax under this Code section at a rate of 6 percent. A local consolidated government levying a tax pursuant to this paragraph shall expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to the amount by which the total taxes collected under this Code section exceed the taxes which would be collected at a rate of 3 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization. In addition to the amounts thus required to be expended, a local consolidated government levying a tax pursuant to this paragraph shall further expend (in each fiscal year during which the tax is collected under this paragraph (3.5)) an amount equal to 16 2/3 percent of the total taxes collected at the rate of 6 percent for the purpose of supporting a civic center owned and operated by the local consolidated government. SECTION 3. Said article is further amended by striking paragraph (5.1) of subsection (a) of Code Section 48-13-51, relating to county and municipal levies on public accommodations charges for promotion of tourism, conventions, and trade shows, 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 the General Assembly for a county and one or more municipalities

Page 1410

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; provided, however, that any sales tax for educational purposes which is imposed pursuant to Article VIII, Section VI, Paragraph IV of the Constitution shall not be included in calculating such limitation. Any tax levied pursuant to this paragraph (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

Page 1411

the holder of any such obligation and, upon the issuance of any such obligation by a local coliseum and exhibit hall authority or a downtown development authority, shall constitute a contract with the holder of such obligation. Notwithstanding any other provision of this Code section to the contrary, as used in this paragraph (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 4. 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), (3.5), (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), (3.5), (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), (3.5), (4.1), (5), or (5.1) of this subsection.

Page 1412

SECTION 5. 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), (3.5), (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), (3.5), (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), (3.5), (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), (3.5), (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), (3.2), (3.3), (3.4), (3.5), (3.1), (4), (4.1), (5), or (5.1) of this subsection. SECTION 6. (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.

Page 1413

(b) Section 3 of this Act shall become effective on January 1, 1997; provided, however, that Section 3 of this Act shall only become effective on January 1, 1997, upon the ratification of House Resolution 728 at the November, 1996, state-wide general election, which resolution provides for the levy of a 1 percent sales tax for educational purposes. If such resolution is not so ratified, this Act shall not become effective and shall stand repealed in its entirety on January 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. MOTOR VEHICLES AND TRAFFIC DRIVING UNDER THE INFLUENCE OF GLUE, AEROSOL, OR OTHER TOXIC VAPOR PROHIBITED. Code Section 40-6-391 Amended. No. 1020 (Senate Bill No. 560). AN ACT To amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of driving under the influence of alcohol or drugs, so as to provide for the applicability of said statute to driving under the intentional influence of any glue, aerosol, or other toxic vapor; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the crime of driving under the influence of alcohol or drugs, is amended by striking subsection (a) and inserting in its place a new subsection to read as follows: (a) A person shall not drive or be in actual physical control of any moving vehicle while: (1) Under the influence of alcohol to the extent that it is less safe for the person to drive; (2) Under the influence of any drug to the extent that it is less safe for the person to drive; (3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

Page 1414

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive; (5) The person's alcohol concentration is 0.10 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or (6) 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. SECTION 2. This Act shall become effective July 1, 1996, and shall apply with respect to offenses committed on or after that effective date. This Act shall not apply to or affect offenses committed prior to that effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. DOMESTIC RELATIONS COMMON-LAW MARRIAGES PROHIBITED. Code Section 19-3-1.1 Enacted. No. 1021 (House Bill No. 1278). AN ACT To amend Article 1 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, so as to provide that no common-law marriage shall be entered into in this state on or after January 1, 1997; to provide that otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected and shall continue to be recognized in this state; to provide for a state-wide education program regarding this Act and the elements of a valid common-law marriage; 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 19 of the Official Code of Georgia Annotated, relating to general provisions relating to marriage, is amended by adding, after Code Section 19-3-1 the following:

Page 1415

19-3-1.1. No common-law marriage shall be entered into in this state on or after January 1, 1997. Otherwise valid common-law marriages entered into prior to January 1, 1997, shall not be affected by this Code section and shall continue to be recognized in this state. SECTION 2. The Department of Human Resources is authorized and directed to implement a state-wide education program through the broadcast and print media to inform state residents regarding the Code section enacted by this Act and the elements of a valid common-law marriage. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. LOCAL GOVERNMENT COUNTIES WITH POPULATION OF 400,000 OR MORE; APPROPRIATIONS FOR AND GRANTS TO CERTAIN CHARITABLE ORGANIZATIONS. Code Section 36-1-19 Repealed. Code Section 36-1-19.1 Enacted. No. 1022 (House Bill No. 1682). AN ACT To amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of local government law applicable to counties only, so as to provide procedures for a governing authority of a county with a population of 400,000 or more to appropriate money for and make grants or contributions to charitable organizations with activities in the county; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions of local government law applicable to counties only, is amended by striking Code Section 36-1-19, relating to appropriations for charitable grants or contributions in counties with more than 550,000 population, and inserting in lieu thereof the following:

Page 1416

36-1-19. Reserved. SECTION 2. Said chapter is further amended by adding immediately preceding Code Section 36-1-20, relating to ordinances for governing and policing of unincorporated areas of a county, a new Code section to read as follows: 36-1-19.1. (a) In all counties of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census, the governing authorities of such counties are authorized to provide by ordinance for the appropriation of money for and the making of grants or contributions to any corporation, association, institution, or individual for purely charitable purposes, provided that the activities funded by any such grants or contributions shall take place within the county making such grant or contribution. (b) In connection with the appropriation of money for or the making of any grant or contribution for purely charitable purposes, the governing authority of any county within this state may establish such boards or councils as it may determine to establish the procedures by which such grants or contributions are made and to advise the governing authorities of such counties generally with respect to such grants or contributions. (c) Appropriations, grants, and contributions made pursuant to this Code section shall be in the form of contracts for services. (d) For the purpose of this Code section, `purely charitable purposes' shall mean charitable, benevolent, or philanthropic purposes for health, education, social welfare, arts and humanities, environmental or organizations. (e) No funds may be appropriated, granted, or contributed hereunder for a purpose which is in violation of the laws of this state; provided, however, that this subsection shall not be interpreted to prohibit a good faith expenditure of funds for purposes authorized by law. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1417

BUILDINGS AND HOUSING LEGISLATIVE DECLARATIONS REGARDING UNSANITARY HOUSING; HOUSING AUTHORITIES; POWERS; TAX AND SPECIAL ASSESSMENT EXEMPTIONS; RENTING OF HOUSING UNITS. Code Title 8, Chapter 3 Amended. No. 1023 (House Bill No. 1355). AN ACT To amend Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, so as to revise the legislative findings; to revise a definition; to change provisions relating to the exemption of authorities and their property from taxes and special assessments; to change provisions relating to the renting of housing units; to change provisions relating to the general powers of an 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 3 of Title 8 of the Official Code of Georgia Annotated, relating to housing generally, is amended by striking Code Section 8-3-2, relating to legislative findings and declarations of necessity, and inserting in its place a new Code Section 8-3-2 to read as follows: 8-3-2. It is declared that there exist in the state unsanitary and unsafe dwelling accommodations; that persons of low income are forced to reside in such accommodations; that within the state there is a shortage of safe and sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are therefore forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals, and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities; that these distressed areas cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, solely through the operation of private enterprise, and that the construction of housing projects for persons of low income, as such persons are defined in Code Section 8-3-3, would therefore not be competitive with private enterprise; that the clearance, replanning, and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations

Page 1418

for persons of low income are public uses and purposes for which public money may be spent and private property acquired; and that it is in the public interest that work on such projects be commenced as soon as possible in order to relieve unemployment which now constitutes an emergency. The necessity in the public interest for the provisions enacted in this article is declared as a matter of legislative determination. SECTION 2. Said chapter is further amended by striking paragraph (13.1) of Code Section 8-3-3, relating to definitions, and inserting in lieu thereof the following: (13.1) `Private enterprise agreement' means a contract between a housing authority and a person or entity operating for profit for: (A) The management of a housing project; (B) The development of and the provision of credit enhancement with respect to a housing project; (C) The ownership of a housing project through the for profit entity in which the housing authority participates, either directly or indirectly through a wholly owned subsidiary, for purposes of facilitating the development, provision of credit enhancement, operation, or management of such housing project in accordance with this article; or (D) Any combination of any of the foregoing. SECTION 3. Said chapter is further amended by striking Code Section 8-3-8, relating to exemption of authorities and their property from taxes and special assessments, and inserting in lieu thereof the following: 8-3-8. The property of an authority is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit and income. That portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for occupancy by persons of low income is declared to be public property used for essential public and governmental purposes and not for purposes of private or corporate benefit or income. Therefore, an authority and its property, as well as only that portion of any housing project subject to a private enterprise agreement contemplated by subparagraph (C) of paragraph (13.1) of Code Section 8-3-3 consisting of the eligible housing units therein that are occupied or reserved for

Page 1419

occupancy by persons of low income, shall be exempt from all taxes and special assessments of the city, the county, and the state or any political subdivision thereof, provided that, in lieu of such taxes or special assessments, an authority may agree to make payments to the city or the county or any such political subdivision for improvements, services, and facilities furnished by such city, county, or political subdivision for the benefit of a housing project; but in no event shall such payments exceed the estimated cost to such city, county, or political subdivision of the improvements, services, or facilities to be so furnished. SECTION 4. Said chapter is further amended by striking Code Section 8-3-11, relating to the requirements as to fixing of rentals by authorities generally, and inserting in lieu thereof a new Code Section 8-3-11 to read as follows: 8-3-11. It is declared to be the policy of this state that each housing authority shall manage and operate its housing projects or, in the event of its use of a private enterprise agreement, shall cause each housing project subject thereto to be managed and operated in an efficient manner so as to enable it to fix the rentals for dwelling accommodations for persons of low income at the lowest possible rates consistent with its providing decent, safe, and sanitary dwelling accommodations for persons of low income, and that no housing authority shall construct or operate the dwelling accommodations in any such project that are occupied or reserved for occupancy by persons of low income for a profit or as a source of revenue to the city or the county. To this end, an authority shall fix the rentals for those dwelling accommodations in such housing projects that are occupied or reserved for occupancy by persons of low income at no higher rates than it shall find necessary in order to produce revenues which, together with all other available moneys, revenues, income, and receipts of the authority from whatever sources derived, will be sufficient: (1) To pay, as the same become due, the principal of and the interest on the bonds of the authority which from time to time are outstanding; (2) To meet the cost of maintaining and operating the eligible housing units in such projects that are used, occupied, or reserved for use or occupancy by persons of low income, including the cost of any insurance; to meet the administrative expenses of the authority; and to provide reasonable reserves for maintenance and operating expenses; and (3) To create and maintain such reasonable reserves as may be required in connection with the issuance of any bonds of the authority

Page 1420

now outstanding or hereafter issued, and to create and maintain reasonable reserves for its future operations. SECTION 5. Said chapter is further amended by striking Code Section 8-3-12, relating to duties as to tenant selection and the manner of renting dwelling accommodations, and inserting in its place the following: 8-3-12. (a) In the operation or management of housing projects, an authority shall at all times observe or cause to be observed the following duties with respect to rentals and tenant selection in those dwelling accommodations that are reserved for occupancy by persons of low income: (1) It may rent or lease such dwelling accommodations only to persons of low income; (2) It may rent or lease such dwelling accommodations only at rentals within the financial reach of such persons of low income; (3) It may rent or lease such dwelling accommodations consisting of the number of rooms (but no greater number) which it deems necessary to provide safe and sanitary accommodations to the proposed low-income occupants thereof without overcrowding; (4) It shall not accept any person as a tenant in such dwelling accommodations if the person or persons who would occupy the dwelling accommodations have, at the time of admission, an aggregate annual net income, less an exemption of $100.00 for each minor member of the family other than the head of the family and his or her spouse, in excess of five times the annual rental of the dwelling accommodation to be furnished such person or persons. In computing the rental for this purpose of selecting tenants, there shall be included in the rental the average annual cost to the occupants, as determined by the authority, of heat, water, electricity, gas, cooking range, and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental; and (5) It shall prohibit subletting by low-income tenants. (b) Nothing contained in this Code section or Code Section 8-3-11 shall be construed as limiting the power of an authority to vest in an obligee the right, in the event of a default by the authority or by any for profit entity in which the authority participates, directly or indirectly, through a private enterprise agreement, to take possession of a housing project or cause the appointment of a receiver thereof or acquire title thereto through foreclosure proceedings, free from all the restrictions imposed by this Code section or Code Section 8-3-11, provided that an authority

Page 1421

may agree to conditions as to tenant eligibility or preference required by the federal government pursuant to federal law in any contract for financial assistance with the authority. SECTION 6. Said chapter is further amended by striking paragraphs (8) and (9) of subsection (a) of Code Section 8-3-30, relating to the general powers of an authority, and inserting in their place the following: (8) To exercise all or any part or combination of powers granted by this Code section; (9) To invest moneys held in debt service reserve funds or sinking funds not required for immediate use or disbursement in obligations of the types specified in paragraph (5) of this subsection, provided that, for the purpose of this paragraph, the amounts and maturities of such obligations shall be based upon and correlated to the debt service (principal installments and interest payments) schedule for which moneys are to be supplied; and (10) To incorporate one or more nonprofit corporations as subsidiary corporations of the authority for the purpose of carrying out any of the powers of the authority and accomplishing any of the purposes of the authority. Any such subsidiary corporation shall be a nonprofit corporation and a public body corporate and politic exercising public and essential governmental functions. Any subsidiary corporations created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and the Secretary of State shall be authorized to accept such filings. Some or all of the members of the board of directors of the authority shall constitute the members of and shall serve as directors of any subsidiary corporation and such service shall not constitute a conflict of interest. Upon dissolution of any subsidiary corporation of the authority, any assets shall revert to the authority or to any successor to the authority or, failing such succession, to the city or the county, as applicable. The authority shall not be liable for the debts or obligations or bonds of any subsidiary corporation or for the actions or omissions to act of any subsidiary corporation unless the authority expressly so consents. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1422

EDUCATION ELEMENTARY AND SECONDARY EDUCATION; SPECIAL EDUCATION CATEGORIES; QUALITY BASIC EDUCATION FORMULA. Code Sections 20-2-152 and 20-2-161 Amended. No. 1025 (House Bill No. 500). 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 an additional special education category; to provide for the program weight for such additional program; 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 striking subsection (d) of Code Section 20-2-152, relating to special education services, and inserting in its place a new subsection (d) to read as follows: (d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state: (1) Category I: self-contained specific learning disabled and self-contained speech-language disordered; (2) Category II: mildly mentally disabled; (3) Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired; (4) Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired; (5) Category V: those special education students classified as being in Categories I through IV, as defined in this subsection whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and (6) Category VI: intellectually gifted.

Page 1423

SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 20-2-161, relating to the Quality Basic Education Formula, and inserting in its place the following: (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) 1.0000 (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 persons with disabilities: Category V 2.4114 (13) Program for intellectually gifted students: Category VI 1.6374 (14) Remedial education program 1.2985 SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. SOCIAL SERVICES GEORGIA COUNCIL FOR WELFARE ADMINISTRATION CREATED; MEMBERSHIP; POWERS; MEETINGS; NO STATE FUNDS TO BE APPROPRIATED FOR COUNCIL. Code Section 49-2-16 Enacted. No. 1026 (House Bill No. 1328). AN ACT To amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department, commissioner, and Board of Human Resources,

Page 1424

so as to create the Georgia Council for Welfare Administration; to provide for the membership, objectives, and powers of said council; to provide that no state funds shall be appropriated for the benefit or use of such council; to authorize the council to adopt bylaws and organizational procedures; to provide for the call of the initial meeting of the council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating to the Department, commissioner, and Board of Human Resources, is amended by adding following Code Section 49-2-15 a new Code Section 49-2-16 to read as follows: 49-2-16. (a) There is created a Georgia Council for Welfare Administration. The objectives for the council shall be: (1) To promote improvements in public welfare and social service programs of the Division of Family and Children Services within the Department of Human Resources; (2) To provide a forum for the interchange of information relating to welfare and social service programs; and (3) To promote with any organization exempt under Section 501(c)(4) of the United States Internal Revenue Code of 1986 a more efficient public welfare delivery system for the citizens of this state. (b) Membership in the council shall be open to persons actively employed in the Division of Family and Children Services within the Department of Human Resources. (c) No state funds shall be appropriated for the benefit or use of the council. (d) The council is authorized to adopt bylaws which prescribe its organizational structure, officers, terms and condition of office, meeting schedules, and such other organizational procedures as are necessary for its lawful and effective functioning. (e) The commissioner of human resources shall call the initial meeting of the council at which time the council shall organize and select its officers. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996.

Page 1425

FOOD, DRUGS, AND COSMETICS CLINIC PHARMACY DEFINED. Code Section 26-4-2 Amended. No. 1027 (House Bill No. 1496). AN ACT To amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, so as to change the provisions relating to definitions; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists, is amended by striking paragraph (3) of Code Section 26-4-2, relating to definitions, and inserting in its place the following: (3) `Clinic pharmacy' means a pharmacy which is attached to, located in, or otherwise a part of any health clinic or infirmary primarily providing outpatient medical treatment and care, which clinics or infirmaries shall include, without being limited to, state, county, municipal, school, prison, and industrial clinics and infirmaries and any pharnacy department, drug dispensing room, or any other designated area from which drugs are provided to outpatients which is located in and operated by any narcotic treatment program or opiate replacement treatment program, as designated or defined by the Department of Human Resources or such other state agency or officer as may be designated as the state authority for the purposes of implementing the methadone treatment program authorized by federal and state laws and regulations, but shall not include private physicians' offices. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 15, 1996. STATE PROPERTY CONVEYANCE TO GRACEWOOD FEDERAL CREDIT UNION. No. 75 (House Resolution No. 940). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Richmond County, Georgia; to repeal conflicting laws; and for other purposes.

Page 1426

WHEREAS, the State of Georgia is the owner of certain parcels of real property or property interests located in the City of Augusta, Richmond County, Georgia; and WHEREAS, said real properties are all those tracts or parcels of land lying and being in the City of Augusta, Richmond County, Georgia, containing 0.47 of one acre and 0.45 of one acre of adjoining abandoned right of way as described on that certain site plan entitled Gracewood Federal Credit Union dated February 27, 1995, 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 Human Resources; and WHEREAS, the Gracewood Federal Credit Union owns certain property adjoining the above-mentioned state property; and WHEREAS, the Gracewood Federal Credit Union is desirous of obtaining the above-mentioned state property in order to construct a new facility. 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 and property interests shall be conveyed by appropriate instrument to the Gracewood Federal Credit Union by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value but not less than $650.00 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 Gracewood Federal Credit Union 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.

Page 1427

SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Richmond County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. STATE PROPERTY LEASE TO ROCKDALE COUNTY. No. 76 (Senate Resolution No. 445). A RESOLUTION Authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, two tracts of state owned property in Rockdale County containing approximately 405 acres were leased by the Department of Natural Resources for a term of 25 years to Rockdale County by intergovernmental agreement dated October 1, 1977; and WHEREAS, Rockdale County has improved said property and continues to operate said property as a public park and recreational facility; and WHEREAS, said tracts of land are more particularly described as follows: TRACT NO. 1 All that tract or parcel of land lying and being in Sheffield (475) District of Rockdale County, Georgia, containing 59 3/4 acres, more or less, and bounded as follows: North-east by Big Haynes Creek, southeast by lands of Mrs. Vivian Wood Baker and B. P. Wood; southwest by lands of A. J. Sellers; and northwest by lands of Lancaster and Gilbert. Said lands being known as Lot 5 of the lands of Estate of S. H. Wood, more fully described by plat thereof made by L. A. House, Surveyor, on November 24, 1927, and of the record in the Clerk's Office, Rockdale County, Georgia, in Deed Book S, page 417. TRACT NO. 2 All that tract or parcel of land lying and being in Land Lot 294 of the 4th District of Rockdale County, Georgia, containing 76.66 acres, and being more fully and particularly described by plat prepared by J. A. Wells, registered surveyor No. 164, dated July 12, 1960, and of record in Plat Book C, page 213, Clerk's Office, Rockdale County, Georgia, and for the purpose of a more complete and accurate description the said plat is

Page 1428

here by reference incorporated in and made a part of this description.; and All that tract or parcel of land conveyed to the State of Georgia by indenture made on the 26th day of August, 1975, from J. J. Crawford, recorded August 29, 1975 in Book 152, folio 29, in the Office Clerk of Superior Court, Rockdale County, and embraced within the bounds of BLACK SHOALS ROAD and JOHN DAY ROAD as shown and delineated on a certain April, 1974, revised August 22, 1975, plat of survey prepared for the State of Georgia by Evans Surveyors Service, more particularly Joe V. Evans, Georgia Registered Land Surveyor No. 1105, and entitled `PROPOSED ACQUISITION BY THE STATE OF GEORGIA, GEORGIA DEPARTMENT OF NATURAL RESOURCES', a copy of said plat of survey being recorded in Plat Book I, Page 247, of the Records of the Clerk of Superior Court of Rockdale County, Georgia; 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, Rockdale County is desirous of constructing a water reservoir on a portion of the above-described property; and WHEREAS, Rockdale County agrees that the property not inundated by the reservoir shall continue to be used as a public park and recreational area to the benefit of Rockdale County and the State of 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 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 2. That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the hereinabove-described tracts of land to Rockdale County for a period of 50 years commencing with the execution of the lease agreement. SECTION 3. That the consideration for such lease shall be $650.00 and the benefit of the state and upon such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

Page 1429

SECTION 4. That the authorization in this resolution to lease the above-described property to Rockdale 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 lease. 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 15, 1996. STATE PROPERTY CONVEYANCE OR EXCHANGE OF VARIOUS SURPLUS PROPERTY AUTHORIZED; CONVEYANCES TO THE BALDWIN COUNTY HOSPITAL AUTHORITY, THE BALDWIN COUNTY BOARD OF EDUCATION, AND THE MILLEDGEVILLE-BALDWIN COUNTY DEVELOPMENT AUTHORITY. No. 77 (Senate Resolution No. 457). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Hall, Houston, Lumpkin, Richmond, Wayne, and White counties, Georgia; to authorize the conveyance of certain property which may be acquired in the future for the purpose of constructing prisons; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain parcels of real property located in Baldwin, Bartow, Chatham, DeKalb, Floyd, Fulton, Hall, Houston, Lumpkin, Richmond, Wayne, and White counties, Georgia; and WHEREAS, said parcels of real property are all those tracts or parcels of land lying and being in: A. Baldwin County, Georgia, and being that certain unimproved triangular-shaped parcel of land lying and being along and adjoining the northwesterly right of way line of State Route 22, and on the southerly right of way of North Cobb Street, in the Original First Land and present

Page 1430

308th Militia District in Baldwin County, Georgia, it lying and being in Land Lot 282, containing an original area of 6.24 acres (now containing 4.66+/- acres); B. Baldwin County, Georgia, in the original First Land and present 318th Militia District, lying in and being a part of Land Lot 281, and being generally described as those parcels of land lying at or near the northwest corner of the intersection of Roberson Mill Road and State Highway 22 containing 9.68 acres; 10.04 and 1.06 acres as shown on plats prepared by Georgia Registered Land Surveyor Edwin L. Thompson dated June 20, 1987, and July 5, 1987, respectively, and being on file in the offices of the State Properties Commission; C. Baldwin County, Georgia, and being all that tract or parcel of land lying and being in the 319th GMD, 1st Land District of Baldwin County, containing 100+/- acres, and being part of Land Lots 251, 252, 265, and 266, and being bounded as follows: Bounded on the north by the right of way of the Georgia Railroad, on the east by a no-name creek running in a southerly direction from the southern right of way of the Georgia Railroad to the north side of Fishing Creek, and bounded on the south by Fishing Creek, and bounded on the west by Blandy Road. Excepting from the above that parcel of land lying and being in the northwest corner of above containing 14.28 acres and deeded by quitclaim deed dated February 14, 1983, by the State of Georgia to J.P. Stevens and Company; D. Baldwin County, Georgia, and being all that tract or parcel of land lying and being in the 318th GMD, 1st Land District of Baldwin County, and being a part of Land Lots 248, 267, and 268, containing 141.4 acres and shown as tract No. 2 on a plat of survey entitled Plat of Survey Lands of the State of Georgia assigned The Youth Development Center, dated March 31, 1970, by Calvin W. Rice, and recorded in Baldwin County deed records in Deed Book 85, page 474, a copy of which is on file in the office of the State Properties Commission; E. Bartow County, Georgia, and being a parcel of the Western and Atlantic Railroad, lying and being in Land Lot 1216 of the 21st District, 2nd Section, Bartow County, Georgia, and described as a triangular-shaped lot formerly used as a WA section lot lying in the fork between the old WA right of way relocated in 1948-1949 and the existing WA right of way, shown in the WA Railroad Valuation Map No. 2V/16 on file in the Georgia Department of Archives and History, Archives and Records Building, Atlanta, Fulton County, Georgia, and in the offices of the State Properties Commission; F. Chatham County, Georgia, and being all that certain tract of land lying and being in the 4th Militia District of Chatham County, Georgia, containing 27.4+/- acres, and described as that improved property lying on the north side of Eisenhower Drive, beginning at a point 731 feet east

Page 1431

of the east right of way of Waters Avenue, thence running southeasterly 1650 feet along the north right of way of Eisenhower Drive to the western right of way of Seawright Drive, thence running north along the western right of way of Seawright Drive 1834.99 feet to the south side of Cornell Avenue, thence running westerly along the southern right of way of Cornell Avenue 649.94 feet to the eastern boundary of the Stevenson Plantation (now divided into lots), thence running in a southerly direction along the said Stevenson Plantation to the north side of Eisenhower Drive and the point of beginning; G. DeKalb County, Georgia, and being all that tract of land situate, lying and being in Land Lot 211 of the 15th District of DeKalb County, Georgia, containing 27.4+/- acres, and being more particularly described as follows: COMMENCING at the intersection of the south right-of-way line of Georgia (CSX Transportation, Seaboard System Railroad) with the east right-of-way line of Rogers Street (a 50 foot right of way), and the POINT OF BEGINNING; thence south 00 degrees 13 minutes 41 seconds east a distance of 1,678.10 feet to an iron pin placed (shown on the plat as being on the intersection of the east right-of-way line of Rogers Street with the approximate land lot line between Land Lot 211 on the north and Land Lot 206 on the south); thence easterly along the property line (and said approximate land lot line) south 89 degrees 14 minutes 40 seconds east a distance of 754.96 feet to an iron pin placed; thence north 00 degrees 31 minutes 32 seconds west a distance of 1,551.31 feet to an iron pin placed on the south right-of-way line of Georgia Railroad; thence westerly along the property line and said right-of-way line along an arc, the radius of which is 2,149.49 feet and the chord for which bears north 84 degrees 45 minutes 24 seconds west a distance of 389.18 feet, an arc distance of 389.72 feet to an iron pin placed; thence, continuing along said right of way, north 79 degrees 33 minutes 45 seconds west a distance of 9.12 feet to an iron pin placed; thence, continuing along said right of way, along an arc, the radius of which is 1,925.02 feet and the chord for which bears north 74 degrees 08 minutes 02 seconds west a distance of 364.24 feet, an arc distance of 364.79 feet, to an iron pin placed at the intersection of the south right-of-way line of Georgia Railroad with the east right-of-way line of Rogers Street, the POINT OF BEGINNING; H. Floyd County, Georgia, and being 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 17.54+/- acres and including parcels A, B, C, and D, according to a plat of survey prepared by N. B. DeLoach, Georgia Registered Land Surveyor No. 1347, dated April 19, 1990; I. Fulton County, Georgia, and being in the City of Atlanta in Land Lot 77 of the 14th District of Fulton County, Georgia, and more particularly described as follows: BEGINNING at the intersection of the northwest

Page 1432

side of the right of way of South Pryor Street with the southwest side of the right of way of Trinity Avenue, and running thence southwesterly along the northwest side of the right of way of South Pryor Street a distance of 103.7 feet to the northeast line of property now or formerly owned by I. D. Weitz; running thence northwesterly along the northeast line of said Weitz property a distance of 185.4 feet to a point on the southeast side of a 10-foot alley; running thence northeasterly along the southeast side of said alley a distance of 106.8 feet to the intersection of the southeast side of said alley with the southwest side of the right of way of Trinity Avenue; running thence southeasterly along the southwest side of the right of way of Trinity Avenue a distance of 185.8 feet to the point of beginning; being improved property known as Nos. 209, 211, and 213 South Pryor Street, S. W., and Nos. 160 and 164 Trinity Avenue, S.W., according to the present system of numbering houses in the City of Atlanta, and shown on a blueprint of survey; J. Fulton County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 77 of the 14th District of Fulton County, Georgia, being more particularly described as follows: BEGINNING at the intersection formed by the southeastern side of Pryor Street and the southwestern side of Mitchell Street, and running thence in a southwesterly direction along the southeastern side of Pryor Street a distance of 95 feet to the southwestern edge of a wall; thence in a southeasterly direction along said wall a distance of 140.11 feet to the southeastern edge of another wall on an alley; thence in a northeasterly direction along the southeastern edge of said wall a distance of 95.07 feet to the southwestern side of Mitchell Street; thence in a northwesterly direction along the southwestern side of Mitchell Street a distance of 140.08 feet to the southeastern side of Pryor Street and the point of beginning; being improved property known as Nos. 110-112-116 Mitchell Street and Nos. 166-172 Pryor Street, according to the present system of numbering houses and improvements in the City of Atlanta; K. Fulton County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 6 of the 14th District of Fulton County, Georgia, more particularly described as follows: BEGINNING at a point on the north side of Constitution Road, 1,281.6 feet east of the intersection of the north side of Constitution Road and the east side of Forest Park Road, at an iron pin; thence east along the north side of Constitution Road 600 feet to an iron pin at the southeast corner of the Max H. Kessler, et al., tract, and at the west line of property formerly owned by Sawtell; thence north 1 degree 20 minutes west along said property line, 514.4 feet to the right of way of the Southern Railway to an iron pin; thence northwest along the southwest line of the right of way aforesaid, 729.1 feet to an iron pin; thence south 3 degrees 30 minutes east, 899.19 feet to Constitution Road and the point of beginning. Said property being more fully shown on plat of same made by J. A. Page, Surveyor, dated April 12, 1954, and containing 9.62 acres;

Page 1433

L. Fulton County, Georgia, and being more all that tract or parcel of improved land lying and being in the City of Atlanta, in Land Lot 54 of the 14th District of Fulton County, Georgia, containing 0.39 of one acre and being more particularly described as follows: BEGINNING at the southeast corner of Ormond and Fraser Streets, in the City of Atlanta; and running thence east along the south side of Ormond Street 90.2 feet to the west line of Lot 3; thence south along the west line of said Lot 3, 207.2+/- feet, to a 15 foot alley; thence west along the north side of said alley 71.8 feet to Fraser Street; thence north along the east side of Fraser Street 209.8 feet to the point of beginning; being improved property and being now or formerly numbered 53-55-57-59 Ormond Street, S. E., according to the numbering of houses in the City of Atlanta, Georgia; M. Hall County, Georgia, and being all that tract or parcel of land lying and being in Land Lot 166 of the 9th Land District of Hall County containing 0.95 of one acre and being more particularly described on a plat of survey entitled Proposed acquisition by the State of Georgia, custody in the Department of Corrections by Georgia Registered Land Surveyor Tommie M. Donaldson, Jr., #1617, on file with the State Properties Commission; N. Houston County, and being all that tract or parcel of land lying and being in the upper 5th District of Houston County, Georgia, containing 139.9+/- acres, and being part of Land Lots 83 and 84, and being more particularly described in a plat of survey by Cherokee Engineering Company dated June, 1957, entitled Property of the State of Georgia, Georgia Forestry Commission (recorded in Map Book 4, page 266, in Houston County Deed Records) on file with the State Properties Commission; O. Lumpkin County, Georgia, and being in the 13th Land District, 1st Section, and being all of Land Lots Nos. 111, 112, 113, 146, and 147, and being a portion of Land Lots Nos. 84 and 148, Lumpkin County, Georgia, containing 239+/- acres as shown on a drawing on file with the State Properties Commission; P. Richmond County, Georgia, and being all those tracts or parcels of land lying and being in Richmond County containing 550+/- acres and being in close proximity to Gracewood State School and Hospital as illustrated on that certain drawing on file in the offices of the State Properties Commission; Q. Wayne County, Georgia, and being all that tract or parcel of land lying and being in the City of Jesup, Wayne County, containing 6.5+/- acres, and being generally described as that parcel of improved property situate, lying and being on State Highway 38, northeast of the intersection of Project Street, and is more particularly shown on a plat of survey on file in the offices of the State Properties Commission; R. White County, Georgia, and being all that tract or parcel of land lying and being in the 162nd Land Lot of White County and being generally

Page 1434

described as that certain now vacant and unimproved tract or parcel of land situate, lying and being west of Loudsville Road, containing 5+/- acres, and is more particularly shown on a plat of survey on file in the offices of the State Properties Commission; and WHEREAS, each of the above-described tracts or parcels may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the purchaser to the State Properties Commission for approval; and WHEREAS, said properties are under the custody of the State Properties Commission, Department of Defense, Georgia Building Authority, Department of Education, Department of Corrections, Georgia Forestry Commission, Department of Agriculture, Department of Natural Resources, and the Department of Human Resources; and WHEREAS, the subject properties are underutilized and the Commission on Privatization has determined that all or a portion of the above-described parcels are surplus to the needs of the State of Georgia; and WHEREAS, there is a pressing state need for funds with which to acquire and protect lands along Georgia's 70,000 miles of rivers and streams; and WHEREAS, this state has embarked on a major new program to inventory, identify, and protect segments of Georgia's rivers for recreation and scenic amenities; and WHEREAS, it is the intent of the General Assembly that any proceeds from the sale of surplus state properties be utilized for the acquisition of properties for wildlife management areas, parks, or other public recreational areas or for the protection of sensitive river corridors and streams. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real properties 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. (a) That all or a portion of each of the above-described real properties shall be sold by competitive bid for a consideration of the fair market value of such properties as determined to be in the best interest of the State of Georgia by the State Properties Commission or shall be exchanged for

Page 1435

property or properties of an equal value as determined to be in the best interest of the State of Georgia by the State Properties Commission; provided, however, that all or a portion of each of the above-described real properties may be sold subject to the provisions of subsection (b) of this section to a city, county, school board, or other local public entity, which shall include development authorities or industrial development authorities, for not less than the fair market value without the necessity of competitive bid or may be exchanged subject to the provisions of subsection (b) of this section for other property or properties of a city, county, school board, or other local public entity having an equal value, 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. (b) That any contract for the sale of the above-described real properties or a portion thereof shall provide that if any city, county, school board, or other local public entity which through purchase or the exchange of property obtains title to any of the above-described real properties or a portion thereof determines that any such property or a portion thereof is no longer needed for public purposes, then, before any disposition of such property, the State of Georgia acting by and through its State Properties Commission shall have the right to purchase said property for the consideration equal to the amount which such city, county, school board, or other local public entity paid to the state for such property or a portion thereof plus the value of any improvements made to such property. SECTION 3. That the State of Georgia, through the Department of Corrections, is contemplating the purchase of separate tracts of property in Charlton County and Coffee County and has acquired certain property in Wheeler County, on which the state plans to construct a new 500 bed prison in each of those counties. However, the State of Georgia is also contemplating the privatization of the proposed prisons in those counties. If it is determined to be in the best interest of the state to privatize any of the proposed prisons to be constructed on the above-described properties, then any such property may, in the discretion of the State Properties Commission, be sold to the private entity which will construct and operate the prison thereon for a consideration of the fair market value of such property, but in no case less than the amount paid by the state, or may be disposed of as allowed by this resolution as determined to be in the best interest of the State of Georgia by the State Properties Commission, along with 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 4. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sale.

Page 1436

SECTION 5. That each deed of conveyance shall be recorded by the purchaser in the superior court of the county of the property's origin and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph A. SECTION 6A. Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph C. SECTION 6B. Notwithstanding any other provisions of this article, this article shall not apply to the hereinabove described real property in Baldwin County designated under paragraph D. ARTICLE II SECTION 7. That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph A. above and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 8. That the above-described real property shall be conveyed by appropriate instrument to the Baldwin County Hospital Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, 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 9. That the authorization in this article to convey the above-described property to the Baldwin County Hospital Authority shall expire three years after the date that this resolution becomes effective. SECTION 10. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance.

