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 19970000 English

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1997 19970000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume One Book Two

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LOCAL GOVERNMENT RECORDS OF SUPERIOR COURTS AND COUNTIES; STORAGE OUTSIDE COUNTY OF CREATION. Code Sections 15-1-10, 15-6-86, and 36-9-5 Amended. No. 331 (Senate Bill No. 324). AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that certain court records shall be stored within the State of Georgia; to provide for the cost of transporting such records to respond to a request for inspection in certain circumstances; to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, so as to provide that certain county documents shall be stored within the State of Georgia; to provide for the costs of retrieval and the time period for retrieving such records for inspection in certain circumstances; 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 in its entirety Code Section 15-1-10, relating to removal of court records, and inserting in lieu thereof a new Code Section 15-1-10 to read as follows: 15-1-10. (a) No records or papers of any court shall be removed out of the county, except in cases of invasion whereby the same may be endangered or by order of the court. (b) Notwithstanding any other provision of this Code section, such records may be stored in accordance with the provisions of subsection (b) of Code Section 15-6-86. SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 15-6-86, relating to location of clerk's office and storage of records, and inserting in lieu thereof a new subsection (b) to read as follows: (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 a data

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storage and retrieval facility within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse. If documents are stored outside the county where the documents were created, the government entity shall: (1) Bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; and (2) Provide by contract for: (A) Specific retrieval times in which documents requested shall be delivered; and (B) Payment of additional fees by the person requesting the document from the clerk for expedited service. SECTION 3. Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property generally, is amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 36-9-5, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents: (A) In a fireproof safe or vault; (B) In fireproof cabinets; (C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives; or (D) At a location not more than 100 miles from the county in a data storage and retrieval facility approved by the county governing authority within the State of Georgia which is in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on August 11, 1995. If documents are stored outside the county where the documents were created, the government entity shall bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records. Such documents shall be made available to the requester.

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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 21, 1997. INSURANCE WORKERS' COMPENSATION; INVESTIGATION OF CERTAIN COMPLAINTS AGAINST INSURERS OR GROUP SELF-INSURANCE FUNDS; COSTS; PENALTIES. Code Section 33-9-40.1 Amended. No. 336 (Senate Bill No. 376). AN ACT To amend Code Section 33-9-40.1 of the Official Code of Georgia Annotated, relating to rates of workers' compensation policies issued to business entities with majority interest held by the same person, so as to authorize the Commissioner of Insurance to investigate certain complaints against insurers or workers' compensation group self-insurance funds; to authorize the Commissioner to assess the reasonable verified cost of such an investigation against the person filing the complaint if such complaint is not justified or against the insurer or fund if such complaint is justified; to authorize the assessment of an administrative penalty against certain persons whose complaints are not justified; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 33-9-40.1 of the Official Code of Georgia Annotated, relating to rates of workers' compensation policies issued to business entities with majority interest held by the same person, is amended by adding at the end thereof a new subsection (c) to read as follows: (c)(1) The Commissioner shall cause an investigation to be made of each complaint filed by a licensee under this title or under Article 5 of Chapter 9 of Title 34 or a person acting for or on behalf of such licensee against an insurer or workers' compensation group self-insurance fund alleging that such insurer or fund is: (A) Using an improper rate; (B) Using an improper classification; or

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(C) Using an improper experience modification in issuing a contract of workers' compensation insurance. (2) If the Commissioner finds the complaint to be justified, in addition to all other appropriate action under this title, the Commissioner may assess the cost of such investigation against the insurer or workers' compensation group self-insurance fund and retain the proceeds therefrom for reimbursement of the cost of conducting such investigation. (3) If the person making the complaint is a licensee under this title or under Article 5 of Chapter 9 of Title 34 or a person acting for or on behalf of such licensee and the Commissioner finds the complaint not to be justified, the Commissioner may, in addition to all other appropriate action under this title: (A) Assess the reasonable verified cost of such investigation against such person and retain the proceeds therefrom for reimbursement of the cost of conducting such investigation; and (B) If such person files six or more complaints the Commissioner finds not to be justified in any 12 month period, assess an administrative penalty not to exceed $2,000.00 for the sixth and each subsequent complaint found to be not justified. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; MUNICIPAL LANDFILLS NEAR BOMBING RANGES RESTRICTED; ROOFING SHINGLES DISPOSAL AND RECYCLING. Code Section 12-8-25.3 Amended. Code Section 12-8-40.3 Enacted. No. 341 (House Bill No. 57). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Comprehensive Solid Waste Management Act, so as to provide restrictions on applications for certain waste disposal facilities; to provide that it shall be unlawful to dispose of roofing shingles containing asphalt except in construction and demolition or municipal solid waste landfills; to provide for standards; to provide for a report by the Environmental Protection Division of the Department of Natural Resources; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the Georgia Comprehensive Solid Waste Management Act, is amended by striking in its entirety subsection (d) of Code Section 12-8-25.3, relating to restrictions on sites for certain waste disposal facilities within significant ground-water recharge areas or near military air space used as a bombing range, and inserting in lieu thereof the following: (d) Notwithstanding any other provision of law or any administrative regulation or action to the contrary, no permit shall be issued for a municipal solid waste landfill within two miles of a federally restricted military air space which is used for a bombing range. The provisions of this subsection shall apply to all permit applications pending on or after the effective date of this subsection and to all permits denied prior to such date which are the subject of an appeal or judicial review pending on such date. SECTION 2. Said article is further amended by adding, following Code Section 12-8-40.2, a new Code Section 12-8-40.3 to read as follows: 12-8-40.3. It shall be unlawful to dispose of any roofing shingles which contain asphalt except in construction and demolition or municipal solid waste landfills. SECTION 3. The Environmental Protection Division of the Department of Natural Resources in conjunction with the Pollution Prevention Assistance Division shall develop a plan, if practicable, to encourage the recycling of asphalt shingles and shall make a report on such plan to the General Assembly of Georgia by December 31, 1997. SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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REVENUE AND TAXATION EXCISE TAXES ON CHARGES TO PUBLIC FOR ACCOMMODATIONS; LOCAL CONSOLIDATED GOVERNMENTS; AUTHORITY TO LEVY; CONDITIONS. Code Section 48-13-51 Amended. No. 342 (House Bill No. 94). 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 local consolidated governments to levy such tax; to provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by 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

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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), (4.2), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 (4.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.2), to read as follows: (4.2) 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 7 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 (4.2)) 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 as follows: an amount equal to 28.58 of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows through a contract with a private sector nonprofit organization, an authority created by local Act of the General Assembly, or through a contract or contracts with any combination of such entities; an amount

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equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a civic center owned or operated, or both, by the local consolidated government; and an amount equal to 14.29 percent of the total taxes collected at the rate of 7 percent for the purpose of maintaining and operating a performing arts facility. SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows: (6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (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), (4.2), (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), (4.2), (5), or (5.1) of this subsection. SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows: (9)(A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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), (4.2), (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

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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), (4.2), (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), (4.2), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) 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 21, 1997. COURTS ORDERS PLACING DEPRIVED CHILDREN IN FOSTER CARE; PERIODIC REVIEWS OF CASES; EXTENSIONS OF ORDERS. Code Section 15-11-41 Amended. No. 343 (House Bill No. 126). AN ACT To amend Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, reports and review of determinations that reunification was not appropriate, duration of plans, review of determinations, hearings, and supplemental orders, so as to provide that following initial reviews, additional periodic reviews shall be held at six-month intervals; to change the period of time for which an order placing a deprived child in foster care may be extended; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-11-41 of the Official Code of Georgia Annotated, relating to duration and termination of orders of disposition committing delinquent or unruly children to the Department of Children and Youth Services, reports and plans regarding reunification of the family, reports and review of determinations that reunification was not appropriate, duration of plans, review of determinations, hearings, and supplemental orders, is amended by striking subsections (j) and (l) of said Code section and inserting in lieu thereof the following: (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. Following such initial review, additional periodic reviews shall be held at six-month intervals. (1) The court which made the order may extend its duration for not more than 12 months if:

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(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; (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. SECTION 2. This Act shall become effective upon its approval by the Governor or upon becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PROFESSIONS AND BUSINESSES PHYSICIAN'S ASSISTANT LICENSING; COMPOSITE STATE BOARD OF MEDICAL EXAMINERS MEMBERSHIP. Code Title 43, Chapter 34 Amended. No. 345 (House Bill No. 238). AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, so as to provide for the issuance of a license in lieu of a certificate to a physician's assistant upon approval by the Composite State Board of Medical Examiners of an application for utilization; to make conforming amendments to other provisions in said chapter; to change the provisions relating to the number and geographic representation of members of such board; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, physician's assistants, and respiratory care, is amended by striking in its entirety paragraph (1) of subsection (e) of Code Section 43-34-21, relating to the creation of the Composite State Board of Medical Examiners, and inserting in lieu thereof the following: (e)(1) The board shall appoint a Physician's Assistants Advisory Committee composed of four physicians, at least two of whom shall be members of the board, and four licensed physician's assistants, who shall each serve for terms of office of two years and until their successors are appointed and qualified. The committee shall review matters to come before the board which relate to physician's assistants, including but not limited to applicants for physician's assistant licensure and relicensure and education requirements therefor, and proposed board regulations concerning physician's assistants. The committee shall periodically make recommendations to the board regarding matters reviewed. Each member of the advisory committee shall be entitled to the same expense allowances, mileage allowances, and reimbursement as members of the board as provided for in subsection (f) of Code Section 43-1-2. SECTION 1.1. Said chapter is further amended by striking Code Section 43-34-22, relating to the number and geographic representation of the members of the State Board of Medical Examiners, and inserting in its place the following: 43-34-22. The members of the State Board of Medical Examiners shall serve for a term of four years and until successors are appointed and qualified. All reappointments and new appointments shall be made so that the various geographic regions of the state shall be represented. Any vacancy that may occur in the board as a result of death, resignation, removal from the state, or other cause shall be filled for the unexpired term in the same manner as regular appointments are made. SECTION 2. Said chapter is further amended by striking in its entirety paragraph (9) of subsection (a) of Code Section 43-34-26.1, relating to delegation of authority to a nurse or physician's assistant, and inserting in lieu thereof the following:

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(9) `Physician's assistant' means a person licensed as a physician's assistant pursuant to Article 4 of this chapter, the `Physician's Assistant Act.' SECTION 3. Said chapter is further amended by striking in their entirety subsections (a) and (b) and paragraph (2) of subsection (e.1) of Code Section 43-34-103, relating to applications for utilization of a physician's assistant, and inserting in lieu thereof the following: (a) In order to obtain approval for the utilization of a person as a physician's assistant, whether the utilization is in a private practice or through a public or private health care institution or organization, the licensed physician who will be responsible for the performance of that assistant shall submit an application to the board. Such application shall include: (1) Evidence submitted by the proposed physician's assistant of his or her good moral character; (2) Evidence of his or her competency in a health care area related to the job description which, as a minimum, shall include: (A) Evidence of satisfactory completion of a training program approved by the board. If the applicant is not a graduate of an accredited school approved by the board, he or she shall be required to receive board approved refresher training and testing; (B) A finding by the board approved evaluation agency that the proposed physician's assistant is qualified to perform the tasks described in the job description; and (C) Evidence that the person who is to be used as a physician's assistant has achieved a satisfactory score on an appropriate examination outlined, approved, or administered by the board. The board may issue a temporary permit to any applicant for licensure who has satisfied the provisions of subparagraphs (A) and (B) of this paragraph and who is an applicant for the next available board approved or administered examination or who has completed this examination and is awaiting the results of such examination. The temporary permit shall expire upon notification of the applicant's failure to achieve a satisfactory score on the board approved or administered examination; (3) A job description, signed by the applying physician, which shall include: (A) The qualifications, including related experience, possessed by the proposed physician's assistant;

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(B) The professional background and specialty of the physician submitting the application; and (C) A description of the physician's practice and the way in which the assistant is to be utilized; and (4) A fee, established by the board; provided, however, that no fee will be required if the physician's assistant is an employee of the state or county government. (b) No physician shall have more than two physician's assistants licensed to him or her at any one time. However, a physician may supervise more than two physician's assistants while on call for a solo practitioner or as a member of a group practice setting, for example, clinics, hospitals, and other institutions. The physician taking call must be approved to supervise the physician's assistant of the physician for whom he or she is taking call. (2) Nothing in this subsection shall be construed to create a presumption of liability, either civil or criminal, on the part of a pharmacist who is duly licensed under Title 26 and who in good faith fills a prescription drug or device order presented by a patient pursuant to this subsection. The pharmacist shall presume that the prescription drug or device order was issued by a physician's assistant duly licensed under this chapter who has qualified under this Code section to prescribe pharmaceutical agents. The pharmacist shall also presume that the pharmaceutical agent prescribed by the physician's assistant is an approved pharmaceutical agent, unless the pharmacist has actual or constructive knowledge to the contrary. SECTION 4. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-34-104, relating to approval or disapproval of an application for utilization of a physician's assistant, and inserting in lieu thereof the following: (a) Within a reasonable time after receipt of the documents required by Code Section 43-34-103, the board shall give to the applicant written notice of approval or disapproval of the application; and, if approval of the application is given, the board shall issue to the assistant a license authorizing the assistant to perform medical tasks under the direction and supervision of the applying physician. SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-34-107, relating to termination of approval and revocation of a certificate, and inserting in lieu thereof the following: (a) The approval of a physician's utilization of a physician's assistant may be terminated and the license revoked by the board when, after due

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notice and a hearing, in accordance with this Code section, it shall find that the assistant is incompetent or has committed unethical or immoral acts, including, but not limited to, holding himself or herself out or permitting another to represent him or her as a licensed physician; performing otherwise than at the direction of a physician approved by the board to utilize the assistant's services; habitually using intoxicants or drugs to such an extent that he or she is unable safely to perform as an assistant to the physician; or being convicted in any court, state or federal, of any felony or other criminal offense involving moral turpitude. SECTION 6. This Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. SOCIAL SERVICES MEDICAL ASSISTANCE; LONG-TERM CARE FACILITIES; REUSE OF UNIT DOSAGE DRUGS. Code Section 49-4-152.3 Enacted. No. 346 (House Bill No. 273). AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, so as to provide for the reuse of unused unit dosage drugs in certain long-term care facilities; to provide for statutory construction; 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 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows: 49-4-152.3. (a) As used in this Code section, the term: (1) `Long-term care facility' or `facility' means an intermediate care home, skilled nursing home, or intermingled home subject to regulation as such by the Department of Human Resources.