Page 1437

SECTION 11. That the deed of conveyance 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. ARTICLE IIA SECTION 7A. That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph C. above 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 8A. That the above-described real property shall be conveyed by appropriate instrument to the Baldwin County Board of Education by the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, 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 9A. That the authorization in this article to convey the above-described property to the Baldwin County Board of Education shall expire three years after the date that this resolution becomes effective. SECTION 10A. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11A. That the deed of conveyance 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. ARTICLE IIB SECTION 7B. That the State of Georgia is the owner of the above-described real property located in Baldwin County, Georgia, and designated by paragraph D. above 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 8B. That the above-described real property shall be conveyed by appropriate instrument to the Milledgeville-Baldwin County Development Authority by

Page 1438

the State of Georgia, acting by and through the State Properties Commission, for a consideration of not less than the fair market value, 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 9B. That the authorization in this article to convey the above-described property to the Milledgeville-Baldwin County Development Authority shall expire three years after the date that this resolution becomes effective. SECTION 10B. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11B. That the deed of conveyance 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. ARTICLE III. SECTION 12. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 13. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. STATE PROPERTY EASEMENTS TO GEORGIA POWER COMPANY; TENNESSEE VALLEY AUTHORITY, CITY OF TIFTON, TIFT COUNTY, GEORGIA ALLTEL TELECOM, INC., MUNICIPAL ELECTRIC AUTHORITY OF GEORGIA, AND STANDARD TELEPHONE COMPANY. No. 78 (Senate Resolution No. 458). 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 DeKalb, Murray, Tift, Towns, Upson, Washington, and White counties,

Page 1439

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 DeKalb, Murray, Tift, Towns, Upson, Washington, and White counties, Georgia; and WHEREAS, Georgia Power Company; Tennessee Valley Authority; The City of Tifton, Tift County; Georgia ALLTEL Telecom, Inc.; Municipal Electric Authority of Georgia; and Standard Telephone Company 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 Human Resources, Georgia Forestry Commission, Department of Technical and Adult Education, North Georgia Mountains Authority, and Department of Natural Resources 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 DeKalb 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 Georgia Power Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical service lines easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical service 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 Chamblee, DeKalb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Brookrun, aka Georgia Retardation Center and prepared by Georgia Power Company, and on file in the offices of the State Properties Commission

Page 1440

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 electrical service lines and equipment. SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical service lines and equipment. SECTION 5. That, after Georgia Power Company has put into use the electrical service 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, 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 6. That no title shall be conveyed to Georgia Power Company, and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area 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 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, Georgia Power Company shall remove or relocate its facilities at its sole cost and expense. SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that

Page 1441

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 DeKalb 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 Georgia Power Company 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 Murray 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 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a communications tower 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 communications tower 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 Mountain State Park in Murray County, Georgia, and is more particularly described as follows:

Page 1442

That portion and that portion only as shown marked in red on a drawing prepared by Tennessee Valley Authority entitled Fort Mountain, Georgia, Radio Repeater Station 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 communications tower and equipment. SECTION 16. That Tennessee Valley Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said communications tower and equipment. SECTION 17. That, after Tennessee Valley Authority has put into use the communications tower 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, Tennessee Valley Authority, 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 Tennessee Valley Authority, and, except as herein specifically granted to Tennessee Valley Authority, 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 Tennessee Valley Authority. 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, Tennessee Valley Authority shall remove or relocate its facilities at its sole cost and expense.

Page 1443

SECTION 20. That the easement granted to Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 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 Murray 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 Tennessee Valley Authority 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 Tift 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 the City of Tifton, Tift County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a sanitary sewer line 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 sanitary sewer line and equipment together with the right of

Page 1444

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 Tift County Satellite Center of Moultrie Technical Institute in Tift County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat of survey prepared by Derrell Hampton, Georgia Registered Land Surveyor No. 2161, 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 27. 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 and equipment. SECTION 28. That the City of Tifton, Tift 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 and equipment. SECTION 29. That, after the City of Tifton, Tift County, has put into use the sanitary sewer line 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, the City of Tifton, Tift 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. SECTION 30. That no title shall be conveyed to the City of Tifton, Tift County, and, except as herein specifically granted to the City of Tifton, Tift 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 the City of Tifton, Tift County. 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

Page 1445

easement area should be removed or relocated in order to avoid interference with the state's use or intended use of the easement area, the City of Tifton, Tift County, shall remove or relocate its facilities at its sole cost and expense. SECTION 32. That the easement granted to the City of Tifton, Tift 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 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 Tift 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 the City of Tifton, Tift County, 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 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 38. That the State of Georgia, acting by and through its State Properties Commission, may grant to Tennessee Valley Authority, or its successors and assigns, a nonexclusive easement for the construction, operation, and

Page 1446

maintenance of an electrical transmission 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 transmission 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 Lots 118 and 99 of Towns 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 James Jones, Georgia Registered Land Surveyor No. 2298, 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 electrical transmission line. SECTION 40. That Tennessee Valley Authority shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission line. SECTION 41. That, after Tennessee Valley Authority has put into use the electrical transmission 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, Tennessee Valley Authority, 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 Tennessee Valley Authority and, except as herein specifically granted to Tennessee Valley Authority, 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 Towns County.

Page 1447

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, Tennessee Valley Authority shall remove or relocate its facilities at its sole cost and expense. SECTION 44. That the easement granted to Tennessee Valley Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 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 Towns 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 Tennessee Valley Authority 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 Upson 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.

Page 1448

SECTION 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia ALLTEL Telecom, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunications equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating telecommunications 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 Upson 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 Georgia ALLTEL Telecom, Inc. prepared by Gary F. Self, Georgia Registered Land Surveyor No. 1922, dated August 9, 1995, 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 Georgia ALLTEL Telecom, Inc., 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 telecommunications equipment. SECTION 52. That Georgia ALLTEL Telecom, 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 telecommunications equipment. SECTION 53. That, after Georgia ALLTEL Telecom, Inc., has put into use the telecommunications equipment for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia ALLTEL Telecom, 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 54. That no title shall be conveyed to Georgia ALLTEL Telecom, Inc., and, except as herein specifically granted to Georgia ALLTEL Telecom, Inc., all

Page 1449

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 ALLTEL Telecom, Inc. 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, Georgia ALLTEL Telecom, Inc., shall remove or relocate its facilities at its sole cost and expense. SECTION 56. That the easement granted to Georgia ALLTEL Telecom, 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 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 Upson 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 Georgia ALLTEL Telecom, Inc., 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 Washington County, hereinafter referred to as the easement

Page 1450

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 Municipal Electric Authority of Georgia, 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 the City of of Sandersville, Washington County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a plat of survey entitle Easement Plat for Municipal Electric Authority of Georgia at Sandersville Technical Institute dated April 17, 1995, prepared by George E. Ingram, Georgia Registered Land Surveyor No. 1986, 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 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 Municipal Electric Authority of 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 electrical distribution lines. SECTION 65. That, after Municipal Electric Authority of Georgia 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, Municipal Electric Authority of 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, or its successors and assigns.

Page 1451

SECTION 66. That no title shall be conveyed to Municipal Electric Authority of Georgia, and, except as herein specifically granted to Municipal Electric Authority of 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 Municipal Electric Authority of Georgia. 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, Municipal Electric Authority of Georgia shall remove or relocate its facilities at its sole cost and expense. SECTION 68. That the easement granted to Municipal Electric Authority of 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. 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 Washington 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 Municipal Electric Authority of Georgia 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.

Page 1452

ARTICLE VII SECTION 73. 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 74. 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 maintenance of a telecommunications equipment facility in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting, and operating a telecommunications equipment facility, 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 7 at Unicoi State Park in White 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 Hubert Lovell, Georgia Registered Land Surveyor No. 1553, dated July 31, 1995, 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 telecommunications equipment facility. SECTION 76. 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 equipment facility. SECTION 77. That, after Standard Telephone Company has put into use the telecommunications equipment facility 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,

Page 1453

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 78. 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 inconsistent with or detrimental to the rights, privileges, and interest granted to Standard Telephone 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, Standard Telephone Company shall remove or relocate its facilities at its sole cost and expense. SECTION 80. 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 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 White 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 Standard Telephone Company shall expire three years after the date that this resolution becomes effective.

Page 1454

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. ARTICLE VIII SECTION 85. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 86. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. STATE PROPERTY EASEMENTS TO CITY OF SAVANNAH, PUBLIC SERVICE TELEPHONE COMPANY, CITY OF CAVE SPRING, AND BELLSOUTH TELECOMMUNICATIONS, INC. No. 79 (Senate Resolution No. 459). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of pedestrian walks, water distribution lines and telecommunications equipment in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham, Crawford, Floyd, and Lee 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 Chatham, Crawford, Floyd, and Lee counties, Georgia; and WHEREAS, the City of Savannah; Public Service Telephone Company; City of Cave Spring; and BellSouth Telecommunications, Inc., desire to operate and maintain pedestrian walks, water distribution lines, and telecommunications equipment in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these pedestrian walks, water distribution lines, and telecommunications equipment 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 approved by the Department of Natural Resources, Department of Education, Department of Corrections, and Georgia Forestry Commission with respect to property under the jurisdiction of their respective departments.

Page 1455

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 Chatham 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 the City of Savannah, Chatham County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a pedestrian riverfront walkway 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 pedestrian riverfront walkway 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 Savannah, Chatham County, Georgia, and is more particularly described as follows: That portion and that portion only, of state owned riverbottom property situate, lying and being on the southern shore of the Savannah River, along a portion of River Street in Savannah, Chatham County, Georgia, as shown as EXHIBIT A on that certain revocable license agreement being Real Property Record No. 8640, 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, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said pedestrian riverfront walkway. SECTION 4. That the City of Savannah, Chatham 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 pedestrian riverfront walkway. SECTION 5. That, after the City of Savannah, Chatham County, has put into use the pedestrian riverfront walkway for which this easement is granted, a

Page 1456

subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Savannah, Chatham 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. SECTION 6. That no title shall be conveyed to the City of Savannah, Chatham County, and, except as herein specifically granted to the City of Savannah, Chatham 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 the City of Savannah, Chatham 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, the City of Savannah, Chatham County, shall remove or relocate its facilities at its sole cost and expense. SECTION 8. That the easement granted to the City of Savannah, Chatham 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 Chatham 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 the City of Savannah, Chatham County, shall expire three years after the date that this resolution becomes effective.

Page 1457

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 Crawford 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 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Public Service Telephone Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of telecommunication lines 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, 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 96 of the 2nd District of Crawford County, Georgia, and is more particularly described as follows: That portion and that portion only, as shown on a plat of survey prepared by Public Service Telephone Company, 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, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunication lines. SECTION 16. That That Public Service 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 telecommunication lines. SECTION 17. That, after Public Service telephone company has put into use the telecommunication line for which this easement is granted, a subsequent

Page 1458

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, Public Service 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 18. That no title shall be conveyed to Public Service Telephone Company and, except as herein specifically granted to Public Service 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 inconsistent with or detrimental to the rights, privileges, and interest granted to Public Service Telephone Company. 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, Public Service Telephone Company shall remove or relocate its facilities at its sole cost and expense. SECTION 20. That the easement granted to Public Service 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 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 Crawford 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 Public Service Telephone Company shall expire three years after the date that this resolution becomes effective.

Page 1459

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 Floyd 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 the City of Cave Spring, Floyd County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, and replacing inspecting an operating water 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 Land Lots 872 and 873 of the 3rd District of Floyd County, Georgia, and is more particularly described as follows: That portion and that portion only marked in red as shown on a drawing prepared for the City of Cave Spring, Floyd County entitled Water System Map Main Campus, Georgia School for the Deaf marked as EXHIBIT A of revocable license agreement, Real Property Record No. 8644, 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 grantee 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 water distribution lines. SECTION 28. That the City of Cave Spring, Floyd 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 water distribution lines.

Page 1460

SECTION 29. That, after the City of Cave Spring, Floyd County has put into use the water 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, the City of Cave Spring, Floyd 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. SECTION 30. That no title shall be conveyed to the City of Cave Spring, Floyd County, and, except as herein specifically granted to the City of Cave Spring, Floyd 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 the City of Cave Spring, Floyd County. 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, the City of Cave Spring, Floyd County shall remove or relocate its facilities at its sole cost and expense. SECTION 32. That the easement granted to the City of Cave Spring, Floyd 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 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 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 Floyd County and a recorded copy shall be forwarded to the State Properties Commission.

Page 1461

SECTION 35. That the authorization in this resolution to grant the above-described easement to the City of Cave Spring, Floyd County 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 Lee 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 BellSouth Telecommunications, Inc., or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a telecommunications equipment facility 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 telecommunications equipment facility 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 12 of the 2nd District of Lee County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat of survey prepared by Malcolm Burnsed, Georgia Registered Land Surveyor No. 1691, Date February 6, 1995, 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 equipment facility.

Page 1462

SECTION 40. 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 telecommunications equipment facility. SECTION 41. That, after BellSouth Telecommunications, Inc., has put into use the telecommunications equipment facility 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 42. 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 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, BellSouth Telecommunications, Inc., shall remove or relocate its facilities at its sole cost and expense. SECTION 44. 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 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

Page 1463

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 Lee 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 BellSouth Telecommunications, Inc., 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 15, 1996. STATE PROPERTY CONVEYANCE TO THE GEO. L. SMITH II GEORGIA WORLD CONGRESS CENTER AUTHORITY. No. 80 (Senate Resolution No. 525). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Fulton County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of three certain parcels of real property lying and being in the City of Atlanta, Fulton County, Georgia; and WHEREAS, said parcels of real property are all those tracts or parcels of land lying and being in the City of Atlanta, Fulton County, Georgia, designated as TRACT 126:

Page 1464

All that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, as shown as containing 0.12 acres (5,125 square feet), and designated as tract 126 on that certain plat prepared by Rosser International, Inc., William J. Daniel, III, Georgia RLS No. 2257, entitled Block 3, Proposed Centennial Olympic Park, dated 30 September 1994; and designated at TRACT 140: All that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, as shown as containing 1.76 acres (76,669 square feet), and designated as Tract 140 on that certain plat prepared by Rosser International, Inc., Carol Anne Martin, Georgia RLS No. 2544, entitled Block 4, Proposed Centennial Olympic Park, dated 9 September 1994; and designated at Tract 161: All that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County, Georgia, as shown as containing 1.25 acres (54,507 square feet), and designated as Tract 161 on that certain plat prepared by Rosser International, Inc., William J. Daniel, III, Georgia RLS No. 2257, entitled Block 5, Proposed Centennial Olympic Park, dated 30 September 1994, 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 Industry, Trade, and Tourism; and WHEREAS, the subject parcels are within the boundaries of the Georgia Centennial Olympic Park; and WHEREAS, the Georgia Centennial Olympic Park will be owned by the Geo. L. Smith II Georgia World Congress Center Authority; and WHEREAS, the subject parcels were donated to the state by Genuine Parts Company; and WHEREAS, having the subject parcels in the ownership of the Geo. L. Smith II Georgia World Congress Center Authority would make for better operations of the Georgia Centennial Olympic Park. 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.

Page 1465

SECTION 2. That the above-described real property shall be conveyed by appropriate instrument to the Geo. L. Smith II Georgia World Congress Center Authority 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 the authorization in this resolution to convey the above-described property to the Geo. L. Smith II Georgia World Congress Center Authority 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 Fulton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. All laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. STATE PROPERTY LEASE TO THE UNITED STATES OF AMERICA. No. 81 (Senate Resolution No. 528). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Bibb County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract or parcel of real property located in Bibb County, Georgia, which is located at the Middle Georgia Regional Airport, and is in the custody of the Georgia Department of Defense; and WHEREAS, said real property is all that tract or parcel of land lying and being within the area known as Middle Georgia Regional Airport, being in Land Lot 207 of the fourth land district of Bibb County, Georgia, and being more particularly described as follows:

Page 1466

Beginning at an iron pin at the intersection of the south right of way of Third Avenue with the west right of way of West Street, said iron pin being S 1 degree 28 minutes E, 2858.2 feet from a concrete monument marking the nothernmost point of the Lewis B. Wilson Airport property; thence S 0 degrees and 38 minutes W, 714.5 feet along the west right of way of West Street to an iron pin; thence N 89 degrees 22 minutes and 30 seconds W, 380.4 feet along the north right of way of Sixth Avenue to an iron pin; thence N O degrees and 32 minutes E, 728.4 feet along the east right of way of Officers Row to an iron pin on the south right of way of Third Avenue; thence S 84 degrees and 08 minutes E, 149.9 feet along the chord of a curve of 822.77 foot radius to an iron pin at the point of curve; thence S 89 degrees 21 minutes E, 232.3 feet along the south right of way of Third Avenue to the point of beginning, said parcel containing 6.27 acres, more or less; and WHEREAS, the hereinabove-described property was leased for a term of 50 years beginning June 30, 1964, to the United States of America to be used for defense purposes; and WHEREAS, the United States of America is desirous of renewing the lease on the hereinabove-described state property; and WHEREAS, the Georgia Department of Defense encourages the renewal of said lease. 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 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 land to the United States of America for a period of 50 years, subject to the following conditions: (1) The consideration for the lease shall be $1.00 for the term of the lease; (2) The term for the lease shall be 50 years; (3) The Georgia Department of Defense shall provide to the State Properties Commission for approval a plat of survey depicting the leased area; and (4) Such other terms and conditions as determined by the State Properties Commission to be in the best interests of the state.

Page 1467

SECTION 3. That the authorization in this resolution to lease the above-described property to the United States of America 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 leasing. SECTION 5. That this lease agreement shall be recorded by the Georgia Department of Defense in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. STATE PROPERTY CONVEYANCE TO THE CITY OF LAGRANGE. No. 82 (Senate Resolution No. 569). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Troup County, Georgia; 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 Troup County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Troup County, Georgia, containing approximately 2.25 acres and located on the eastern boundary of West Georgia Technical Institute in Land Lot 148 of the 6th Land District 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 Technical and Adult Education; and WHEREAS, the above described property is a thoroughfare which connects For Drive and Lukken Industrial Drive West; and WHEREAS, the State Board of Technical and Adult Education at its meeting of November 2, 1995, approved and recommended the conveyance

Page 1468

of the above described thoroughfare to the City of LaGrange, Troup County, for road maintenance purposes; and WHEREAS, the City of LaGrange, Troup County, has agreed to accept the above described property and to maintain it for road purposes; and 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 LaGrange, Troup County, 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 State of Georgia and the Department of Technical and Adult Education reserve the right to maintain a campus sign in the thoroughfare right of way at Lukken Industrial Drive West. SECTION 4. That the authorization in this resolution to convey the above described property to the City of LaGrange, Troup 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 Troup County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996.

Page 1469

LEWIS C. ADAMS, JR., BRIDGE; CARL SAVAGE PEASTER, SR., HIGHWAY; LIEUTENANT COLONEL LEE LENDERMAN MEMORIAL HIGHWAY; AND J. W. CHAMP HARRELSON MEMORIAL BRIDGE DESIGNATED. No. 83 (House Resolution No. 1109). A RESOLUTION Designating the Lewis C. Adams, Jr., Bridge; designating the Carl Savage Peaster, Sr., Highway; designating a portion of Georgia Highway 114 in Chattooga County as the Lieutenant Colonel Lee Lenderman Memorial Highway; and designating the J. W. Champ Harrelson Memorial Bridge; and for other purposes. Part I WHEREAS, Lewis C. Adams, Jr., spent his boyhood near Chatterton, Georgia; and WHEREAS, he answered his county's call to duty in the infantry of the United States Army; and WHEREAS, he was a Private First Class in Company B, 19th Infantry Regiment, 24th Infantry Division, on October 14, 1951, when his company encountered intense enemy fire near Pyoru, Korea; and WHEREAS, he volunteered to stay behind, providing cover fire while the other soldiers retreated; and WHEREAS, he gave his life for his fellow soldiers and in the defense of liberty; and WHEREAS, for his extraordinary courage, he was posthumously awarded the Silver Star; and WHEREAS, his family remembers him as a kind man, happiest when he could spend time with his family or help a friend or stranger; and WHEREAS, he was laid to rest at Chatterton Church, where his parents, two sisters, and a brother also have been laid to rest. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge on State Route 32 over Otter Creek, near Chatterton, Georgia, as the Lewis C. Adams, Jr., Bridge, in honor of this courageous soldier and devoted family man. Part II WHEREAS, Carl Peaster is a distinguished resident of Montezuma, Georgia, who retired after an illustrious 40 year career as a coach and principal; and

Page 1470

WHEREAS, for the past 21 years, he served as principal of Macon County High School where he was loved by the many students who he motivated and inspired to achievement; and WHEREAS, he was born and raised in Montezuma and graduated from Macon County High School in 1952 where he was a star of the basketball team; and WHEREAS, as a basketball player, he was a National Hall of Fame nominee, scored 2,000 points in high school, was state tournament MVP, played All-State for three years, was an all-star, and averaged 22 points per game in college; and WHEREAS, as a basketball coach his accomplishments include: a record of 447 wins, 98 losses, and 37 championships; coaching one All-American team, six All-Stars, and numerous All-States; 26 girls received scholarships; National Coach of the Year runner-up in 1982 and a nomination in 1985; six times regional Coach of the Year; twice Georgia Coach of the Year; and once Southeastern United States Coach of the Year; and WHEREAS, following his high school graduation he served a 21 month tour of duty with the United States Army, serving in army intelligence; and WHEREAS, after being honorably discharged, he spent his college years at Georgia Southwestern College and Georgia Southern University; and WHEREAS, after graduating in 1959, he was named head basketball coach and assistant football coach at Jackson High School in Jackson, Georgia; and WHEREAS, family ties and his love of Montezuma proved stronger than money or position, and he returned to Macon County High School, where he served 11 years as boys' basketball coach and assistant football coach, 21 years as principal, and girls' basketball coach until 1985; and WHEREAS, he is a prominent member of the First Baptist Church in Montezuma where he serves as deacon and director of the Sunday school; and WHEREAS, he and his wife, Gail, have three children, Todd, Buddy, and Ginger Avril; two grandchildren; and two step-grandchildren; and WHEREAS, Carl Peaster, devoted husband, father, and grandfather, dedicated principal, beloved coach, outstanding athlete, and church leader has had an indelible impact on his community and it is abundantly appropriate that a citizen who has contributed so much be recognized by the designation of a highway in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 90 from Macon County High School to the city limits is designated as the Carl Savage Peaster, Sr., Highway.

Page 1471

Part III WHEREAS, Marcus Lee Lenderman was a native of Chattooga County, Georgia, and an outstanding, multi-sport athelete at Chattooga High School from which he graduated in 1969 after setting numerous school records, receiving many awards for superior athletic performance, and being recognized for his leadership; and WHEREAS, Lee Lenderman not only excelled in atheletic competition but also was an outstanding scholar and maintained a straight A average at Chattooga High School, and he went on to graduate from the University of Georgia in 1975 after lettering in football at that institution for two years; and WHEREAS, Lee Lenderman thereafter devoted his career and life to serving his nation as an officer in the United States Marine Corps and first reported for duty to Marine Attack Helicopter Squadron 169 at Camp Pendleton, California, in 1978; and WHEREAS, Lee Lenderman served his country with distinction and pride as a helicopter pilot, rose to the rank of Lieutenant Colonel, and earned numerous commendation and service medals for his outstanding service and devotion to duty before giving his all in the defense of his nation when he was killed while on a nighttime live ammunition helicopter training mission in California in 1993; and WHEREAS, Lee Lenderman graced his family, community, and country with his courage and leadership, and it is only fitting and proper that his name should be memorialized in his native state and county. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that that portion of Georgia Highway 114 in Chattooga County between the intersection of said highway with U.S. Highway 27 and the corporate limits of the Town of Lyerly is designated as the Lieutenant Colonel Lee Lenderman Memorial Highway. Part IV WHEREAS, there is a bridge over the Little Ocmulgee River, known locally as Gum Swamp Creek, which separates Wheeler County and Telfair County on Wheeler County Road No. 180; and WHEREAS, the land upon which such bridge is constructed together with a substantial portion of the right of way of said county road was donated by J. W. Champ Harrelson; and WHEREAS, J. W. Champ Harrelson was a native son of Georgia, born and reared in Wheeler County, Georgia, where he lived nobly until his death in 1955; and WHEREAS, there is considerable interest among members of the community around such bridge that it be named in honor of J. W. Champ Harrelson.

Page 1472

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Little Ocmulgee River, known locally as Gum Swamp Creek, which separates Wheeler County and Telfair County and located in the 1450 G. M. District of Wheeler County, Georgia, on the right of way of County Road No. 180 be designated as the J. W. Champ Harrelson Memorial Bridge. Part V BE IT FURTHER RESOLVED that the Department of Transportation is directed to provide and maintain appropriate signs designating the Lewis C. Adams, Jr., Bridge, the Carl Savage Peaster, Sr., Highway, the Lieutenant Colonel Lee Lenderman Memorial Highway, and the J. W. Champ Harrelson Memorial Bridge. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Ms. Linda Anderson Selph, Mr. Carl Savage Peaster, Sr., the family of Lee Lenderman, Mr. J. W. Harrelson's daughter, Rosa Harrelson Crowe, and the Department of Transportation. Approved April 15, 1996. ROBERT W. POLLARD, SR., BRIDGE DESIGNATED. No. 84 (House Resolution No. 1041). A RESOLUTION To change the name of the Kiokee Creek Bridge in Columbia County to the Robert W. Pollard, Sr., Bridge to honor Mr. Robert W. Pollard, Sr.; and for other purposes. WHEREAS, Mr. Robert W. Pollard, Sr., is an exemplary citizen of and an outstanding asset to Columbia County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Kiokee Creek Bridge on State Highway 104 in Columbia County shall be renamed the Robert W. Pollard, Sr., Bridge to honor Mr. Robert W. Pollard, Sr. BE IT FURTHER RESOLVED that the Department of Transportation shall erect and maintain appropriate signs reflecting the name change of the bridge on State Highway 104 in Columbia County to the Robert W. Pollard, Sr., 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 Mr. Robert W. Pollard, Sr. Approved April 15, 1996.

Page 1473

O. H. BANKS MEMORIAL BRIDGE AND E. CLYDE KELLY MEMORIAL BRIDGE DESIGNATED. No. 85 (House Resolution No. 1040). A RESOLUTION Amending a resolution approved March 4, 1964 (Ga. L. 1964, p. 247), designating the O. H. Banks Bridge so as to redesignate said bridge as the O. H. Banks Memorial Bridge; to amend a resolution approved March 3, 1964 (Ga. L. 1964, p. 180), designating the E. Clyde Kelly Bridge, so as to redesignate said bridge as the E. Clyde Kelly Memorial Bridge; and for other purposes. WHEREAS, O. H. Banks was born September 6, 1900, in Shady Dale, Georgia; and WHEREAS, he is widely recognized as a guiding force in the evolution of the banking industry in Georgia; and WHEREAS, he was a highly capable businessman, farmer, and cattleman; a pioneer conservationist deeply interested in his community who served his fellow citizens as a member of the Board of Education of Jasper County for 23 years, 15 of which he served as chairman of the board; served as a member of the Jasper County Welfare Board for 26 years; served as a member of the City Council of Shady Dale for 44 years; and served as mayor of Shady Dale for 26 years; and WHEREAS, Honorable E. Clyde Kelly, deceased, served as the Mayor of the City of Monticello, Georgia, and as Chairman of the Jasper County Board of Education; and WHEREAS, Mr. Kelly served as Vice President of the First National Bank of Monticello; and WHEREAS, he served as the Chairman of the Board of Stewards of the Methodist Church of Monticello; and WHEREAS, during his lifetime, he was a respected citizen of Jasper County and was very active in civic affairs; and WHEREAS, his counsel and advice were greatly valued by the citizens of Jasper County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over Murder Creek on State Route No. 83, located in Jasper County, designated as the O. H. Banks Bridge shall be redesignated and henceforth known as the O. H. Banks Memorial Bridge. BE IT FURTHER RESOLVED that the bridge over Shoal Creek on State Route No. 83, located in Jasper County, named for Honorable E. Clyde

Page 1474

Kelly shall henceforth be redesignated and known as the E. Clyde Kelly Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain signs at appropriate locations designating the O. H. Banks Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said bridge as the E. Clyde Kelly Memorial 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 the family of the late O. H. Banks. 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 the late Honorable E. Clyde Kelly. Approved April 15, 1996. ELBERT. L. JACKSON MEMORIAL BRIDGE AND JOHN FRANK MCCONNELL CRIME LABORATORY DESIGNATED. No. 86 (House Resolution No. 1039). A RESOLUTION Expressing regret at the passing of Mr. Elbert L. Jackson and designating the Elbert L. Jackson Memorial Bridge; designating the Georgia Bureau of Investigation crime laboratory in Chattooga County as the John Frank McConnell Crime Laboratory; and for other purposes. WHEREAS, Mr. Elbert L. Jackson of Forsyth, Georgia, passed away on April 27, 1994, leaving behind a fine family, many friends, and good memories, the legacy of a life well lived; and WHEREAS, the son of the late Leon Willis and Myrtle Bryant Jackson, he was a veteran of World War II and was a retired investigator with the Monroe County Sheriff's Department and was a former director of the Monroe County Emergency Management Agency, and he was a member of the Monroe County Board of Registrars; and WHEREAS, Mr. Jackson was a member of the Monroe County Sportsman's Federation, which is affiliated with the Georgia Wildlife Federation, and was well known as a conservationist committed to the responsible stewardship of the natural resources of Monroe County and the state, and he worked on a volunteer basis with the Department of Natural Resources conservation officers; and

Page 1475

WHEREAS, surviving him are his wife, Jean Watts Jackson; two daughters, Meg Stovall and Barbie Martin; two sons, Carl and Jim Jackson; and many other relatives and friends; and WHEREAS, Honorable John Frank McConnell served with honor and distinction as the Sheriff of Chattooga County, and he performed the duties and responsibilities of that office with the utmost integrity; and WHEREAS, as the chief law enforcement officer for the county, his respect for the criminal justice system in this state and the high standards he expected of his officers and staff contributed significantly to the public safety provided to the community; and WHEREAS, he demonstrated a deep sense of dedication to his law enforcement career, and his exemplary commitment to the administration of justice served as a model for peace officers throughout the state; and WHEREAS, the citizens of his community and local government officials remember well the extraordinary leadership and steadfast devotion of Sheriff John Frank McConnell, and it is abundantly fitting that the Georgia Bureau of Investigation crime laboratory in Chattooga County be named in honor of him. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body express regret at the passing of Mr. Elbert L. Jackson and convey condolences to his bereaved family and friends. BE IT FURTHER RESOLVED that the bridge on State Route 87 over the Towaliga River in Monroe County is designated the Elbert L. Jackson Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so 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 Ms. Jean Watts Jackson. BE IT FURTHER RESOLVED that the director of the Georgia Bureau of Investigation is authorized and directed to designate the new crime laboratory in Chattooga County as the John Frank McConnell Crime Laboratory and to affix an appropriate plaque at the entrance of the building for such purpose. 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 family of Honorable John Frank McConnell and to the director of the Georgia Bureau of Investigation. Approved April 15, 1996.

Page 1476

BLUE RIBBON COMMISSION ON THE GENERAL ASSEMBLY OF GEORGIA CREATION. No. 87 (House Resolution No. 1032). A RESOLUTION Creating the Blue Ribbon Commission on the General Assembly of Georgia; and for other purposes. WHEREAS, as the twenty-first century rapidly approaches, there exists a need to study the organization and structure of the General Assembly of the State of Georgia with particular emphasis on the time in which the General Assembly is set to meet and on the use of technological support systems; and WHEREAS, the General Assembly was originally organized and structured to accommodate prevailing societal and economic factors that have since undergone significant changes; and WHEREAS, the time in which the Georgia Constitution mandates that the legislative session convene, the second Monday in January of each year... for a period of no longer than 40 days in the aggregate each year, was a reflection of an agrarian economy in Georgia society at that time and the need to attract citizen legislators who predominately worked with agrarian interests; and WHEREAS, it is still paramount to the success of the legislative process that the General Assembly remain a body composed of citizen legislators whose interests reflect the interests of their constituencies; however, the economic base of society has shifted dramatically over the course of the intervening centuries, and as a consequence Georgia's economy has become much more diverse as it changed from a predominately agrarian economy to an economy that still has agrarian interests but also includes interests in the industrial, technological, and service sectors; and WHEREAS, the degree of success of the legislative process within a democratic government is dependent upon the range of representation it offers to a diverse citizenry; and WHEREAS, in order to maintain a citizens' legislature in the twenty-first century and to attract to legislative service the most talented, most committed, and most diverse group of citizens, significant consideration should be given to modifying the structure of the General Assembly with particular focus on when the legislature convenes so that accessibility is maximized and the time constraints upon citizens relative to prevailing employment considerations are accommodated; and WHEREAS, Georgia's citizens deserve a legislative body adequately staffed and supported with the sophisticated technology available to other states in the region; and

Page 1477

WHEREAS, in order to provide its members with the information and research so ably provided to other state legislatures, the staff of the General Assembly must be trained in the use of the latest information technology; and WHEREAS, Georgia citizens deserve a legislative process they can easily understand and access; and WHEREAS, in order to make the legislative process more accessible to Georgia's citizens, the General Assembly must fully utilize new telecommunication technologies and modernize its operating procedures; and WHEREAS, significant attention has always been given to Georgia as a proactive state legislature, and it is most appropriate that this state maintain its status as a leader in legislative modernization. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created a Blue Ribbon Commission on the General Assembly of Georgia to be comprised of 14 members who will serve until January 1, 1998. The Speaker of the House of Representatives shall appoint four House members to the commission and three appropriate experts from the private sector, and the President of the Senate shall appoint four Senate members and three appropriate experts from the private sector. The Speaker of the House of Representatives and the President of the Senate shall jointly call the first meeting of the commission and the members shall elect a member of the commission to serve as chairperson of the commission who shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the structure and organization and technological needs of the General Assembly and its staff with particular focus on evaluating when the legislative session convenes and recommend any actions or legislation which the commission deems necessary or appropriate. 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 it powers, perform its duties, and accomplish the objectives and purposes of this resolution. BE IT FURTHER RESOLVED that 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. Any members of the commission who are state officers or employees shall receive no additional compensation for service on the

Page 1478

commission but may be reimbursed for expenses incurred in service on the commission by their respective employing agencies. BE IT FURTHER RESOLVED that the commission shall stand abolished on January 1, 1998, and shall submit a report of its findings and recommendations to the next regular session of the General Assembly. Approved April 15, 1996. JIMMY LEE SMITH PARKWAY DESIGNATED. No. 89 (House Resolution No. 1016). A RESOLUTION Designating the Jimmy Lee Smith Parkway; and for other purposes. WHEREAS, Jimmy Lee Smith served with distinction as Councilman for the City of Hiram from 1972 through 1975 and from 1982 through 1991; and WHEREAS, the citizens of Hiram and the present Mayor and Council of the City of Hiram are indebted to Jimmy Lee Smith for his outstanding service and dedication to the city. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 278 within the corporate limits of the City of Hiram is designated the Jimmy Lee Smith Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such 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 Jimmy Lee Smith. Approved April 15, 1996. HAMILTON E. HOLMES DRIVE DESIGNATED. No. 90 (House Resolution No. 1005). A RESOLUTION Designating the Hamilton E. Holmes Drive in Fulton County; and for other purposes. WHEREAS, Hamilton E. Holmes was born on July 8, 1941, to Alfred Tup Holmes and Isabella C. Holmes and was a lifelong resident of Fulton County; and

Page 1479

WHEREAS, in January, 1961, he and Charlayne Hunter were the first African Americans to enter the University of Georgia; and WHEREAS, he subsequently graduated with honors in 1963 and was elected Phi Beta Kappa; and WHEREAS, he was the first African American student to attend Emory University School of Medicine where he received the doctor of medicine degree in 1967; and WHEREAS, Dr. Hamilton E. Holmes served his country honorably in the United States Army in Germany where he attained the rank of major; and WHEREAS, upon his discharge from the U.S. Army, Dr. Holmes embarked on a distinguished medical career as an orthopedic surgeon; and WHEREAS, Dr. Holmes further distinguished himself as assistant professor of orthopedics and associate dean at Emory University School of Medicine; and WHEREAS, Dr. Holmes served Grady Memorial Hospital as Senior Vice President of Medical Affairs, medical director, and head of orthopedic surgery for the Grady Health System; and WHEREAS, Dr. Holmes received numerous honors, awards, and citations for professional and community service; and WHEREAS, Dr. Holmes was elected as trustee to the University of Georgia Foundation; and WHEREAS, the University of Georgia honored him with the Bicentennial Medal and established the Holmes-Hunter Lecture Series at the university in his honor; and WHEREAS, Emory University bestowed upon him the Emory Medal, the highest honor given alumni for his achievements and contributions; and WHEREAS, he was held in high regard by the citizens of the City of Atlanta, Fulton County, and the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of Georgia Highway 280 in Fulton County from its point of intersection with Georgia Highway 8 (also known as U.S. Highway 278/8) southward to its intersection with Georgia Highway 139 is designated the Hamilton E. Holmes Drive. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Hamilton E. Holmes Drive. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this

Page 1480

resolution to the commissioner of transportation and to the family of Dr. Hamilton E. Holmes. Approved April 15, 1996. GREGORY BRIDGE DESIGNATED. No. 91 (House Resolution No. 1004). A RESOLUTION Designating the Gregory Bridge; and for other purposes. WHEREAS, the Gregory family has lived in Putnam County, Georgia, for several generations; and WHEREAS, the Gregory family has been involved with bridge building in Putnam County and the State of Georgia for three generations; and WHEREAS, Gregory Bridge Company is constructing the replacement bridge over Little River on State Route 16 west of Eatonton; and WHEREAS, the Gregory family has been actively involved in civic affairs in Putnam County and Mr. J. T. Gregory, Jr., is currently serving as chairman of the Putnam County Hospital Authority. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge over Little River on State Route 16 west of Eatonton as the Gregory Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such 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 the Gregory family. Approved April 15, 1996. T. C. HALLMAN MEMORIAL BRIDGE DESIGNATED. No. 92 (House Resolution No. 1003). A RESOLUTION Designating the T.C. Hallman Memorial Bridge; and for other purposes. WHEREAS, Mr. Thomas C. Hallman came to Putnam County, Georgia, in the year of our Lord 1917; and

Page 1481

WHEREAS, Mr. Hallman was involved in revolutionizing the dairy industry in Putnam County and also worked in the timber industry in Putnam County; and WHEREAS, Mr. Hallman served his community through membership in various civic organizations; and WHEREAS, Mr. Hallman served in an outstanding manner on the Putnam County Agricultural Stabilization and Conservation Committee. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge over Lick Creek on State Route 44 the T.C. Hallman Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating such 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 the Thomas C. Hallman family. Approved April 15, 1996. STATE PROPERTY DECATUR COUNTY; CONVEYANCE. No. 93 (House Resolution No. 1001). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Decatur County, Georgia; 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 Bainbridge, Decatur County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Bainbridge, Decatur County, Georgia, containing approximately 1.3 acres as described in accordance with that certain plat of survey prepared by Shad L. Atkinson, Georgia Registered Land Surveyor No. 2256, dated February 2, 1990, 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 Human Resources and is a portion of Bainbridge State Hospital; and WHEREAS, Decatur County is improving a portion of County Road 78 in the City of Bainbridge, Decatur County; and

Page 1482

WHEREAS, a portion of the above-mentioned County Road 78 boarders the above-described state property; and WHEREAS, Decatur County is desirous of obtaining the subject property in order to provide said road improvements; and WHEREAS, Decatur County conveyed the site of the Bainbridge State Hospital to the State of Georgia in 1966 for the consideration of $1.00. 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 Decatur County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of $1.00, 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 Decatur 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 Decatur County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996.

Page 1483

GEORGIA FUTURE COMMUNITIES COMMISSION ABOLITION DATE. No. 94 (House Resolution No. 987). A RESOLUTION Amending a resolution creating the Georgia Future Communities Commission, approved April 11, 1995 (Ga. L. 1995, p. 507), so as to change the date on which the commission shall be abolished; to provide for related matters; and for other purposes. WHEREAS, the Georgia Future Communities Commission is engaged in valuable and important work pursuant to the above resolution; and WHEREAS, it will be beneficial to the purposes of the commission to extend the termination date originally fixed for the commission by said resolution. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. A resolution creating the Georgia Future Communities Commission, approved April 11, 1995 (Ga. L. 1995, p. 507), is amended by striking Section 6 and inserting in its place a new section to read as follows: SECTION 6. The commission shall be abolished on December 31, 1997. Approved April 15, 1996. DOWNING E. MUSGROVE CAUSEWAY DESIGNATED. No. 95 (House Resolution No. 982). A RESOLUTION Designating the Downing E. Musgrove Causeway; and for other purposes. WHEREAS, the late Downing E. Musgrove occupied many positions of public trust in this state, including Clinch County solicitor, State Representative, Executive Secretary to the Governor, Comptroller General, and Revenue Commissioner; and WHEREAS, he was a uniquely influential figure in the development of transportation in this state, serving from 1968 to 1973 as the member for the Eighth District, from 1973 to 1975 as Commissioner of the Department of Transportation, from 1986 to 1993 as the member for the First District, and from 1993 until 1995 as Special Advisor to the Board; and

Page 1484

WHEREAS, his service was performed during a time of challenge and change in the transportation history of Georgia and has resulted in closer cooperation between the legislative and executive branches and the Georgia Department of Transportation; and WHEREAS, his career in government was always marked by the highest ethical, moral, and professional standards; and WHEREAS, his unselfish service has benefited many generations of Georgians, past, present, and yet unborn, and it is appropriate that this outstanding public servant should be remembered and honored in his native region of southeast Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Route 520 in Glynn County, from its intersection with U.S. Highway 17 to the bridge over the Jekyll River, known as the M. E. Thompson Memorial Bridge, shall be named the Downing E. Musgrove Causeway. BE IT FURTHER RESOLVED that the Commissioner of Transportation is authorized and directed to place appropriate signs for this designation. 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 Downing E. Musgrove. Approved April 15, 1996. KIRBY PARK, SR., MEMORIAL BRIDGE DESIGNATED. No. 96 (House Resolution No. 969). A RESOLUTION Designating the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County the Kirby Park, Sr., Memorial Bridge; and for other purposes. WHEREAS, Kirby Park, Sr., was born on August 28, 1904, was the son of Richard Samuel Park and Lidda Jane Maxwell Park, and was the devoted and loving husband of Betty Elizabeth Jenkins; and WHEREAS, Kirby Park, Sr., during his time on this earth nobly and lovingly served his God and his fellow man as an ordained Baptist minister; and WHEREAS, Kirby Park, Sr., honorably represented the citizens of Murray County in the General Assembly of Georgia as the distinguished Senator from the 43rd District in 1953-1954; and WHEREAS, Kirby Park, Sr., passed from this life on March 6, 1962, after devoting many years of his life in service to his fellow citizens through his ministry and his public service.

Page 1485

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on State Highway 61 and U.S. Highway 411 over Sumach Creek in Murray County shall be designated as the Kirby Park, Sr., Memorial 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 Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this resolution to the family of Kirby Park, Sr., and to the commissioner of transportation. Approved April 15, 1996. STATE PROPERTY LEASE TO CURRAHEE PAGING COMPANY. No. 97 (House Resolution No. 946). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Rabun County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract or parcel of real property located in Rabun County, Georgia; and WHEREAS, 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 shown and delineated on that certain April 29, 1995, plat of survey prepared for the State of Georgia by Horizon Cellular by William F. Rolader, Georgia Registered Land Surveyor No. 2042, a copy of which is on file in the offices of the State Properties Commission; and WHEREAS, said property is under the custody of the Georgia Department of Natural Resources and is a part of Black Rock Mountain State Park; and WHEREAS, adjoining property has been leased to Currahee Paging Company effective November 15, 1995, pursuant to Resolution Act 45, H.R. 358, approved April 11, 1995, and is the site of a television translator tower; and WHEREAS, Currahee Paging Company is desirous of leasing the above-described state property; and WHEREAS, the Department of Natural Resources has no objection to the above-described lease.

Page 1486

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 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 land in Rabun County to Currahee Paging Company for a period to coincide with the November 15, 1995, lease referred to above. SECTION 3. That the consideration for such lease shall be $650.00 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; provided, however, that such lease is subject to the condition that Currahee Paging Company agrees in writing to permit the state and local government agencies of Rabun County to attach at no cost or rental fee antennas and related telecommunications equipment to the television translator tower located on the adjacent property or to any tower constructed on the referenced hereinabove described real property for the duration of the lease period so long as such antenna and related telecommunications equipment does not harm or interfere with the operations of Currahee Paging Company. SECTION 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration in excess of $650.00 per year is to be remitted to the State of Georgia. The authorization for local government agencies of Rabun County to attach an antenna and related telecommunications equipment to the television translator tower or any tower constructed on the referenced hereinabove described real property as provided in Section 3 shall not be considered a sublease of the subject property. SECTION 5. 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 6. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing.

Page 1487

SECTION 7. 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. SECTION 8. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. GENERAL WILLIAM A. HOLLAND PARKWAY DESIGNATED. No. 98 (House Resolution No. 901). A RESOLUTION Designating the General William A. Holland Parkway in Whitfield County; and for other purposes. WHEREAS, William A. Holland was born to Alton and Mary Lou Holland in Whitfield County, Georgia, in 1938, and is a life long resident of Whitfield County; and WHEREAS, he attended Valley Point High School and the University of Georgia where he was commissioned as a Second Lieutenant through the ROTC program; and WHEREAS, he joined the National Guard in Dalton, Georgia, in 1963 as a First Lieutenant and rose through the ranks to Brigadier General, with promotion to the state rank of Major General upon his retirement with more than 33 years of service; and WHEREAS, he served with distinction on active duty during Operation Desert Storm as a Brigadier General and he is the recipient of decorations and awards too numerous to set out here; and WHEREAS, in addition to his distinguished military service, he is a valued member of the Whitfield County business and civic community in which he has played a leading role; and WHEREAS, it is fitting that the General Assembly and the State of Georgia honor this great Georgian for his outstanding service to state and country. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby designated the General William A. Holland Parkway which shall consist of the following roads: (1) the Georgia Highway 3 connector from its point of intersection with Interstate Highway 75 eastward to its point of intersection with U.S. Highway 41; and (2) Whitfield County Road 1024 from its point of intersection with U.S. Highway 41 to its point of intersection with Abutment Road.

Page 1488

BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the General William A. Holland Parkway as described above. Approved April 15, 1996. STATE PROPERTY EASEMENT TO FRANK C. PINKSTON, MRS. MARIE PINKSTON MCBRIDE, ALEX PINKSTON, CALDER PINKSTON, AND FRANK C. PINKSTON, JR. No. 99 (House Resolution No. 885). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Long County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in the 24th GMD of Long County, Georgia, which is in the custody of the Georgia Department of Natural Resources and known as the Long County Wildlife Management Area; and WHEREAS, Frank C. Pinkston; Mrs. Marie Pinkston McBride; Alex Pinkston; Calder Pinkston; and Frank C. Pinkston, Jr., hereinafter referred to as Grantees, are adjoining landowners to the above-mentioned state owned property; and WHEREAS, Grantees are desirous of obtaining access to their properties by traversing a portion of the above-mentioned state owned 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 hereinafter described real property in Long 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 Grantees, or their successors and assigns, nonexclusive easements for ingress and egress in, on, over, upon, across, or through the easement area for the purpose of obtaining access to their adjacent individual properties. Said easement area is located in the 24th GMD of Long County, Georgia, and is more particularly described as follows:

Page 1489

That portion and that portion only as marked in yellow on sheet 3 of 4 of a plat of survey entitled Fountain Head Tract surveyed for State of Georgia, Department of Natural Resources dated September 9, 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 3. That the above-described premises shall be used solely for the purpose of ingress and egress. SECTION 4. That, after Grantees, or their successors and assigns, have put into use the ingress and egress for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. SECTION 5. That no title shall be conveyed to Grantees, or their successors and assigns, and, except as herein specifically granted to Grantees, or their successors and assigns, all rights, title, and interest in and to said easement area is reserved in the State of Georgia. SECTION 6. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the easement area should be relocated in order to avoid interference with the state's use or intended use of the easement area, the state reserves the right to replace the Grantees' access. SECTION 7. That the easement granted to Grantees, or their successors and assigns, 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 8. That the consideration for the easements shall be $650.00; relinquishment of all prescriptive easements on, over, or through the property known as the Long County Wildlife Management Area; and such further consideration

Page 1490

and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 9. That this grant of easements shall be recorded by the Grantees in the Superior Court of Long County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 10. That the authorization in this resolution to grant the above-described easements to Grantees, or their successors and assigns, shall expire three years after the date that this resolution becomes effective. SECTION 11. 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. SECTION 12. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 15, 1996. REGIONAL DEVELOPMENT CENTERS TRANSFER OF BULLOCH COUNTY RATIFIED. No. 100 (House Resolution No. 878). A RESOLUTION Ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for an effective date; and for other purposes. WHEREAS, subsection (f) of Code Section 50-8-4 of the O.C.G.A. authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center and further provides that any action of the board changing the boundaries of a regional development center shall not become effective until ratified by a joint resolution of the General Assembly; and WHEREAS, the Board of Community Affairs has adopted procedures governing regional development center boundary changes, and these procedures provide that the board may change regional development center boundaries as it deems appropriate; and

Page 1491

WHEREAS, the Board of Community Affairs at its November 8, 1995, meeting voted to transfer the county of Bulloch from the Altamaha Georgia Southern Regional Development Center to the Coastal Regional Development Center, effective July 1, 1996; and WHEREAS, the request for legislative ratification of said change in regional development center boundaries has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 of the O.C.G.A., and it is the desire of the General Assembly to ratify and approve said change; and WHEREAS, pursuant to subsection (c) of Code Section 50-8-7.1 of the O.C.G.A., the Board of Community Affairs has authorized the Department of Community Affairs to undertake and carry out such activities as necessary for supervising regional development centers. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to transfer the county of Bulloch from the Altamaha Georgia Southern Regional Development Center to the Coastal Georgia Regional Development Center to become effective on July 1, 1996, is hereby ratified and approved. BE IT FURTHER RESOLVED that the Department of Community Affairs is authorized to undertake and carry out all activities necessary to implement this change in regional development center boundaries. BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved April 15, 1996. JOHN E. QUILLIAN HIGHWAY DESIGNATED. No. 101 (House Resolution No. 883). A RESOLUTION Designating the John E. Quillian Highway; and for other purposes. WHEREAS, John E. Quillian was a native and lifelong resident of Hall County, Georgia; and WHEREAS, he was very active throughout his life in community affairs, and his vision and leadership improved the quality of life of his fellow citizens; and WHEREAS, he served with honor and distinction as a member of the State Highway Board during the gubernatorial administrations of Herman Talmadge and Marvin Griffin; and

Page 1492

WHEREAS, he was elected to three successive terms as a member of the board from February 8, 1950, through February 8, 1958, but he resigned from the board in April, 1959; and WHEREAS, he was held in high regard by the citizens of Hall County who benefited significantly from his dedication, integrity, and prudence. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend John E. Quillian for his many contributions to his community and the state and designate the portion of U.S. Highway 129 north of Georgia Highway 52 which runs to the White County line as the John E. Quillian Highway. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the John E. Quillian 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 John E. Quillian. Approved April 15, 1996. DEPARTMENT OF VETERANS SERVICE MONUMENT TO GEORGIA'S WORLD WAR I VETERANS; STUDY. No. 102 (House Resolution No. 873). A RESOLUTION Expressing appreciation to Georgia's World War I veterans for their sacrifice and devotion to their country to protect and preserve the freedoms that we enjoy today; to authorize a study of the possibility of erecting a monument in honor of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. Sloppy Floyd Veterans Memorial Building; and for other purposes. WHEREAS, from the birth of this nation, citizen soldiers have risked their lives to defend our freedom and our way of life; and WHEREAS, throughout World War I, in the gas-infested trenches and battlefields of Europe, Georgia men and women fought and died in order that freedom might prevail; and WHEREAS, throughout World War I, an estimated 77,000 Georgians answered their nation's call and 1,503 made the supreme sacrifice for their country; and WHEREAS, an estimated 300 World War I veterans currently reside in Georgia.

Page 1493

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body express their deepest appreciation to Georgia's World War I veterans for their sacrifices and contributions for our country. BE IT FURTHER RESOLVED that the Department of Veterans Service study and consider the possibility of erecting a monument dedicated to the memory of Georgia's World War I veterans that would be similar to and across from the recently erected World War II monument in front of the James H. Sloppy Floyd Veterans Memorial Building. BE IT FURTHER RESOLVED that Georgia's citizens be encouraged to remember the sacrifices and contributions of Georgia's World War I veterans and to arrange appropriate activities and ceremonies honoring them. 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 Honorable Pete Wheeler, Commissioner of Veterans Service. Approved April 15, 1996. REGIONAL DEVELOPMENT CENTERS BOUNDARIES; HEART OF GEORGIA ALTAMAHA, MCINTOSH TRAIL, AND NORTHEAST GEORGIA REGIONAL DEVELOPMENT CENTERS. No. 103 (House Resolution No. 826). A RESOLUTION Ratifying the change of regional development center boundaries established by the Board of Community Affairs; to provide for an effective date; and for other purposes. WHEREAS, subsection (f) of Code Section 50-8-4 of the O.C.G.A. authorizes the Board of Community Affairs to determine and establish, from time to time, the territorial boundaries for the region of operation by each regional development center and further provides that any action of the board changing the boundaries of a regional development center shall not become effective until ratified by a joint resolution of the General Assembly; and WHEREAS, the Board of Community Affairs has adopted procedures governing regional development center boundary changes, and these procedures provide that the board may change regional development center boundaries as it deems appropriate; and WHEREAS, the Board of Community Affairs deems it appropriate to change existing regional development center boundaries to promote a more effective link between regional planning efforts and economic

Page 1494

development, to account for shifting economic and demographic patterns, to address disparites in the ability of regional development centers to provide needed services, and to provide for a more effective utilization of state and local financial resources; and WHEREAS, the Board of Community Affairs at its December 13, 1995, meeting voted that the Heart of Georgia Altamaha Regional Development Center shall be composed of the counties of Appling, Bleckley, Candler, Dodge, Evans, Jeff Davis, Laurens, Montgomery, Pulaski, Tattnall, Telfair, Toombs, Treutlen, Wayne, Wheeler, and Wilcox effective July 1, 1996; and WHEREAS, the Board of Community Affairs at its November 8, 1995, meeting voted to transfer the county of Newton from the McIntosh Trail Regional Development Center to the Northeast Georgia Regional Development Center effective July 1, 1996; and WHEREAS, the request for legislative ratification of said change in regional development center boundaries has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 of the O.C.G.A., and it is the desire of the General Assembly to ratify and approve said change; and WHEREAS, pursuant to subsection (c) of Code Section 50-8-7.1 of the O.C.G.A., the Board of Community Affairs has authorized the Department of Community Affairs to undertake and carry out such activities as necessary for supervising regional development centers. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to create the Heart of Georgia Atlamaha Regional Development Center, to become effective on July 1, 1996, is hereby ratified and approved. BE IT FURTHER RESOLVED that the Board of Community Affairs' action to transfer the county of Newton from the McIntosh Trail Regional Development Center to the Northeast Georgia Regional Development Center to become effective on July 1, 1996, is hereby ratified and approved. BE IT FURTHER RESOLVED that the Department of Community Affairs is authorized to undertake and carry out all activities necessary to implement this change in regional development center boundaries. BE IT FURTHER RESOLVED that this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Approved April 15, 1996.

Page 1495

DR. JOHN H. OWEN INTERSECTION DESIGNATED. No. 104 (House Resolution No. 825). A RESOLUTION Recognizing Dr. John H. Owen and designating the Dr. John H. Owen Intersection; and for other purposes. WHEREAS, Dr. John H. Owen has served the State of Georgia from 1959 to 1970 as a faculty member and director of the Georgia Agricultural Experiment Station at the University of Georgia; and WHEREAS, Dr. John H. Owen honorably and professionally served as president of North Georgia College from 1970 to 1993 at which time he implemented the very foundation for sound economic, educational, and social growth in all of North Georgia; and WHEREAS, Dr. John H. Owen has played an active role in the revitalization of the Dahlonega town square, has served as President of the Chamber of Commerce, was recognized as civitan Man of Year, has served as Director of Northeast Georgia Boy Scout Council, served as Secretary to the U.S. Army's Advisory Panel on R.O.T.C. Affairs, is the recipient of an outstanding civilian science award, has served as President of the Association of Military Colleges and Schools, and has been recognized with Lumpkin County's Outstanding Citizen Award, the U.S. Army's inspiration Award, and countless awards which point out Dr. John H. Owen's dedication to man, community, state, and nation; and WHEREAS, he has earned a well-deserved reputation for his dedication to his fellow citizens, his community, the State of Georgia, and the United States, and he continues to serve his community, state, and nation in a professional manner. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize and commend Dr. John H. Owen for his many years of dedicated public service. BE IT FURTHER RESOLVED that the intersection of State Highway 60 South and the new East-West connector in Dahlonega and Lumpkin County is designated as the Dr. John H. Owen Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at such intersection designating said intersection 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 Dr. John H. Owen. Approved April 15, 1996.

Page 1496

BUFORD C. GILLIARD BRIDGE DESIGNATED. No. 105 (House Resolution No. 819). A RESOLUTION Designating the Buford C. Gilliard Bridge; and for other purposes. WHEREAS, Buford Gilliard was born on August 11, 1924, in Nicholls, Georgia, and graduated from high school in 1943; and WHEREAS, as a member of the Enlisted Reserve he was called to active military duty in September, 1950; and WHEREAS, he landed in Korea within a few weeks, and was reported missing in action on February 12, 1951; and WHEREAS, he was promoted to Corporal on May 1, 1953, and received the Good Conduct Medal and the Victory Medal; and WHEREAS, he was presumed dead on December 31, 1953; and WHEREAS, he was a true son of Georgia, who left his civilian work as a farmer to answer his country's call in time of armed conflict; and WHEREAS, he was the beloved husband of Mrs. Bert Gilliard of Douglas, Georgia, the son of Mr. and Mrs. W. C. Gilliard of Nicholls, Georgia; and the brother of Grace Gray of Nicholls, Mrs. J. A. Lingenfelter, Jr., of Waycross, Georgia, and Hubert Gilliard of Nashville, Georgia; and WHEREAS, he is remembered with affection by many residents of Nicholls and Coffee County, and the loss of his life in the service of our country has been mourned by his many friends. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body designate the bridge over Hog Creek on State Route 32 east of Nicholls, Georgia, the Buford C. Gilliard Bridge in honor of the memory of this good friend and stalwart soldier who gave his life for our country. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Buford C. Gilliard 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 the family of Buford C. Gilliard. Approved April 15, 1996.

Page 1497

MORRISON MOORE CONNECTOR DESIGNATED. No. 106 (House Resolution No. 817). A RESOLUTION Recognizing Morrison Moore and designating the Morrison Moore Connector; and for other purposes. WHEREAS, Morrison Moore served as a dynamic civic leader of Dahlonega and Lumpkin County; and WHEREAS, the citizens of Dahlonega and Lumpkin County appreciate and applaud the efforts put forth by Morrison Moore in bringing economic and social growth to Dahlonega and Lumpkin County; and WHEREAS, Morrison Moore served as a leader in bringing revitalization to every aspect of the civic, social, and economic life of his city, county, and state and gave of his time and energy unselfishly and without financial remuneration to enhance the lives of every citizen. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize and commend Morrison Moore for his many outstanding accomplishments and for his dedicated public service. BE IT FURTHER RESOLVED that the new East-West connector beginning at old State Route 52 West and ending at State Route 19 North around Dahlonega, Georgia, is designated as the Morrison Moore Connector. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at such connector designating said connector 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 Mrs. Flo Moore and family. Approved April 15, 1996. SOUTHERN HIGHROADS SCENIC HIGHWAY DESIGNATED. No. 107 (House Resolution No. 805). A RESOLUTION Designating the Southern Highroads Scenic Highway; and for other purposes. WHEREAS, northeast Georgia is one of the few areas remaining in the United States where there are miles of scenic landscapes, historic small towns, and abundant recreation facilities; and

Page 1498

WHEREAS, the promotion of tourism represents a readily available and effective tool with which to spur economic development; and WHEREAS, the portions of highways which would be included in the Southern Highroads Scenic Highway wind through miles of scenic forests containing several beautiful mountain lakes and numerous sparkling streams; attractive rural landscapes; an abundance of state, federal, and local recreation facilities; and many historic sites, museums, and cultural centers; and WHEREAS, designation of this route as a scenic highway will promote economic well-being through tourism. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the following described route is designated the Southern Highroads Scenic Highway: U.S. 76 from the Georgia/South Carolina state line in Rabun County to its intersection with S.R. 52 in Gilmer County; thence west on S.R. 52 to U.S. 411 in Murray County; thence north on U.S. 411 to the Georgia/Tennessee state line. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations 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 commissioner of transportation. Approved April 15, 1996. J. MAX CHENEY MEMORIAL BRIDGE DESIGNATED. No. 108 (House Resolution No. 804). A RESOLUTION Designating the J. Max Cheney Memorial Bridge; and for other purposes. WHEREAS, J. Max Cheney was born in Tattnall County, Georgia, on February 25, 1925, and passed away on January 11, 1974; and WHEREAS, J. Max Cheney during his lifetime was one of Tattnall County's foremost citizens and public servants; and WHEREAS, J. Max Cheney was Tattnall County's first Eagle Scout, served in the United States Navy for four years during World War II, and served as a Deputy Assistant Attorney General of the State of Georgia, Solicitor of the City Court of Reidsville, now the State Court of Tattnall County, and as District Attorney of the Atlantic Judicial Circuit; and WHEREAS, J. Max Cheney was serving as Judge of the Superior Court of the Atlantic Judicial Circuit at the time of his death, the first native Tattnall Countian to occupy that high office; and

Page 1499

WHEREAS, Judge Cheney's life was highlighted by his commitment to his fellow citizens, his county, his state, and his nation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor the memory of this distinguished public servant and son of Tattnall County by designating the new bridge to be erected on Georgia Highway 147 between the City of Reidsville and the Georgia State Prison as the J. Max Cheney Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers so designating such 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 the family of J. Max Cheney. Approved April 15, 1996. JUDGE THOMAS JEFFERSON LOFTISS II REGIONAL YOUTH DETENTION CENTER DESIGNATED. No. 109 (House Resolution No. 792). A RESOLUTION Designating the Thomasville Regional Youth Detention Center as the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center; and for other purposes. WHEREAS, Judge Thomas Jefferson Jeff Loftiss II recently passed away after having served 12 years as judge of the Thomas County Juvenile Court; and WHEREAS, during his tenure on the bench, Judge Loftiss worked diligently with the Thomasville Regional Youth Detention Center and the young people who came before his court to assist the youth to overcome the circumstances which led to their arrest and go on to lead productive lives; and WHEREAS, Judge Loftiss, a graduate of Richmond Academy, Emory University, and the University of Georgia, was active in many professional and civic positions, and he was past president of the Georgia Council of Juvenile Court Judges, past president of the Thomas County Bar Association, past president of the Thomasville Kiwanis Club, chairman of the administrative board of the First Methodist Church, and Sunday School Teacher of the Christian Fellowship Class; and WHEREAS, Judge Loftiss is survived by his wife, Debbie, his daughters, Allison and Emily, and many friends; and

Page 1500

WHEREAS, because of Judge Loftiss' service to the troubled youth of the region, it is meet and proper that the Thomasville Regional Youth Detention Center be named in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the Thomasville Regional Youth Detention Center is designated the Judge Thomas Jefferson Loftiss II Regional Youth Detention Center. 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 Ms. Debbie Loftiss. Approved April 15, 1996. PAUL E. NESSMITH PARKWAY DESIGNATED. No. 112 (House Resolution No. 332). A RESOLUTION Honoring Paul E. Nessmith and designating a portion of U.S. Highway 25 as the Paul E. Nessmith Parkway; and for other purposes. WHEREAS, Paul E. Nessmith is a native of Bulloch County, Georgia, who was born to the late Benjamin David Nessmith and Sarah Emily Nessmith on November 24, 1908, and who was married to Eloise Smith on August 30, 1936; and WHEREAS, Mr. Nessmith is an outstanding Georgian and an eminent member of the Georgia political and agricultural community who is truly a fine example of a leader; and WHEREAS, Mr. Nessmith devotedly served the people of his community as their elected Representative to the Georgia House of Representatives from 1963 through 1980; and WHEREAS, in addition to his public service, Mr. Nessmith was a talented farmer and a livestock producer who was chosen as a Georgia Master Farmer in 1961; and WHEREAS, in addition to these great accomplishments, Mr. Nessmith found time to contribute his vast skills to numerous civic activities in his community, state, and nation, including membership in the Bulloch County Chamber of Commerce, the Gridiron Club, the Georgia Farm Bureau, the National Farmers Organization, and the Bulloch County Sportsman's Club, as well as service as the president and director of the Statesboro Federal Land Bank Association and as the supervisor of the Ogeechee River Soil and Water Conservation District. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body hereby honors and expresses its appreciation

Page 1501

to Paul E. Nessmith for his many invaluable contributions to this body, his community, and the State of Georgia. BE IT FURTHER RESOLVED that the portion of U.S. Highway 25 in Bulloch County, Georgia, extending from the Bulloch Jenkins County line to the Hopeulikit community be designated as the Paul E. Nessmith Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to 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. Paul E. Nessmith. Approved April 15, 1996. MIKE PADGETT HIGHWAY DESIGNATED. No. 113 (House Resolution No. 189). A RESOLUTION Designating a portion of State Highway 56 as the Mike Padgett Highway; and for other purposes. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate that portion of State Highway 56 that extends from the intersection of State Highway 56 and U.S. Highway 25, the Peach Orchard Highway, in the city limits of Augusta, Georgia, to the Burke County line as the Mike Padgett Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate markers designating said highway. 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 15, 1996. ROSA M. TARBUTTON MEMORIAL LIBRARY DESIGNATED. No. 114 (House Resolution No. 161). A RESOLUTION Designating the Rosa M. Tarbutton Memorial Library; and for other purposes.

Page 1502

WHEREAS, Rosa McMaster Tarbutton was a native daughter of Burke County, Georgia; and WHEREAS, she was born in 1899, the daughter of Dr. Hugh Buchannan McMaster and Rosa Moore McMaster; and WHEREAS, she was the wife of Ben J. Tarbutton; and WHEREAS, she was a graduate of Brenau College and received a master's degree in history from Columbia University; and WHEREAS, she was a member of Sandersville United Methodist Church where she was president of the United Methodist Women and a Sunday school teacher; and WHEREAS, she was a member and past president of the Transylvania Club which has supported the Sandersville Public Library since 1909; and WHEREAS, it is only fitting and proper that a library be named in her honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body recognize the outstanding contributions of Rosa M. Tarbutton. BE IT FURTHER RESOLVED that the Department of Education is authorized and directed to designate the department's regional library in Sandersville, in Washington County, as the Rosa M. Tarbutton Memorial Library and to affix an appropriate plaque at the entrance to such library for that purpose. 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 Rosa M. Tarbutton. Approved April 15, 1996. COURTS SUPERIOR COURT CLERKS; RECORDATION OF PLATS OR MAPS; FEES; STATE-WIDE UNIFORM AUTOMATED INFORMATION SYSTEM FOR REAL AND PERSONAL PROPERTY RECORDS; IMPLEMENTATION; CERTAIN AUTOMATIC REPEAL PROVISIONS CHANGED. Code Sections 15-6-67 and 15-6-97 Amended. No. 1028 (House Bill No. 1613). AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to provide for the

Page 1503

recordation of plats and maps under specified circumstances; to change certain fees; to provide for implementation of a state-wide uniform automated information system for real and personal property records; to provide for related matters; to amend an Act approved April 7, 1995 (Ga. L. 1995, p. 260), so as to change a provision providing for automatic repeal of Code Sections 15-6-97, relating to the state-wide uniform automated information system, and 15-6-98, relating to collection and remittance of fees, which Code sections were enacted by such Act; 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 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking in its entirety subsection (c) of Code Section 15-6-67, relating to recordation of maps and plats, and inserting in lieu thereof the following: (c) If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or plat. SECTION 2. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by striking in its entirety subparagraph (A) of paragraph (l) of subsection (f) of Code Section 15-6-77, relating to fees, and inserting in lieu thereof the following: (1)(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, 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 of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page $ 4.50 Each page, after the first 2.00 SECTION 3. Said Article is further amended by striking in its entirety Code Section 15-6-97, relating to the state-wide uniform automated information system for real and personal property records, and inserting in lieu thereof the following: 15-6-97. (a) The Georgia Superior Court Clerks' Cooperative Authority or its designated agent shall develop and implement a state-wide uniform

Page 1504

automated information system for real and personal property records, excluding filings made pursuant to Article 9 of Title 11. In furtherance of development and implementation 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 and implement 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 and implementation of the system provided for in this Code section. SECTION 4. An Act approved April 7, 1995 (Ga. L. 1995, p. 260), is amended by striking in its entirety Section 6, and inserting in lieu thereof the following: SECTION 6. Section 2 of this Act shall stand repealed on July 1, 1998. SECTION 5. Section 1 of this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. Section 2 of this Act shall become effective July 1, 1998. Sections 3 and 4 of this Act shall become effective July 1, 1996. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 16, 1996.

Page 1505

CRIMES AND OFFENSES GEORGIA COMPUTER SYSTEMS PROTECTION ACT AMENDED; TRANSMISSION OF CERTAIN MISLEADING INFORMATION THROUGH COMPUTER OR TELEPHONE NETWORK PROHIBITED; PENALTY; CIVIL ACTIONS NOT LIMITED; CERTAIN USE OF STATE SEAL BY MEMBER OF GENERAL ASSEMBLY NOT PROHIBITED. Code Section 16-9-93.1 Enacted. No. 1029 (House Bill No. 1630). AN ACT To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Computer Systems Protection Act, so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank; to provide for a penalty; to provide that civil actions are allowed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the Georgia Computer Systems Protection Act, is amended by adding, following Code Section 16-9-93, a new Code Section 16-9-93.1 to read as follows: 16-9-93.1. (a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company or Internet

Page 1506

access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers. (b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor. (c) Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both, for actions which violate this Code section. SECTION 2. Nothing contained herein shall prohibit a member of the General Assembly from using the state seal or the Georgia flag which contains the state seal on a home page that is clearly identified with the name of the member as the home page of that member. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1996. COMMERCE AND TRADE RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT AMENDED; CRIMINAL AND CIVIL PENALTIES; SELLERS AND HOLDERS NOT LIABLE FOR CERTAIN UNINTENTIONAL VIOLATIONS; EXCLUSIVE REMEDY FOR VIOLATIONS. Code Section 10-1-15 Amended. No. 1030 (House Bill No. 1647). AN ACT To amend Code Section 10-1-15 of the Official Code of Georgia Annotated, relating to criminal and civil penalties under The Retail Installment and Home Solicitation Sales Act, so as to provide that a seller or holder shall not be liable under said Act if the seller or holder can show by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error; to provide for individual actions only; 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. Code Section 10-1-15 of the Official Code of Georgia Annotated, relating to criminal and civil penalties under The Retail Installment and Home

Page 1507

Solicitation Sales Act, is amended by adding at the end thereof two new subsections (e) and (f) to read as follows: (e) A seller or holder shall not be held liable in any action brought under this Code section for a violation of this article if the seller or holder shows by clear and convincing evidence that the violation was not intentional and resulted from a bona fide clerical or typographical error. (f) The penalties under this Code section shall be the sole remedy for violations of this article and a claim of violation of this article may be asserted in an individual action only. 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 violations of The Retail Installment and Home Solicitation Sales Act occurring on or after said effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 18, 1996. LAW ENFORCEMENT OFFICERS AND AGENCIES STATE PATROL; UNIFORM DIVISION; PERSONNEL MAY PROVIDE SECURITY AT SPECIAL EVENTS; AUXILIARY SERVICE CREATED. Code Section 35-2-33 Amended. Code Section 35-2-36.1 Enacted. No. 1031 (Senate Bill No. 623). AN ACT To amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to allow personnel of the Uniform Division, while on duty and in uniform, to provide security at special events at any location in the state, whether or not the event takes place on state property; to provide for creation of the Auxiliary Service within the Uniform Division; to provide for appointment of members of the service; to provide for the rank, qualifications, compensation, benefits, authority, and powers of members of the service; to provide for equipment for members of such service; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1508

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety subsection (c) of Code Section 35-2-33, relating to additional duties of the Uniform Division of the Department of Public Safety, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The commissioner may, and in the case of a request by the Governor shall, authorize and direct the Uniform Division to: (1) Provide security protection services, or transportation or escort services, or both to coaches, players, and referees and other officials in connection with collegiate athletic events involving an institution of the University System of Georgia which offers four-year postsecondary degrees when such security protection services, or transportation or escort services, or both are necessary or appropriate to deter actual or potential threats to the safety of such individuals; (2) Provide services which are necessary or appropriate to promote the safety of the collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees or the general public or both or to facilitate travel by such collegiate athletic teams or the general public or both; (3) Allow personnel of the Uniform Division, while on duty and in uniform, to accompany collegiate athletic teams of such institutions of the University System of Georgia which offer four-year postsecondary degrees traveling to athletic events inside or outside the state and to make use of department vehicles for this purpose, provided that the department shall be reimbursed by such affected institution of the University System of Georgia for any expenses incurred by such personnel of the Uniform Division while carrying out such duties; and (4) Allow personnel of the Uniform Division, while on duty and in uniform, to provide security at special events at any location, whether or not the event takes place on state property. SECTION 2. Said article is further amended by adding between Code Sections 35-2-36 and 35-2-37 a new Code Section 35-2-36.1 to read as follows: 35-2-36.1. (a) There is created within the Uniform Division, a special service known as the Auxiliary Service. The members of the Auxiliary Service of the Uniform Division shall be appointed by the commissioner on a part-time basis and shall serve at the pleasure of the commissioner. The members shall have such rank as assigned by the commissioner. The

Page 1509

members of the Auxiliary Service shall be paid on an hourly basis and, with the exception of workers' compensation medical coverage and any benefits mandated by federal law, shall not be entitled to any employee benefits based on their employment in the Auxiliary Service. (b) Members of the Auxiliary Service shall have the same authority and powers as other members of the Uniform Division. (c) The commissioner is authorized to furnish the members of the Auxiliary Service with such equipment, uniforms, and badges as the commissioner deems necessary for the duties of such members. (d) No person shall be eligible for appointment in the Auxiliary Service unless that person has, prior to such appointment, successfully completed trooper school, served in the Uniform Division, and voluntarily left the Uniform Division in good standing through retirement, resignation, or otherwise. Persons appointed to the Auxiliary Service must complete the annual training required under Code Section 35-8-21 for certified law enforcement officers, provided that such persons may serve up to six months without having such training. The Department of Public Safety is authorized to provide or to pay for such training in the same fashion that it provides or pays for such training for members of the Uniform Division. 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 18, 1996. STATE GOVERNMENT PAYMENTS DUE STATE OR LOCAL GOVERNMENT; PAYMENT BY CREDIT CARD. Code Section 50-1-5 Enacted. No. 1032 (House Bill No. 1591). AN ACT To amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, so as to provide that state and local government shall be authorized to accept credit card payment of amounts due to state and local governments; to provide for applicability; to authorize agreements with credit card issuers and other appropriate parties; to provide for the effect of credit card payment with respect to the underlying obligation; to provide for nonliability of officers and employees

Page 1510

accepting credit card payment; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to state government in general, is amended by adding at its end a new Code Section 50-1-5 to read as follows: 50-1-5. (a) Notwithstanding any other provision of general or local law to the contrary, any officer or unit of state or local government who or which is required or authorized to receive or collect any payments to state or local government is authorized but not required to accept credit card payment of such amounts. (b) This Code section shall be broadly construed to authorize but not require acceptance of credit card payments by: (1) All departments, agencies, boards, bureaus, commissions, authorities, and other units of state government, by whatever name called; (2) All officers, officials, employees, and agents of the state and such units of state government, by whatever name called; (3) All political subdivisions of the state, including counties, municipalities, school districts, and local authorities; (4) All departments, agencies, boards, bureaus, commissions, authorities, and other units of such political subdivisions, by whatever name called; and (5) All officers, officials, employees, and agents of such units of political subdivisions. (c) This Code section shall be broadly construed to authorize but not require acceptance of credit card payments of all types of amounts payable, including but not limited to taxes, license and registration fees, fines, and penalties. For purposes of this Code section, the term `credit card' shall be deemed to include credit cards, charge cards, and debit cards. (d) The decision as to whether to accept credit card payments for any particular type of payment shall be made by the officer or board or other body having general discretionary authority over the manner of acceptance of such type of payments. If credit card payments are to be accepted, such officer or board or other body shall be authorized to adopt reasonable policies, rules, or regulations not in conflict with this Code section governing the manner of acceptance of credit card payments. However, no credit card payments shall be accepted for local

Page 1511

ad valorem taxes without the formal agreement of the governing authority of the political subdivision for whose benefit such taxes are collected, and no credit card payments shall be accepted for any state taxes or fees without formal approval by the State Depository Board. The officer or board or other body having the general discretionary authority over the manner of acceptance of such payments shall be authorized to enter into appropriate agreements with credit card issuers or other appropriate parties as needed to facilitate the acceptance of credit card payments. Without limiting the generality of the foregoing, such agreements may provide for the acceptance of credit card payments at a discount from their face amount or the payment or withholding of administrative fees from the face amount of such payments. Such discount or administrative fees may be authorized when the officer or board or other body determines that any reduction of revenue resulting from such discount or fees will be in the best interest of state or local government. Factors which may be considered in making such a determination may include but are not necessarily limited to improved governmental cash flow, reduction of governmental overhead, improved governmental financial security, or a combination of one or more of the foregoing together with the benefit of increased public convenience. Any such agreement shall provide that it may be canceled at any time by the affected officer or unit of state or local government, but the agreement may include provisions for a reasonable brief period of notice for cancellation. (e) An officer or board or other body authorizing acceptance of credit card payments shall be authorized but not required to impose a surcharge upon the person making a payment by credit card so as to wholly or partially offset the amount of any discount or administrative fees charged to state or local government. The surcharge will be applied only when allowed by the operating rules and regulations of the credit card involved. When a party elects to make a payment to state or local government by credit card and such a surcharge is imposed, the payment of such surcharge shall be deemed voluntary by such party and shall be in no case refundable. (f) No person making any payment by credit card to state or local government shall be relieved from liability for the underlying obligation except to the extent that state or local government realizes final payment of the underlying obligation in cash or the equivalent. If final payment is not made by the credit card issuer or other guarantor of payment in the credit card transaction, then the underlying obligation shall survive and state or local government shall retain all remedies for enforcement which would have applied if the credit card transaction had not occurred. No contract may modify the provisions of this subsection. This subsection, however, shall not make the underlying obligor liable for any discount or administrative fees paid to a credit card issuer or other party by state or local government.