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(2) `Unit dosage drug' means any dangerous drug regulated under Chapter 13 of Title 16 which is individually packaged to contain only one dosage of such drug and which includes on such packaging the brand or generic name, strength, lot number, and expiration date of such drug. (b) Unit dosage drugs may be returned to the dispensing pharmacy for reuse. The department and the State Board of Pharmacy shall promulgate regulations which permit the reuse of prescribed but unused unit dosage drugs for a resident of a long-term care facility other than the resident for whom the drug was originally prescribed, but only when: (1) The cost of those drugs has been paid for or reimbursed under this article; and (2) The drugs are unused because the resident for whom the drugs were originally prescribed: (A) Has died; (B) Has had such resident's prescription changed so as no longer to require those drugs; or (C) Otherwise no longer needs those drugs. The consent of the resident for whom the unused drugs were originally prescribed shall not be required for such reuse of prescribed unit doses. Such reuse shall only be authorized by a resident of a long-term care facility for whom the specific dosage of that unused drug has been prescribed when payment or reimbursement for that drug for that resident is otherwise permitted under this article. Nothing in this Code section shall require a pharmaceutical manufacturer to provide a rebate based on the reuse of any unused unit dosage drug. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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DEBTOR AND CREDITOR GARNISHMENT; SUMMONS UPON FINANCIAL INSTITUTION; SAFE-DEPOSIT BOX CONTENTS; RELIEF AND IMMUNITY FROM LIABILITY IN CERTAIN CIRCUMSTANCES; COST REIMBURSEMENTS. Code Title 18, Chapter 4 Amended. No. 347 (House Bill No. 307). AN ACT To amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, so as to require additional information to be provided on certain affidavits and summonses; to provide for property in safe-deposit boxes; to provide for a new form; to provide for relief from liability for certain failures to answer, for attaching liens, and for freezing, paying, or delivering into court certain property or money; to provide for immunity from liability regarding certain association accounts and fiduciary accounts; to provide for cost reimbursements; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment, is amended by adding immediately following subsection (h) of Code Section 18-4-20, relating to property subject to garnishment, a new subsection (i) to read as follows: (i) A summons of garnishment upon a financial institution, or an attachment thereto, shall state with particularity all of the following information, to the extent reasonably available to the plaintiff: (1) The name of the defendant, and, to the extent such would reasonably enable the garnishee to answer properly the summons, all known configurations, nicknames, aliases, former or maiden names, trade names, or variations thereof; (2) The service address and the current addresses of the defendant and, to the extent such would reasonably enable the garnishee to answer properly the summons of garnishment and such is reasonably available to the plaintiff, the past addresses of the defendant; (3) The social security number or federal tax identification number of the defendant; and (4) Account, identification, or tracking numbers known or suspected by the plaintiff to be used by the garnishee in the identification or administration of the defendant's funds or property. A misspelling of any information required by paragraph (1) or (2) of this subsection, other than the surname of a natural person defendant, shall

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not invalidate a summons of garnishment, so long as such information is not misleading in a search of the garnishee's records. SECTION 2. Said chapter is further amended by adding immediately following paragraph (6) of Code Section 18-4-66, relating to forms for postjudgment garnishment, a new paragraph (7) to read as follows: (7) Attachment to summons of garnishment upon a financial institution. IN THE_____COURT OF_____COUNTY STATE OF GEORGIA __________ ) Plaintiff ) ) v. ) Civil action ) File no. _____ ) __________ ) Defendant ) ) __________ ) Other known names ) of Defendant ) ) __________ ) Current and past ) addresses of Defendant ) ) __________ ) Social security number ) or federal tax ) identification number ) of Defendant ) )

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__________ ) Account or identification ) numbers of Defendant ) used by Garnishee ) ) __________ ) Other allegations ) ) __________ ) Garnishee ) SECTION 3. Said chapter is further amended by striking Code Section 18-4-84, relating to delivery of money or property to court, and inserting in its place the following: 18-4-84. Along with the answer, the garnishee shall deliver to the court the money or other property admitted in the answer to be subject to garnishment. If in answering the summons of garnishment, as provided in Code Section 18-4-82, the garnishee shall state that the property of the defendant includes property in a safe-deposit box or similar property, the garnishee shall answer to the court issuing the summons of garnishment as to the existence of such safe-deposit box and shall hold any contents of such safe-deposit box until the earlier of: (1) Further order of said court either releasing the garnishment or specifically requiring the garnishee to open such safe-deposit box and deliver any contents thereof to said court upon conditions prescribed by said court; or (2) The elapsing of 120 days from the date of filing of the answer to the summons of garnishment unless such time has been extended by the court. SECTION 4. Said chapter is further amended by adding immediately following Code Section 18-4-92, a new Code section to read as follows: 18-4-92.1. (a) A garnishee may be relieved from liability for failure to answer properly the summons of garnishment if the plaintiff failed to provide

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the information required by subsection (i) of Code Section 18-4-20 that would reasonably enable the garnishee to answer properly the summons of garnishment and a good faith effort to locate the requested property was made by the garnishee based on the information provided by the plaintiff. In determining whether a garnishee may be relieved of liability imposed by Code Section 18-4-92, the court shall consider and compare the accuracy and quantity of the information supplied by the plaintiff pursuant to subsection (i) of Code Section 18-4-20 with the manner in which the garnishee maintains and locates its records, the compliance by the garnishee with its own procedures, and the conformity of the record systems and procedures with reasonable commercial standards prevailing in the area in which the garnishee is located. (b) A garnishee and a plaintiff shall not be subject to liability to any party or nonparty to the garnishment at issue arising from the attachment of a lien, the freezing, payment, or delivery into court of property, money, or effects reasonably believed to be that of the defendant if such attachment, freezing, payment, or delivery is reasonably required by a good faith effort to comply with the summons of garnishment. In determining whether such compliance by a garnishee is reasonable, the court shall proceed in the manner prescribed in subsection (a) of this Code section by comparing the efforts of the plaintiff to comply with subsection (i) of Code Section 18-4-20 and the garnishee's record system and procedures. (c)(1) As used in this subsection, the term: (A) `Association account' means any account, or any safe-deposit box or similar property, maintained by a corporation, statutory close corporation, limited liability company, partnership, limited partnership, limited liability partnership, foundation, trust, a national, state, or local government or quasi-government entity, or any other incorporated or unincorporated association. (B) `Fiduciary account' means any account, or any safe-deposit box, maintained by any party in a fiduciary capacity for any other party other than the defendant in garnishment. Without limiting the foregoing, for purposes of this subsection, the term fiduciary account shall include any `trust account' as defined in Code Section 7-1-810, any account created pursuant to a transfer governed by Code Section 44-5-119, and any agency account or safe-deposit box governed by a power of attorney or other written designation of authority. (2)(A) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in an association account that may be subject to garnishment by reason of the fact that a defendant is an authorized signer on such association account, unless the summons of garnishment alleges that the association account is being used by the defendant for an improper or unlawful purpose.