Page 1512

(g) A state or local government officer or employee who accepts a credit card payment in accordance with this Code section and any applicable policies, rules, or regulations of state or local government shall not thereby incur any personal liability for the final collection of such payments. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1996. HIGHWAYS, BRIDGES, AND FERRIES COUNCIL ON RURAL TRANSPORTATION AND ECONOMIC DEVELOPMENT CREATED; MAXIMUM LOADS ON TANDEM AXLES; WEIGHT LIMITATION EXEMPTIONS; PERMITS FOR EXCESS WEIGHT AND DIMENSIONS OF VEHICLES. Code Section 32-4-23 Enacted. Code Sections 32-6-26 and 32-6-28 Amended. No. 1033 (Senate Bill No. 591). AN ACT To amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to create the Council on Rural Transportation and Economic Development; to provide for its powers, duties, and authority; to provide for the development and implementation of a strategic plan relative to the transportation needs of rural Georgia; to provide for the membership, powers, duties, and operation of the council; to authorize the appropriation of funds to the council and the provision of state funds to the council; to authorize the expenditure of funds by the council; to provide for the provision of services to the council; to provide for related matters; to provide for automatic repeal; to change certain provisions relating to maximum loads on tandem axles; to change certain provisions relating to exceeding weight limitations on certain vehicles operating on public roads which are not national highways; to change certain provisions relating to issuance of special permits; 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 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, is amended by adding a new Code section immediately following Code Section 32-4-22, to be designated Code Section 32-4-23, to read as follows:

Page 1513

32-4-23. (a) There is created the Council on Rural Transportation and Economic Development to be composed of 15 members. Three members shall be appointed by the Governor. Three members shall be members of the Senate to be appointed by the President of the Senate. Three members shall be members of the House of Representatives to be appointed by the Speaker of the House of Representatives. Six members shall be ex officio members: the commissioner of transportation, the commissioner of industry, trade, and tourism, the commissioner of community affairs, the Commissioner of Labor, the commissioner of natural resources, and the commissioner of technical and adult education. The Governor shall designate a member of the council to call the initial meeting at which the council shall elect one of their members to serve as the chairperson who shall call all meetings of the council and set the agenda. (b) The council shall undertake a comprehensive study of the needs of rural Georgia relative to the state Developmental Highway System, shall develop a strategic plan for meeting those transportation needs, and shall support the implementation and completion of the plan by the Department of Transportation. Without limiting the generality of the foregoing, such study and plan shall specifically address the composite network of highways that shall be included in the state Developmental Highway System, a timetable for the completion of each link in the highway system, and the sources and level of funding necessary to implement the highway system proposed. The council shall be headquartered in a rural community to be designated by a majority vote of the council. The council 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, 1997. (c) The General Assembly is authorized to appropriate funds to the council for the purposes of this Code section. In addition, any officer, agency, or department of the state may make available to the council for purposes of this Code section funds appropriated or available to such officer, agency, or department. Any funds so appropriated or made available to the council may be expended by the council in such manner as may be determined by the council. The council is attached to the Department of Community Affairs for budgetary and administrative purposes only. The council is authorized to contract for and engage the services of experts, consultants, and staff as may be deemed appropriate for the purposes of this Code section. The council may also request the provision of services for the purposes of this Code section by any officer, agency, or department of state government, and all officers, agencies, and departments of state government shall cooperate with the council and provide services so requested to the maximum extent possible. (d) The council may conduct such meetings and public hearings at such places and times as it may deem necessary or convenient to enable it to

Page 1514

exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. (e) The legislative members of the council and any members of the council 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 of the council. (f) Any members of the council who are state officers or employees shall receive no additional compensation for service on the council but may be reimbursed by their respective employing agency for expenses incurred in service on the council. (g) The council shall stand abolished and this Code section shall stand repealed in its entirety on March 31, 1997. SECTION 2. Said title is further amended by striking subparagraph (c)(1)(A) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof the following: (c)(1)(A) On all highways within this state which are not national highways, the maximum total gross weight authorized for any vehicle and load shall not exceed 80,000 pounds; the maximum load authorized on any single axle shall be as provided in subsection (b) of this Code section; the maximum load on any tandem axle shall be 40,680 pounds; and subject to subparagraph (B) and subparagraph (C) of this paragraph, the maximum total gross weight authorized for any vehicle and load shall be the maximum load authorized on any single axle multiplied by the number of axles with which the vehicle is equipped. SECTION 3. Said title is further amended by striking subsection (g) of Code Section 32-6-26, relating to weight of vehicles and loads, and inserting in lieu thereof the following: (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

Page 1515

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; (B) Hauling live poultry or cotton from a farm to a processing plant; (C) Hauling feed from a feed mill to a farm; (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; or (E) Hauling solid waste or recovered materials from points of generation to a solid waste handling facility or other processing facility. (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 3A. Said title is further amended by striking paragraph (1) of subsection (c) of Code Section 32-6-28, relating to permits for excess weight and dimensions of vehicles, and inserting in lieu thereof the following: (1) ANNUAL. Charges for the issuance of annual permits shall be as follows: (A) For portable buildings and boats and any vehicle or combination of vehicles, up to and including 12 feet wide and 75 feet long $ 100.00 However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported portable buildings may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the 60 foot limitation provided for in Code Section 32-6-24, provided that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways; (B) For heavy equipment: (i) Overweight, overlength, or overwidth 100.00 (ii) Overheight (any equipment) 50.00 A tractor and trailer (low boy type) may, after depositing a load referred to in this subparagraph, return to its point of origin even though the tractor and trailer (low boy type) may exceed the 60 foot limitation provided for in Code

Page 1516

Section 32-6-24, up to and including 12 feet wide and 75 feet long, provided that the tractor and trailer (low boy type) referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways; (C) For loads of concrete pipe, cotton other than on cotton module hauler trucks, and plywood which do not exceed nine feet wide 100.00 Provided that such loads may not be operated on the National System of Interstate and Defense Highways; (C.1) For loads of cotton on cotton module hauler trucks not exceeding a width of nine feet, an overall length of 52 feet, a height of 13 feet six inches, and a total gross weight of 65,000 pounds, without regard to any axle weight 100.00 Provided that such loads may not be operated on the National System of Interstate and Defense Highways; (D) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, up to and including ten feet wide and 75 feet long 100.00 However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported modular homes or sectional houses may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways; (E) For mobile homes, modular homes, and sectional houses, and any vehicle or combination of vehicles, from ten feet wide up to and including 12 feet wide and 85 feet long 250.00 However, a vehicle or combination of vehicles having a trailer or combination of trailers with sidewalls or roof which has transported modular homes and sectional houses may, after depositing any load, return unloaded to its point of origin even though the unloaded vehicles exceed the limitations provided for in this article, provided that the movements made under the authority of these annual permits shall be authorized only on those routes specified as part of an approved route system; provided, further, that the mobile homes, modular homes, and sectional houses referred to in this subparagraph, regardless of the length of the towing vehicle, shall not exceed a

Page 1517

length of 70 feet from the center of the hitch ball cup to the rearmost part of the load; and provided, further, that the unloaded vehicles referred to in this subparagraph may not be operated on the National System of Interstate and Defense Highways; (F) For the annual permits authorized by paragraph (2) of subsection (b) of Code Section 32-6-24 for vehicles exceeding 75 feet in length 100.00 (G) For the annual permits authorized by subsection (a) of Code Section 32-6-24 for trailers which are over 45 feet in length 10.00 (H) For loads of round hay bales which do not exceed 11 feet wide 100.00 Provided that the annual permit shall specify the route or routes upon which such loads may be operated. (I) For preengineered and premanufactured wood roof and floor trusses up to and including 12 feet wide 100.00 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 24, 1996. SOCIAL SERVICES FRAUD IN OBTAINING PUBLIC ASSISTANCE, FOOD STAMPS, OR MEDICAID; PROSECUTION OF OFFENSES; INELIGIBILITY OF CONVICTED PERSONS FOR PUBLIC ASSISTANCE; TWO STRIKES AND YOU'RE OFF ACT ENACTED. Code Section 49-4-15 Amended. No. 1034 (Senate Bill No. 446). AN ACT To amend Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, so as to change provisions relating to prosecution of such criminal offenses; to provide for the deferral of such prosecutions under certain conditions; to provide for procedures relative to such deferrals; to provide for consent agreements between the prosecuting attorney and the accused; to provide for the contents and effect of such consent agreements; to provide for restitution; to provide for the filing of such consent agreements; to provide

Page 1518

that the successful completion of the terms and conditions of a consent agreement shall bar criminal prosecution for such offense; to provide for prosecution upon failure to comply with such an agreement; to provide an additional penalty for any person who fraudulently obtains public assistance or food stamps; to provide a short title; to provide that any such person shall be ineligible for such public benefits for one year for the first offense and forever for the second offense; to provide an effective date; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by adding after subsection (c) new subsections (d) and (e) to read as follows: (d) Any felony offense under this Code section may be prosecuted by accusation as provided in Code Section 17-7-70.1. (e)(1) Prior to the filing of an accusation or the return of an indictment, a prosecuting attorney may defer further prosecution of such accusation or indictment and shall have the authority to enter into a consent agreement with the individual in which such individual admits to any overpayment, consents to disqualification for such period of time as is or may hereafter be provided by law, and agrees to repay, as restitution, such overpayment. Such agreement may provide for a lump sum repayment, installment payments, formula reduction of benefits, or any combination thereof. Such agreement shall toll the running of the statute of limitations for such offense for the period of the agreement. A consent agreement entered into in accordance with this subsection shall not constitute a criminal charge. (2) Any such agreement shall be filed in the criminal docket of the court having jurisdiction over the violation of this Code section without the necessity of the state filing an accusation or an indictment being returned by a grand jury. The clerk shall enter upon the docket `CONSENT AGREEMENT NOT A CRIMINAL CHARGE.' (3) Upon successful completion of the terms and conditions of the consent agreement, criminal prosecution of the individual for such offense shall be barred; provided, however, that nothing in this paragraph shall prohibit the state from introducing evidence of such offense as a similar transaction in any subsequent prosecution or for the purpose of impeachment. The successful completion of the terms and conditions of the agreement shall not be considered a criminal conviction. (4) If the individual fails to comply with the terms of such consent agreement, the state may proceed with a criminal prosecution.

Page 1519

SECTION 1.1. Section 1.2 of this Act shall be known and may be cited as the Two Strikes and You're Off Act. SECTION 1.2. Code Section 49-4-15 of the Official Code of Georgia Annotated, relating to fraud in obtaining public assistance, food stamps, or Medicaid, is amended by inserting at the end thereof the following: (d) Any person convicted of an offense stated in this Code section shall, upon the first such conviction, be ineligible to receive any form of public assistance or food stamps for a period of one year. For a second such conviction, such person shall be barred from receiving any form of public assistance or food stamps in this state for life; provided, however, that nothing in this subsection shall be construed so as to preempt any other law or regulation which would require an earlier denial of such benefits. SECTION 2. 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 3. No later than July 1, 1996, the Department of Human Resources shall request from the appropriate federal agencies any waivers necessary to implement any part of this Act. Each portion of this Act for which such waiver is required shall become effective only if the waiver is obtained, and in that event shall become effective upon the ninetieth day following the receipt of such waiver. The remainder of this Act shall become effective July 1, 1996. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1996.

Page 1520

PENAL INSTITUTIONS REGISTRATION OF PERSONS CONVICTED OF CERTAIN CRIMES AGAINST MINORS OR SEXUALLY VIOLENT OFFENSES; SEXUALLY VIOLENT PREDATORS; SEXUAL OFFENDER REGISTRATION REVIEW BOARD; PENALTIES FOR FAILURE TO REGISTER. Code Section 42-1-12 Enacted. No. 1035 (Senate Bill No. 53). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, so as to establish a program of registration for persons who have committed certain crimes against minors or who have committed sexually violent offenses; to define certain terms; to provide for a court determination of a sexually violent predator; to create the Sexual Offender Registration Review Board which will assist the court in determining which offenders are sexually violent predators; to provide procedures in connection with making such determinations; to provide for the appointment, terms of office, compensation, and duties of the members of such board; to provide for registration requirements upon release, parole, supervised release, or probation of certain offenders; to provide for registration with the Georgia Bureau of Investigation; to require certain state officials to perform certain duties; to provide that the Georgia Crime Information Center shall create certain criminal justice information systems to facilitate carrying out the provisions of this Act; to provide for the transfer of certain information to local law enforcement agencies, the Federal Bureau of Investigation, and law enforcement agencies in other states; to provide for continuing registration and verification through local law enforcement agencies; to require each sheriff to maintain a register of information concerning certain offenders based on information received from the Georgia Bureau of Investigation; to provide for verification of information; to provide for notification of sheriffs of changes of address of certain convicted persons; to provide for registration for changes of address to another state; to provide for length of registration; to provide penalties for violations of this Act or for the provision of false information; to provide for release of information; to provide immunity to certain officials for good faith conduct; to provide for applicability with respect to another law; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to penal institutions, is amended by adding at the end thereof a new Code Section 42-1-12 to read as follows:

Page 1521

42-1-12. (a) As used in this Code section, the term: (1) `Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the sentencing court; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee. (2) `Board' means the Sexual Offender Registration Review Board. (3) `Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section. (4) (A) `Criminal offense against a victim who is a minor' means any criminal offense under Title 16 of this Code that consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conduct that by its nature is a sexual offense against a minor. (B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (5) `Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of

Page 1522

criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. (6) `Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) `Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for a felony offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) `Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (b)(1)(A)(i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the Georgia Bureau of Investigation for the time period specified in paragraph (1) of subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register the information required under subparagraph (A) of this paragraph with the Georgia Bureau of Investigation until such requirement is terminated under paragraph (2) of subsection (g) of this Code section.

Page 1523

(2)(A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 of this Code and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sex Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sex Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender

Page 1524

and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be rendered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of this Code section shall no longer apply to such offender. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of this Code section. (3)(A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (b)(1)(A) for such registration; (ii) Inform the person that, if the person changes residence address, the person shall give the new address to the sheriff with whom the person last registered; (iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state if the new state has a registration requirement; (iv) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. (B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any

Page 1525

mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification. (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the Criminal Justice Information System by the appropriate state official or sheriff, the Georgia Crime Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (d)(1) For a person required to register under subparagraph (b)(1)(A) of this Code section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section the following applies: (A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and

Page 1526

(D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the residence address. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b)(1)(B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release on probation by the court or the initial release by the Department of Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides. The Georgia Bureau of Investigation shall, if the person changes residence to another state, notify the law enforcement agency with which the person must register in the new state if the new state has a registration requirement. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g)(1) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation. (2) The requirement of a person to register under subparagraph (b)(1)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the third or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes;

Page 1527

(2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section is authorized to release relevant information collected under this Code section that is necessary to protect the public concerning a specific person required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sex Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1996. LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION INSURANCE; MERIT RATING PLAN TO ESTABLISH CREDITS AND DEBITS FOR POLICYHOLDERS. Code Section 34-9-133 Amended. No. 1036 (House Bill No. 1494). AN ACT To amend Article 4 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to insurance of workers' compensation liability generally, so as to create a merit rating plan for certain workers' compensation claims; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 1528

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 insurance of workers' compensation liability generally, is amended by adding a new subsection at the end of Code Section 34-9-133, relating to apportionment and assignment of rejected workers' compensation policy risks, to read as follows: (j) A merit rating plan shall be implemented by the Plan administrator and the Commissioner of Insurance in compliance with subparagraph (c)(5)(B) of this Code section to establish credits for policyholders who have had no lost-time claims and debits for a specified number of lost-time claims to include the following: (1) A policyholder who is not experience rated, whose annual premium is less than $5,000.00, and who is subject to a merit rating plan of credits and debits to be applied to the Georgia manual premium for the policyholder in the Plan; (2) The merit rating plan shall be based upon the number of lost-time claims of the policyholder during the most recent one-year period for which statistics are available. This one-year period is that which would otherwise be used for experience rating purposes; (3) The credits and debits under such plan shall be as follows: (A) No lost-time claims for the most recent year, a 12 1/2 percent credit; (B) One lost-time claim for the most recent year, no credit or debit; and (C) Two or more lost-time claims for the most recent year, a 5 percent debit; (4) The insurer shall obtain the claims information of the policyholder and shall notify the policyholder of the credit or debit premium adjustment and the reason for same in writing within 90 days of the effective date of the policy. The insurer, upon request, shall provide additional safety plan information to a policyholder who develops a debit merit rating adjustment; and (5) Debits and credits used in this merit rating plan shall not apply to the Georgia minimum premium for a risk.

Page 1529

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 24, 1996. APPROPRIATIONS S.F.Y. 1996-1997. No. 1037 (House Bill No. 1265). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1996, and ending June 30, 1997; 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, 1996, and ending June 30, 1997, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and the General Funds of the State, including unappropriated surplus, reserves and a revenue estimate of $10,629,000,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1997. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 26,278,571 Personal Services - Staff $ 14,022,258 Personal Services - Elected Officials $ 3,840,461 Regular Operating Expenses $ 2,639,647

Page 1530

Travel - Staff $ 98,000 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 585,000 Equipment $ 232,000 Computer Charges $ 475,000 Real Estate Rentals $ 5,000 Telecommunications $ 650,500 Per Diem, Fees and Contracts - Staff $ 125,980 Per Diem, Fees and Contracts - Elected Officials $ 2,374,925 Photography $ 90,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 26,278,571 State Funds Budgeted $ 26,278,571 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,107,790 $ 4,107,790 Lt. Governor's Office $ 658,038 $ 658,038 Secretary of the Senate's Office $ 1,181,350 $ 1,181,350 Total $ 5,947,178 $ 5,947,178 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,634,940 $ 10,634,940 Speaker of the House's Office $ 553,080 $ 553,080 Clerk of the House's Office $ 1,413,794 $ 1,413,794 Total $ 12,601,814 $ 12,601,814 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,781,605 $ 2,781,605 Legislative Fiscal Office $ 2,272,611 $ 2,272,611

Page 1531

Legislative Budget Office $ 1,006,538 $ 1,006,538 Ancillary Activities $ 1,291,672 $ 1,291,672 Budgetary Responsibility Oversight Committee $ 377,153 $ 377,153 Total $ 7,729,579 $ 7,729,579 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 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 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

Page 1532

legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 19,706,494 Personal Services $ 16,470,396 Regular Operating Expenses $ 602,030 Travel $ 575,000 Motor Vehicle Purchases $ 268,695 Equipment $ 15,000 Real Estate Rentals $ 895,000 Per Diem, Fees and Contracts $ 58,225 Computer Charges $ 660,000 Telecommunications $ 162,148 Total Funds Budgeted $ 19,706,494 State Funds Budgeted $ 19,706,494 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 85,346,430 Personal Services $ 12,311,126 Other Operating $ 70,149,871 Prosecuting Attorney's Council $ 2,227,465 Judicial Administrative Districts $ 1,346,564 Payment to Council of Superior Court Clerks $ 26,240 Payment to Resource Center $ 300,000 Computerized Information Network $ 683,800 Total Funds Budgeted $ 87,045,066 State Funds Budgeted $ 85,346,430 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 6,641,102 $ 6,015,631 Court of Appeals $ 7,945,611 $ 7,895,611 Superior Court - Judges $ 35,735,637 $ 35,667,637 Superior Court - District Attorneys $ 27,700,551 $ 26,745,386 Juvenile Court $ 1,053,172 $ 1,053,172

Page 1533

Institute of Continuing Judicial Education $ 758,378 $ 758,378 Judicial Council $ 2,026,094 $ 2,026,094 Judicial Qualifications Commission $ 168,197 $ 168,197 Indigent Defense Council $ 3,000,000 $ 3,000,000 Georgia Courts Automation Commission $ 1,767,256 $ 1,767,256 Georgia Office Of Dispute Resolution $ 249,068 $ 249,068 Total $ 87,045,066 $ 85,346,430 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 42,233,157 Personal Services $ 50,508,741 Regular Operating Expenses $ 12,758,301 Travel $ 432,865 Motor Vehicle Purchases $ 696,459 Equipment $ 1,517,294 Computer Charges $ 16,539,556 Real Estate Rentals $ 3,529,997 Telecommunications $ 2,881,122 Per Diem, Fees and Contracts $ 2,809,296 Rents and Maintenance Expense $ 11,792,750 Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,972,744 Direct Payments to Georgia Building Authority for Capital Outlay $ 550,000 Direct Payments to Georgia Building Authority for Operations $ 540,699 Telephone Billings $ 55,617,230 Radio Billings $ 896,550 Materials for Resale $ 21,000,000 Public Safety Officers Indemnity Fund $ 700,000 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 $ 185,912,104 State Funds Budgeted $ 42,233,157

Page 1534

Departmental Functional Budgets Total Funds State Funds Executive Administration $ 2,244,975 $ 1,662,773 Departmental Administration $ 2,188,359 $ 2,057,172 Statewide Systems $ 12,701,985 $ 9,727,188 Space Management $ 530,934 $ 530,934 Procurement Administration $ 3,061,819 $ 3,061,819 General Services $ 617,501 $ 0 Central Supply Services $ 20,929,144 $ 0 Data Processing Services $ 44,756,080 $ 14,069,599 Motor Vehicle Services $ 4,580,312 $ 0 Communication Services $ 78,138,178 $ 5,850,000 Printing Services $ 3,252,953 $ 0 Surplus Property $ 2,662,254 $ 0 Mail and Courier Services $ 1,300,879 $ 0 Risk Management $ 3,652,876 $ 700,000 State Properties Commission $ 668,788 $ 668,788 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 965,065 $ 519,051 State Office of Administrative Hearings $ 3,660,002 $ 3,385,833 Total $ 185,912,104 $ 42,233,157 B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 22,260,369 Regular Operating Expenses $ 13,236,589 Travel $ 12,000 Motor Vehicle Purchases $ 268,000 Equipment $ 452,400 Computer Charges $ 110,100 Real Estate Rentals $ 15,071

Page 1535

Telecommunications $ 228,970 Per Diem, Fees and Contracts $ 405,000 Capital Outlay $ 550,000 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 37,538,499 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Grounds $ 2,035,634 $ 0 Custodial $ 5,475,952 $ 0 Maintenance $ 4,453,839 $ 0 Security $ 6,785,722 $ 0 Van Pool $ 382,451 $ 0 Sales $ 4,097,175 $ 0 Administration $ 12,927,239 $ 0 Roofing $ 451,635 $ 0 Facilities Program $ 928,852 $ 0 Total $ 37,538,499 $ 0 Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 38,270,166 Personal Services $ 32,289,979 Regular Operating Expenses $ 4,514,508 Travel $ 959,114 Motor Vehicle Purchases $ 692,227 Equipment $ 439,750 Computer Charges $ 550,000 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 992,587 Market Bulletin Postage $ 1,046,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,750,466

Page 1536

Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,719,702 Veterinary Fees $ 312,000 Indemnities $ 60,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 633,431 Vetoed 4-25-96 Zell Miller Payments to Georgia Development Authority $ 250,000 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 350,000 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 50,001,824 State Funds Budgeted $ 38,270,166 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,278,240 $ 7,497,240 Animal Industry $ 15,989,933 $ 12,857,798 Marketing $ 6,875,043 $ 3,200,043 Internal Administration $ 6,444,560 $ 6,175,060 Fuel and Measures $ 3,590,525 $ 3,460,825 Consumer Protection Field Forces $ 8,241,420 $ 5,079,200 Seed Technology $ 582,103 $ 0 Total $ 50,001,824 $ 38,270,166 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 894,967 Regular Operating Expenses $ 189,313 Travel $ 5,100 Motor Vehicle Purchases $ 0 Equipment $ 4,066 Computer Charges $ 7,600 Real Estate Rentals $ 0

Page 1537

Telecommunications $ 7,757 Per Diem, Fees and Contracts $ 6,380 Capital Outlay $ 145,367 Goods for Resale $ 114,750 Total Funds Budgeted $ 1,375,300 State Funds Budgeted $ 0 Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 9,318,265 Personal Services $ 7,701,330 Regular Operating Expenses $ 455,685 Travel $ 400,000 Motor Vehicle Purchases $ 36,750 Equipment $ 8,200 Computer Charges $ 295,000 Real Estate Rentals $ 335,000 Telecommunications $ 73,000 Per Diem, Fees and Contracts $ 13,300 Total Funds Budgeted $ 9,318,265 State Funds Budgeted $ 9,318,265 Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services $ 137,198,138 Personal Services $ 84,478,421 Regular Operating Expenses $ 7,488,704 Travel $ 901,207 Motor Vehicle Purchases $ 147,402 Equipment $ 419,583 Computer Charges $ 265,336 Real Estate Rentals $ 1,690,885 Telecommunications $ 934,714 Per Diem, Fees and Contracts $ 5,045,409 Utilities $ 2,382,853 Institutional Repairs and Maintenance $ 509,559 Grants to County-Owned Detention Centers $ 3,715,495 Service Benefits for Children $ 17,610,980 Purchase of Service Contracts $ 17,129,342 Capital Outlay $ 0 Total Funds Budgeted $ 142,719,890 State Funds Budgeted $ 137,198,138

Page 1538

Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 32,131,875 $ 30,153,314 Milledgeville State YDC $ 15,263,805 $ 14,540,112 Augusta State YDC $ 13,211,291 $ 12,390,355 Atlanta State YDC $ 6,759,822 $ 6,428,866 Macon State YDC $ 5,543,517 $ 5,206,920 Court Services $ 19,060,780 $ 18,913,976 Community Treatment Centers $ 0 $ 0 Day Centers $ 496,745 $ 496,745 Group Homes $ 1,043,480 $ 1,043,480 Purchased Services $ 36,005,238 $ 34,911,033 Runaway Investigation/Interstate Compact $ 996,262 $ 996,262 Assessment and Classification $ 591,587 $ 591,587 Youth Services Administration $ 7,669,558 $ 7,669,558 Multi-Service Centers $ 3,945,930 $ 3,855,930 Total $ 142,719,890 $ 137,198,138 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 40,635,112 Personal Services $ 6,167,136 Regular Operating Expenses $ 334,749 Travel $ 167,696 Motor Vehicle Purchases $ 0 Equipment $ 1,368 Computer Charges $ 132,424 Real Estate Rentals $ 513,430 Telecommunications $ 54,610 Per Diem, Fees and Contracts $ 279,160 ARC Revolving Loan Fund $ 0

Page 1539

Contracts for Regional Planning and Development $ 2,167,374 Local Assistance Grants $ 17,412,335 Appalachian Regional Commission Assessment $ 112,439 Community Development Block Grants(Federal) $ 30,000,000 National and Community Service Program $ 0 Payments to Music Hall of Fame Authority $ 715,278 Payments to Sports Hall of Fame $ 281,541 Local Development Fund $ 650,000 Payment to State Housing Trust Fund $ 4,625,000 Payment to Georgia Housing Finance Authority $ 2,814,244 Payment to Georgia Environmental Facilities Authority $ 2,407,840 Regional Economic Business Assistance Grants $ 6,650,000 Local Government Efficiency Grant Program $ 500,000 State Commission on National and Community Service $ 214,856 Business Flood Disaster Recovery Program $ 0 EZ/EC Administration $ 209,499 Capital Felony Expenses $ 0 Total Funds Budgeted $ 76,410,979 State Funds Budgeted $ 40,635,112 Departmental Functional Budgets Total Funds State Funds Executive and Administrative Division $ 39,810,207 $ 35,272,840 Planning, Information and Management Division $ 3,852,592 $ 3,678,064 Business and Financial Assistance Division $ 32,748,180 $ 1,684,208 Total $ 76,410,979 40,635,112 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 675,173,004 Personal Services $ 480,202,792 Regular Operating Expenses $ 57,578,948 Travel $ 2,162,244 Motor Vehicle Purchases $ 2,848,384 Equipment $ 4,695,277 Computer Charges $ 6,017,166

Page 1540

Real Estate Rentals $ 6,008,776 Telecommunications $ 6,850,514 Per Diem, Fees and Contracts $ 6,964,855 Capital Outlay $ 0 Utilities $ 21,267,728 Court Costs $ 900,000 County Subsidy $ 16,786,950 County Subsidy for Jails $ 6,843,750 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,127,250 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 $ 66,985,723 Payments to MAG for Health Care Certification $ 63,420 University of Georgia - College of Veterinary Medicine Contracts $ 366,244 Minor Construction Fund $ 894,000 Total Funds Budgeted $ 695,760,881 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 675,173,004 Departmental Functional Budgets Total Funds State Funds Administration $ 77,582,278 $ 75,587,278 Institutions and Support $ 510,037,754 $ 495,706,489 Probation $ 108,140,849 $ 103,879,237 Total $ 695,760,881 $ 675,173,004 B. Budget Unit: Board of Pardons and Paroles $ 43,239,164 Personal Services $ 33,387,213 Regular Operating Expenses $ 1,615,677 Travel $ 542,000 Motor Vehicle Purchases $ 78,000 Equipment $ 191,424 Computer Charges $ 291,200 Real Estate Rentals $ 2,785,000 Telecommunications $ 930,000 Per Diem, Fees and Contracts $ 2,743,650

Page 1541

County Jail Subsidy $ 650,000 Health Services Purchases $ 25,000 Total Funds Budgeted $ 43,239,164 State Funds Budgeted $ 43,239,164 Section 10. Department of Defense. Budget Unit: Department of Defense $ 4,230,851 Personal Services $ 9,103,886 Regular Operating Expenses $ 6,083,797 Travel $ 29,375 Motor Vehicle Purchases $ 0 Equipment $ 28,840 Computer Charges $ 11,125 Real Estate Rentals $ 24,400 Telecommunications $ 40,825 Per Diem, Fees and Contracts $ 458,000 Capital Outlay $ 0 Total Funds Budgeted $ 15,780,248 State Funds Budgeted $ 4,230,851 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,443,315 $ 1,404,166 Georgia Air National Guard $ 5,220,673 $ 509,289 Georgia Army National Guard $ 9,116,260 $ 2,317,396 Total $ 15,780,248 $ 4,230,851 Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education Operations: $ 4,035,960,314 Personal Services $ 32,159,685 Regular Operating Expenses $ 4,606,393 Travel $ 932,048 Motor Vehicle Purchases $ 80,914 Equipment $ 287,255 Computer Charges $ 8,141,976 Real Estate Rentals $ 1,495,506 Telecommunications $ 1,116,985

Page 1542

Per Diem, Fees and Contracts $ 18,698,646 Utilities $ 912,272 Capital Outlay $ 0 QBE Formula Grants: Kindergarten\Grades 1 - 3 $ 997,621,233 Grades 4 - 8 $ 856,200,685 Grades 9 - 12 $ 350,962,605 High School Laboratories $ 168,564,020 Vocational Education Laboratories $ 111,007,756 Special Education $ 384,401,822 Gifted $ 58,064,303 Remedial Education $ 89,508,479 Staff Development and Professional Development $ 33,759,340 Media $ 106,022,187 Indirect Cost $ 691,835,455 Pupil Transportation $ 142,429,530 Local Fair Share $ (673,892,309) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants: Equalization Formula $ 165,250,422 Sparsity Grants $ 3,609,604 In School Suspension $ 25,291,984 Special Instructional Assistance $ 87,838,070 Middle School Incentive $ 77,226,063 Special Education Low - Incidence Grants $ 563,759 Limited English-Speaking Students Program $ 14,363,735 Non-QBE Grants: Education of Children of Low-Income Families $ 143,999,894 Retirement (H.B. 272 and H.B. 1321) $ 5,408,750 Instructional Services for the Handicapped $ 54,732,103 Tuition for the Multi-Handicapped $ 1,308,088 Severely Emotionally Disturbed $ 44,078,591 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 29,128,663 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,491,147 Regional Education Service Agencies $ 9,722,497 Georgia Learning Resources System $ 3,489,010 High School Program $ 21,712,907 Special Education in State Institutions $ 5,041,480 Governor's Scholarships $ 1,720,000 Counselors $ 7,580,313 Vocational Research and Curriculum $ 293,520

Page 1543

Even Start $ 2,720,906 Salaries and Travel of Public Librarians $ 13,194,595 Public Library Materials $ 5,828,704 Talking Book Centers $ 974,478 Public Library M O $ 4,998,958 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 $ 500,000 Drug Free School (Federal) $ 11,625,943 At Risk Summer School Program $ 5,979,345 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 $ 16,877,102 Mentor Teachers $ 1,250,000 Advanced Placement Exams $ 0 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,875,664 Alternative Programs $ 12,976,442 Environmental Science Grants $ 100,000 Pay for Performance $ 2,000,000 Mentoring Program $ 500,000 Charter Schools $ 55,000 Technology Specialist $ 15,289,138 Migrant Education $ 266,403 Total Funds Budgeted $ 4,535,002,896 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 4,035,960,314 Departmental Functional Budgets Total Funds State Funds State Administration $ 6,133,471 $ 5,244,236 Instructional Services $ 22,722,235 $ 17,909,854 Governor's Honors Program $ 1,217,128 $ 1,139,539 Administrative Services $ 16,255,601 $ 11,752,413

Page 1544

Special Services $ 5,203,803 $ 2,265,454 Professional Practices Commission $ 1,100,049 $ 1,100,049 Local Programs $ 4,466,921,216 $ 3,981,855,412 Georgia Academy for the Blind $ 5,399,800 $ 5,146,415 Georgia School for the Deaf $ 5,002,287 $ 4,773,191 Atlanta Area School for the Deaf $ 5,047,306 $ 4,773,751 Total $ 4,535,002,896 $ 4,035,960,314 B. Budget Unit: Lottery for Education $ 283,218,263 Pre-Kindergarten for 4-year-olds $ 185,136,919 Applied Technology Labs $ 3,650,000 Next Generation Schools $ 0 Alternative Programs $ 1,100,000 Educational Technology Centers $ 0 Distant Learning - Satellite Dishes $ 0 Model Technology Schools $ 0 Capital Outlay $ 64,726,684 Post Secondary Options $ 1,000,000 Learning Logic Sites $ 0 Assistive Technology $ 500,000 Computers in the Classroom $ 27,104,660 Total Funds Budgeted $ 283,218,263 Lottery Funds Budgeted $ 283,218,263 Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 1,884,668 Regular Operating Expenses $ 298,500 Travel $ 18,000 Motor Vehicle Purchases $ 0 Equipment $ 13,220 Computer Charges $ 554,222 Real Estate Rentals $ 302,000 Telecommunications $ 38,362 Per Diem, Fees and Contracts $ 1,281,000

Page 1545

Benefits to Retirees $ 0 Total Funds Budgeted $ 4,389,972 State Funds Budgeted $ 0 Section 13. Forestry Commission. Budget Unit: Forestry Commission $ 35,443,370 Personal Services $ 29,678,437 Regular Operating Expenses $ 5,781,558 Travel $ 159,937 Motor Vehicle Purchases $ 921,785 Equipment $ 1,580,419 Computer Charges $ 310,500 Real Estate Rentals $ 54,764 Telecommunications $ 928,106 Per Diem, Fees and Contracts $ 604,307 Ware County Grant $ 0 Ware County Grant for Southern Forest World $ 28,500 Ware County Grant for Road Maintenance $ 60,000 Capital Outlay $ 241,752 Total Funds Budgeted $ 40,350,065 State Funds Budgeted $ 35,443,370 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,815,460 $ 25,142 Field Services $ 34,516,822 $ 31,568,600 General Administration and Support $ 4,017,783 $ 3,849,628 Total $ 40,350,065 $ 35,443,370 Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 46,619,323 Personal Services $ 35,463,836 Regular Operating Expenses $ 3,998,630 Travel $ 463,187 Motor Vehicle Purchases $ 476,558 Equipment $ 606,640 Computer Charges $ 680,837 Real Estate Rentals $ 2,086,425 Telecommunications $ 1,090,470 Per Diem, Fees and Contracts $ 1,268,740

Page 1546

Evidence Purchased $ 484,000 Capital Outlay $ 0 Total Funds Budgeted $ 46,619,323 State Funds Budgeted $ 46,619,323 Departmental Functional Budgets Total Funds State Funds Administration $ 3,803,372 $ 3,803,372 Investigative $ 24,683,509 $ 24,683,509 Georgia Crime Information Center $ 7,965,488 $ 7,965,488 Forensic Sciences $ 10,166,954 $ 10,166,954 Total $ 46,619,323 $ 46,619,323 Section 15. Office of the Governor. A. Budget Unit: Office of the Governor $ 31,288,257 Personal Services $ 15,321,148 Regular Operating Expenses $ 978,487 Travel $ 273,239 Motor Vehicle Purchases $ 0 Equipment $ 65,776 Computer Charges $ 585,327 Real Estate Rentals $ 1,014,258 Telecommunications $ 458,681 Per Diem, Fees and Contracts $ 4,343,390 Cost of Operations $ 3,432,344 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 4,000,000 Intern Stipends and Travel $ 165,000 Art Grants of State Funds $ 3,850,000 Art Grants of Non-State Funds $ 372,960 Humanities Grant - State Funds $ 150,000 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 290,975 Juvenile Justice Grants $ 1,187,700 Georgia Crime Victims Assistance Program $ 100,000 Grants to Local Systems $ 684,400 Grants - Local EMA $ 1,085,968

Page 1547

Grants - Other $ 0 Grants - Civil Air Patrol $ 60,000 Total Funds Budgeted $ 38,459,653 State Funds Budgeted $ 31,288,257 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 7,637,344 $ 7,637,344 Office of Fair Employment Practices $ 981,413 $ 823,413 Office of Planning and Budget $ 7,690,762 $ 7,590,762 Council for the Arts $ 5,215,130 $ 4,420,782 Office of Consumer Affairs $ 3,251,629 $ 3,251,629 Georgia Information Technology Policy Council $ 342,373 $ 342,373 Criminal Justice Coordinating Council $ 1,361,166 $ 421,847 Children and Youth Coordinating Council $ 1,884,223 $ 531,223 Human Relations Commission $ 313,156 $ 313,156 Professional Standards Commission $ 4,389,399 $ 4,389,399 Georgia Emergency Management Agency $ 5,009,163 $ 1,182,434 Office of State Olympic Coordination $ 94,895 $ 94,895 Governor's Commission for the Privatization of Government Services $ 200,000 $ 200,000 Vocational Education Advisory Council $ 89,000 $ 89,000 Total $ 38,459,653 $ 31,288,257

Page 1548

Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations $ 703,602,629 1. General Administration and Support Budget: Personal Services $ 51,827,306 Regular Operating Expenses $ 2,159,717 Travel $ 1,344,087 Motor Vehicle Purchases $ 1,647,558 Equipment $ 91,675 Real Estate Rentals $ 4,826,668 Per Diem, Fees and Contracts $ 5,890,526 Computer Charges $ 1,282,446 Telecommunications $ 734,722 Special Purpose Contracts $ 284,000 Service Benefits for Children $ 46,486,389 Purchase of Service Contracts $ 36,266,342 Institutional Repairs and Maintenance $ 73,440 Postage $ 997,780 Payments to DMA-Community Care $ 16,626,037 Total Funds Budgeted $ 170,538,703 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 105,744,418 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 5,723,033 $ 5,723,033 Budget Administration $ 2,153,019 $ 2,153,019 Office of Children and Youth $ 46,498,389 $ 33,347,726 Administrative Support Services $ 20,166,502 $ 18,523,348 Facilities Management $ 5,480,691 $ 4,226,695 Regulatory Services - Program Direction and Support $ 877,102 $ 867,102 Child Care Licensing $ 3,198,523 $ 3,198,523 Health Care Facilities Regulation $ 9,960,897 $ 4,226,414 Fraud and Abuse $ 6,297,278 $ 2,322,749

Page 1549

Financial Services $ 6,178,684 $ 5,978,684 Auditing Services $ 1,845,416 $ 1,845,416 Personnel Administration $ 1,792,905 $ 1,792,905 Indirect Cost $ 0 $ (8,505,487) Public Affairs $ 485,785 $ 485,785 Aging Services $ 56,480,871 $ 27,891,704 State Health Planning Agency $ 1,695,639 $ 1,615,639 DD Council $ 1,703,969 $ 51,163 Total $ 170,538,703 $ 105,744,418 2. Public Health Budget: Personal Services $ 54,525,860 Regular Operating Expenses $ 75,544,729 Travel $ 984,162 Motor Vehicle Purchases $ 0 Equipment $ 501,177 Real Estate Rentals $ 1,483,527 Per Diem, Fees and Contracts $ 4,182,623 Computer Charges $ 1,646,431 Telecommunications $ 1,260,661 Special Purpose Contracts $ 580,732 Purchase of Service Contracts $ 12,233,236 Grant-In-Aid to Counties $ 127,749,995 Institutional Repairs and Maintenance $ 34,500 Postage $ 125,529 Medical Benefits $ 4,462,872 Total Funds Budgeted $ 285,316,034 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 155,470,170 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,912,404 $ 12,782,729 Newborn Follow-Up Care $ 1,432,305 $ 1,253,109 Oral Health $ 1,526,075 $ 1,203,900

Page 1550

Stroke and Heart Attack Prevention $ 2,303,231 $ 1,232,272 Sickle Cell, Vision and Hearing $ 4,221,570 $ 3,806,565 High-Risk Pregnant Women and Infants $ 5,289,085 $ 5,177,085 Sexually Transmitted Diseases $ 2,246,391 $ 310,937 Family Planning $ 10,622,208 $ 5,755,192 Women, Infants and Children Nutrition $ 83,023,436 $ 0 Grant in Aid to Counties $ 66,560,208 $ 65,575,072 Children's Medical Services $ 13,247,822 $ 5,925,874 Emergency Health $ 3,240,976 $ 1,927,794 Primary Health Care $ 1,921,994 $ 1,774,413 Epidemiology $ 493,806 $ 341,024 Immunization $ 1,009,244 $ 0 Community Tuberculosis Control $ 6,160,873 $ 4,663,907 Family Health Management $ 1,143,640 $ 824,068 Infant and Child Health $ 1,189,590 $ 490,778 Maternal Health - Perinatal $ 2,455,855 $ 937,945 Chronic Disease $ 474,068 $ 474,068 Diabetes $ 556,495 $ 556,495 Cancer Control $ 4,799,455 $ 4,799,455 Director's Office $ 1,248,503 $ 1,051,278 Injury Control $ 419,838 $ 216,973 Health Program Management $ 1,862,931 $ 1,862,931 Vital Records $ 1,956,452 $ 1,718,713 Health Services Research $ 2,751,587 $ 2,528,769

Page 1551

Environmental Health $ 887,072 $ 697,999 Laboratory Services $ 6,321,774 $ 6,051,774 Community Care $ 4,286,886 $ 1,611,282 Community Health Management $ 136,214 $ 136,214 AIDS $ 9,856,546 $ 5,107,508 Vaccines $ 9,215,767 $ 745,341 Drug and Clinic Supplies $ 3,250,000 $ 2,493,380 Adolescent Health $ 3,259,555 $ 2,135,951 Public Health - Planning Councils $ 174,591 $ 157,094 Early Intervention $ 12,857,587 $ 10,677,999 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 285,316,034 $ 155,470,170 3. Rehabilitation Services Budget: Personal Services $ 78,176,074 Regular Operating Expenses $ 12,526,958 Travel $ 1,218,988 Motor Vehicle Purchases $ 83,000 Equipment $ 743,880 Real Estate Rentals $ 4,816,685 Per Diem, Fees and Contracts $ 7,939,678 Computer Charges $ 2,457,974 Telecommunications $ 1,697,134 Case Services $ 25,722,363 E.S.R.P. Case Services $ 0 Special Purpose Contracts $ 705,245 Purchase of Services Contracts $ 11,323,436 Institutional Repairs and Maintenance $ 215,000 Utilities $ 937,269 Postage $ 817,786 Total Funds Budgeted $ 149,381,470 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 23,764,351

Page 1552

Departmental Functional Budgets Total Funds State Funds District Field Services $ 50,225,296 $ 9,902,922 Independent Living $ 919,558 $ 607,201 Sheltered Employment $ 1,752,185 $ 790,266 Community Facilities $ 10,185,560 $ 3,630,710 State Rehabilitation Facilities $ 7,074,449 $ 1,153,558 Diversified Industries of Georgia $ 809,166 $ 0 Program Direction and Support $ 4,449,032 $ 1,375,106 Grants Management $ 714,540 $ 714,540 Disability Adjudication $ 35,629,124 $ 0 Georgia Factory for Blind $ 12,614,904 $ 900,703 Roosevelt Warm Springs Institute $ 25,007,656 $ 4,689,345 Total $ 149,381,470 $ 23,764,351 4. Family and Children Services Budget: Personal Services $ 47,464,566 Regular Operating Expenses $ 4,742,042 Travel $ 967,632 Motor Vehicle Purchases $ 0 Equipment $ 400,080 Real Estate Rentals $ 3,519,841 Per Diem, Fees and Contracts $ 19,572,831 Computer Charges $ 29,591,929 Telecommunications $ 9,656,881 Children's Trust Fund $ 2,211,103 Cash Benefits $ 413,875,732 Special Purpose Contracts $ 5,272,883 Service Benefits for Children $ 217,877,671 Purchase of Service Contracts $ 14,986,256 Postage $ 4,425,956 Grants to County DFACS - Operations $ 295,896,802 Total Funds Budgeted $ 1,070,462,205

Page 1553

Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 418,623,690 Departmental Functional Budgets Total Funds State Funds Director's Office $ 383,413 $ 383,413 Social Services $ 4,497,072 $ 3,969,969 Administrative Support $ 6,322,234 $ 5,251,960 Quality Assurance $ 4,048,422 $ 4,048,422 Community Services $ 11,716,524 $ 480,299 Field Management $ 920,036 $ 920,036 Human Resources Management $ 3,364,632 $ 2,472,615 Public Assistance $ 30,943,716 $ 13,263,776 Employment Services $ 1,640,152 $ 1,640,152 Child Support Recovery $ 66,523,060 $ 5,226,150 AFDC Payments $ 402,036,612 $ 154,222,350 SSI - Supplemental Benefits $ 100 $ 100 Refugee Programs $ 2,799,420 $ 0 Energy Benefits $ 9,893,600 $ 0 County DFACS Operations - Eligibility $ 113,143,816 $ 56,605,568 County DFACS Operations - Social Services $ 92,093,148 $ 33,032,412 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS Operations - Homemakers Services $ 8,435,211 $ 2,586,800 County DFACS Operations - Joint and Administration $ 62,945,236 $ 32,021,872 County DFACS Operations - Employability Program $ 19,279,391 $ 8,017,486

Page 1554

Employability Benefits $ 26,830,224 $ 11,206,449 Legal Services $ 3,190,503 $ 2,420,990 Family Foster Care $ 32,960,883 $ 18,405,691 Institutional Foster Care $ 10,757,999 $ 7,283,205 Specialized Foster Care $ 5,845,856 $ 4,248,383 Adoption Supplement $ 12,468,472 $ 9,374,838 Prevention of Foster Care $ 11,544,785 $ 7,408,642 Day Care $ 118,285,892 $ 38,486,937 Outreach - Contracts $ 0 $ 0 Special Projects $ 2,189,941 $ 2,165,709 Children's Trust Fund $ 2,211,103 $ 2,211,103 Indirect Cost $ 0 $ (8,731,637) Total $ 1,070,462,205 $ 418,623,690 Budget Unit Object Classes: Personal Services $ 231,993,806 Regular Operating Expenses $ 94,973,446 Travel $ 4,514,869 Motor Vehicle Purchases $ 1,730,558 Equipment $ 1,736,812 Real Estate Rentals $ 14,646,721 Per Diem, Fees and Contracts $ 37,585,658 Computer Charges $ 34,978,780 Telecommunications $ 13,349,408 Case Services $ 25,722,363 Children's Trust Fund $ 2,211,103 Cash Benefits $ 413,875,732 Special Purpose Contracts $ 6,842,860 Service Benefits for Children $ 264,364,060 Purchase of Service Contracts $ 74,809,270 Grant-In-Aid to Counties $ 127,749,995 Institutional Repairs and Maintenance $ 322,940 Utilities $ 937,269 Postage $ 6,367,051 Payments to DMA-Community Care $ 16,626,037 Grants to County DFACS - Operations $ 295,896,802 Medical Benefits $ 4,462,872

Page 1555

B. Budget Unit: Community Mental Health/Mental Retardation and Institutions $ 510,059,039 Personal Services $ 361,024,936 Operating Expenses $ 57,904,598 Motor Vehicle Equipment Purchases $ 769,533 Utilities $ 11,595,417 Major Maintenance and Construction $ 2,127,790 Community Services $ 273,179,392 Total Funds Budgeted $ 706,601,666 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 510,059,039 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 41,113,165 $ 26,550,099 Brook Run $ 31,697,562 $ 14,859,448 Georgia Mental Health Institute $ 24,418,273 $ 22,500,471 Georgia Regional Hospital at Augusta $ 22,559,920 $ 20,673,028 Northwest Regional Hospital at Rome $ 28,878,781 $ 22,006,682 Georgia Regional Hospital at Atlanta $ 30,019,769 $ 25,464,778 Central State Hospital $ 135,385,724 $ 88,884,752 Georgia Regional Hospital at Savannah $ 20,584,213 $ 18,902,892 Gracewood State School and Hospital $ 53,750,312 $ 24,426,776 West Central Regional Hospital $ 20,408,161 $ 17,621,922 Outdoor Therapeutic Programs $ 3,995,292 $ 3,086,357 Metro Drug Abuse Centers $ 1,717,088 $ 1,521,588 Community Mental Health Services $ 118,725,917 $ 112,506,177

Page 1556

Community Mental Retardation Services $ 104,163,673 $ 67,848,342 Community Substance Abuse Services $ 54,113,451 $ 31,587,611 State Administration $ 10,458,385 $ 7,153,784 Regional Administration $ 4,611,980 $ 4,464,332 Total $ 706,601,666 $ 510,059,039 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 20,841,481 Personal Services $ 9,726,714 Regular Operating Expenses $ 1,623,319 Travel $ 347,500 Motor Vehicle Purchases $ 31,100 Equipment $ 100,375 Computer Charges $ 142,000 Real Estate Rentals $ 999,191 Telecommunications $ 323,058 Per Diem, Fees and Contracts $ 1,137,360 Local Welcome Center Contracts $ 191,600 Marketing $ 5,800,264 Georgia Ports Authority Lease Rentals $ 625,000 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 21,097,481 State Funds Budgeted $ 20,841,481 Departmental Functional Budgets Total Funds State Funds Administration $ 9,417,192 $ 9,417,192 Economic Development $ 4,610,936 $ 4,510,936 Trade $ 1,649,720 $ 1,649,720 Tourism $ 5,419,633 $ 5,263,633 Total $ 21,097,481 $ 20,841,481

Page 1557

Section 18. Department of Insurance. Budget Unit: Department of Insurance $ 15,205,413 Personal Services $ 13,594,230 Regular Operating Expenses $ 723,314 Travel $ 379,754 Motor Vehicle Purchases $ 86,733 Equipment $ 59,129 Computer Charges $ 448,235 Real Estate Rentals $ 804,047 Telecommunications $ 275,334 Per Diem, Fees and Contracts $ 141,292 Health Care Utilization Review $ 0 Total Funds Budgeted $ 16,512,068 State Funds Budgeted $ 15,205,413 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,448,673 $ 4,448,673 Insurance Regulation $ 6,615,343 $ 6,615,343 Industrial Loans Regulation $ 517,776 $ 517,776 Fire Safety and Mobile Home Regulations $ 4,930,276 $ 3,623,621 Total $ 16,512,068 $ 15,205,413 Section 19. Department of Labor. Budget Unit: Department of Labor $ 9,628,869 Personal Services $ 70,226,432 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 $ 1,960,798 Telecommunications $ 1,419,406 Per Diem, Fees and Contracts (JTPA) $ 60,500,000 Per Diem, Fees and Contracts $ 3,161,030 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 0 Total Funds Budgeted $ 155,808,877 State Funds Budgeted $ 9,628,869

Page 1558

Departmental Functional Budgets Total Funds State Funds Executive Offices/Administrative Services $ 29,280,013 $ 7,768,177 Employment and Training Services $ 126,528,864 $ 1,860,692 Total $ 155,808,877 $ 9,628,869 Section 20. Department of Law. Budget Unit: Department of Law $ 12,521,718 Personal Services $ 11,221,772 Regular Operating Expenses $ 638,449 Travel $ 129,322 Motor Vehicle Purchases $ 0 Equipment $ 31,350 Computer Charges $ 360,793 Real Estate Rentals $ 698,548 Telecommunications $ 140,424 Per Diem, Fees and Contracts $ 60,000 Books for State Library $ 147,000 Total Funds Budgeted $ 13,427,658 State Funds Budgeted $ 12,521,718 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 1,162,913,186 Personal Services $ 15,544,436 Regular Operating Expenses $ 5,994,250 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 39,500 Computer Charges $ 26,169,000 Real Estate Rentals $ 765,380 Telecommunications $ 425,000 Per Diem, Fees and Contracts $ 100,620,859 Medicaid Benefits, Penalties and Disallowances $ 3,204,220,602 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,354,739,927 State Funds Budgeted $ 1,162,913,186

Page 1559

Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,636,825 $ 818,413 Benefits, Penalties and Disallowances $ 3,204,220,602 $ 1,118,526,507 Long Term Care $ 1,625,453 $ 680,530 Systems Management $ 33,705,941 $ 10,695,591 Professional Services $ 2,469,349 $ 1,051,609 Maternal and Child Health $ 1,302,697 $ 527,225 Reimbursement Services $ 8,809,009 $ 3,671,701 General Administration $ 91,399,022 $ 22,200,886 Managed Care $ 4,034,252 $ 1,972,336 Legal and Regulatory $ 5,536,777 $ 2,768,388 Total $ 3,354,739,927 $ 1,162,913,186 B. Budget Unit: Indigent Trust Fund $ 148,828,880 Per Diem, Fees and Contracts $ 8,200,000 Benefits $ 376,800,000 Total Funds Budgeted $ 385,000,000 State Funds Budgeted $ 148,828,880 Section 22. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 8,806,316 Regular Operating Expenses $ 1,815,695 Travel $ 93,500 Equipment $ 27,787 Real Estate Rents $ 863,078 Per Diem, Fees and Contracts $ 172,478,321 Computer Charges $ 3,404,105 Telecommunications $ 450,146 Health Insurance Payments $ 911,827,186 Total Funds Budgeted $ 1,099,766,134 Other Agency Funds $ 152,001

Page 1560

Agency Assessments $ 11,927,339 Employee and Employer Contributions $ 1,087,461,889 Deferred Compensation $ 224,905 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 2,858,888 $ 0 Applicant Services $ 2,634,656 $ 0 Classification and Compensation $ 1,602,242 $ 0 Flexible Benefits $ 1,250,694 $ 0 Employee Training and Development $ 1,256,551 $ 0 Health Insurance Administration $ 1,086,460,247 $ 0 Accounting and Audits $ 1,089,437 $ 0 Administration and Systems $ 2,613,419 $ 0 Total $ 1,099,766,134 $ 0 Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 97,790,864 Personal Services $ 74,842,887 Regular Operating Expenses $ 15,068,303 Travel $ 543,147 Motor Vehicle Purchases $ 2,087,217 Equipment $ 2,455,943 Real Estate Rentals $ 2,317,656 Per Diem, Fees and Contracts $ 3,456,651 Computer Charges $ 886,332 Telecommunications $ 1,293,265 Authority Lease Rentals $ 20,915 Advertising and Promotion $ 575,000 Cost of Material for Resale $ 2,878,663 Capital Outlay: New Construction $ 818,810 Repairs and Maintenance $ 2,907,140 Land Acquisition Support $ 213,750

Page 1561

Wildlife Management Area Land Acquisition $ 754,174 Shop Stock - Parks $ 350,000 User Fee Enhancements $ 1,300,000 Buoy Maintenance $ 26,250 Waterfowl Habitat $ 0 Paving at State Parks and Historic Sites $ 500,000 Grants: Land and Water Conservation $ 800,000 Georgia Heritage 2000 Grants $ 256,500 Recreation $ 800,000 Chattahoochee River Basin Grants $ 2,700,000 Contracts: Paralympic Games $ 895,000 Technical Assistance Contract $ 101,213 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia State Games Commission $ 202,448 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 $ 10,280,472 Solid Waste Trust Fund $ 6,792,756 Payments to Georgia Agricultural Exposition Authority $ 2,330,914 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 6,650 Total Funds Budgeted $ 139,063,103 Receipts from Jekyll Island State Park Authority $ 888,943 Receipts from Stone Mountain Memorial Association $ 3,811,965 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,424,501 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 97,790,864 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,610,512 $ 4,610,512 Program Support $ 2,724,293 $ 2,724,293

Page 1562

Historic Preservation $ 2,257,676 $ 1,767,676 Parks, Recreation and Historic Sites $ 42,788,158 $ 16,835,241 Coastal Resources $ 2,347,054 $ 2,222,336 Wildlife Resources $ 35,824,919 $ 30,905,498 Environmental Protection $ 47,405,709 $ 37,620,526 Pollution Prevention Program $ 1,104,782 $ 1,104,782 Total $ 139,063,103 $ 97,790,864 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 2,331,190 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 $ 4,921,827 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 4,921,827 $ 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 101,367,574 1. Operations Budget: Personal Services $ 61,440,577 Regular Operating Expenses $ 7,676,813 Travel $ 104,095 Motor Vehicle Purchases $ 3,750,000 Equipment $ 542,054 Computer Charges $ 3,701,067

Page 1563

Real Estate Rentals $ 28,962 Telecommunications $ 1,680,294 Per Diem, Fees and Contracts $ 1,285,050 State Patrol Posts Repairs and Maintenance $ 145,100 Capital Outlay $ 0 Conviction Reports $ 303,651 Total Funds Budgeted $ 80,657,663 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 79,007,663 2. Driver Services Budget: Personal Services $ 18,162,449 Regular Operating Expenses $ 1,232,457 Travel $ 57,181 Motor Vehicle Purchases $ 157,500 Equipment $ 69,800 Computer Charges $ 0 Real Estate Rentals $ 47,262 Telecommunications $ 633,853 Per Diem, Fees and Contracts $ 41,500 Capital Outlay $ 0 Conviction Reports $ 0 State Patrol Posts Repairs and Maintenance $ 34,900 Driver License Processing $ 1,923,009 Total Funds Budgeted $ 22,359,911 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 22,359,911 Departmental Functional Budgets Total Funds State Funds Administration $ 22,497,017 $ 20,997,017 Driver Services $ 22,359,911 $ 22,359,911 Field Operations $ 58,160,646 $ 58,010,646 Total $ 103,017,574 $ 101,367,574 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,295,649 Attached Units Budget: Personal Services $ 7,838,383 Regular Operating Expenses $ 2,535,831 Travel $ 101,300

Page 1564

Motor Vehicle Purchases $ 29,443 Equipment $ 204,322 Computer Charges $ 163,762 Real Estate Rentals $ 166,997 Telecommunications $ 166,746 Per Diem, Fees and Contracts $ 565,522 Highway Safety Grants $ 2,425,200 Peace Officers Training Grants $ 3,972,660 Capital Outlay $ 0 Total Funds Budgeted $ 18,170,166 State Funds Budgeted $ 14,295,649 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,055,003 $ 330,486 Georgia Peace Officers Standards and Training $ 5,418,406 $ 5,418,406 Police Academy $ 1,167,534 $ 1,077,534 Fire Academy $ 1,189,356 $ 1,079,356 Georgia Firefighters Standards and Training Council $ 470,299 $ 470,299 Georgia Public Safety Training Facility $ 6,869,568 $ 5,919,568 Total $ 18,170,166 $ 14,295,649 Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 14,212,500 Payments to Employees' Retirement System $ 575,000 Employer Contributions $ 13,637,500 Total Funds Budgeted $ 14,212,500 State Funds Budgeted $ 14,212,500 Section 26. Public Service Commission. Budget Unit: Public Service Commission $ 8,487,316 Personal Services $ 7,211,209 Regular Operating Expenses $ 586,616

Page 1565

Travel $ 225,530 Motor Vehicle Purchases $ 18,000 Equipment $ 24,970 Computer Charges $ 443,424 Real Estate Rentals $ 311,408 Telecommunications $ 149,589 Per Diem, Fees and Contracts $ 1,565,273 Total Funds Budgeted $ 10,536,019 State Funds Budgeted $ 8,487,316 Departmental Functional Budgets Total Funds State Funds Administration $ 1,912,568 $ 1,912,568 Transportation $ 3,556,979 $ 1,716,480 Utilities $ 5,066,472 $ 4,858,268 Total $ 10,536,019 $ 8,487,316 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 1,163,028,475 Personal Services: Educ., Gen., and Dept. Svcs $ 1,241,429,484 Sponsored Operations $ 204,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 295,648,162 Sponsored Operations $ 146,000,000 Special Funding Initiative $ 20,352,506 Office of Minority Business Enterprise $ 1,276,046 Student Education Enrichment Program $ 359,714 Forestry Research $ 388,344 Research Consortium $ 6,645,000 Capital Outlay $ 0 Total Funds Budgeted $ 1,916,099,256 Departmental Income $ 42,000,000 Sponsored Income $ 350,000,000 Other Funds $ 358,043,481 Indirect DOAS Services Funding $ 3,027,300 State Funds Budgeted $ 1,163,028,475

Page 1566

B. Budget Unit: Regents Central Office and Other Organized Activities $ 174,879,707 Personal Services: Educ., Gen., and Dept. Svcs $ 274,341,856 Sponsored Operations $ 69,874,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 127,194,177 Sponsored Operations $ 38,184,000 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,397,136 Advanced Technology Development Center $ 2,062,129 Capitation Contracts for Family Practice Residency $ 3,864,204 Residency Capitation Grants $ 2,119,378 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 7,000,000 Morehouse School of Medicine Grant $ 5,868,890 Capital Outlay $ 0 Center for Rehabilitation Technology $ 2,505,183 SREB Payments $ 4,426,900 Medical Scholarships $ 1,357,718 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 1,122,866 CRT Inc. Contract at Georgia Tech Research Institute $ 208,403 Area Health Education Centers $ 425,000 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 14,829,577 Total Funds Budgeted $ 558,727,817 Departmental Income $ 0 Sponsored Income $ 109,767,000 Other Funds $ 273,525,410 Indirect DOAS Services Funding $ 555,700 State Funds Budgeted $ 174,879,707 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 1,989,517 $ 1,359,434 Skidaway Institute of Oceanography $ 3,933,780 $ 1,519,510

Page 1567

Marine Institute $ 1,376,989 $ 976,989 Georgia Tech Research Institute $ 117,578,655 $ 13,348,554 Education Extension Services $ 11,038,929 $ 2,617,757 Agricultural Experiment Station $ 58,790,970 $ 38,202,317 Cooperative Extension Service $ 49,210,724 $ 31,398,407 Medical College of Georgia Hospital and Clinics $ 253,861,493 $ 32,956,551 Veterinary Medicine Experiment Station $ 2,887,931 $ 2,887,931 Veterinary Medicine Teaching Hospital $ 2,827,763 $ 527,752 Joint Board of Family Practice $ 24,236,155 $ 24,236,155 Georgia Radiation Therapy Center $ 3,044,746 $ 0 Athens and Tifton Veterinary Laboratories $ 3,128,504 $ 128,504 Regents Central Office $ 24,821,661 $ 24,719,846 Total $ 558,727,817 $ 174,879,707 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 9,387,861 Operating Expenses $ 14,325,274 Total Funds Budgeted $ 23,713,135 Other Funds $ 23,713,135 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 50,254,000 Equipment, Technology and Construction Trust Fund $ 16,400,000 Chehaw Education Center $ 2,000,000 Georgia Public Telecommunications Commission $ 1,500,000 Georgia Research Alliance $ 20,254,000

Page 1568

Special Funding Initiatives $ 10,100,000 Total Funds Budgeted $ 50,254,000 Lottery Funds Budgeted $ 50,254,000 Section 28. Department of Revenue. Budget Unit: Department of Revenue $ 91,872,904 Personal Services $ 57,970,695 Regular Operating Expenses $ 5,399,457 Travel $ 1,366,540 Motor Vehicle Purchases $ 251,386 Equipment $ 421,189 Computer Charges $ 14,870,790 Real Estate Rentals $ 2,855,447 Telecommunications $ 3,267,510 Per Diem, Fees and Contracts $ 1,106,300 County Tax Officials/Retirement and FICA $ 3,422,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,404,350 Postage $ 3,721,810 Total Funds Budgeted $ 97,058,269 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 91,872,904 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 7,000,705 $ 7,000,705 Internal Administration $ 10,984,002 $ 10,834,002 Electronic Data Processing $ 12,588,514 $ 11,573,314 Field Services $ 18,872,921 $ 18,572,921 Income Tax Unit $ 8,087,629 $ 7,447,629 Motor Vehicle Unit $ 17,820,260 $ 16,520,260 Central Audit Unit $ 7,901,991 $ 7,901,991 Property Tax Unit $ 5,076,439 $ 3,536,074 Sales Tax Unit $ 4,200,990 $ 3,961,190 State Board of Equalization $ 43,700 $ 43,700

Page 1569

Taxpayer Accounting $ 4,481,118 $ 4,481,118 Total $ 97,058,269 $ 91,872,904 Section 29. Secretary of State. A. Budget Unit: Secretary of State $ 28,561,127 Personal Services $ 17,954,645 Regular Operating Expenses $ 3,416,671 Travel $ 242,000 Motor Vehicle Purchases $ 87,050 Equipment $ 119,190 Computer Charges $ 2,621,110 Real Estate Rentals $ 2,462,246 Telecommunications $ 939,859 Per Diem, Fees and Contracts $ 1,278,356 Election Expenses $ 485,000 Total Funds Budgeted $ 29,606,127 State Funds Budgeted $ 28,561,127 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,840,529 $ 3,810,529 Archives and Records $ 4,695,394 $ 4,620,394 Business Services and Regulation $ 4,748,087 $ 3,978,087 Elections and Campaign Disclosure $ 4,333,544 $ 4,313,544 Drugs and Narcotics $ 1,128,044 $ 1,128,044 State Ethics Commission $ 382,676 $ 382,676 State Examining Boards $ 10,381,600 $ 10,231,600 Holocaust Commission $ 96,253 $ 96,253 Total $ 29,606,127 $ 28,561,127 B. Budget Unit: Real Estate Commission $ 2,185,821 Personal Services $ 1,302,862 Regular Operating Expenses $ 157,100 Travel $ 15,000 Motor Vehicle Purchases $ 23,000

Page 1570

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 $ 2,185,821 State Funds Budgeted $ 2,185,821 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,185,821 $ 2,225,821 Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 2,122,473 Personal Services $ 1,150,400 Regular Operating Expenses $ 209,454 Travel $ 43,268 Motor Vehicle Purchases $ 25,322 Equipment $ 10,970 Computer Charges $ 12,045 Real Estate Rentals $ 91,563 Telecommunications $ 20,773 Per Diem, Fees and Contracts $ 797,015 County Conservation Grants $ 297,000 Total Funds Budgeted $ 2,657,810 State Funds Budgeted $ 2,122,473 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission $ 32,732,855 Personal Services $ 4,865,833 Regular Operating Expenses $ 597,250 Travel $ 81,800 Motor Vehicle Purchases $ 0 Equipment $ 16,500 Computer Charges $ 219,180 Real Estate Rentals $ 45,600 Telecommunications $ 234,275 Per Diem, Fees and Contracts $ 42,757 Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,076,000 Tuition Equalization Grants $ 25,452,487

Page 1571

Student Incentive Grants $ 2,216,321 Law Enforcement Personnel Dependents' Grants $ 64,000 North Georgia College ROTC Grants $ 321,875 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 730,000 Paul Douglas Teacher Scholarship Loans $ 0 Total Funds Budgeted $ 39,063,878 State Funds Budgeted $ 32,732,855 Department Functional Budgets Total Funds State Funds Internal Administration $ 5,547,664 $ 0 Higher Education Assistance Corporation $ 0 $ 0 Georgia Student Finance Authority $ 32,960,683 $ 32,177,324 Georgia Nonpublic Postsecondary Education Commission $ 555,531 $ 555,531 Total $ 39,063,878 $ 32,732,855 B. Budget Unit: Lottery for Education $ 159,413,161 HOPE Financial Aid - Tuition $ 79,274,984 HOPE Financial Aid - Books $ 21,277,807 HOPE Financial Aid - Fees $ 14,498,583 Tuition Equalization Grants $ 34,620,387 Georgia Military College Scholarship $ 567,000 LEPD Scholarship $ 235,600 Teacher Scholarships $ 10,000,000 Promise Scholarships $ 3,000,000 Total Funds Budgeted $ 159,413,161 Lottery Funds Budgeted $ 159,413,161 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,130,000 Personal Services $ 4,358,505 Regular Operating Expenses $ 423,500 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 8,150

Page 1572

Computer Charges $ 877,791 Real Estate Rentals $ 469,750 Telecommunications $ 146,000 Per Diem, Fees and Contracts $ 371,000 Retirement System Members $ 3,750,000 Floor Fund for Local Retirement Systems $ 380,000 Total Funds Budgeted $ 10,805,196 State Funds Budgeted $ 4,130,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 179,665,159 Personal Services $ 4,245,834 Regular Operating Expenses $ 409,948 Travel $ 142,500 Motor Vehicle Purchases $ 0 Equipment $ 33,544 Computer Charges $ 740,554 Real Estate Rentals $ 379,524 Telecommunications $ 107,099 Per Diem, Fees and Contracts $ 692,530 Personal Services-Institutions $ 139,494,113 Operating Expenses-Institutions $ 35,914,741 Capital Outlay $ 0 Quick Start Program $ 8,213,630 Area School Program $ 19,950,378 Regents Program $ 3,390,682 Adult Literacy Grants $ 18,778,860 Total Funds Budgeted $ 232,493,937 State Funds Budgeted $ 179,665,159 Departmental Functional Budgets Total Funds State Funds Administration $ 6,751,533 $ 4,681,547 Institutional Programs $ 225,742,404 $ 174,983,612 Total $ 232,493,937 $ 179,665,159 B. Budget Unit: Lottery for Education $ 53,313,349 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,000,000 Capital Outlay - Technical Institute Satellite Facilities $ 25,663,349

Page 1573

Equipment-Technical Institutes $ 21,355,000 Repairs and Renovations - Technical Institutes $ 5,295,000 Total Funds Budgeted $ 53,313,349 Lottery Funds Budgeted $ 53,313,349 Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 542,896,193 Personal Services $ 254,073,176 Regular Operating Expenses $ 57,020,469 Travel $ 1,970,840 Motor Vehicle Purchases $ 2,000,000 Equipment $ 6,377,626 Computer Charges $ 3,929,287 Real Estate Rentals $ 1,337,073 Telecommunications $ 2,743,320 Per Diem, Fees and Contracts $ 41,559,264 Capital Outlay $ 780,007,661 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,024,100 Capital Outlay - Airport Development $ 1,267,500 Mass Transit Grants $ 9,933,053 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 700,000 Contracts with the Georgia Rail Passenger Authority $ 400,000 Total Funds Budgeted $ 1,164,343,369 State Funds Budgeted $ 542,896,193 Departmental Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 866,381,838 $ 267,321,604 Maintenance and Betterments $ 241,935,601 $ 230,011,616 Facilities and Equipment $ 14,076,201 $ 13,516,201 Administration $ 24,775,579 $ 24,150,579 Total $ 1,147,169,219 $ 535,000,000

Page 1574

General Funds Budget Planning and Construction $ 0 $ 0 Air Transportation $ 2,003,250 $ 1,616,250 Inter-Modal Transfer Facilities $ 14,470,900 $ 5,579,943 Harbor/Intra-Coastal Waterways Activities $ 700,000 $ 700,000 Total $ 17,174,150 $ 7,896,193 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 21,567,780 Personal Services $ 5,099,436 Regular Operating Expenses $ 147,282 Travel $ 80,629 Motor Vehicle Purchases $ 0 Equipment $ 114,855 Computer Charges $ 10,881 Real Estate Rentals $ 248,700 Telecommunications $ 62,200 Per Diem, Fees and Contracts $ 7,078,093 Operating Expense/Payments to Central State Hospital $ 8,187,345 Operating Expense/Payments to Medical College of Georgia $ 7,595,980 Regular Operating Expenses for Projects and Insurance $ 649,947 Total Funds Budgeted $ 29,275,348 State Funds Budgeted $ 21,567,780 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 12,747,576 $ 12,476,076 Veterans Home and Nursing Facility - Milledgeville $ 8,528,945 $ 3,429,071 Veterans Nursing Home-Augusta $ 7,998,827 $ 5,662,633 Total $ 29,275,348 $ 21,567,780

Page 1575

Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 10,702,701 Personal Services $ 8,666,608 Regular Operating Expenses $ 372,074 Travel $ 76,840 Motor Vehicle Purchases $ 0 Equipment $ 17,252 Computer Charges $ 247,479 Real Estate Rentals $ 1,079,835 Telecommunications $ 207,613 Per Diem, Fees and Contracts $ 225,000 Payments to State Treasury $ 0 Total Funds Budgeted $ 10,892,701 State Funds Budgeted $ 10,702,701 Section 37. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $ 373,438,501 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 408,438,501 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 6,136,450 Motor Fuel Tax Funds (New) $ 0 $ 6,136,450 Section 38. 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'