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(B) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment if such account specifically is exempted from garnishment by the laws of this state. (C) A garnishee shall not be liable for failure to deliver to the court property, money, or effects in a fiduciary account that may be subject to garnishment by reason of the fact that a defendant is a fiduciary of the fiduciary account, unless the summons of garnishment is against the defendant in the defendant's capacity as a fiduciary of the fiduciary account or the summons of garnishment alleges that the fiduciary account is being used by the defendant for an improper or unlawful purpose. SECTION 5. Said chapter is further amended by adding at the end of Code Section 18-4-97, relating to garnishee's expenses, a new subsection to read as follows: (d) Nothing in this Code section shall limit the reimbursement of costs incurred by a financial institution as provided by Code Section 7-1-237. SECTION 6. This Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. EVIDENCE MEDICAL REPORTS IN CASES INVOLVING INJURY OR DISEASE. Code Section 24-3-18 Enacted. No. 348 (House Bill No. 325). AN ACT To amend Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, so as to provide for the authenticity of medical reports; to provide for admissibility of such medical reports; to provide for objections and cross-examination; to provide for presentation of medical narratives to the jury; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 3 of Title 24 of the Official Code of Georgia Annotated, relating to hearsay in general, is amended by adding a new Code Section 24-3-18 at the end thereof to read as follows: 24-3-18. (a) Upon the trial of any civil case involving injury or disease, any medical report in narrative form which has been signed and dated by an examining or treating licensed medical doctor, dentist, orthodontist, podiatrist, physical or occupational therapist, doctor of chiropractic, psychologist, advanced practice nurse, social worker, professional counselor, or marriage and family therapist shall be admissible and received in evidence insofar as it purports to represent the history, examination, diagnosis, treatment, prognosis, or interpretation of tests or examinations, including the basis therefor, by the person signing the report, the same as if that person were present at trial and testifying as a witness; provided, however, that such report and notice of intention to introduce such report must first be provided to the adverse party at least 60 days prior to trial. A statement of the qualifications of the person signing the report may be included as part of the basis for providing the information contained therein, and the opinion of the person signing the report with regard to the etiology of the injury or disease may be included as part of the diagnosis. Any adverse party may object to the admissibility of any portion of the report, other than on the ground that it is hearsay, within 15 days of being provided with the report. Further, any adverse party shall have the right to cross-examine the person signing the report and provide rebuttal testimony. The party tendering the report may also introduce testimony of the person signing the report for the purpose of supplementing the report or otherwise. (b) The medical narrative shall be presented to the jury as depositions are presented to the jury and shall not go out with the jury as documentary evidence. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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RETIREMENT AND PENSIONS GEORGIA FIREMEN'S PENSION FUND; FINANCING; TAXES ON PREMIUMS CHARGED FOR CERTAIN INSURANCE COVERAGE; REFUNDS. Code Section 47-7-61 Amended. No. 349 (House Bill No. 333). AN ACT To amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to state the base upon and manner in which a certain tax is levied on premiums on certain insurance policies; to provide a mechanism for the refund of taxes erroneously or illegally paid; 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. Article 4 of Chapter 7 of Title 47, relating to financing the Georgia Firemen's Pension Fund, is amended by striking in its entirety Code Section 47-7-61, relating to a tax on premiums charged by fire insurance companies for certain classes of coverage, and inserting in lieu thereof the following: 47-7-61. (a)(1) Every fire insurance company, corporation, or association doing business within this state and writing fire, lightning, or extended coverage, inland marine or allied lines, or windstorm insurance policies covering risks located within this state shall on or before April 1 of each year file a return with and pay to the Georgia Firemen's Pension Fund a tax of 1 percent of the amounts properly reported for the calendar year preceding the filing of such return on the Exhibit of Premiums and Losses of the Annual Statement form for property and casualty insurance companies adopted by the National Association of Insurance Commissioners as required by Title 33 or by the regulations of the Insurance Commissioner with respect to business conducted within this state to be filed by such company, corporation, or association with the Insurance Commissioner, as follows: (A) One hundred percent of the gross direct premiums written for fire insurance coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 1, column (2) of the Exhibit of Premiums and Losses; (B) Fifty percent of the gross direct premiums written for allied lines insurance coverage, less the exclusions permitted by paragraph

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(2) of this subsection, as required to be reported on line 2.1, column (2) of the Exhibit of Premiums and Losses; (C) Sixty five percent of the gross direct premiums written for homeowner's multiple peril coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 4, column (2) of the Exhibit of Premiums and Losses; (D) One hundred percent of the gross direct premiums written for commercial multiple peril coverage, less the exclusions permitted by paragraph (2) of this subsection, as required to be reported on line 5.1, column (2) of the Exhibit of Premiums and Losses; (E) Thirty percent of the gross direct premiums written for inland marine insurance coverage, as required to be reported on line 9, column (2) of the Exhibit of Premiums and Losses; (F) Twelve percent of the gross direct premiums written for private passenger automobile physical damage insurance coverage, as required to be reported on line 21.1, column (2) of the Exhibit of Premiums and Losses; and (G) Twelve percent of the gross direct premiums written for commercial automobile physical damage insurance coverage, as required to be reported on line 21.2, column (2) of the Exhibit of Premiums and Losses. (2) If property covered under any policy for which gross premiums are reported as required by paragraph (1) of this subsection is served by public fire suppression facilities which are rated less favorably than a class nine rating under standards set forth in the Fire Suppression Rating Schedule, Section I, Public Fire Suppression, Edition 6-80, Copyright 1980, published by the Insurance Services Office, a rating organization licensed by the Commissioner of Insurance, which schedule is maintained on file with the Commissioner of Insurance as required by general law and which has not been disapproved by the Commissioner, or less than a rating which the board by regulation determines is substantially equivalent under rating standards published by an organization licensed by the Commissioner of Insurance performing similar rating functions, which standards are maintained on file with the Commissioner of Insurance and which have not been disapproved by the Commissioner, then and to that extent the premiums under such policy shall be excluded in determining the tax imposed under this Code section. The amount of such exclusion shall be reported on the returns filed with the board. (3) Returns shall be made on forms prescribed by the board. (4) Taxes imposed by this Code section shall bear interest from the due date until paid at the rate of interest which judgments entered in the courts of this state bear as prescribed by law.

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(5) The tax imposed by this Code section is in addition to any and all other premium taxes now imposed by law. (6) If the Exhibit of Premiums and Losses of the Annual Statement form for property and casualty insurance companies adopted by the National Association of Insurance Commissioners required by Title 33 or by the regulations of the Insurance Commissioner to be filed by such company, corporation, or association with the Insurance Commissioner is changed, the board of trustees shall by regulation designate and set forth in the form of tax returns prescribed by the board the portions of the annual return required to be filed by such company, corporation, or association with the Insurance Commissioner thereunder, which corresponds in content to the content required to report and calculate the tax imposed under paragraph (1) of this subsection. (b) If a fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes imposed by this Code section, the secretary-treasurer shall report such delinquency to the Commissioner of Insurance. The Commissioner of Insurance is authorized and directed upon receipt of such report, after notice and hearing, immediately to cancel such delinquent's license to do business within this state. (c) If any fire insurance company, corporation, or association knowingly or willfully fails to file a return or pay the taxes due as imposed by this Code section, there shall be imposed, in addition to the tax and interest thereon, a penalty not greater than 25 percent of the taxes due or $1,000.00, whichever is greater, in the discretion of the board. (d) The board may in its name bring such actions as it may determine appropriate to collect any liability imposed by this Code section. (e)(1) A claim for the refund of any tax erroneously or illegally assessed and collected or paid, including any claim that the tax was imposed under a statute or an application of a statute which violates the Georgia Constitution or the Constitution of the United States, may be made by the taxpayer in writing filed with the board at any time within one year after the date on which the board received such tax. Such written claim shall include a detailed statement of the grounds upon which the taxpayer relies. Following the filing of such claim, the taxpayer shall provide to the board such additional information as the board in writing requires to evaluate the claim. The taxpayer's failure to provide any information so requested which is available to the taxpayer shall permit the board to deny the claim and shall bar any subsequent taxpayer suit for refund permitted by this Code section. (2) A taxpayer whose timely claim for refund is denied or has not been decided by the board within 180 days after it is filed may bring an action for a refund of not more than the amount set forth in the

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claim. Such action shall be brought in the Superior Court of the county in which the board's principal office is located. Such action shall name as the defendant the Georgia Firemen's Pension Fund and not members of the board or any officer or employee of the board. Service of the summons and complaint in such action shall be made upon the secretary-treasurer of the fund. No such action shall be commenced after the expiration of 180 days after the claim has been denied by the board or, if the board has not acted on the claim, within one year of the date the claim was filed with the board. No sum for which a refund is determined to be due shall bear interest until and only from the date the board has approved the claim or a final judgment for such amount has been entered. Such interest shall be calculated at the rate of 7 percent per annum. No taxpayer shall be authorized to obtain a refund or maintain any action or proceeding for refund and no court shall have jurisdiction to award any refund against the fund or the board or its members, officers, or employees except as provided in this subsection. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. RETIREMENT AND PENSIONS TRIAL JUDGES AND SOLICITORS RETIREMENT FUND; MANDATORY RETIREMENT AGE FOR MEMBERS. Code Section 47-10-100 Amended. No. 350 (House Bill No. 348). AN ACT To amend Article 6 of Chapter 10 of Title 47 of the Official Code of Georgia Annotated, relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, so as to change the mandatory retirement age; 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 10 of Title 47, relating to retirement allowances and disability benefits for the Trial Judges and Solicitors Retirement Fund, is