Page 1576

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 39. Provisions Relative to Section 4, Department of Administrative Services. It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. Provisions Relative to Section 8, 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: Recipient Purpose Amount Clayton County Recreational Equipment in Clayton County $ 25,000 DeKalb County Operation of `Hot Zone Policing' $ 10,000 Appling County Expenses Related to Capital Murder Trials $ 25,000

Page 1577

City of Ashburn Construction of Sports Facilities $ 25,000 Cobb County Preservation of the Hardy Pace House $ 20,000 Athens/Clarke County Operating Funds for the Safe Campus Now Program $ 40,000 Bibb County Operation of the Bibb County Community Action Agency $ 5,000 Haralson County Equip/Operate Haralson County Recreational Facilities $ 15,000 City of Atlanta Renovate and Equip the Jerico Road Project in Atlanta $ 30,000 City of Atlanta Renovations to a Health Clinic $ 40,000 City of Augusta Land Purchase at Historical Ezekiel Harris House $ 50,000 Bacon County Renovate and Equip the Historic Courthouse $ 25,000 City of Barnesville Extension of Water Lines $ 12,500 City of Augusta Operation of the Augusta Task Force for the Homeless $ 15,000 Berrien County Construction of Lecture Hall $ 50,000 Brantley County Purchase Fire and Rescue Equipment $ 15,000 Brooks County Repairs and Additions to Brooks County Livestock Arena $ 50,000 City of Broxton Renovation to the Fire Department and Community Center $ 10,000

Page 1578

Butts County Equipment and Lighting at Recreational Fields $ 25,000 City of Byromville Upgrade Water Mains $ 20,000 City of Calhoun Renovation and Restoration of Historic Railroad Depot $ 25,000 City of Camilla Renovations and Repairs to Facilities $ 35,000 Worth County Construction of a Softball Complex $ 25,000 Candler County Expansion of Visitors Center $ 10,000 City of Centerville Construction of Fire Station $ 50,000 Charlton County Purchase Fire and Rescue Equipment $ 15,000 Chatham County Replant Trees Between Bryanwood and Talahi Island on Route 80 $ 10,000 Clinch County Board of Education Construction of a Multipurpose Building $ 10,000 Clayton County Clayton County Board of Education Prevention Plus Program $ 25,000 City of Cochran Renovations to the Fire Station $ 25,000 Gwinnett County Board of Education Lights and Handicappped Access for the Collins Hill High School Athletic Fields $ 50,000 City of Columbus Operate the Liberty Theatre Cultural Center $ 75,000 City of Columbus Renovations to the Springer Opera House $ 50,000 City of Commerce Renovations to the Civic Center $ 35,000

Page 1579

Crawford County Board of Education Heating and Plumbing System Repairs for Education Gymnasium $ 5,000 City of Columbus Operation of the Columbus Tourism Network $ 25,000 City of Columbus Operation of the Play and Learn Together Program $ 25,000 Crawford County Improvements at the Crawford County Industrial Authority Park $ 50,000 Crisp County Equipment for Crisp County Board of Education Middle School Laboratory $ 25,000 Crisp County Board of Education Lighting for Crisp County High School Softball Field $ 15,000 DeKalb County Training at DeKalb United Child Care Association $ 25,000 City of Fort Oglethorpe Construction of a Historical Museum $ 10,000 City of Franklin Springs Renovations to Sedimentation Pool $ 45,000 Franklin County Design and Construct Franklin County/Hart County Airport $ 5,000 Fulton County Board of Education Classrooms for Fulton County Board of of Education $ 60,000 Fulton County Operation of Center for Renewal of Democracy $ 25,000 City of Garden City Improvements to Gymnasium and Stadium $ 8,000 City of Girard Renovations to Gymnasium $ 7,500 City of Sardis Improvements to City of Sardis $ 7,500

Page 1580

City of Grayson Equipment Furnishings for Community Senior Center $ 25,000 Greene County Purchase and Installation of chain link fence for Greene County Airport $ 40,000 Henry County Board of Education Construction of a Fine Arts Building $ 12,500 Houston County Operation of the Museum of Aviation $ 175,000 Houston County Board of Education Athletic Field Fencing for Houston County High School $ 10,000 Jackson County Erection of Monument $ 2,500 Jasper County Board of Education Renovation of Elementary School Restroom and and Rose Bowl Field $ 40,000 Jeff Davis County Administrative Cost and Legal Fees for Jeff Davis Hospital Authority $ 15,000 Jeff Davis County Renovations of Jeff Davis County Extension Service and Annex and Law Enforcement Center $ 15,000 Jenkins County Asbestos Removal from Jenkins County Development Authority Facility $ 50,000 City of Kite Renovations to Heating System for Community Center $ 4,250 Chatham County Renovation/Restoration of the Beach Institute Building $ 20,000 City of LaGrange Purchase Equipment for City of LaGrange/Troup County Recreation Commission $ 10,000

Page 1581

City of Lake City Improvements to Park and Recreation Facilities $ 20,000 Lamar County Plan/Construct Livestock Pavillion and Arena $ 12,500 Lanier County Board of Education Renovations and Heating, Ventilation and Air Conditioning Addition for Facility $ 10,000 Long County Purchase of Patrol Car $ 18,000 City of Lincolnton Correction to Flood Control Problem $ 12,000 City of Lula Renovations to Old City Hall Building $ 20,000 City of Gainesville Operation of a Gainesville Community Facility $ 10,000 Lumpkin County Construction of Animal Shelter $ 10,000 City of Lyerly Upgrade Water System $ 30,000 Macon County Purchase Equipment for Macon County Local Emergency Planning Commission $ 10,500 Madison County Provide for Infrastructure Study of Water and Sewer Systems $ 30,000 Meriwether County Renovate Old Greenville Railroad Depot $ 10,000 Meriwether County Creation of Recreation Department $ 10,000 City of Monroe Renovations to Monroe Area Comprehensive High School Athletic Track $ 15,000 Muscogee County Equipment and Operating Expenses for Columbus Community Center $ 20,000

Page 1582

Muscogee County Operation of Combined Communities of Southeast Columbus $ 20,000 Muscogee County Operation of MEN of Action Mentoring Program $ 10,000 City of Dalton Operating Expenses and Fire Code Renovations at Northwest Georgia Girl's Home $ 40,000 Oconee Regional Library Renovations to Oconee Regional Library Facility $ 25,000 City of Odum To Repair Facilities $ 5,000 City of Screven To Repair Facilities $ 5,000 Oglethorpe County Board of Education Extension of Water Line to New Oglethorpe County Elementary School $ 12,000 City of Milledgeville Restorations to Old Governor's Mansion $ 75,000 Peach County Provide Heating and Air Conditioning System for Peach County Development Authority Facility $ 15,000 Cobb County Board of Education Provide External Security Lighting for Pebblebrook High School $ 30,000 City of Columbus Operating Expenses for BRIDGE Program $ 15,000 Houston County Perry-Houston County Airport Authority Terminal and Hangar Improvements $ 50,000 Pierce County Purchase Fire and Rescue Equipment $ 15,000 Pulaski County Establish a Recreation Facility $ 10,000

Page 1583

Putnam County Repairs and Renovations to Putnam County Recreation Department Gymnasium $ 15,000 Rabun County Renovations of Rabun County Gymnasium $ 75,000 City of Rentz Repairs to Sewer System $ 10,000 City of Savannah Construction of Community Center $ 20,000 Dekalb County Purchase 36-passenger Bus for Senior Connections $ 62,000 Gwinnett County Board of Education Construct Athletic Stadium at Shiloh High School in Gwinnett County $ 25,000 Cobb County Board of Education Repairs and Renovation at South Cobb High School $ 35,000 Gwinnett County Board of Education Recreation Equipment for Suwanee and Lanier High Schools $ 30,000 Emanuel County Construct and Renovate Recreation Complex at Swainsboro/Emanuel County Recreation Authority $ 40,000 Talbot County Board of Education Construct Central High School Greenhouse in Talbot County $ 45,000 Telfair County Production Costs for a Historical Drama $ 5,000 Telfair County Operating Expenses for Sheriff's Office $ 18,000 Towns County Production Costs for Reach of Song Drama $ 20,000 Twiggs County Board of Education Lights and Bleachers for Twiggs County High School Football Field $ 50,000

Page 1584

City of Tybee Island Painting of the Historic Tybee Lighthouse $ 15,000 Lowndes County Board of Education Repairs to Valdosta City School System Facilities $ 15,000 City of Vidalia Create Basketball Area for Recreation Department $ 45,000 Ware County Board of Education Equipment Purchases for Ware County School System $ 6,000 Ware County Promotion Expenses for Waycross-Ware County Chamber Tourist Division $ 5,000 Wayne County Equipment and Renovations to River Park $ 5,000 Wayne County Repairs and Construction to Recreation Facility $ 10,000 City of Waynesboro Acquiring and Renovating Human Development Centers $ 15,000 Webster County Heating and Cooling Equipment for Webster County Agriculture Education Center $ 25,000 City of Willacoochee Construction of a New City Hall $ 30,000 City of Fitzgerald Construction of Airport $ 50,000 Clayton County Shrubbery, Trees and Concrete Pipes and Containers $ 15,000 City of Bowersville Equipment for Repairs to Water System $ 10,000 Gwinnett County Board of Education Improvements to Duluth High School Baseball Field $ 30,000

Page 1585

City of East Dublin Improve City of East Dublin Water System $ 50,000 City of Eastman Recreation Equipment $ 25,000 Echols County Board of Education Enhancements to Echols County Board of Education Campuses $ 6,000 Emanuel County Construction and Renovation at Varner 4-H Center $ 17,500 Fannin County Purchase an Equipped Rescue Vehicle $ 15,000 City of Pelham Improvements to Water and Sewer System $ 35,000 City of Atlanta Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University $ 250,000 City of Tallapoosa Equip/Operate Recreational Facilities $ 15,000 City of Bremen Equip/Operate Recreational Facilities $ 15,000 City of Cave Spring Improvements for Rolator Park $ 40,000 Fulton County Operation of Fulton County Drug Program $ 48,000 Dade County Renovation to Middle School Gymnasium $ 20,000 Fulton County Improvements to Fulton Industrial Boulevard at Fulton County Airport - Brown Field $ 50,000 Twiggs County Lights and Bleachers for Twiggs County High School Board of Education Football Field $ 50,000

Page 1586

Gwinnett County Roof Repairs at Creative Enterprises $ 50,000 Hall County Operation of Temporary Welcome Center $ 5,000 Richmond County Lights for Richmond County Little League Field $ 20,000 Richmond County Operation of the Richmond County Boxing Club $ 10,000 Cobb County Expansion of the Marietta/Cobb YMCA Battered Women's Shelter $ 20,000 City of Rockmart Renovation of Rockmart Recreation Complex $ 50,000 City of Aragon Equipment/Operations of Recreational Facilities $ 10,000 City of Cedartown Equipment/Operation of Recreational Facilities $ 15,000 Coweta County Construction of Youth Athletic Complex $ 35,000 Treutlen County Construction of Recreation Field House $ 35,000 Hancock County Equipment for Volunteer Fire Department $ 10,000 City of Social Circle Renovation of Gunter Hall in Social Circle $ 15,000 DeKalb County Repairs to Pine Lake Dike $ 20,000 DeKalb County Operation of the Soapstone Arts Center $ 20,000 DeKalb County Operate the South DeKalb Business Incubator $ 20,000 DeKalb County Lighting for East Lake Neighbors $ 20,000

Page 1587

Screvens County Board of Education For Technology Equipment at the Screvens County School System $ 25,000 Jenkins County Board of Education Recreational Equipment for the Jenkins County School System $ 7,000 City of Plains Fire Equipment for the City of Plains $ 10,000 Peach County To Purchase Welcome Signs for Peach County $ 8,145 City of Montezuma Paving for Blanks Civic Complex $ 50,000 Chatham County Restoration and Renovation of Building for Con-Ed., Inc. $ 10,000 Chatham County Operation of Chatham County Rape Crisis Center $ 10,000 Chatham County Renovation/Construction of the Savannah Lucas Theatre $ 35,000 McIntosh County Board of Education Construction of Bleachers for McIntosh County School System $ 35,000 Long County Purchase of Land for Long County Park $ 25,000 City of Greenville Construction of Greenville Railroad Depot $ 50,000 Hart County Operation of Hart County Parks $ 25,000 City of Cave Springs Operation of Crossroads Program for Georgia School for the Deaf $ 50,000 Lumpkin County Construction Veterans Park and Monument $ 15,000

Page 1588

Lumpkin County Board of Education Equipment Purchases for Lumpkin County High School $ 15,000 Bleckley County Construction/Renovation of Courthouse $ 50,000 City of Pelham For Lighting at the Pelham Livestock Complex $ 15,000 City of Ellijay Renovation/Construction for Vocational Transitions, Inc. $ 15,000 Fannin County Purchase Rescue Equipment $ 30,000 City of Douglas To Construct Softball/Soccer Complex $ 75,000 Coffee County For Computer Programming at the Coffee County Health Department $ 75,000 City of Atlanta Litter Abatement $ 50,000 Clayton County Improvements to Rex Athletic Field $ 15,000 Pulaski County Establish a Recreation Facility in Pulaski County $ 50,000 City of Riverdale Improvements to Riverdale Recreational Facilitities $ 15,000 City of Morrow Improvements to Morrow Recreational Facilities $ 15,000 City of Forest Park Park Improvements in Forest Park $ 15,000 DeKalb County Operation of Violence Prevention Program $ 25,000 DeKalb County Operation of the Winning Circle Program $ 25,000 City of Americus Operation of Cultural Arts Program $ 25,000

Page 1589

City of Albany Accessible Van for Slater King Adult Day Center $ 30,000 Quitman County Renovations for the Quitman County Court-house $ 25,000 DeKalb County Equipment for Initiative for Children and Families $ 15,000 Lowdnes County Board of Education Vocational Equipment for Lowndes County High School $ 10,000 City of Valdosta To Construct Valdosta Historic Monument $ 20,000 City of Sardis Equipment/Operations for City of Sardis $ 15,000 City of Keysville Equipment/Operations for City of Keysville $ 10,000 Glynn County To Provide for Project SHARE $ 20,000 Fannin County For Operation of Georgia Mental Health Services $ 37,440 Irwin County Construction of FFA Live-stock Show Barn $ 25,000 Seminole County Board of Education Construction of Greenhouse for Seminole High School $ 40,000 DeKalb County Equipment/Operation of Fernbank Museum $ 75,000 City of Milledgeville Historical Museum Operations $ 10,000 DeKalb County Operation of Juvenile Court Truancy Program $ 40,000 City of Chamblee Law Enforcement Radio Equipment $ 7,500 Augusta/Richmond County Operation of Community-Based Organizations $ 50,000

Page 1590

Chatham County Construction of Ralph Mark Gilbert Museum $ 20,000 Chatham County Operation of Savannah Tourism Network $ 10,000 Bibb County Regional Health Education Center in Maconto be operated by the Medical Center of Middle Georgia $ 2,000,000 Houston County Construction of Warner Robins Engineering Facility $ 3,000,000 Newton County Purchase of Land for Economic Development $ 7,100,000 Section 41. Provisions Relative to Section 11, State Board of Education Department of Education. The formula calculation for Quality Basic Education funding assumes a base unit cost of $1,837.30. 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 12, Employees' Retirement System. There is included in this appropriations bill funding for H.B. 244, H.B. 590, H.B. 679, H.B. 743, H.B. 852, and H.B. 1046. Section 43. Provisions Relative to Section 16, 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:

Page 1591

Number in Asst. Group Standards of Need Maximum Monthly 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, 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. Provided, that of the appropriation relative to Community Mental Health/Mental Retardation and Institutions, Regional Boards will be allocated State hospital funds equal to their DHR approved formula fair share. Regional Boards must use their fair share allocation or 90% of their base year hospital utilization funding (whichever is less) to purchase State hospital services. The balance may be used for community based care in accordance with approved Regional Plans. Section 44. Provisions Relative to Section 21, 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. Provided, that of the above appropriation relating to Medicaid Benefits, $100,000 is designated for the Independent Care program for personal assistance and support.

Page 1592

Provided, the Department shall [Illegible Text] pharmacy services in the [Illegible Text] pilot, and allow [Illegible Text] [Illegible Text] hospitals statewide to contract with Medicaid for services on a non-risk capitated [Illegible Text]. Vetoed 4-25-96 Zell Miller Provided, that the Department shall implement a clinically based, automated prospective drug utilization review [Illegible Text] Section 45. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $173.70 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 1997 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 1997 shall not exceed 8.66%. It is the intent of the General Assembly that the State Personnel Board implement pharmacy program modifications to establish reimbursement for independent pharmacy claims at the lower of: the State Merit System base as of January 1, 1996 pricing arrangement; the pharmacy provider's usual and customary charge; or the lowest marketplace pricing (other third party contract) accepted by the pharmacy provider. Section 46. Provisions Relative to Section 23, 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. It is the intent of the General Assembly that the Department of Natural Resources do a feasibility study with existing funds to develop a natural park and/or wilderness area along the Ocmulgee River. It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the Chattahoochee River Basin to deal with down stream environmental problems. Section 47. Provisions Relative to Section 32, Teachers' Retirement System. There is included in this appropriations bill funding for H.B. 691, H.B. 977, H.B. 586, and H.B. 1025.

Page 1593

Section 48. Provisions Relative to Section 33, Department of Technical and Adult Education. To provide authorization for the conversion of Atlanta Area Technical Institute and Savannah Regional Technical Institute to State operated institutions. Section 49 Provisions Relative to Section 34, 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. 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 34 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 [Illegible Text] of intermodal aircraft may be retained to finance the expansion of the state aircraft facility at [Illegible Text] Brown Airport. Vetoed 4-25-96 Zell Miller 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

Page 1594

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 50. In addition to all other appropriations for the State fiscal year ending June 30, 1997, 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 ental retardation institutions ($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 51. In addition to all other appropriations for the State fiscal year ending June 30, 1997, there is hereby appropriated $12,245,000 to the Office of the Governor for transfer to budget units with appropriate powers for providing housing contracts, food service contracts, overtime payments, training and other expenses related to security operations by those State agencies for the 1996 Olympic Games. The Office of Planning and Budget is hereby authorized and directed to transfer funds from this Section to appropriate budget units for the purpose of making such payments. Section 52. 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

Page 1595

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 ofTitle 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 53. 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 54. 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 55. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds. Section 56. 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

Page 1596

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 57. (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 1996 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. (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.

Page 1597

Section 58. 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 59. 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 reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 60. Provisions Relative to Section 37, State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriations in Section 37 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: From the appropriation designated State General Funds (New), $299,700 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 $3,240,000 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), $925,000 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,

Page 1598

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), $1,850,000 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 $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), $370,000 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 $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), $323,750 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 $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), $1,850,000 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 $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), $157,250 is specifically appropriated for the purpose of financing Georgia Sports Hall of Fame Authority facilities for the Department of Community Affairs, by means of the acquisition, construction, development, extension,

Page 1599

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 $1,700,000 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), $231,250 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 $2,500,000 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), $37,000 is specifically appropriated for the purpose of financing 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 $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), $92,500 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 61. 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 adjustment of 4% for employees of the Judicial, Legislative and Executive branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996 (proposed salary adjustments are in conformance with the implementation of the Georgia Gain pay for performance system for Executive branch employees). 2.) To provide for a cost of living adjustment of 4% for each state official (excluding members of the General Assembly) whose salary is set by Act 755 (H.B. 262) of the 1978 General Assembly, as

Page 1600

amended, as authorized in said act, Code Section 45-7-4 with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996. 3.) To provide for a cost of living adjustment of 2% for members of the General Assembly with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996. 4.) To provide for a 6% increase in the state base salary on the local teacher salary schedule of the State Board of Education with the amount of the appropriation for this purpose determined according to an effective date of September 1, 1996. 5.) To provide for a 4% increase for local school bus drivers and lunchroom workers with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1996. 6.) In addition to the cost of living adjustment in item 1, to provide for an additional 2% increase in the Technical Instructor Salary Schedule of the Department of Technical and Adult Education for instructors with the amount of the appropriation for this purpose, and for the purpose of item 1 as to this group, determined according to an effective date of September 1, 1996, such that the total increase on an annualized basis is 6 percent. 7.) In lieu of item 1 above, to provide a 6% funding level for merit increases for Regents faculty and support personnel with the amount of the appropriation for this purpose determined according to an effective date of July 1, 1996 for non-academic personnel and of September 1, 1996 for academic personnel. 8.) In addition to the cost of living adjustment in item 1 above, to provide a 5% salary increase for the Correctional Officer class series with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1996, such that the total increase on an annualized basis is 9%. Section 62. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1997 $ 11,341,527,653 Section 63. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 64. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. EDUCATION ALCOHOL AND DRUG COURSES; STUDENT ASSESSMENT PROGRAMS. Code Sections 20-2-142 and 20-2-281 Amended. No. 1038 (Senate Bill No. 11). 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

Page 1601

that contractors, officials, agents, or other appropriate representatives of the Department of Public Safety may teach the alcohol and drug course; to change certain provisions regarding curriculum-based assessments; 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 in Code Section 20-2-142, relating to prescribed courses in public schools, by striking in its entirety paragraph (1) of subsection (b) and inserting in lieu thereof the following: (b)(1) The State Board of Education and the Board of Public Safety shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Public Safety shall jointly, by rules or regulations, determine the contents of the course and its duration. The Commissioner of Public Safety shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of the Department of Public Safety to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 20-2-281, relating to assessments 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 implement the program and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Nationally norm-referenced instruments in reading, mathematics, science, and social studies shall be administered to students in grades three, five, and eight. The State Board of Education shall review, revise, and upgrade the quality core curriculum. Following the adoption of this revised curriculum, the State Board of Education shall contract for development of criterion-referenced tests to measure the quality core curriculum and such tests shall be administered to students in three

Page 1602

grades not lower than grade three. This action shall be completed within two years. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. 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. (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. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, 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. 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 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) Subject to appropriations by the General Assembly, the State Board of Education, in addition to the assessment program provided for in subsection (a) of this Code section, shall provide each local school system funds to be used for additional assessment as deemed necessary and appropriate by the local school system. The additional funds shall be calculated based on the number of FTE student counts reported for the preceding school year.

Page 1603

(e) Teachers in grades three through 12 shall participate annually in a staff development program on the use of tests within the instructional program designed to improve students' academic achievement. This program shall instruct teachers on curriculum alignment related to tests, disaggregated student test data to identify student academic weaknesses by subtests, and other appropriate applications as determined by the State Board of Education. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. EDUCATION MIGRANT STUDENTS GRANTS; EDUCATIONAL CAPITAL FUNDING; EXCEPTIONAL GROWTH SCHOOL SYSTEMS; GEORGIA LOTTERY FOR EDUCATION; COMPUTER AND ADVANCED ELECTRONIC INSTRUCTIONAL TECHNOLOGY TRAINING FOR TEACHERS, PROFESSORS, AND INSTRUCTORS. Code Title 20 Amended. Code Section 50-27-3 Amended. No. 1039 (Senate Bill No. 46). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, so as to change the provisions relating to migrant student grants; to change the definitions relating to educational capital funding; to change the provisions relating to additional funding for school systems having exceptional growth; to amend Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Lottery for Education Act, so as to change the definition of the term educational purposes and programs; to authorize appropriations from the Lottery for Education Account for the purpose of providing teachers at accredited public institutions who teach levels K-12, teachers and personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instruction of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; to authorize appropriations from the Lottery for Education Account for costs associated with repairing and maintaining advanced electronic instructional technology; to amend Code Section 20-2-252 of the Official Code of Georgia Annotated, relating to electronic technology, so as to provide that the State Board of Education shall

Page 1604

prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and for other purposes; to amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to provide that the Board of Regents of the University System of Georgia shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of programs within the university system financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing professors and instructors the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and for other purposes; to amend Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, so as to provide that the State Board of Technical and Adult Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing personnel at public postsecondary technical institutes necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network and for other purposes; 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 2 of Title 20 of the Official Code of Georgia Annotated, the Quality Basic Education Act, is amended by striking subsections (b) and (c) of Code Section 20-2-189, relating to migrant student grants, and inserting in its place the following: (b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection. (c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration

Page 1605

to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numberator of which is the average number of eligible migrant students enrolling in that school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year and the denominator of which is the average total number of eligible migrant students enrolling after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education. SECTION 2. Said article is further amended by striking paragraph (7.1) of subsection (b) of Code Section 20-2-260, relating to educational capital funding, and inserting in its place the following: (7.1) `Exceptional growth' means that growth experienced by an exceptional growth system under the calculations specified in subparagraph (j)(2)(A) of this Code section. SECTION 3. Said Code section is further amended by striking subparagraph (j)(2)(A) thereof and inserting in its place the following: (A) The average of each school system's average full-time equivalent count for the three most recently completed school years ('most recent average') will be compared to the average of that system's average full-time equivalent count for the three most recently completed school years prior to the most recently completed school year ('earlier average'). If there is an increase in a school system's most recent average of at least 1.5 percent and at least 65 average full-time equivalent counts over that system's earlier average, that system will be an exceptional growth system. For each such exceptional growth system with an increased average count of at least 65 average full-time equivalent counts after the above calculation, the amount of such increase will be divided by the total such increase for all exceptional growth systems under this subsection to provide the ratio of each system's growth to the total growth of all systems with exceptional growth; and. SECTION 4. Said Code section is further amended by striking subparagraph (j)(6)(B) thereof and inserting in its place the following:

Page 1606

(B) Any construction project submitted to utilize growth entitlement shall include construction of at least three new instructional units. If sufficient growth entitlement is not currently available for all of the new instructional units needed under this subsection, additional local funds or entitlements available to meet construction needs identified in the school system's facilities plan pursuant to subsection (g) of this Code section may be combined with any entitlement available for exceptional growth pursuant to this subsection for the purpose of completing all construction needs identified at a school. Entitlements earned under this subsection shall not be withheld, recalculated, or otherwise reduced for any construction project approved under subsection (g) of this Code section. Exceptional growth entitlement shall be utilized for construction of new instructional units at an existing school or for new schools only for those schools which, following the completion of such construction, meet the minimum size specified in subsection (q) of this Code section. Other funding sources must be utilized for any renovation or modification activities which may be needed; and. SECTION 5. Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to definitions applicable to the Georgia Lottery for Education Act, is amended by striking paragraph (8) in its entirety and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such colleges and universities are owned or operated by the board of regents or to attend institutions operated under the authority of the Department of Technical and Adult Education; costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; costs associated with repairing and maintaining advanced electronic instructional technology; voluntary prekindergarten; and an education shortfall reserve. SECTION 6. Code Section 20-2-252 of the Official Code of Georgia Annotated, relating to electronic technology, is amended by adding at the end thereof a new subsection (e) to read as follows:

Page 1607

(e) The State Board of Education shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. The State Board of Education shall expend funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology. SECTION 7. Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, is amended by adding between Code Section 20-3-77 and 20-3-78 a new Code Section 20-3-77.1 to read as follows: 20-3-77.1. The board of regents shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of programs within the university system financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing professors and instructors the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such programs shall include the expenditure of funds to defray the costs associated with repairing and maintaining advanced electronic instructional technology. SECTION 8. Code Section 20-4-11 of the Official Code of Georgia Annotated, relating to the powers of the State Board of Technical and Adult Education, is amended by striking the word and from the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting in lieu thereof the following: ;and, and by adding at the end thereof a new paragraph (9) to read as follows: (9) Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of

Page 1608

funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology. SECTION 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. HANDICAPPED PERSONS REPORTING NEED FOR PROTECTIVE SERVICES FOR CERTAIN PERSONS. Code Section 30-5-4 Amended. No. 1040 (Senate Bill No. 395). AN ACT To amend Code Section 30-5-4 of the Official Code of Georgia Annotated, relating to reporting the need for protective services for disabled adults, so as to change which persons must make certain reports; to provide for a definition; to provide for reporting the need for protective services for certain persons; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 30-5-4 of the Official Code of Georgia Annotated, relating to reporting the need for protective services for disabled adults, is amended by striking paragraph (1) of subsection (a) thereof and inserting in lieu thereof the following: (a)(1) As used in this paragraph, the term 'elder person' means a person 60 years of age or over. Any physician, osteopath, intern, resident, other hospital or medical personnel, dentist, psychologist, podiatrist, nursing personnel, social work personnel, day-care personnel, or law enforcement personnel having reasonable cause to believe that a disabled adult or elder person has had a physical injury or injuries inflicted upon such disabled adult or elder person, other than by accidental means, or has been neglected or exploited shall report or cause reports to be made in accordance with the provisions of this Code section. Any employee of a financial institution, as defined in Code Section 7-1-4, having reasonable cause to believe that a disabled adult or elder person has been exploited shall report or cause reports

Page 1609

to be made in accordance with the provisions of this Code section. When the person having a reasonable cause to believe that a disabled adult or elder person is in need of protective services performs services as a member of the staff of a hospital, social agency, financial institution, or similar facility, such person shall notify the person in charge of the facility and such person or that person's designee shall report or cause reports to be made in accordance with the provisions of this Code section. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. FOOD, DRUGS, AND COSMETICS ADULTERATED OR MISBRANDED DRUGS, DEVICES, OR COSMETICS; DRUG RESEARCHERS; REVERSE DRUG DISTRIBUTORS; PHARMACISTS' PRACTICE RECORDS, EXAMINATIONS, LICENSES, AND FEES; PHARMACY REGISTRATION; PRESCRIPTION DEPARTMENTS; DANGEROUS DRUGS FOR EMERGENCY SERVICE PROVIDERS. Code Title 26 Amended. No. 1041 (Senate Bill No. 495). AN ACT To amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to prohibit the holding of adulterated or misbranded drugs, devices, or cosmetics; to change the provisions relating to definitions regarding pharmacists and pharmacies; to change the provisions relating to the powers of the State Board of Pharmacy; to change the provisions relating to examinations, license qualifications, and examination fees for pharmacists; to change the provisions relating to licensing by reciprocity; to change the provisions relating to sanctions of licensed pharmacists and pharmacies and prohibit the practice of pharmacy when the license to practice has been subject to sanction; to change the provisions relating to pharmacy licenses and provide for registration of certain pharmacies; to change the provisions relating to prescription departments; to provide for the registration of reverse drug distributors; to change the sanctions against certain registrants; to prohibit certain transfers of controlled substances or dangerous drugs; to provide for drug researcher permits and registration and sanctions, penalties, and limitations relating thereto; to provide for biennial renewal of registrations; to change the provisions relating to dangerous drugs for emergency medical service providers; to repeal conflicting laws; and for other purposes.

Page 1610

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Code Section 26-3-3, prohibiting certain acts with regard to such objects, and inserting in its place the following: 26-3-3. The following acts and the causing thereof within this state are prohibited: (1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded; (1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded; (2) The adulteration or misbranding of any drug, device, or cosmetic; (3) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise; (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10; (5) The dissemination of any false advertisement; (6) The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17; (7) The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith; (8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4; (9) The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded; (10) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and

Page 1611

(11) The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10. SECTION 2. Said title is further amended by adding in the appropriate places in Code Section 26-4-2, relating to definitions regarding pharmacists and pharmacies, the following paragraphs: (7.1) `Drug researcher' means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacy, a drug wholesaler, distributor, or supplier, or a medical practitioner. (20.1) `Reverse drug distributor' means a person, firm, or corporation which receives or handles drugs from within this state which are adulterated or misbranded, under the provisions of Chapter 3 of this title, the `Georgia Drug and Cosmetic Act,' from a pharmacy, drug distributor, or manufacturer for purposes of destruction or other final disposition or for return to the original manufacturer of a drug. SECTION 3. Said title is further amended by adding between paragraphs (9) and (10) of Code Section 26-4-37, relating to powers of the State Board of Pharmacy, the following paragraph: (9.1) Expunge the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose pharmacy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions. SECTION 3.1. Said title is further amended by striking Code Section 26-4-71, relating to examinations, and Code Section 26-4-72, relating to qualifications for pharmacists' licenses, and inserting in their places the following: 26-4-71. The board shall make available examinations, including those to cover both the theoretical and the practical portions, at least three times a year. 26-4-72. (a) No person shall be entitled to receive a license as a pharmacist unless he or she shall possess the following qualifications:

Page 1612

(1) Be at least the legal age of majority; (2) Be a graduate of a generally recognized school or college of pharmacy, as the same may be defined by the board; provided, however, that, if it would be impractical for the board to evaluate a foreign school or college of pharmacy, the board may determine that an applicant who is a graduate of such a school or college is qualified, based upon an individual evaluation of the applicant's educational background and proficiency in the English language; (3) Have such practical experience as may be prescribed by the board; provided, however, that any person who shall have been a student in a generally recognized school or college of pharmacy prior to July 1, 1967, shall be required to have only such practical experience as may have been required by law or the board prior to that date; (4) Has successfully passed an examination approved by the board; and (5) Be a person of good moral character. (b) Supplemental courses certified by a school of pharmacy and approved by the board shall be required of any candidate after failing the examination administered by the board three times. After completing the supplemental courses, the candidate is required to retake the complete examination. SECTION 4. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 26-4-74, relating to licenses by reciprocity, and inserting in its place the following: (2) Completes and files a form applying for licensure with the board, which form shall include the applicant's name, address, and other such information as prescribed by the board, and, after an investigation by agents acting on behalf of the board, produces evidence satisfactory to the board which shows the applicant has the age, moral character, background, education, and experience demanded of applicants for registration by examination under this chapter and by the rules and regulations promulgated under this chapter;. SECTION 4.1. Said title is further amended by striking Code Section 26-4-75, relating to examination fees, and inserting in its place the following: 26-4-75. Applicants for examination as registered pharmacists under this part shall pay to the joint-secretary, or an agent designated by the board, an

Page 1613

examination fee in an amount established by the board, which fee shall be paid to the joint-secretary, or an agent designated by the board, at the time of filing of the application for examination. SECTION 5. Said title is further amended by striking paragraph (12) of subsection (a) of Code Section 26-4-78, relating to sanction of pharmacy licenses, and inserting in its place the following: (12) Violated or attempted to violate a statute, law, any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, rule, or regulation relates to or in part regulates the practice of pharmacy, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violated either a public or confidential lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement. SECTION 6. Said title is further amended by adding at the end of Code Section 26-4-85, relating to prohibited acts regarding medicines and drugs, a new subsection to read as follows: (e) No person with a pharmacist license which is suspended, revoked, invalid, or inactive, or restricted by a lawful public or confidential order of the board entered by the board in a disciplinary hearing or consent decree shall engage in the practice of pharmacy;. SECTION 6.1. Said title is further amended by striking Code Section 26-4-100, relating to pharmacy licenses, and inserting in its place the following: 26-4-100. (a) It shall be the duty of the board to examine all applicants for a pharmacy license and to grant certificates or licenses to such persons, firms, or corporations as may be entitled to the same. (b) Any place located within this state where pharmacy care is provided to residents of this state shall register with the board as a pharmacy. (c) The board is authorized to grant pharmacy licenses to clinic pharmacies under this part. Clinic pharmacies may be partially or totally exempted from the requirements of Code Section 26-4-107, relating to utensils and equipment, and Code Section 26-4-109, relating to prescription departments, as the board finds appropriate to the conduct of such clinic pharmacies.