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amended by striking in its entirety subsection (a) of Code Section 47-10-100, relating to retirement age and retirement benefits, and inserting in its place the following: (a) Except as otherwise provided in this subsection, any member who has attained 75 years of age must retire by the first day of the calendar month following that in which he or she attains 75 years of age, or such member shall forfeit his or her right to receive any retirement or disability benefits under this chapter, provided that a member who held office as a juvenile court judge or as a judge or solicitor of the inferior courts on July 1, 1980, shall not be required to retire, regardless of age, in accordance with this subsection. If any member fails to retire after attaining the age of 75 years as required by this subsection, thereby forfeiting the right to receive any retirement benefits under this chapter, all employer and employee contributions made by or on behalf of such member shall cease, and the member shall be entitled to withdraw all employee contributions made pursuant to this chapter. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CIVIL ACTIONS ARGUMENTS OF COUNSEL; WHICH PARTY ENTITLED TO OPENING AND CONCLUDING ARGUMENTS. Code Section 9-10-186 Enacted. No. 351 (House Bill No. 369). AN ACT To amend Article 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, so as to provide which parties are entitled to opening and concluding arguments; to provide that in civil actions for personal injuries the defendant shall be deemed not to have admitted a prima-facie case 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. Article 8 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to argument and conduct of counsel, is amended by adding at the end thereof a new Code Section 9-10-186 to read as follows:

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9-10-186. In civil actions, where the burden of proof rests with the plaintiff, the plaintiff is entitled to the opening and concluding arguments except that if the defendant introduces no evidence or admits a prima-facie case, the defendant shall be entitled to open and conclude. In civil actions for personal injuries, the defendant shall be deemed not to have admitted a prima-facie case if such defendant introduces any evidence as to the extent of damages, other than cross-examination of the plaintiff and witnesses called by the plaintiff. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. COURTS SHERIFFS-ELECT SPECIALIZED TRAINING; SHERIFFS ANNUAL TRAINING. Code Sections 15-16-1 and 15-16-3 Amended. No. 352 (House Bill No. 397). AN ACT To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to provide a statement of legislative intent; to provide for training for new sheriffs; to provide for a course of annual training; 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. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by redesignating subsection (f) of Code Section 15-16-1, relating to qualifications and training requirements for sheriffs, as subsection (e) and by striking in its entirety current subsection (e), which reads as follows:

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(e) Annual training. (1) From and after July 1, 1992, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the basic course of training in accordance with the provisions of this chapter after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the basic course is completed. (3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. SECTION 2. Said article is further amended by striking in its entirety Code Section 15-16-3, relating to the sheriffs' basic training course, and inserting in lieu thereof the following: 15-16-3. (a) Intent. The General Assembly declares it to be the purpose of this Code section to promote the orderly transfer of the law enforcement power of the several counties of this state in connection with the expiration of the term of office of the sheriff and the taking of office of the newly elected sheriff. The interest of the State of Georgia requires that such transitions in the office of the sheriff be accomplished so as to assure continuity in the conduct of the peace-keeping functions of the several counties of this state. Any disruption occasioned by the transfer

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of the law enforcement power to a person not properly versed and trained in law enforcement and the operations of the office of sheriff is declared to be detrimental to the safety and well-being of the citizens of the several counties of this state and of the entire state. Accordingly, it is the intent of the General Assembly that appropriate training be required of sheriffs who are newly elected so as to avoid or minimize any disruption in the performance of the duties and responsibilities or the authority of the sheriffs of the several counties of this state. This training shall be generally devoted to contemporary law enforcement, investigation, judicial process, and correction practices and specifically shall be germane to the duties and operational functions of the office of sheriff in the several counties of this state. Further, the purpose of this Code section is to promote professionalism within the office of sheriff by ensuring the highest possible quality of law enforcement training is offered to each sheriff on an annual basis. Accordingly, it is the intent of the General Assembly that appropriate ongoing training be required of all sheriffs. This training shall be generally devoted to contemporary law enforcement, investigation, judicial process, and corrections practices and specifically shall be germane to the duties and operational functions of the office of sheriff in the several counties of this state. (b) Sheriffs-elect specialized training. Any person elected to the office of sheriff in a county of this state who was not serving as a duly elected or appointed sheriff on or before July 1, 1976, shall enroll in, attend, and successfully complete a course of sheriffs-elect specialized training and instruction established and provided by the Georgia Sheriffs' Association with the assistance of the Georgia Public Safety Training Center. Such course of instruction shall be held every four years at a time to be designated by the Georgia Sheriffs' Association. Any newly elected sheriff who is unable to attend such training course when it is offered because of medical disability or providential cause shall, within one year from the date such disability or cause terminates, complete a course of instruction as determined by the Georgia Sheriffs' Association and approved by the Georgia Peace Officer Standards and Training Council. Any newly elected sheriff who does not fulfill the obligations of this subsection shall lose his or her power of arrest. (c) Compensation. A newly elected sheriff who enrolls in and attend a course of training and instruction as described in subsection (b) of this Code section shall be paid compensation for his or her attendance on a weekly basis at the successful completion of each week's training. The compensation shall be paid by the Georgia Sheriffs' Association using funds appropriated by the state for such purpose or from federal funds available for such purpose. The compensation shall be in an amount equal to a proportionate part of the annual salary to be received by the new sheriff of the least populated county in this state for each week spent in attendance at the course of training and instruction. For the purposes of this Code section, five days of training and instruction shall be considered one week.

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(d) Costs. The cost of training, housing, travel, and meals appropriate to the course of training and instruction shall be paid by the Georgia Sheriffs' Association from state funds appropriated for such purpose or from federal funds available for such purpose. (e) Annual training. (1) From and after July 1, 1997, no person shall be eligible to hold the office of sheriff unless he or she attends a minimum of 20 hours' training annually as may be selected by the Georgia Sheriffs' Association. (2) The basis for the minimum annual requirement of in-service training shall be the calendar year. Sheriffs who satisfactorily complete the sheriffs-elect specialized training in accordance with the provisions of this Code section after April 1 in any calendar year shall be excused from the minimum annual training requirement for the calendar year during which the sheriffs-elect specialized training course is completed. (3) A waiver of the requirement of minimum annual in-service training may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a sheriff that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. (4) Any person who fails to complete the minimum annual in-service training required under this Code section and who has not received a waiver of such requirement pursuant to paragraph (3) of this subsection shall not perform any of the duties of sheriff involving the power of arrest until such training shall have been successfully completed. In addition, the Governor may suspend from office without pay for a period of 90 days any sheriff who fails to complete the minimum annual in-service training required under this Code section. The probate judge of the county of the sheriff's residence shall appoint a person who meets the qualifications for sheriff pursuant to this Code section to assume the duties and responsibilities of the office of sheriff during any such period of suspension. SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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MOTOR VEHICLES AND TRAFFIC SPEED DETECTION DEVICES; APPROVAL, APPLICATION, AND AUTHORIZED USE. Code Section 40-14-2 Amended. No. 353 (House Bill No. 398). AN ACT To amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, so as to provide that sheriffs may approve of the use of radar; to prohibit sheriffs from using radar in certain circumstances; to require employment of at least one full-time officer as a condition of receiving a speed detection device permit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices, is amended by striking in its entirety Code Section 40-14-2, relating to the permit required for radar use, 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 sheriffs of such counties, or the governing authorities of such counties, or the governing authorities of such 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 sheriff, county or municipal governing authority, 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 at least one full-time certified peace officer. Speed detection devices can only be operated by full-time registered or certified peace officers of the county, municipality, college, or university to which the permit is applicable.

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SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. REVENUE AND TAXATION AD VALOREM TAXATION; COMMERCIAL VEHICLES. Code Title 48, Chapter 5, Article 2 Amended. No. 354 (House Bill No. 418). AN ACT 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 classify certain commercial vehicles as a separate class of property for ad valorem tax purposes; to provide for a separate method of returning and valuation of such vehicles; to provide for definitions; to provide for procedures; 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 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 adding a new paragraph immediately following paragraph (1) of Code Section 48-5-440, relating to definitions, to be designated paragraph (1.1), to read as follows: (1.1) `Commercial vehicle' means a truck, truck-tractor, trailer, or semitrailer which is a commercial vehicle: (A) Registered or registerable under the International Registration Plan pursuant to Code Section 40-2-88; or (B) Would otherwise be registerable under the International Registration Plan pursuant to Code Section 40-2-88 except that such vehicle is only engaged in intrastate commerce. SECTION 2. Said article is further amended by adding a new subsection at the end of Code Section 48-5-441, relating to classification of motor vehicles and

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mobile homes as separate classes of tangible property, to be designated subsection (c), to read as follows: (c) For the purposes of ad valorem taxation, commercial vehicles are classified as a separate and distinct class of tangible property. The procedures prescribed by this article for returning commercial vehicles for taxation and for determining the valuation of commercial vehicles shall be exclusive and as provided for in Code Section 48-5-442.1. All other procedures prescribed by this article for the taxation of motor vehicles shall be applicable to the taxation of commercial vehicles. SECTION 3. Said article is further amended by adding a new subsection at the end of Code Section 48-5-442, relating to uniform evaluation of motor vehicles, to be designated subsection (c), to read as follows: (c) This Code section shall not apply to commercial vehicles. SECTION 4. Said article is further amended by adding a new Code section immediately following Code Section 48-5-442, to be designated Code Section 48-5-442.1, to read as follows: 48-5-442.1. (a) As used in this Code section, the term: (1) `Georgia fleet mileage ratio' means a fraction, the numerator of which is the total miles driven in Georgia by all commercial vehicles registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, and the denominator of which is the total miles driven within and without Georgia by such commercial vehicles. (2) `Gross capital cost' means the freight on board, delivered cost of a commercial vehicle to the purchaser of such commercial vehicle but shall not include any excise or use taxes paid as a part of such purchase. (b) The valuation of a commercial vehicle for ad valorem tax purposes shall be determined as follows: (1) The gross capital cost of a commercial vehicle shall be multiplied by a percentage factor representing the remainder of such vehicle's value after depreciation according to a depreciation schedule which the commissioner shall annually prepare and distribute to each of the tax collectors and tax commissioners. Except as provided in paragraph (2) of this subsection, the resulting value of such commercial vehicle shall be assessed at the rate of 40 percent of such value for ad valorem tax purposes in this state.

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(2) For a trailer, a semitrailer, or a commercial vehicle which is registered in Georgia under the International Registration Plan pursuant to Code Section 40-2-88, the assessment calculated under paragraph (1) of this subsection shall be multiplied by the Georgia fleet mileage ratio. The resulting apportioned value shall be the Georgia assessed value of the commercial vehicle for ad valorem tax purposes in this state. SECTION 5. This Act shall become effective on January 1, 1998. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. REVENUE AND TAXATION EXCISE TAX ON CHARGES TO PUBLIC FOR ACCOMMODATIONS; COUNTIES AND MUNICIPALITIES; AUTHORITY TO LEVY; CONDITIONS. Code Section 48-13-51 Amended. No. 355 (House Bill No. 425). 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 provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodgings, and accommodations, is amended by 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

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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), (4.2), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (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 (4.1) of subsection (a) of Code Section 48-13-51,

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relating to the levy and collection of certain excise taxes, to be designated paragraph (4.2), to read as follows: (4.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 7 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 (4.2)) amounts as follows: an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows which amount shall be expended only through a contract or contracts with the state, a department of state government, a state authority, an authority created by local Act of the General Assembly, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities; and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of supporting a conference and convention center facility or similar facility owned or operated by an authority created by local Act of the General Assembly for convention and conference center purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on or prior to July 1, 1997, and if such conference and convention center facility or similar facility is substantially completed and in operation prior to July 1, 2000, which amounts shall be expended only through a contract or contracts with the state or an authority created by local Act of the General Assembly. SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows: (6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (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), (4.2), (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), (4.2), (5), or (5.1) of this subsection. SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection

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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), (4.2), (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), (4.2), (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), (4.2), (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), (4.2), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (5), or (5.1) 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 21, 1997.

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REVENUE AND TAXATION AD VALOREM TAXATION; EXEMPTION FOR PUBLIC PROPERTY; HOMESTEAD EXEMPTION APPLICATIONS; TANGIBLE PERSONAL PROPERTY INVENTORY EXEMPTION APPLICATIONS; COUNTY DIGEST SUBMISSION DEADLINES; REPEAL OF DIGEST SUBMISSION DEADLINE PROVISION FOR COUNTIES OF NOT LESS THAN 81,300 AND NOT MORE THAN 89,000 POPULATION. Code Title 48, Chapter 5 Amended. No. 356 (House Bill No. 459). AN ACT To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to clarify the applicability of exemption with respect to public property to include certain property held for the benefit of a county, municipality, or school district; to provide for conditions under which homestead exemptions shall be wholly or partially waived for a taxable year; to provide for conditions under which the tangible personal property inventory exemption shall be wholly or partially waived for a taxable year; to change certain provisions regarding the time the county board of tax assessors shall complete its revision and assessment of returns; to repeal certain provisions with respect to revising and assessing returns in all counties of this state having a population of not less than 81,300 nor more than 89,000 according to the United States decennial census of 1990 or any future such census; 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. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking paragraph (1) of subsection (a) of Code Section 48-5-41, relating to property which is exempt from ad valorem property taxes, and inserting in its place a new paragraph (1) to read as follows: (1)(A) Except as provided in this paragraph, all public property. (B) No public real property which is owned by a political subdivision of this state and which is situated outside the territorial limits of the political subdivision shall be exempt from ad valorem taxation unless the property is: (i) Developed by grading or other improvements to the extent of at least 25 percent of the total land area and facilities are located on the property which are actively used for a public or governmental purpose;

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(ii) Three hundred acres or less in area; (iii) Located inside a county embracing all or part of a municipality owning such property; or (iv) That portion of any real property which has been designated as a watershed by the United States Soil and Water Conservation Service and used as a watershed by the political subdivision owning the property. (C) Property which is owned by and used exclusively as the general state headquarters of a nonprofit corporation organized for the primary purpose of encouraging cooperation between parents and teachers to promote the education and welfare of children and youth, notwithstanding the fact that such nonprofit corporation may derive income from fees or dues paid by persons, organizations, or associations to affiliate with such nonprofit corporation, shall be considered to be an extension of the public schools of this state and such property shall be considered to be public property within the meaning of this paragraph. (D) Property which is held by a Georgia nonprofit corporation whose income is exempt from federal income tax pursuant to Section 115 of the Internal Revenue Code of 1986 and held exclusively for the benefit of a county, municipality, or school district shall be considered to be public property within the meaning of this paragraph. SECTION 2. Said chapter is further amended by striking subsection (a) of Code Section 48-5-45, relating to applications for homestead exemptions, and inserting in its place a new subsection (a) to read as follows: (a) An applicant seeking a homestead exemption as provided in Code Section 48-5-44 shall file on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 and, in the case of an exemption from taxes levied by a consolidated city-county government, on or before the closing date for the return of ad valorem taxes for the county in which such applicant resides as provided in Code Section 48-5-18 of the year in which exemption from taxation is sought a written application and schedule with the tax receiver or tax commissioner charged with the duty of receiving returns of property for taxation. The failure to file properly the application and schedule shall constitute a waiver of the homestead exemption on the part of the applicant failing to make the application for such exemption for that year until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application