Page 1614

SECTION 6.2. Said title is further amended by striking Code Section 26-4-109, relating to prescription departments, and inserting in its place the following: 26-4-109. (a) Every pharmacy licensed under this chapter shall have a prescription department which shall occupy at least 150 square feet of floor space, including a prescription counter providing at least 15 square feet of free working surface. If more than one pharmacist is on duty at any one time, the free working surface shall be increased by five square feet for each additional pharmacist. The prescription counter shall be kept clean and free of all merchandise and other materials not currently in use in the practice of compounding and dispensing. The space behind the prescription counter shall be kept free of obstruction at all times. Every prescription department shall be secured in such a manner as provided by the board in its rules and regulations. (b) The board may, upon written request, grant variances in the minimum square footage requirements for prescription departments and prescription counters in pharmacies where pharmacy services are directly provided by the Department of Corrections, by county or municipal political subdivisions, by the Division of Public Health of the Department of Human Resources, or by a regional mental health, mental retardation, and substance abuse board created under Chapter 2 of Title 37. (c) If a pharmacy is located in a general merchandising establishment, or if the owner of the pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed or otherwise secured, and only that permanently enclosed or otherwise secured area shall be subject to this chapter and shall be registered as a pharmacy. In such case, the area to be registered as a pharmacy shall be either permanently enclosed with a partition built from the floor to the ceiling or otherwise secured in a manner as provided by the board in its rules and regulations. Identification of the area by use of the word `drug,' `medicine,' `drug store,' `apothecary,' `pharmacy,' or similar terms shall be restricted to the prescription department area registered as a pharmacy by the board. SECTION 6.3. Said title is further amended by striking Code Section 26-4-110, relating to supervision of prescription departments, and inserting in its place the following: 26-4-110. Every pharmacy, when open for business, shall have a prescription department under the personal supervision of a duly licensed pharmacist,

Page 1615

who shall have personal supervision of not more than one pharmacy at the same time, provided that nothing in this Code section shall be construed to prohibit any pharmacist from having personal supervision of a pharmacy located in a hospital, nursing home, or college of pharmacy. Every pharmacy licensed under this part, except those located within and owned and operated by a duly licensed and accredited hospital, nursing home, college of pharmacy, or a pharmacy complying with subsection (c) of Code Section 26-4-109, shall have a prescription department open for business at all times that the business establishment is open to the public, except that during temporary absences of any licensed pharmacist, not to exceed three hours daily or more than one and one-half hours at any one time, the prescription department shall be closed and no prescription shall be filled. SECTION 7. Said title is further amended by striking Code Section 26-4-120, relating to registration of certain drug distributors and suppliers, and inserting in its place the following: 26-4-120. (a) All persons, firms, or corporations, whether located in state or out of state, engaged in the business of selling or distributing drugs at wholesale within this state, in the business of supplying drugs to manufacturers, compounders, and processors within this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse distribution of controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any

Page 1616

registration or license issued to the registrant under the federal act is suspended or revoked. (b)(1) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section, except reverse drug distributors, shall be required to submit a monthly report as prescribed by the board accounting for all transactions involving controlled substances listed in Schedule II as defined in Code Section 16-13-26; provided, however, that the submission of a copy of the report relative to such transactions required by the federal Drug Enforcement Agency shall be sufficient. The reports shall be submitted to the State Board of Pharmacy. (2) Every drug wholesaler, distributor, or supplier registered as provided in subsection (a) of this Code section or as provided in Chapter 13 of Title 16, except a reverse drug distributor, which is required to submit reports of excessive purchases of controlled substances with the federal Drug Enforcement Agency pursuant to 21 C.F.R. Sec. 1301.74 (effective April 1, 1985) shall be required to submit a copy of each such report to the board. (3) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this subsection. (c) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state. (d)(1) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both. (2) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both. SECTION 8. Said title is further amended by adding immediately following Code Section 26-4-120.1 a new Code section to read as follows: 26-4-120.2. (a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled

Page 1617

substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacy, a drug wholesaler, distributor, or supplier, or a medical practitioner shall biennially register with the State Board of Pharmacy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. (1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board. (2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. This person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, possession, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board. (3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16. (b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void. (c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section. (d) A drug researcher registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the

Page 1618

board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations. (e) A holder of a drug researcher permit shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs. (f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both. SECTION 9. Said title is further amended by striking subsection (b) of Code Section 26-4-123, relating to dangerous drugs for emergency service providers, and inserting in its place the following: (b) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16, as amended, may be issued to the medical director of an emergency service provider only from pharmacies licensed in Georgia in accordance with the provisions of this Code section. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. CONSERVATION AND NATURAL RESOURCES WATER POLLUTION CONTROL; STANDARDS FOR WASTE WATER DISCHARGE INTO CERTAIN PORTION OF CHATTAHOOCHEE RIVER; PENALTIES FOR VIOLATIONS; PERMITS FOR TRANSFER OF SURFACE WATER BETWEEN RIVER BASINS; COMBINED SEWER OVERFLOWS INTO CHATTAHOOCHEE RIVER SYSTEM; PENALTIES FOR VIOLATIONS. Code Section 12-5-23.2, 12-5-29, and 12-5-29.1 Amended. No. 1042 (Senate Bill No. 500). AN ACT To amend Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, so as to provide that persons in violation of certain provisions relating to the operation of certain sewer systems shall be subject to certain civil penalties; to provide that no permits which authorize the transfer of surface water from one river basin to another shall be issued until certain conditions are met; to provide exceptions; to provide that persons in

Page 1619

violation of certain provisions relating to the discharge of pollutants shall be subject to certain civil 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. Article 2 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to the control of water pollution and surface-water use, is amended by striking in its entirety Code Section 12-5-23.2, relating to the prohibited discharge of certain waste water, which reads as follows: 12-5-23.2. Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from any such water pollution control plant on or after January 1, 1992, which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23; provided, however, that, notwithstanding the provisions of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order, but in no event shall compliance with the discharge limitation provided by this Code section be extended beyond July 4, 1996, and the order shall require that person to make his best efforts to achieve compliance with the discharge limitation by December 31, 1993., and inserting in lieu thereof the following: 12-5-23.2. (a) Notwithstanding the provisions of Code Section 12-5-23 or any rule, regulation, or order adopted or issued pursuant to this article, no person who has been issued a National Pollutant Discharge Elimination System permit which allows the discharge of 1,000,000 gallons or more per day from a water pollution control plant operated by such person which discharges waste water into the Chattahoochee River between Buford Dam and West Point Reservoir shall discharge waste water from such person's water pollution control plants which contains more than 0.75 milligrams of phosphorus per liter of waste water on a monthly average basis or which fails to comply with any stricter standard adopted pursuant to Code Section 12-5-23.

Page 1620

(b) Notwithstanding the provisions of subsection (a) of this Code section, any person who has been issued a National Pollutant Discharge Elimination System permit and who has entered into a finalized consent order shall conform to the schedule adopted in such order as such order appeared on the date this subsection became effective. Except as provided in subsection (c) of this Code section, compliance with the discharge limitation provided by this Code section shall not be extended beyond July 4, 1996, and the order shall require that person to make his or her best efforts to achieve compliance with the discharge limitation by December 31, 1993. (c)(1) Notwithstanding the provisions of subsection (b) of this Code section, any person who entered into a consent order as provided in subsection (b) of this Code section but fails to complete the required phosphorus reduction improvements by July 4, 1996, shall not later than such date submit to the division a schedule stipulating annual construction milestones for the completion of all improvements required to achieve a discharge level of 0.64 milligrams of phosphorus per liter of water at each of such person's individual waste-water plants by not later than January 1, 2001; provided, however, that such person shall not discharge waste water from such person's water pollution control plants after February 1, 1997, which exceeds 0.64 milligrams of phosphorus per liter of water. (2) If the director approves the schedule submitted pursuant to paragraph (1) of this subsection, such person shall be bound by that schedule. If the director does not approve said schedule by August 1, 1996, the director shall not later than September 1, 1996, establish an alternative schedule with a final completion date not later than January 1, 2001, and such person shall be bound by the alternative schedule. (3) Any monetary penalties stipulated in any consent order regarding phosphorus effluent limitations executed by the director and another person prior to the date this subsection became effective shall be the only monetary penalties required to be paid by such person as long as such person is in compliance with the construction milestones in the schedule approved or established by the director in paragraph (2) of this subsection; provided, however, that if such order is declared invalid by the courts, then the penalties for noncompliance with subsections (a) or (b) of this Code section shall be as provided for in Code Sections 12-5-51 through 12-5-53. (4) If such person fails to meet a construction milestone, he or she shall pay a penalty in the amount of $25,000.00 per day until that construction milestone is met. If a particular construction milestone is not met for six months after the date specified, the penalty shall be increased to $100,000.00 per day until that construction milestone has

Page 1621

been met. Failure to meet a construction milestone shall not affect the date of any succeeding construction milestones. (5) If the person fails to complete all required construction by January 1, 2001, he or she shall pay a civil penalty in the amount of $100,000.00 per day until construction is completed. After construction is completed, the suspension of the liabilities and penalties provided for in Code Sections 12-5-51 through 12-5-53 for noncompliance with the provisions of subsection (a) of this Code section shall be ended. (6) If in any month after July 1, 1996, and before December 31, 1998, a person discharges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person discharges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not permit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsection and shall not be suspended or terminated. SECTION 2. Said article is further amended by inserting at the end of Code Section 12-5-29, relating to sewerage and waste disposal and related matters, the following: (d)(1) The director shall not authorize any new water pollution control discharge permit which if granted would permit water drawn from one river basin to be deposited into another river basin in the discharge of sewerage, industrial waste, treated waste water, or other wastes unless for both the basin of origin and receiving river basin unless: (A) The director has assessed all waters in order to identify those waters for which applicable effluent limitations are not sufficiently stringent to allow such waters to meet applicable water quality standards and has established total limitations for the pollutants which cause the waters to fail to achieve such water quality standards; (B) The director has established water quality standards for the nearest downstream lake as provided in Code Section 12-5-23.1; and

Page 1622

(C) All applicable provisions of this article and all rules and regulations promulgated pursuant to this article are met. (2) All new permits issued after January 1, 2001, discharging in excess of 3 million gallons per day, shall be required to meet a minimum standard of 0.30 milligrams of phosphorus per liter of waste water. (3) The provisions of this subsection shall not apply to the reissuance of existing permits, permits for the expansion of existing facilities, permits for the withdrawal of water for agricultural use, or permits for mining activities which use water for the transportation of materials. (e) If any treatment plant is not in compliance with permit requirements at any time between July 1, 1996, and July 1, 1997, the division shall be authorized to decrease the permitted capacity of such treatment plant in an amount up to 10 percent of the permitted capacity and may issue a new permit based upon such amount of decrease. SECTION 3. Said article is further amended by striking in its entirety subsection (c) of Code Section 12-5-29.1, relating to combined sewer overflows and related matters, and inserting in lieu thereof the following: (c)(1) The plan required by subsection (b) of this Code section shall include, as a minimum, provision for realistic implementation of means to eliminate sewage overflow or effectuate treatment of overflow to meet or exceed such water quality standards in accordance with the following schedules: (A) Any person who submitted a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall implement such plan so that construction is substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director not later than December 31, 1993; and (B) Any person who did not submit a plan pursuant to subsection (b) of this Code section prior to August 1, 1990, shall comply with the following schedule: (i) The director shall define the design conditions of subsection (b) of this Code section by December 31, 1991, using information provided by CSO owners and information collected by the director; (ii) The CSO owners shall prepare approvable plans and specifications by October 1, 1992, and, based on the director's approval of plans and specifications by December 31, 1992, the owners shall commence construction of the approved CSO facilities by April 1, 1993; and

Page 1623

(iii) The construction shall be substantially complete and operational to meet the water quality standards in the receiving stream or permit limits as defined by the director by December 31, 1995. (2) The owner of any combined sewer overflow system which discharges into the Chattahoochee River or its tributaries who failed to implement an approved plan by December 31, 1995, shall, in lieu of the liability and penalties provided in Code Sections 12-5-51 through 12-5-53, pay a civil penalty in the amount of $10,000.00 per day until the construction is completed but not later than October 1, 1997, after which date the penalty shall be increased to $100,000.00 per day until construction is completed; provided, however, that if such person owns or operates two separate combined sewer overflow systems, he or she shall pay a separate penalty on the second such system in the amount of $10,000.00 per day until construction is completed, but not later than July 1, 1998, after which date the penalty shall be increased to $100,000.00 per day for such system. On and after the dates the penalties for each such system increase to $100,000.00 per day, the owner or operator shall be subject to the liabilities and penalties provided in Code Sections 12-5-51 through 12-5-53 with regard to the respective system. (3) In addition to the penalties provided in paragraph (2) of this subsection, the owner or operator of a combined sewer overflow system shall not permit any additional sewer connections to such system until construction has been completed. 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 25, 1996.

Page 1624

MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; DEPOSIT OR DISPLAY OF LICENSE IN LIEU OF BAIL IN TRAFFIC AND MOTOR VEHICLE CASES; EXAMINATION OF ACCIDENT VICTIM'S LICENSE FOR ORGAN DONATION INFORMATION; DISCLOSURE OF DRIVERS' OPERATING RECORDS TO CAR RENTAL COMPANIES; EXEMPTION FROM LICENSING REQUIREMENTS FOR CERTAIN PERSONS TAKING IN-CAR TRAINING; EYESIGHT EXAMINATIONS FOR UNLICENSED IN-CAR TRAINEES; AUTOMATIC REPEAL PROVISION OF CERTAIN EXEMPTION FROM LEARNER'S PERMIT REQUIREMENTS REPEALED; MARKING LICENSES OF CERTAIN PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; APPEAL BONDS IN CERTAIN CASES; WITNESS LISTS IN CRIMINAL CASES. Code Title 17 Amended. Code Title 40, Chapter 5 Amended. No. 1044 (Senate Bill No. 544). AN ACT To amend Title 17 of the Official Code of Georgia annotated, relating to criminal procedure, so as to make an appeal bond discretionary for persons convicted of certain offenses; to change provisions relating to deposit of driver's licenses in lieu of bail in traffic and motor vehicle cases; to provide for driver's license display in lieu of bail instead of driver's license deposit; to provide for recordation of license number by the apprehending officer; to provide for suspension of license upon failure to appear; to provide for the later reinstatement of current provisions relating to said matters; that a prosecuting attorney shall not be required to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer; to provide for the furnishing of certain other information; to require law enforcement officers and emergency medical technicians to examine immediately the driver's license of any person fatally injured in a motor vehicle accident or in any other type of accident to determine the victim's wishes concerning organ donation and to take certain actions related thereto; to provide for related matters; to amend Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applicants for drivers' licenses and information on licenses, so as to provide that under certain conditions the department may provide access to a driver's operating records to a rental car company; to provide that a rental car company shall be prohibited from disseminating or disclosing any information from a driver's operating record to any other person or entity; to provide a penalty; to provide that such access shall be provided and funded through the GeorgiaNet Authority; to provide for rules and regulations; to amend Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, so as to exempt certain persons 15 years

Page 1625

of age or over while taking instruction from a licensed driving instructor or an approved high school driver education instructor; to provide for conditions and limitations; to provide for eyesight examinations; to amend an Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of certain drivers from the requirement for a learner's permit while taking instruction from a licensed driving instructor, so as to remove the automatic date of repeal or sunset date of said Act; to provide for related matters; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for a marker on the driver's license of a person convicted for a second time of driving under the influence of alcohol or drugs; to provide effective dates; 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 striking paragraph (1) of subsection (b) and subsection (g) of Code Section 17-6-1, relating to where offenses are bailable, in their entirety and inserting in lieu thereof a new paragraph (1) of subsection (b) and subsection (g) to read as follows: (b)(1) All offenses not included in subsection (a) of this Code section are bailable by a court of inquiry. Except as provided in subsection (g) of this Code section, at no time, either before a court of inquiry, when indicted or accused, after a motion for new trial is made, or while an appeal is pending, shall any person charged with a misdemeanor be refused bail. (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 felony offense or of any misdemeanor offense involving an act of family violence as defined in Code Section 19-13-1, or of any offense delineated as a high and aggravated misdemeanor or of any offense set forth in Code Section 40-6-391, shall be in the discretion of the convicting court. Appeal bonds shall terminate when the right of appeal terminates, and such bonds shall not be effective as to any petition or application for writ of certiorari unless the court in which the petition or application is filed so specifies. SECTION 2. Said article is further amended by striking Code Section 17-6-11, relating to deposit of driver's license in lieu of bail in traffic and motor vehicle cases, and inserting in its place a new Code section to read as follows:

Page 1626

17-6-11. (a) Any other laws to the contrary notwithstanding, any person who is apprehended by an officer for the violation of the laws of this state or ordinances relating to: (1) traffic, including any offense under Code Section 40-5-72 or Code Section 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety, any offense covered under Code Section 40-5-54, or any offense covered under Article 15 of Chapter 6 of Title 40; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such apprehending officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may display his or her driver's license to the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his or her appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the apprehending officer and held for further action by the appropriate judicial officer. The apprehending officer shall note the driver's license number on the official summons. The summons duly served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter. (b) Upon display of the driver's license the apprehending officer shall release the person so charged for his or her further appearance before the proper judicial officer as required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Safety of this state the driver's license number if the person fails to appear and answer to the charge against him or her. The commissioner of public safety shall, upon receipt of a license number forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to

Page 1627

ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin. (c) Nothing in this Code section bars any law enforcement officer from arresting or from seizing the driver's license of any individual possessing a fraudulent license or a suspended license or operating a motor vehicle while his or her license is suspended, outside the scope of a driving permit, or without a license. (d) The commissioner of public safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section. SECTION 3. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by striking Code Section 17-6-11, relating to deposit of driver's license in lieu of bail in traffic and motor vehicle cases, and inserting in its place a new Code section to read as follows: 17-6-11. (a) Any other laws to the contrary notwithstanding, any person who is arrested by an officer for the violation of the laws of this state or ordinances relating to (1) traffic, including any offense under Code Section 40-5-72 or Code Section 40-6-10, but excepting any other offense for which a license may be suspended for a first offense by the commissioner of public safety; (2) the licensing and registration of motor vehicles and operators; (3) the width, height, and length of vehicles and loads; (4) motor common carriers and motor contract carriers; or (5) road taxes on motor carriers as provided in Article 2 of Chapter 9 of Title 48 upon being served with the official summons issued by such arresting officer, in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance ordering incarceration, may deposit his driver's license with the apprehending officer in lieu of bail, in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons, or in lieu of being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for such license or deposit shall be given to such person by the arresting officer, and thereafter said person shall be permitted to use the receipt to operate a motor vehicle upon the highways of this state during the pendency of the case in which the license was deposited, unless his license or privilege is otherwise revoked, suspended, or canceled; provided, however, that such receipt shall in no event be valid for more than 45 days unless otherwise extended by the court. The summons duly

Page 1628

served as provided in this Code section shall give the judicial officer jurisdiction to dispose of the matter. (b) Upon receipt of the license as bail, the arresting officer may release the person so charged as provided for in this Code section for his further appearance before the proper judicial officer as provided for in this Code section and required by the summons. The court in which the charges are lodged shall immediately forward to the Department of Public Safety of this state the license which was deposited in lieu of bail if the person fails to appear and answer to the charge against him. The commissioner of public safety shall, upon receipt of a license forwarded by the court, suspend the driver's license and driving privilege of the defaulting person until notified by the court that the charge against the person has been finally adjudicated. Such person's license shall be reinstated if the person submits proof of payment of the fine from the court of jurisdiction and pays to the Department of Public Safety a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (b.1) It shall be the duty of a law enforcement officer or emergency medical technician responding to the scene of any motor vehicle accident or other accident involving a fatal injury to examine immediately the driver's license of the victim to determine the victim's wishes concerning organ donation. If the victim has indicated that he or she wishes to be an organ donor, it shall be the duty of such law enforcement officer or emergency medical technician to take appropriate action to ensure, if possible, that the victim's organs shall not be imperiled by delay in verification by the donor's next of kin. (c) The commissioner of public safety shall be authorized to promulgate reasonable rules and regulations to carry out the purposes of this Code section and to establish agreements with other states whereby a valid license from that state may be accepted for purposes of this Code section. SECTION 4. Said title is further amended by striking in its entirety Code Section 17-16-8, relating to list of names and information concerning witnesses, and inserting in lieu thereof a new Code Section 17-16-8 to read as follows: 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

Page 1629

counsel shall be afforded an opportunity to interview such witnesses prior to the witnesses being called to testify. (b) Nothing in this Code section shall be construed to require the prosecuting attorney to furnish the home address, date of birth, or home telephone number of a witness who is a law enforcement officer. Instead, in such cases, the prosecuting attorney shall furnish to the defense attorney the law enforcement officer's current work location and work phone number. SECTION 5. Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applicants for drivers' licenses and information on licenses, is amended by striking subsection (k) in its entirety and inserting in lieu thereof the following: (k) Notwithstanding any other provisions of this Code section, the department may provide access to a driver's operating records to a rental car company engaged in the normal course of its business upon the written release from the driver. A rental car company shall be prohibited from disseminating or disclosing any information from a driver's operating record to any other person or entity, and any person violating this subsection shall be guilty of a misdemeanor. Such access shall be provided and funded through the GeorgiaNet Authority, and the department shall bear no costs associated with such access. The department is authorized to promulgate rules and regulations necessary to carry out the provisions of this subsection. (1) The department, pursuant to rules and regulations promulgated by the commissioner, may periodically review all records maintained pursuant to this Code section and shall correct those records which contain known improper, false, fraudulent, or invalid information. SECTION 6. Code Section 40-5-21 of the Official Code of Georgia Annotated, relating to exemptions from driver's license requirements, is amended by striking paragraph (11) of subsection (a) in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows: (11) Any resident who is 15 years of age or over while taking actual in-car training in a training vehicle other than a commercial motor vehicle under the direct personal supervision of a driving instructor when such driving instructor and training vehicle are licensed by the Department of Public Safety in accordance with the provisions of Chapter 13 of Title 43, 'The Driver Training School License Act,' or when such driving instructor and vehicle are approved by the State Department of Education for a driver education program offered by a public high school, provided that the course is open only to students

Page 1630

of such accredited school. As used in the previous sentence, the term `commercial motor vehicle' shall have the meaning specified in Code Section 40-5-142. All vehicles utilized for the in-car training authorized under this paragraph shall be equipped with dual controlled brakes and shall be marked with signs in accordance with the Department of Public Safety or Department of Education rules clearly identifying such vehicles as training cars belonging to a driving school or public high school. A driving instructor shall test the eyesight of any unlicensed person who will be receiving actual in-car training prior to commencement of such training, and no unlicensed driver shall receive in-car training unless such person has at least the visual acuity and horizontal field of vision as is required for issuance of a driver's license in subsection (c) of Code Section 40-5-27. SECTION 7. An Act approved March 29, 1994 (Ga. L. 1994, p. 478), providing for the exemption of certain drivers from the requirement for a learner's permit while taking instruction from a licensed driving instructor, is amended by repealing Section 7, which reads as follows: SECTION 7. This Act shall be repealed in its entirety July 1, 1996. SECTION 8. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by striking Code Section 40-5-85 which reads as follows: 40-5-85. Reserved., and inserting in lieu thereof a new Code Section 40-5-85 to read as follows: 40-5-85. Notwithstanding any other provision of this chapter, any person convicted within five years of his or her first conviction as measured in paragraph (2) of subsection (c) of Code Section 40-6-391 for a second time of the offense of driving under the influence of alcohol or drugs in violation of Code Section 40-6-391 shall, upon compliance with all other requirements for reinstatement of his or her license as provided for in this chapter, be issued a driver's license which may bear a red stripe thereon. After seven years with no additional convictions for driving under the influence of alcohol or drugs any such person shall be issued a regular driver's license without such red stripe provided that he or she is otherwise entitled to such license under the laws of this state.

Page 1631

SECTION 9. Section 1 of this Act shall become effective September 1, 1996. Section 2 of this Act shall become effective September 1, 1998. Section 5 of this Act shall become effective July 1, 1996. All other sections of this Act shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. STATE GOVERNMENT ENGLISH DESIGNATED OFFICIAL LANGUAGE; USE OF OFFICIAL LANGUAGE. Code Section 50-3-100 Enacted. No. 1045 (Senate Bill No. 519). AN ACT To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, so as to designate English as the official language of the State of Georgia; to provide for use of the official language; to provide for construction; to provide for remedies; to provide for exceptions; to authorize use and printing of official documents in other languages; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to the state flag, seal, and other symbols, is amended by adding a new article, to be designated Article 4, to read as follows: ARTICLE 4 50-3-100. (a) The English language is designated as the official language of the State of Georgia. The official language shall be the language used for each public record, as defined in Code Section 50-18-70, and each public meeting, as defined in Code Section 50-14-1, and for official Acts of the State of Georgia, including those governmental documents, records, meetings, actions, or policies which are enforceable with the full weight and authority of the State of Georgia.

Page 1632

(b) This Code section shall not be construed in any way to deny a person's rights under the Constitution of Georgia or the Constitution of the United States or any laws, statutes, or regulations of the United States or of the State of Georgia as a result of that person's inability to communicate in the official language. (c) State agencies, counties, municipal corporations, and political subdivisions of this state are authorized to use or to print official documents and forms in languages other than the official language, at the discretion of their governing authorities. Documents filed or recorded with a state agency or with the clerk of a county, municipal corporation, or political subdivision must be in the official language or, if the original document is in a language other than the official language, an English translation of the document must be simultaneously filed. (d) The provisions of subsection (a) of this Code section shall not apply: (1) When in conflict with federal law; (2) When the public safety, health, or justice require the use of other languages; (3) To instruction designed to teach the speaking, reading, or writing of foreign languages; (4) To instruction designed to aid students with limited English proficiency in their transition and integration into the education system of the state; and (5) To the promotion of international commerce, tourism, sporting events, or cultural events. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. BUILDINGS AND HOUSING CONSTRUCTION CODE ENFORCEMENT; WATER AND SEWER LINE INSPECTION; ALTERNATIVE PROCEDURE FOR INSTALLATION OF CERTAIN LINES ON PRIVATE PROPERTY; FIRE SAFETY STANDARDS; PREVAILING STANDARD IN CASE OF CONFLICT. Code Sections 8-2-26 and 25-2-13 Amended. No. 1046 (House Bill No. 1221). AN ACT To amend Code Section 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to

Page 1633

construction, so as to provide for alternative inspection of water and sewer lines where the installation is outside the building underground and on private property; to provide requirements relative to filing of notices and certificates of self-inspection; to provide for procedures and fees for alternative inspections; to amend Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to fire safety standards applicable to certain buildings and structures, so as to provide for compliance standards in the event of conflict between certain codes and standards; 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 8-2-26 of the Official Code of Georgia Annotated, relating to the enforcement of state minimum standard codes applicable to construction, is amended by adding at the end thereof a new subsection (d) to read as follows: (d)(1) In lieu of inspection by an inspector or other person employed by the governing authority of any county or municipality, a licensed master plumber or utility contractor shall have the option of installing a water or sewer line according to the alternative inspection procedure described in this subsection where the installation is on private property outside the building underground. (2) If the master plumber or utility contractor elects to utilize this inspection procedure, he or she shall file with the local inspector: (A) Notice that the water and sewer line will be installed in accordance with the Standard Plumbing Code and will be inspected pursuant to the alternative inspection procedure described in this subsection; (B) A copy of his or her master plumber or utility contractor certificate issued by the State Construction Industry Licensing Board; (C) A copy of his or her trenching competent person certificate; (D) A certificate showing that a bond has been filed in accordance with paragraph (2) of subsection (b) of Code Section 43-14-12, except that such bond shall be in the amount of $50,000.00 and issued by a surety rated `A,' `Class VI,' or better by the A. M. Best Company; and (E) Within five business days after completion of the installation, a sworn certification that the water or sewer line has been installed in accordance with the Standard Plumbing Code.

Page 1634

(3) The department shall promulgate a standard form notice and a standard form certificate that shall be used to administer this subsection. Local inspectors shall make copies of the standard forms available to contractors. (4) The master plumber or utility contractor shall be required to pay to the governing authority the applicable permit fee. (5) Upon submission of the certification required by this subsection, the local governing authority shall be required to accept the inspection without the necessity of further inspection or approval, except that the local governing authority may perform an inspection at any time and may issue a stop-work order if the work is found to be in violation of code requirements. (6) Any other provision of this subsection notwithstanding, the alternative inspection procedure described in this subsection shall be applicable only to installations on private individual single family residential property. SECTION 2. Code Section 25-2-13 of the Official Code of Georgia Annotated, relating to fire safety standards applicable to certain buildings and structures, is amended by adding a new subsection at the end thereof, to be designated subsection (g), to read as follows: (g) Notwithstanding any other provision of law or any local ordinance to the contrary, in the event of a conflict between any code or standard of the National Fire Protection Association (National Fire Code and National Electric Code) and of the Standard Building Code Congress (Southern Standard Building Code), the code or standard of the National Fire Protection Association (National Fire Code and National Electric Code) shall prevail. The order of precedence established by this subsection shall apply to all buildings and structures whether or not such buildings and structures are covered under this Code section. SECTION 3. Any political subdivision may exempt itself from Section 1 of this Act by resolution or ordinance. 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 25, 1996.

Page 1635

REVENUE AND TAXATION SALES AND USE TAX; TAX TREATMENT AND REPORTING OF SALES MADE THROUGH VENDING MACHINES. Code Section 48-8-30 Amended. No. 1047 (House Bill No. 1229). AN ACT To amend Code Section 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, so as to change the manner of applying such tax to certain sales through vending machines; 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 48-8-30 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use tax, is amended by striking subsection (h) and inserting in its place a new subsection (h) to read as follows: (h) The tax imposed by this Code section shall be collected from the dealer and paid at the time and in the manner provided in this article. Any person engaging or continuing in business as a retailer and wholesaler or jobber shall pay the tax imposed on the gross proceeds of retail sales of the business at the rate specified when proper books are kept showing separately the gross proceeds of sales for each business. If the records are not kept separately, the tax shall be paid as a retailer or dealer on the gross sales of the business. For the purpose of this Code section, all sales through any one vending machine shall be treated as a single sale. The gross proceeds for reporting vending sales shall be treated as if the tax is included in the sale and the taxable proceeds shall be net of the tax included in the sale. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996.

Page 1636

CRIMINAL PROCEDURE GEORGIA INDIGENT DEFENSE ACT AMENDED; MENTAL HEALTH ADVOCACY DIVISION OF GEORGIA INDIGENT DEFENSE COUNCIL CREATED; PURPOSE, POWERS, DUTIES; DIRECTOR; BUDGET; APPOINTMENT, QUALIFICATIONS, AND COMPENSATION OF MENTAL HEALTH ADVOCATE; EMPLOYMENT OF PERSONNEL; REPRESENTATION OF PERSONS NOT GUILTY BY REASON OF INSANITY. Code Sections 17-12-45 through 17-12-51 Enacted. No. 1048 (House Bill No. 1239). AN ACT To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as The Georgia Indigent Defense Act, so as to create the mental health advocacy division of the Georgia Indigent Defense Council; to provide for its purpose, powers and duties, and existence as a legal entity; to provide for responsibilities of the council and the council's director; to provide for a budget; to provide for appointment, qualifications, and compensation of the mental health advocate; to provide for employment of personnel; to provide for representation of persons prior to and after a finding of not guilty by reason of insanity at the time of the crime; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, known as The Georgia Indigent Defense Act, is amended by inserting at the end of such article the following: 17-12-45. There is created the mental health advocacy division of the Georgia Indigent Defense Council for the purpose of undertaking the representation of indigent persons found not guilty by reason of insanity at the time of the crime in any court in this state. The division shall serve all counties of this state. 17-12-46. The mental health advocacy division shall be a legal entity; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source, which funds shall be used to defray the expenses incident to implementing its purposes; and may establish a principal office.

Page 1637

17-12-47. The Georgia Indigent Defense Council and the council's director shall be responsible for management of the division. Managerial duties shall include, but are not limited to, the following: (1) Appointment of the mental health advocate; (2) Establishing the salaries of the mental health advocate and the division's staff; (3) Approving the level of staffing and establishing policy consistent with the intent of Code Sections 17-12-45, 17-12-46, 17-12-48 through 17-12-51, and this Code section; and (4) Preparing an annual budget for the division, administering the funds made available to the division, and overseeing the expenditure of such funds. 17-12-48. The council and its director shall prepare an annual budget showing all anticipated expenses of the division for the following fiscal year, which shall be the same as the fiscal year of this state. Such budget may be submitted by the mental health advocate. 17-12-49. The mental health advocate shall be appointed by and shall serve at the pleasure of the council. The mental health advocate must have been licensed to practice law in this state for at least five years and must be competent to counsel and represent a person found not guilty by reason of insanity at the time of the crime. The salary of the mental health advocate shall be established by the council. 17-12-50. The mental health advocate shall employ, with the advice and consent of the council and its director and in the manner and at the compensation prescribed by the council, as many assistant attorneys, clerks, investigators, stenographers, and any other persons as may be necessary for carrying out the responsibilities assigned to the division by law. A person employed under this Code section serves at the pleasure of the mental health advocate and the council's director. 17-12-51. (a) Whenever any person has been found not guilty by reason of insanity at the time of the crime pursuant to Code Section 17-7-131 and has been determined to be indigent, as provided in Article 1 of this chapter, the court in which such charges are pending shall notify the mental health advocacy division of the council and the division may assume the defense and representation of such persons in all matters pursuant to Code Section 17-7-131 if the resources, funding, and staffing

Page 1638

of the division allow; provided, however, that the public defender of any county or the court appointed attorney who represented the indigent at the time of the finding of not guilty by reason of insanity at the time of the crime shall have the option to retain responsibility for the representation of any such person. (b) Nothing in this Code section shall prevent the court or the court appointed attorney from requesting the participation of the division prior to a finding of not guilty by reason of insanity at the time of crime. The court or the court appointed attorney may request that the division assist in the case prior to a plea being entered and accepted by the court. (c) If for any reason the mental health advocacy division is unable to represent any indigent person found not guilty by reason of insanity at the time of the crime, such representation shall be provided as otherwise provided by law. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. PENAL INSTITUTIONS JAILS; REFUSAL BY CERTAIN OFFICERS TO RECEIVE PERSONS CHARGED WITH INDICTABLE OFFENSE. Code Section 42-4-12 Amended. No. 1049 (House Bill No. 1296). AN ACT To amend Article 1 of Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, so as to change the penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense; to provide that such officers shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature; to provide for the disposition of such persons in cases where acceptance has been refused; to provide for the disposition of such persons after a medical release; to provide for the disposition of such persons in cases where no health care facility is located in the county; to provide for payment of costs related to medical release; 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 42 of the Official Code of Georgia Annotated, relating to general provisions applicable to jails, is amended by

Page 1639

striking in its entirety Code Section 42-4-12, relating to penalty for refusal by certain officers to receive persons charged with or guilty of an indictable offense, and inserting in lieu thereof a new Code Section 42-4-12 to read as follows: 42-4-12. Except as otherwise provided in this Code section, any sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense who refuses to receive and take charge of such a person shall, upon conviction thereof, be guilty of a misdemeanor and shall be punished by a fine of not more than $1,000.00. A sheriff, constable, keeper of a jail, or other officer whose duty it is to receive persons charged with or guilty of an indictable offense shall be authorized to refuse acceptance of any person who has not received medical treatment for obvious physical injuries or conditions of an emergency nature. Upon such refusal, it shall be the responsibility of the arresting agency to take the individual to a health care facility or health care provider in order to secure a medical release. Upon medical release by the health care facility or health care provider, the sheriff, constable, or keeper of the jail must assume custody of the individual; provided, however, that in all cases the sheriff, constable, or keeper of the jail must assume custody where no health care facility is located in the county in which the arrest occurred and, in such instances, the governing authority of the arresting agency shall pay all costs related to the medical release. 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 25, 1996. REVENUE AND TAXATION EXCISE TAXES ON RENTAL MOTOR VEHICLES; IMPOSITION AND LEVY BY COUNTIES AND MUNICIPALITIES; SPECIAL TAX DISTRICTS CREATED. Code Sections 48-13-90 through 48-13-96 Enacted. No. 1050 (House Bill No. 1319). 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

Page 1640

authorize the imposition and levy of certain excise taxes upon certain rental motor vehicles; to provide for legislative purpose and intent; to provide for definitions; to provide for the creation of special districts; to provide for the levy and collection of such taxes and for the use of the proceeds thereof; to provide for procedures, conditions, and limitations; to provide for statutory construction; to provide for reimbursements and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to specific, business, and occupation taxes, is amended by adding immediately following Article 4 thereof a new article to read as follows: ARTICLE 5 48-13-90. It is declared to be the purpose and intent of the General Assembly that: (1) Each county and municipality in this state shall be authorized to levy certain excise taxes as provided in this article; and (2) Funds derived from such tax shall be made available for the purpose of promoting industry, trade, commerce, and tourism; for the provision of convention, trade, sports, and recreational facilities; and for public safety purposes. 48-13-91. As used in this article, the term: (1) `Rental charge' means the total value received by a rental motor vehicle concern for the rental or lease for 31 or fewer consecutive days of a rental motor vehicle, including the total cash and nonmonetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (2) `Rental motor vehicle' means a motor vehicle designed to carry ten or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in this state. (3) `Rental motor vehicle concern' means a person or legal entity which owns or leases five or more rental motor vehicles and which regularly rents or leases such vehicles to the public for value.

Page 1641

48-13-92. 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. One such district shall exist within the geographical boundaries of each county, and the territory of each district shall include all of the territory within the county except territory located within the boundaries of any municipality that imposes an excise tax on charges to the public for the rental or lease of rental motor vehicles under this article. 48-13-93. (a)(1) The governing authority of each municipality in this state may levy and collect an excise tax upon the rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. 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 rental charge collected by a rental motor vehicle concern when such charge constitutes a taxable event for purposes of sales and use tax under Article 1 of Chapter 8 of this title. The tax levied pursuant to this article shall be levied or collected at the rate of 3 percent of the rental charges. The tax levied pursuant to this article shall be imposed only at the time when and place where a customer pays sales tax with respect to the rental charge. The customer who pays a rental charge that is subject to a tax levied as provided in this article shall be liable for the tax. The tax shall be paid by the customer to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental motor vehicle concern until it is paid and shall be recoverable at law in the same manner as authorized for the recovery of other debts. The rental motor vehicle concern collecting the tax shall remit the tax to the governing authority imposing the tax, and the tax remitted shall be a credit against the tax imposed on the rental motor vehicle concern. Every rental motor vehicle concern subject to a tax levied as provided in this article shall be liable for the tax at the applicable rate on the charges actually collected or the amount of taxes collected from the customers whichever is greater. (2) A county or municipality levying an excise tax as provided in paragraph (1) of this subsection shall only levy such tax by ordinance which shall specify with particularity the authorized projects or purposes, or both, for which proceeds of the tax are to be expended and shall apply in each fiscal year during which the tax is collected such tax proceeds for the purpose of: (A) Promoting industry, trade, commerce, and tourism; (B) Capital outlay projects consisting of the construction of convention, trade, sports, and recreational facilities, or public safety facilities, including the acquiring, constructing, renovating, improving,

Page 1642

and equipping of parking facilities, pedestrian walkways, plazas, connections, and other public improvements associated with such convention, trade, sports, and recreational facilities or public safety facilities or the retirement of debt issued with respect to such capital outlay projects; and (C) Maintenance and operation expenses or security and public safety expenses associated with capital outlay projects funded pursuant to subparagraph (B) of this paragraph. (3) Amounts collected pursuant to this article may be expended pursuant to a contract or contracts with a county, municipality, development authority, downtown development authority, urban redevelopment authority, recreation authority, or any combination of two or more of such entities. Nothing in this article shall be construed to limit the formation of intergovernmental contracts pursuant to the authority granted by Article IX, Section III, Paragraph I of the Constitution of this state to accomplish the purposes described in paragraph (2) of this subsection including the construction and maintenance of facilities located outside the special district within which the excise tax is levied and collected and which benefit the special district. (4) Any tax levied pursuant to this article shall terminate not later than December 31, 2038. Following the termination of the tax, any county or municipality which has levied a tax pursuant to this article shall not thereafter be again authorized to levy a tax under this article. (5) No tax shall be imposed under this article on the rental charge associated with the rental or lease of a rental motor vehicle if either: (A) The customer picks up the rental motor vehicle outside this state and returns it in this state; or (B) The customer picks up the rental motor vehicle in this state and returns it outside this state. (6) Nothing in this Code section shall be construed to impair, or authorize or require the impairment of, any existing contract or contractual rights. (7) Any action by a local governing authority to impose the tax authorized under this Code section shall become effective no sooner than the first day of the month following the month of its adoption by the local governing authority. (b) No tax under this article may be levied or collected by a county outside the territorial limits of the special district located within the county.