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and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year. SECTION 3. Said chapter is further amended by striking subsection (c) of Code Section 48-5-48.1, relating to applications for the tangible personal property inventory exemption, and inserting in its place a new subsection (c) to read as follows: (c)(1) For purposes of this subsection, the term `file properly' shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. (2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows: (A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year. SECTION 4. Said chapter is further amended by striking Code Section 48-5-302, relating to the time for submission of digests to the county tax receiver or tax commissioner, and inserting in its place a new Code Section 48-5-302 to read as follows: 48-5-302. Each county board of tax assessors shall complete its revision and assessment of the returns of taxpayers in its respective county by July 1 of each year, except that, in all counties providing for the collection and payment of ad valorem taxes in installments such date shall be June 1 of each year. The tax receiver or tax commissioner shall then immediately

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forward one copy of the completed digest to the commissioner for examination and approval. SECTION 5. (a) Except as otherwise provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Sections 2, 3, and 4 of this Act shall become effective on January 1, 1998, and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. RETIREMENT AND PENSIONS GEORGIA FIREMEN'S PENSION FUND; JUDGES OF THE PROBATE COURTS RETIREMENT FUND; SHERIFFS' RETIREMENT FUND OF GEORGIA; PEACE OFFICERS' ANNUITY AND BENEFIT FUND; INVESTMENTS BY BOARDS OF TRUSTEES IN CERTAIN CORPORATIONS. Code Title 47 Amended. No. 357 (House Bill No. 463). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that the boards of trustees of certain retirement systems may invest in certain 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. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety subsection (b) of Code Section 47-7-23, relating to the powers and duties of the board of trustees of the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following: (b) The board shall have the full power to invest and reinvest such funds subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments; provided, however, that the board may invest in corporations or in obligations of corporations

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organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. The board shall be authorized to invest no more than 50 percent of the funds or assets in equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and money belonging to the fund. SECTION 2. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-11-23, relating to the powers and duties of the board of commissioners of the Judges of the Probate Courts Retirement Fund, and inserting in lieu thereof the following: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of the state upon domestic life insurance companies in the making and disposing of their investments; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund; provided, however, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. SECTION 3. Said title is further amended by striking in its entirety subsection (a) of Code Section 47-16-26, relating to the power of the board of commissioners of the Sheriffs' Retirement Fund of Georgia, and inserting in lieu thereof the following: (a) The board shall have control over the funds provided for in this chapter, authority to expend such funds in accordance with this chapter, and authority to invest the funds in investments which would be permissible for domestic life insurance companies under the laws of this state; provided, however, that the board may invest in corporations or in

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obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the retirement fund in common stocks and equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. SECTION 4. Said title is further amended by striking in its entirety subsection (b) of Code Section 47-17-23, relating to the powers and duties of the board of commissioners of the Peace Officers' Annuity and Benefit Fund, and inserting in lieu thereof the following: (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments; provided, however, that the board may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; and provided, further, that the board may invest not more than 50 percent of the assets of the fund in common stocks and equities and may not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. SECTION 5. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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REVENUE AND TAXATION SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; EXPENDITURE OF PROCEEDS; PURPOSES. Code Section 48-8-111 Amended. No. 358 (House Bill No. 531). AN ACT To amend Code Section 48-8-111 of the Official Code of Georgia Annotated, relating to procedures for the imposition of the special county 1 percent sales and use tax, so as to change the provisions relating to the purposes for which the proceeds of the tax are to be used and may be expended; 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 for the imposition of the special county 1 percent sales and use tax, is amended by striking subparagraphs (a)(1)(G) and (a)(1)(H) and inserting in lieu thereof new subparagraphs (a)(1)(G) and (a)(1)(H) to read as follows: (G) The retirement of previously incurred general obligation debt of the county, one or more municipalities, or any combination thereof other than general obligation debt incurred for road, street, or bridge purposes, if such previously incurred general obligation debt was incurred for a project or projects of a type for which new general obligation debt may be incurred under this article; (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, airport facilities, or related capital equipment used in the operation of public safety or airport facilities, or any combination of such purposes; or. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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PROPERTY MORTGAGES MADE BY RAILROAD, ELECTRIC, GAS, UTILITY, OR TELEPHONE SERVICE CORPORATION; PERFECTION OF SECURITY INTERESTS RELATING TO FIXTURES AND PERSONAL PROPERTY; LIENS AFFECTING REAL PROPERTY; NONCONFORMING LIENS. Code Sections 11-9-302, 44-14-36, and 44-14-320 Amended. No. 359 (House Bill No. 533). AN ACT To amend Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, so as to change the manner of perfection and filing of certain instruments securing obligations relating to fixtures and personalty of certain railroad and utility corporations; to amend Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, so as to define nonconforming liens; to provide that the filing of a nonconforming lien in the land records of any county shall be a nullity and of no force and effect; to provide a means to cancel the record of a nonconforming lien; to amend Code Section 11-9-302 of the Official Code of Georgia Annotated, relating to perfection of security interests, so as to make a conforming amendment; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, is amended by striking Code Section 44-14-36, relating to security interests in property of certain railroad and utility corporations, and inserting in its place a new Code section to read as follows: 44-14-36. (a) A mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto relating to real property made by a railroad corporation, electric or gas corporation, other public utility corporation, or any corporation or other entities engaged in the furnishing of telephone service or the production, transmission, or distribution of electricity or made by any receivers, trustees, or other legal officers in possession of or operating any such corporation or other entity shall be recorded on the real property records in the office of the clerk of the superior court in each county in this state in which any of the property is located. Any such security agreement or any supplement or amendment thereto shall be valid only from the time it is filed for record against subsequent creditors, grantees,

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purchasers, and mortgagees acting in good faith and without notice. Such instruments need not otherwise be filed or refiled except as may be provided by Chapter 3 of Title 40. To the extent that any mortgage, deed to secure debt, indenture, deed of trust, or other security agreement or any supplement or amendment thereto executed before April 8, 1968, has been filed or recorded as provided in this Code section, it need not be refiled or rerecorded under this Code section; and nothing in this Code section shall be deemed to impair the lien or effect of any such instrument executed prior to April 8, 1968, which instrument has been recorded or filed in accordance with the laws of this state applicable thereto prior to April 8, 1968. (b) A security interest relating to fixtures and personal property of such a corporation shall be perfected as provided in Code Sections 11-9-401 through 11-9-403. Any such prior filing or recording that has been entered on the Uniform Commercial Code index for secured transactions, where no notice of conflict of lien or notice of creditor priority has been given, shall be valid and any such instruments need not otherwise be refiled, rerecorded, or reindexed. SECTION 2. Part 1 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens affecting real property, is amended by striking in its entirety Code Section 44-14-320, relating to the establishment of certain liens, and inserting in lieu thereof the following: 44-14-320. (a) The following liens are established in this state: (1) Liens for taxes in favor of the state, the counties, and the municipal corporations; (2) Liens in favor of creditors by judgment and decree; (3) Liens in favor of laborers; (4) Liens in favor of landlords; (5) Liens in favor of mortgagees; (6) Liens in favor of landlords furnishing supplies; (7) Liens in favor of mechanics on real and personal property; (8) Liens in favor of contractors, materialmen, subcontractors, materialmen furnishing material to subcontractors, and laborers furnishing labor to subcontractors, machinists, and manufacturers of machinery. As used in this paragraph, the term `subcontractor' includes, but is not limited to, subcontractors having privity of contract with the prime contractor;