Page 1643

48-13-94. Each person collecting the tax authorized by this article shall be allowed a percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting, and paying the amount due if the amount due is not delinquent at the time of payment. The rate of deduction shall be 3 percent of the amount due but only if the amount due was not delinquent at the time of payment. 48-13-95. The manner of imposition, payment, and collection of the tax and all other procedures related to the tax shall be as provided by each county and municipality electing to exercise the powers conferred by this article. 48-13-96. As a part of the audit report required under Code Section 36-81-7, the auditor shall include, in a separate schedule, a report of the revenues and expenditures pertaining to the tax under 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 25, 1996. REVENUE AND TAXATION SALES AND USE TAX; EXEMPTION FOR AGRICULTURAL MACHINERY; EXEMPTION FOR CERTAIN SALES BY SCHOOLS; EXEMPTION FOR GIRL SCOUT COOKIES; SPECIAL COUNTY 1 PERCENT TAX FOR PUBLIC SAFETY FACILITIES OR AIRPORT FACILITIES; SPECIAL PURPOSE LOCAL OPTION TAX FOR SANITARY LANDFILL DEVELOPMENT; SALES TAX FOR EDUCATIONAL PURPOSES. Code Title 48, Chapter 8 Amended. No. 1051 (House Bill No. 1399). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use tax, so as to revise and change an exemption from sales and use tax regarding the sale of certain types of agricultural machinery; to revise and change an exemption from sales and use tax regarding the sale of certain concessions or admission tickets by certain schools; to provide for an exemption for the sale of Girl Scout cookies to

Page 1644

and by member councils of the Girl Scouts of the U.S.A.; to authorize the imposition of the special county 1 percent sales and use tax for certain capital outlay projects consisting of public safety facilities and related capital equipment or airport facilities and related capital equipment, or both; to provide for conditions and limitations; to change the provisions relating to the proceeds of a special purpose local option sales tax imposed for development of a sanitary landfill which purpose becomes economically infeasible; to provide that the sales tax for educational purposes shall be levied and collected in the same manner as the special county 1 percent sales and use tax under Article 3 of said chapter; to provide for additional requirements with respect to the issuance of certain debt in conjunction with such tax; to provide for the authority for this Act; to provide for legislative intent; to provide for effective dates; to provide for automatic repeal under certain circumstances; 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 tax, is amended by striking subparagraph (I) of paragraph (29) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new subparagraph (I) to read as follows: (I) Rubber-tired farm tractors and attachments to the tractors which are sold to persons engaged primarily in producing farm crops for sale and which are used exclusively in tilling, planting, cultivating, and harvesting farm crops, and equipment used exclusively in harvesting farm crops or in processing onion crops which are sold to persons engaged primarily in producing farm crops for sale. For the purposes of this subparagraph, the term `farm crops' includes only those crops which are planted and harvested within a 12 month period; and. SECTION 2. Said chapter is further amended by striking paragraph (39) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new paragraph (39) to read as follows: (39) Sales by any public or private school containing any combination of grades kindergarten through 12 of tangible personal property, concessions, or tickets for admission to a school event or function, provided that the net proceeds from such sales are used solely for the benefit of such public or private school or its students;. SECTION 3. Said chapter is further amended in Code Section 48-8-3, relating to exemptions from sales and use tax, by striking or at the end of paragraph

Page 1645

(56), by striking the period at the end of paragraph (57) and inserting in its place ; or, and by adding a new paragraph immediately following paragraph (57), to be designated paragraph (58) to read as follows: (58) Sales of Girl Scout cookies to and by member councils of the Girl Scouts of the U.S.A. SECTION 4. Said chapter is further amended in paragraph (1) of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax by striking or at the end of subparagraph (G); by redesignating subparagraph (H) as subparagraph (I); and by adding a new subparagraph immediately following subparagraph (G), to be designated subparagraph (H), to read as follows: (H) A capital outlay project or projects of the county for the use of and benefit of the citizens of the entire county and consisting of public safety facilities and capital equipment to operate such facilities, airport facilities and capital equipment to operate such facilities, or both; or. SECTION 4A. Said chapter is further amended by striking paragraph (1) of subsection (h) of Code Section 48-8-121, relating to use of the proceeds of a special purpose local option sales tax, and inserting in lieu thereof the following: (1) Notwithstanding any other provision of this article to the contrary, if a county has imposed the tax authorized by this article on or after April 1, 1992, and prior to January 1, 1994, in whole or in part for the purpose of development of a sanitary landfill and such purpose becomes or is discovered to be economically infeasible then the provisions of this subsection shall apply. This subsection shall not apply until and unless the governing authority of the county adopts an appropriate resolution or ordinance determining that the development of the sanitary landfill has become or is economically infeasible. Upon the adoption of such resolution or ordinance, the tax shall continue to be imposed for the same period of time and for the raising of the same amount of revenue as originally authorized. Upon the adoption of such resolution or ordinance the county may use the previously collected and future proceeds of the tax (or such portion thereof as was intended for sanitary landfill purposes if the tax was imposed for more than one purpose) for such solid waste collection and disposal purposes as are determined by the county governing authority to constitute the best feasible alternative to the development of the sanitary landfill; provided, however, that such waste collection and disposal purposes shall not include maintenance and operation expenditures.

Page 1646

SECTION 5. Said chapter is further amended by adding a new article at the end thereof, to be designated Article 4, to read as follows: ARTICLE 4 48-8-140. This article is enacted pursuant to the authority of Article VIII, Section VI, Paragraph IV of the Constitution of Georgia and it is the intent of the General Assembly in the enactment of this article to further define and implement such provision of the Constitution. 48-8-141. Except as otherwise expressly provided in Article VIII, Section VI, Paragraph IV of the Constitution of Georgia, the sales tax for educational purposes which may be levied by a board of education of a county school district or concurrently by the board of education of a county school district and the board of education of each independent school district located within such county, shall be imposed, levied, and collected by such board or boards of education in the same manner as the special county 1 percent sales and use tax provided for under Article 3 of this chapter and the provisions of Article 3 of this chapter shall apply equally to such board or boards of education. 48-8-142. If general obligation debt is to be issued in conjunction with the imposition of the sales tax for educational purposes authorized by Article VIII, Section VI, Paragraph IV of the Constitution, the resolution or concurrent resolutions imposing such tax shall specify the principal amount of the debt to be issued, the purpose for which the debt is to be issued, the interest rate or rates or the maximum interest 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. If such general obligation debt is to be issued, the ballot shall have written or printed thereon, in addition to the descriptions required by Article VIII, Section VI, Paragraph IV(c) of the Constitution, the following: `If imposition of the tax is approved by the voters, such vote shall also constitute approval of the issuance of general obligation debt of __________ in the principal amount of $__________ for the above purpose.' SECTION 6. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective July 1, 1996. (b) Section 5 of this Act shall become effective on January 1, 1997; provided, however, that Section 5 of this Act shall only become effective on

Page 1647

January 1, 1997, upon the ratification of House Resolution 728 at the November, 1996, state-wide general election, which resolution authorizes the imposition, levy, and collection of a 1 percent sales and use tax for educational purposes. If such resolution is not so ratified, Section 5 of this Act shall not become effective and Section 5 of this Act shall stand repealed in its entirety on January 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996. STATE GOVERNMENT GEORGIA SUGGESTION SYSTEM ACT ENACTED; EFFICIENCY AND ECONOMY OF STATE GOVERNMENT. Code Sections 50-31-1 through 50-31-7 Enacted. No. 1052 (House Bill No. 1803). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to create a program for encouraging, receiving, evaluating, implementing, and rewarding suggestions for increasing the efficiency and economy of the operation of state government; to provide a short title; to provide legislative findings; to provide definitions; to authorize certain actions by the Secretary of State and by state agencies with regard to suggestions; to create the Awards Committee and to provide for its powers and duties; to provide for the appointment, terms, qualifications, and expenses of members of such committee; to provide for effective dates; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new chapter to be designated Chapter 31 to read as follows: CHAPTER 31 50-31-1. This chapter shall be known and may be cited as the `Georgia Suggestion System Act.'

Page 1648

50-31-2. The General Assembly finds that the citizens, residents, and employees of the State of Georgia are innovative, inventive people whose ideas could provide direct and measurable benefits to the state by improving the operation of state government and by conserving state funds. The General Assembly finds that encouraging Georgia citizens, residents, and employees to make suggestions for the more efficient and economical operation of state government would be in the public interest. The General Assembly finds that providing an easy, accessible method of making suggestions and rewarding meritorious suggestions would encourage such suggestions. 50-31-3. As used in this chapter, the term: (1) `Agency' means any department, agency, bureau, board, authority, or instrumentality of the state. (2) `Suggestion' means a written proposal for the more efficient or more economical operation of state government, which includes the name and address of the author. 50-31-4. (a) Any citizen, resident, or employee of the State of Georgia may submit to the Secretary of State a suggestion as defined in this chapter. Employees of the Secretary of State may, if they desire, submit suggestions directly to the Awards Committee created by Code Section 50-31-7. (b) If a state employee who submits a suggestion requests confidentiality regarding such employee's name, the Secretary of State and the Awards Committee shall not reveal such employee's name without the consent of such employee. For the purposes of complying with requests for public inspection and copying, suggestions from any state employee who has requested confidentiality regarding such employee's name shall be marked in such a manner that the employee's name and address are not legible. (c) Suggestions by state employees who have requested confidentiality regarding the employees' names are eligible for awards. Anonymous proposals from citizens and residents who are not state employees are not eligible for awards. (d) All suggestions shall be subject to requests for public inspection or copying pursuant to the provisions of Article 4 of Chapter 18 of this title. (e) Suggestions by state employees are eligible for awards under the provisions of this chapter and under the provisions of Chapter 21 of Title 45.

Page 1649

50-31-5. The Secretary of State shall: (1) Receive suggestions from citizens, residents, and state employees; (2) Design and implement a system for distributing suggestions to the appropriate agency or agencies for evaluation, receiving written evaluations of suggestions from agencies, and receiving reports from agencies regarding implementation of suggestions and the results of such implementation; (3) Provide to the Awards Committee created by Code Section 50-31-7, copies of all citizens', residents', and state employees' suggestions and information regarding the evaluation, implementation, and results of implementation of such suggestions; (4) Perform administrative tasks relating to the receipt and transmission of suggestions, including but not limited to the development of forms for suggestions and the design and implementation of the process or means for receiving suggestions, which may include but is not limited to suggestion boxes in public places, telecommunications, or electronic network access; (5) Receive and use donations and gifts from nongovernmental sources for the purposes of this chapter; and (6) Provide administrative and clerical support to the Awards Committee created by Code Section 50-31-7. 50-31-6. Each agency of the state shall: (1) Receive citizens', residents', and state employees' suggestions which are forwarded from the Secretary of State; (2) Evaluate each suggestion for its potential effect of increasing the economy or efficiency of operation; (3) Implement suggestions which have apparent merit with regard to the economy or efficiency of operation; (4) Tabulate and document savings and increases in efficiency resulting from the implementation of suggestions; and (5) Provide information to the Secretary of State regarding the receipt, evaluation, implementation, and result of suggestions. 50-31-7. (a) There is created the Awards Committee, to consist of nine members. Three members shall be appointed by the Governor, three members shall be appointed by the Speaker of the House of Representatives, and

Page 1650

three members shall be appointed by the Lieutenant Governor. Members shall be appointed for terms of four years; vacancies shall be filled by appointment for the unexpired term by the same appointing authority. Elected officials during their terms of office, state employees, and members of the immediate family of any elected official or state employee shall not be eligible for appointment to the Awards Committee. Members of the committee shall not be compensated for their services but shall be paid the same per diem as members of the General Assembly. The committee shall be attached for administrative purposes only to the Secretary of State. (b) The committee shall have the following powers and duties: (1) To receive suggestions from the Secretary of State; (2) To receive suggestions from employees of the Secretary of State; (3) To receive information from the Secretary of State regarding the evaluation, implementation, and results of suggestions and to request additional information as desired; (4) To provide annually as many financial and symbolic awards to any citizen or state employee for suggestions as the committee deems appropriate; (5) To report annually to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives regarding agency responses to suggestions and to recommend additional legislation to achieve the purposes of this chapter; (6) To publish annually a report documenting the awards, meritorious suggestions, and savings and increased efficiency resulting from suggestions; and (7) To request, solicit, receive, and use donations and gifts from governmental sources for the purposes of this chapter. SECTION 2. (a) The provisions of this Act authorizing the appointment of the Awards Committee and authorizing such committee and the Secretary of State to receive donations and gifts for the purposes of this Act shall be effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) The remaining provisions of this Act shall become effective upon the determination by the Secretary of State that adequate funds have been donated to operate the program created by this Act for one year. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 25, 1996.

Page 1651

EDWIN C. CHASTAIN COMPENSATION. No. 115 (House Resolution No. 447). A RESOLUTION Compensating Mr. Edwin C. Chastain; and for other purposes. WHEREAS, on June 1, 1994, Mr. Edwin C. Chastain's vehicle was struck by a tractor operated by an inmate of the Lee Arrendale Correctional Institution while mowing the grass in the parking lot; and WHEREAS, Mr. Chastain's expenses relating to the damage to his vehicle were $604.80; and WHEREAS, Mr. Chastain's property damage loss occurred through no fault or negligence of Mr. Chastain; 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 Georgia Department of Corrections is authorized and directed to pay the sum of $604.80 as compensation to Mr. Chastain as provided 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 25, 1996. BLUE RIBBON STUDY COMMITTEE ON FUNDING OF THE QUALITY BASIC EDUCATION ACT CREATION. No. 116 (House Resolution No. 769). A RESOLUTION Creating a Blue Ribbon Study Committee on Funding of the Quality Basic Education Act; and for other purposes. WHEREAS, the declared public policy of this state is to assure that each Georgian has access to quality instruction; and WHEREAS, the Governor's Education Review Commission, after thorough, thoughtful, and extensive study in 1984 and 1985, recommended major Georgia education reform initiatives; and WHEREAS, the Georgia General Assembly, in 1985, acting upon those recommendations, adopted the Quality Basic Education Act; and WHEREAS, one purpose of Georgia's Quality Basic Education Act, as passed, was to provide an equitable public education finance structure which ensures every student an opportunity for a quality basic education,

Page 1652

regardless of where the student lives, and to ensure that all Georgians pay their fair share of this finance structure; and WHEREAS, the Quality Basic Education funding formula, as passed, was designed to fund a defined quality basic education; and WHEREAS, the Quality Basic Education funding formula has not been reviewed for more than six years, thus resulting in no inflationary adjustment and static funding for many cost components; and WHEREAS, costs for underfunded items such as maintenance and operation and sick leave and unfunded items such as social security and medicare continue to increase at alarming rates; and WHEREAS, almost all local school boards throughout the state by law must rely solely on increased property tax revenues to fund these increasing costs. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created a Blue Ribbon Study Committee on Funding of the Quality Basic Education Act, hereinafter referred to as the committee, to be composed of highly qualified individuals who represent a broad spectrum of interests to review the Quality Basic Education funding formula in order to determine a base amount adequate to provide a quality education for students in each of their programs. SECTION 2. The committee shall be comprised of 12 members, three each appointed by the Speaker of the House and the President of the Senate. The remaining four members shall be the chairpersons of the House and Senate Education and Appropriations Committees and two members appointed by the State School Board Superintendent. SECTION 3. The Speaker of the House and the President of the Senate shall each appoint a cochairperson from the committee. The cochairpersons shall call the initial meeting of the committee within three weeks following sine die of the 1996 session of the General Assembly. The cochairpersons may alternate presiding or have one preside in the absence of the other. The committee may elect from its membership such other officers as it deems advisable. The committee may establish such quorum, attendance, and other rules as it deems advisable. The initial meeting and all other meetings of the study committee called by the cochairpersons shall be held with those members who have been appointed. The committee shall determine a quorum based upon the members that have been appointed.

Page 1653

SECTION 4. The members of the committee other than a state employee, member of another state agency or board, and legislative members shall be entitled to expense allowance and travel cost reimbursement authorized for legislative members of interim legislative committees. Legislative members of the committee shall receive the compensation, per diem, expenses, and allowances authorized for legislative members of interim legislative committees. The funds necessary to provide for members other than state employees or members of other state agencies or boards shall come from the funds appropriated to the Senate and House of Representatives. State employees and members of other state agencies or boards shall receive no compensation but shall be reimbursed for travel or other expenses accrued through service to the committee from funds appropriated to their respective departments or agencies. SECTION 5. The committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related 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. SECTION 6. Staff support for the committee shall be provided by the Department of Education, the Board of Regents of the University System of Georgia, the office of Planning and Budget, the Legislative Budget Office, the House and Senate Research Offices, and the Legislative Counsel's office. The committee may call upon any other professional association, state department, state agency, or individuals to provide such information as the committee may deem necessary. SECTION 7. The committee and its duly authorized agents are empowered to inspect and study the records, books, and other documents of all agencies and institutions of public education, both state and local, and at all levels thereof; and it shall be the duty of such agencies and institutions and all officials, employees, and agents thereof to assist and cooperate with the committee in the performance of its duties. SECTION 8. The cochairpersons of the committee may designate and appoint subcommittees to perform such functions as they may determine to be necessary. The committee may, either by itself or through such subcommittees, hold

Page 1654

hearings, conduct investigations, and take other action necessary or desirable to collect data and obtain information. The committee is initially authorized to meet for no more than ten days. Additional days may be authorized if needed by the Speaker of the House and the President of the Senate. SECTION 9. The committee shall report its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 1997. The Blue Ribbon Study Committee on Funding of the Quality Basic Education Act shall stand abolished on December 31, 1997. Approved April 25, 1996. MS. SYLVIA A. CONE COMPENSATION. No. 117 (House Resolution No. 876). A RESOLUTION Compensating Ms. Sylvia A. Cone; and for other purposes. WHEREAS, on August 26, 1995, Ms. Sylvia A. Cone, her husband, and friends were visiting the Little White House Historic Site at Warm Springs, Georgia; and WHEREAS, as Ms. Cone entered the gate to the Little White House, she fell on a slippery walkway and fractured her left wrist; and WHEREAS, she was treated at Meriwether Memorial Hospital and later by Dr. Frank Kelly, an orthopedic surgeon in Macon, Georgia; and WHEREAS, Dr. Kelly classified her fracture as a severe injury, and Ms. Cone is still suffering pain from the injury and has restricted use of her left hand; and WHEREAS, Ms. Cone has suffered personal injury, medical expenses, and lost wages totaling $6,000.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Cone, and it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $6,000.00 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 25, 1996.

Page 1655

SHARON I. NOBLES COMPENSATION. No. 118 (House Resolution No. 887). A RESOLUTION Compensating Sharon I. Nobles; and for other purposes. WHEREAS, on August 9, 1994, inmates at the Jimmy Autry Correctional Institution in Pelham, Georgia, while in the process of cutting grass adjoining a parking lot at the facility, caused flying debris to strike and damage several employee automobiles; and WHEREAS, the 1994 Dodge Intrepid owned by Ms. Nobles, a correctional officer at the facility, sustained a cracked windshield and other damage, the cost of repair of which is reasonably estimated at $200.00; and WHEREAS, the loss to Ms. Nobles occurred through no fault or negligence on the part of Ms. Nobles and it is only fitting and proper that she be compensated for her 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 $200.00 to Sharon I. Nobles 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 25, 1996. MS. MARGARET C. RITCHIE COMPENSATION. No. 119 (House Resolution No. 884). A RESOLUTION Compensating Ms. Margaret C. Ritchie; and for other purposes. WHEREAS, on March 11, 1988, Ms. Margaret Ritchie, her daughter, and grandchildren were visiting High Falls State Park in Monroe County, Georgia; and WHEREAS, when Ms. Ritchie started up the stairs to the left of the swings and climbing apparatus, one of the steps gave way; and WHEREAS, although Ms. Ritchie grabbed the railing, it was too loose to provide any support, and she fell backwards hitting her head on a large rock at the bottom of the stairs; and WHEREAS, Ms. Ritchie has received treatment numerous times at the VA Medical Center in Decatur, Georgia, and continues to suffer headaches and chronic maxillary sinusitis which she attributes to the accident; and

Page 1656

WHEREAS, Ms. Ritchie has suffered personal injury, pain and suffering, and medical expenses totaling $4,000.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Ritchie, and it is only fitting and proper that she be compensated for her loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Natural Resources is authorized and directed to pay the sum of $4,000.00 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 25, 1996. TERRY LEE WANZER COMPENSATION. No. 120 (House Resolution No. 973). A RESOLUTION Compensating Mr. Terry Wanzer; and for other purposes. WHEREAS, on July 3, 1973, a young woman was abducted and sexually assaulted by two men. Initially, from photographs, she picked Terry Lee Wanzer as a perpetrator; and WHEREAS, despite Mr. Wanzer's three alibi witnesses and the absence of physical evidence linking him to the crimes, a Clayton County jury on September 28, 1973, found him guilty of two counts of rape and two counts of aggravated sodomy. Mr. Wanzer was sentenced to serve two life sentences and two 20 year sentences; and WHEREAS, in 1981 an attorney with the Legal Aid and Defender Society of the University of Georgia School of Law wrote the State Board of Pardons and Paroles and raised the possibility of mistaken identification. The board investigated, arranged a polygraph examination for Mr. Wanzer which indicated he was truthful, and paroled him on August 21, 1981. Mr. Wanzer was successfully discharged from parole supervision on January 22, 1985, with a sentence commutation and restoration of civil and political rights; and WHEREAS, Mr. Wanzer, after release from confinement, expended much effort and resources to have his case investigated. Several law enforcement and parole officials who reviewed the case encouraged him. One of the alleged schoolmate perpetrators was polygraphed about the crimes in 1983 and the other in 1989. The results indicated both were deceptive; and WHEREAS, in 1989 Mr. Wanzer applied to the State Board of Pardons and Paroles for a pardon for reason of innocence. Since then, the board has

Page 1657

interviewed numerous persons, including court and law enforcement officials, witnesses, the victim, the two schoolmates, and Mr. Wanzer. It has studied hearing and trial transcripts. As a result, the board members unanimously have concluded from the evidence that Mr. Wanzer's conviction resulted from a tragic mistaken identification; and WHEREAS, on July 1, 1991, the State Board of Pardons and Paroles, in compliance with its constitutional and statutory authority, granted to Mr. Terry Lee Wanzer a pardon for reason of innocence; and WHEREAS, Mr. Wanzer has suffered loss of time and liberty as a result of the 2,815 days of incarceration and expenses in trying to prove his innocence totaling $100,000.00; and WHEREAS, the conviction, incarceration, and subsequent loss occurred through no fault or negligence on the part of Mr. Wanzer, and it is only fitting and proper that he be reimbursed 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 $100,000.00 to Mr. Terry Lee Wanzer 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. This sum shall be paid on or after July 1, 1996. Approved April 25, 1996. EMMITT T. LOWERY, JR. COMPENSATION. No. 121 (House Resolution No. 1006). A RESOLUTION Compensating Mr. Emmitt T. Lowery, Jr.; and for other purposes. WHEREAS, Mr. Emmitt T. Lowery, Jr., has a residence approximately three miles from Milan, Georgia; and WHEREAS, on July 5, 1995, Guylynn Hinson, an employee of the Milan Correctional Institute contacted Mr. Lowery at his place of employment and informed him that three prisoners had escaped from the correctional facility on July 4, 1995, had broken into his residence, and had stolen one of his vehicles; and WHEREAS, Mr. Lowery returned to his residence immediately, and he, a sheriff's deputy, and Guylynn Hinson entered and inspected his residence; and WHEREAS, the carpet and walls of Mr. Lowery's house had been damaged, approximately $2,000.00 worth of jewelry had been stolen, other personal

Page 1658

property had been damaged or stolen, and Mr. Lowery's 1977 Ford pickup truck had been stolen; and WHEREAS, Mr. Lowery's truck was later found damaged and abandoned in Atlanta, Georgia, but none of the other property stolen from his residence was recovered; and WHEREAS, Mr. Lowery suffered unreimbursed property damage to his residence and truck and other unreimbursed property losses in the amount of $2,433.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Lowery, 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 $2,433.00 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 25, 1996. NATHANIEL A. BLAKNEY AND ROBERT DANIEL HUGHES COMPENSATION. No. 122 (House Resolution No. 1017). A RESOLUTION Compensating Mr. Nathaniel A Blakney and Mr. Robert Daniel Hughes; and for other purposes. WHEREAS, on February 6, 1990, Mr. Nathaniel A. Blakney was employed by the Department of Transportation as a special forces mechanic; and WHEREAS, on February 6, 1990, the District Special Forces Bridge Headquarters was burglarized and many items of department property were taken, and in addition many of Mr. Blakney's personal tools were stolen; and WHEREAS, the value of Mr. Blakney's tools was $1,072.33; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Blakney, and it is only fitting and proper that he be compensated for his loss. WHEREAS, Mr. Robert Daniel Hughes was a student at Kennesaw State College located at 3455 Frey Lake Road, N.W., in Kennesaw, Georgia, at the time of the injury which is the subject of this resolution; and

Page 1659

WHEREAS, in the fall of 1994, Mr. Hughes was enrolled in a physical education course required for graduation from the college; and WHEREAS, on October 27, 1994, Mr. Hughes injured his right knee during this physical education course, by lifting 297 pounds of weight, which was 24 pounds over the maximum indicated for his amount of body weight, which injury required corrective surgery; and WHEREAS, a physical education instructor employed by Kennesaw State College directed and supervised the amount of weight lifted by Mr. Hughes during this course session; and WHEREAS, Mr. Hughes suffered personal injury to his knee in the amount of $2,826.46; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Hughes, 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 Transportation is authorized and directed to pay the sum of $1,072.33 to Mr. Blakney 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. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is authorized and directed to pay the sum of $2,826.46 to Mr. Hughes as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said board and shall be in full and complete satisfaction of all claims against the state arising out of said occurrence. Approved April 25, 1996. DANIEL WARNELL LEE MEMORIAL BRIDGE DESIGNATED. No. 123 (House Resolution No. 1073). A RESOLUTION Designating the Daniel Warnell Lee Memorial Bridge; and for other purposes. WHEREAS, Daniel Warnell Lee was born to Ida Hyres Lee and Daniel M. Lee on June 23, 1919, in Bacon County, Georgia, reared on the family farm near the community of Guysie with brothers, Miles S. Lee, Alco Lee, Edward Lee, Romie Lee, Roy Lee, and sister Cora Lee Brown; and

Page 1660

WHEREAS, he started school at Guysie School, graduated from Alma High School in Bacon County, and earned a degree from the University of Georgia; and WHEREAS, in 1946 the Congressional Medal of Honor was presented to First Lieutenant Daniel W. Lee by President Harry Truman, for outstanding gallantry, willing risk of life, and extreme tenacity of purpose in coming to grips with the enemy, although suffering from grievous wounds; and WHEREAS, the citation with the Congressional Medal of Honor read as follows: 1st Lieutenant (then 2d Lieutenant) Daniel W. Lee was leader of Headquarters Platoon, Troop A, 117th Cavalry Reconnaissance Squadron, Mechanized, at Montreval, France, on September 2, 1944, when the Germans mounted a strong counterattack, isolating the town and engaging its outnumbered defenders in a pitched battle. After the fight had raged for hours and our forces had withstood heavy shelling and armor-supported infantry attacks, 2d Lieutenant Lee organized a patrol to knock out mortars which were inflicting heavy casualties on the beleaguered reconnaissance troops. He led the small group to the edge of the town, sweeping enemy riflemen out of position on a ridge from which he observed seven Germans manning two large mortars near an armored halftrack about 100 yards down the reverse slope. Armed with a rifle and grenades, he left his men on the high ground and crawled to within 30 yards of the mortars, where the enemy discovered him and unleased machine-pistol fire which shattered his right thigh. Scorning retreat, bleeding and suffering intense pain, he dragged himself relentlessly forward. He killed five of the enemy with rifle fire, and the others fled before he reached their position. Fired on by an armored car, he took cover behind the German halftrack and there found a panzerfaust with which to neutralize this threat. Despite his wounds, he inched his way toward the car through withering machinegun fire, maneuvered into range, and blasted the vehicle with a round from the rocket launcher, forcing it to withdraw. Having cleared the slope of hostile troops, he struggled back to his men, where he collapsed from pain and loss of blood. Second Lieutenant Lee's outstanding gallantry, willing risk of life, and extreme tenacity of purpose in coming to grips with the enemy, although suffering from grievous wounds, set an example of bravery and devotion to duty in keeping with the highest traditions of the military service. WHEREAS, only 22 native Georgians have been presented the Congressional Medal of Honor, which was first awarded during the Civil War; and WHEREAS, Daniel W. Lee joined the reserves and was recalled by the army for two years for the Korean Conflict, and he achieved the rank of Captain; and

Page 1661

WHEREAS, Daniel W. Lee retired as Senior Vice President of Military Service Company, San Antonio, Texas, a division of EBCSCO Industries; and WHEREAS, Daniel W. Lee died January 22, 1985, leaving a widow, a gracious lady, the former Sallie Davis of Blackshear, Georgia, three children, Daniel W. Lee, Jr., San Antonio, Texas; James D. Lee, St. Louis, Missouri; Elizabeth C. Lee von Merveldt, Lompoc, California; and eight grandchildren; and WHEREAS, Daniel W. Lee was buried with full military honors in Rose Hill Cemetery in Alma, Georgia, and in attendance were six other Medal of Honor recipients, friends, family, and officials of the community. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge on Georgia Highway 32 which crosses Little Hurricane Creek in Bacon County, Georgia, between Alma, Georgia, and Nicholls, Georgia, near the community of Guysie, Georgia, as the Daniel Warnell Lee Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs designating such 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 the family of Daniel Warnell Lee. Approved April 25, 1996.

Page 1663

RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1996 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

Page 1665

INTANGIBLE PERSONAL PROPERTY TAX REPEAL BY GENERAL LAW WITHOUT REFERENDUM AUTHORIZED. Proposed Amendment to the Constitution. No. 57 (House Resolution No. 734). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the repeal of any intangible personal property tax by general law without approval in a referendum; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section I, Paragraph III is amended by striking subparagraph (b)(1) and inserting in its place a new subparagraph (b)(1) to read as follows: (b)(1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money; provided, however, that any taxation of intangible personal property may be repealed by general law without approval in a referendum effective for all taxable years beginning on or after January 1, 1996. SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES Shall the Constitution be amended so as to authorize the repeal of any intangible personal property tax by general law without a referendum effective for all taxable years beginning on or after January 1, 1996? () NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved March 21, 1996.

Page 1666

ENTERPRISE ZONES GENERAL LAW AUTHORIZING CREATION BY COUNTIES, MUNICIPALITIES, OR COMBINATIONS THEREOF; TAXATION. Proposed Amendment to the Constitution. No. 64 (Senate Resolution No. 64). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of enterprise zones by counties, municipalities, or combinations thereof; to provide for exemptions, credits, or reductions of taxes within such enterprise zones; to provide for conditions and limitations; to provide for other matters relative to the foregoing; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IX, Section II, Paragraph VII of the Constitution is amended by adding a new subparagraph (c) at the end thereof to read as follows: (c) The General Assembly is authorized to provide by general law for the creation of enterprise zones by counties or municipalities, or both. Such law may provide for exemptions, credits, or reductions of any tax or taxes levied within such zones by the state, a county, a municipality, or any combination thereof. Such exemptions shall be available only to such persons, firms, or corporations which create job opportunities within the enterprise zone for unemployed, low, and moderate income persons in accordance with the standards set forth in such general law. Such general law shall further define enterprise zones so as to limit such tax exemptions, credits, or reductions to persons and geographic areas which are determined to be underdeveloped as evidenced by the unemployment rate and the average personal income in the area when compared to the remainder of the state. The General Assembly may by general law further define areas qualified for creation of enterprise zones and may provide for all matters relative to the creation, approval, and termination of such zones. SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

Page 1667

() YES Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the creation of enterprise zones for the purposes of providing exemptions, credits, and reductions of taxes levied by the state, a county, a city, or any combination thereof to persons, firms, or corporations which create job opportunities within designated enterprise zones to provide employment opportunities? () NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 9, 1996. ISLAND PROPERTY WITHIN A CONSTITUTIONAL INDUSTRIAL AREA VOLUNTARY REMOVAL BY THE OWNER. Proposed Amendment to the Constitution. No. 66 (Senate Resolution No. 228). A RESOLUTION Proposing an amendment to the Constitution so as to allow the owners of certain real property located in certain industrial areas to remove the property from the industrial area; to provide that such removal shall be irrevocable and binding on successors and heirs; to provide for the submission of this amendment for ratification or rejection; and for other purposes. SECTION 1. Article XI, Section I, Paragraph IV of the Constitution is amended by adding at the end thereof a new subparagraph (e) to read as follows: (e) Any person owning property in an industrial area described in subparagraph (d) may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located, but only if the property is located on an island. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area will no longer be in the industrial area and may be annexed by an adjacent city. The filing of a certificate will be irrevocable and will bind the owners, their heirs, and their assigns. The term `owner' includes anyone with a

Page 1668

legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property. SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES Shall the Constitution be amended so as to allow the owner of island property located within a constitutional industrial area voluntarily to remove the property from the industrial area? () NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 9, 1996. ONE PERCENT SALES AND USE TAX FOR EDUCATIONAL PURPOSES. Proposed Amendment to the Constitution. No. 110 (House Resolution No. 728). A RESOLUTION Proposing an amendment to the Constitution so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educational purposes; to provide for procedures, conditions, and limitations; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI of the Constitution is amended by adding at the end thereof a new Paragraph IV to read as follows:

Page 1669

Paragraph IV. Sales tax for educational purposes. (a) The board of education of each school district in a county in which no independent school district is located may by resolution and the board of education of each county school district and the board of education of each independent school district located within such county may by concurrent resolutions impose, levy, and collect a sales and use tax for educational purposes of such school districts conditioned upon approval by a majority of the qualified voters residing within the limits of the local taxing jurisdiction voting in a referendum thereon. This tax shall be at the rate of 1 percent and shall be imposed for a period of time not to exceed five years, but in all other respects, except as otherwise provided in this Paragraph, shall correspond to and be levied in the same manner as the tax provided for by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the special county 1 percent sales and use tax, as now or hereafter amended. Proceedings for the reimposition of such 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. (b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include: (1) Capital outlay projects for educational purposes; (2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or (3) A combination of the foregoing. (c) The resolution calling for the imposition of the tax and the ballot question shall each describe: (1) The specific capital outlay projects to be funded, or the specific debt to be retired, or both, if applicable; (2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of

Page 1670

debt shall also be the maximum amount of net proceeds to be raised by the tax; and (3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years. (d) Nothing in this Paragraph shall prohibit a county and those municipalities located in such county from imposing as additional taxes local sales and use taxes authorized by general law. (e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state. (f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law. (g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE count prior to the referendum on imposing the tax. (h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds. (i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied. (j)(1) Notwithstanding any provision of any constitutional amendment continued in force and effect pursuant to Article XI, Section I, Paragraph IV(a) and except as otherwise provided in subparagraph (j)(2) of this Paragraph, any political subdivision whose ad valorem taxing powers are restricted pursuant to such a constitutional amendment may receive the proceeds of the tax authorized under this Paragraph or of any local sales and use tax authorized by general law,

Page 1671

or any combination of such taxes, without any corresponding limitation of its ad valorem taxing powers which would otherwise be required under such constitutional amendment. (2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(1) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law. SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES Shall the Constitution be amended so as to authorize the boards of education of county school districts and independent school districts to impose, levy, and collect a 1 percent sales and use tax for certain educational purposes subject to approval in a local referendum? () NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No. If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 15, 1996. PROCESSING OF AGRICULTURAL PRODUCTS FEES, ASSESSMENTS, AND CHARGES FOR PROMOTION OF AGRICULTURAL PROCESSING INDUSTRIES. Proposed Amendment to the Constitution. No. 111 (House Resolution No. 367). A RESOLUTION Proposing an amendment to the Constitution so as to authorize fees, assessments, and other charges to be collected on the processing of agricultural products by agricultural processing industries and used for the promotion of such agricultural processing industries without the need for

Page 1672

paying such moneys into the general fund of the state treasury; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VII, Section III, Paragraph II of the Constitution is amended by striking subparagraph (b) of said Paragraph and inserting in lieu thereof the following: (b)(1) As authorized by law providing for the promotion of any one or more types of agricultural products, or for the promotion of any one or more types of agricultural processing industries, including, but not limited to, cotton ginning, fees, assessments, and other charges collected on the sale or processing of agricultural products need not be paid into the general fund of the state treasury. Such fees, assessments, and other charges may, as provided by law, be approved by referendum among the producers of the affected products or members of the affected agricultural processing industries, as the case may be. The uniformity requirement of this article shall be satisfied by the application of the agricultural promotion program upon the affected products or agricultural processing industries. (2) As used in this subparagraph, `agricultural products' includes, but is not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state. SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: () YES Shall the Constitution be amended so as to allow agricultural processing industries, after approval in a referendum, to impose a fee upon members of the industry based on the amount of agricultural products processed and, without placing such moneys in the state treasury, to use such funds to promote those agricultural processing industries? () NO All persons desiring to vote in favor of ratifying the proposed amendment shall vote Yes. All persons desiring to vote against ratifying the proposed amendment shall vote No.

Page 1673

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. Approved April 15, 1996.