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(9) Liens in favor of certain creditors against steamboats and other watercraft; (10) Liens in favor of the proprietors of sawmills and the proprietors of planing mills and other similar establishments; (11) Liens in favor of innkeepers, boardinghouse keepers, carriers, livery stable keepers, pawnbrokers, depositories, bailees, factors, acceptors, and attorneys at law; (12) Liens in favor of owners of stallions, jacks, bulls, and boars; (13) Liens in favor of railroad employees, owners of stock killed, and persons furnishing supplies to railroads; (14) Liens in favor of laundrymen; and (15) Liens in favor of jewelers. (b) All liens provided for in this chapter or specifically established by federal or state statute, county, municipal or consolidated government ordinance, or specifically established in a written declaration or covenant which runs with the land shall be exempt from subsection (c) of this Code section. All other liens shall be defined as nonconforming liens. Each nonconforming lien shall be nullity with no force or effect whatsoever even though said nonconforming lien is duly filed, recorded, and indexed in the land records of one or more counties in this state. (c) Any person, corporation, or other entity against whose property a nonconforming lien is filed or recorded may, without notice to any party, file an ex parte petition for an order to remove a nonconforming lien from the record in the superior court of the county in which said lien is filed or recorded and obtain an order from said superior court directing the clerk of the superior court to record the order and mark the recorded nonconforming lien: `CANCELED OF RECORD PURSUANT TO ORDER DATED __________, RECORDED AT DEED BOOK __________, PAGE __________. THIS __________ DAY OF __________, 19_____.' The petition shall set forth that: (1) The movant is a party against whose property a nonconforming lien is filed; (2) The lien in question is a nonconforming lien as defined under this Code section; and (3) A certified copy of the nonconforming lien is attached as an exhibit. The petition must be executed by the movant or movant's attorney. The order may be entered as early as the date of filing of the petition and shall set forth that, upon review of the petition and the certified copy of the recorded instrument attached thereto, it is the order of the court

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that said lien is a nonconforming lien under this Code section and that the clerk of the court is ordered to record the order and mark the nonconforming lien canceled of record. SECTION 3. Code Section 11-9-302 of the Official Code of Georgia Annotated, relating to perfection of security interests, is amended by striking subsection (3) and inserting in its place a new subsection to read as follows: (3) The filing of a financing statement otherwise required by this article is not necessary or effective to perfect a security interest in property: (a) Subject to a statute or treaty of the United States which provides for a national or international registration or a national or international certificate of title or which specifies a place of filing different from that specified in this article for filing of the security interest; or (b) Required to have a certificate of title under Chapter 3 of Title 40, as now or hereafter amended, or subject to Code Section 40-3-50 but during any period in which collateral is inventory held for sale by a person who is in the business of selling goods of that kind, the filing provisions of this article (Part 4) apply to a security interest in that collateral created by him or her as debtor; or (c) Subject to a certificate of title statute of another jurisdiction under the law of which indication of a security interest on the certificate is required as a condition of perfection (subsection (2) of Code Section 11-9-103). SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. CRIMES AND OFFENSES BAIL JUMPING; OUT-OF-STATE BAIL JUMPING; BONDS AND RECOGNIZANCES; RELEASE OF SURETY WHEN PRINCIPAL USED FALSE NAME. Code Sections 16-10-51 and 17-6-31 Amended. No. 361 (House Bill No. 620). AN ACT To amend Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, so as to change the definition of the offense of out-of-state-bail jumping; to change the penalties for the offense of out-of-state-bail jumping; to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to provide that the surety shall be released from liability at the discretion of the court in certain cases where the principal uses a false name when bound over and committed to a facility unless the surety knew or should have known that the principal used a false name, provided that the surety acted with due diligence and used all practical means to secure the attendance of the principal before the court; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-10-51 of the Official Code of Georgia Annotated, relating to the offense of bail jumping, is amended by striking subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c)(1) Any person who has been charged with or convicted of the commission of any of the misdemeanors listed in paragraph (2) of this subsection and has been set at liberty on bail or on his or her own recognizance upon the condition that he or she will subsequently appear at a specified time and place and who, after actual notice to the defendant in open court or notice to the defendant by mailing to the defendant's last known address or otherwise being notified personally in writing by a court official or officer of the court, leaves the state to avoid appearing in court at such time commits the offense of out-of-state-bail jumping. A person convicted of the offense of out-of-state-bail jumping shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both. (2) Paragraph (1) of this subsection shall apply only to the following misdemeanors: (A) Abandonment, as provided in Code Sections 19-10-1 and 19-10-2; (B) Simple assault, as provided in Code Section 16-5-20; (C) Carrying deadly weapon to public gathering, as provided in Code Section 16-11-127; (D) Bad checks, as provided in Code Section 16-9-20; (E) Simple battery, as provided in Code Section 16-5-23; (F) Bribery, as provided in Code Section 16-10-3; (G) Failure to report child abuse, as provided in Code Section 19-7-5;

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(H) Criminal trespass, as provided in Code Section 16-7-21; (I) Contributing to the delinquency of a minor, as provided in Code Section 16-12-1; (J) Escape, as provided in Code Sections 16-10-52 and 16-10-53; (K) Tampering with evidence, as provided in Code Section 16-10-94; (L) Family violence, as provided in Code Section 19-13-6; (M) Deceptive business practices, as provided in Code Section 16-9-50; (N) Reserved; (O) Fraud in obtaining public assistance, food stamps, or Medicaid, as provided in Code Section 49-4-15; (P) Reckless conduct, as provided in Code Section 16-5-60; (Q) Any offense under Chapter 8 of this title which is a misdemeanor; (R) Any offense under Chapter 13 of this title which is a misdemeanor; (S) Driving under the influence of alcohol or drugs, as provided in Code Section 40-6-391; (T) Driving without a license in violation of Code Section 40-5-20 or driving while a license is suspended or revoked as provided in Code Section 40-5-121; and (U) Any offense under Code Section 40-6-10, relating to requirement of the operator or owner of a motor vehicle to have proof of insurance. SECTION 2. Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, is amended by striking subsection (d) of Code Section 17-6-31, relating to the surrender of principal by surety and forfeiture of bond, and inserting in lieu thereof a new subsection (d) to read as follows: (d)(1) Furthermore, the surety shall be released from liability if, prior to entry of judgment, there is: (A) A deferred sentence; (B) A presentence investigation; (C) A court ordered pretrial intervention program;

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(D) A court ordered educational and rehabilitation program; (E) A fine; (F) A dead docket; or (G) Death of the principal. (2) Furthermore, the surety may be released from liability at the discretion of the court if: (A) The principal used a false name when he or she was bound over and committed to jail or a correctional institution and was subsequently released from such facility unless the surety knew or should have known that the principal used a false name; and (B) The surety shows to the satisfaction of the court that he or she acted with due diligence and used all practical means to secure the attendance of the principal before the court. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. HIGHWAYS, BRIDGES, AND FERRIES COUNCIL ON RURAL TRANSPORTATION AND ECONOMIC DEVELOPMENT; STUDY, PLAN, AND REPORT; EXTENDED AUTHORIZATION. Code Section 32-4-23 Amended. No. 362 (House Bill No. 621). AN ACT To amend Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, so as to authorize activities of the council through March 31, 2000; to provide for studies and plans related to economic development; to provide for a report to be issued by January 15, 2000; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 32-4-23 of the Official Code of Georgia Annotated, relating to the Council on Rural Transportation and Economic Development, is amended by striking in their entirety subsections (b) and (g) and inserting in lieu thereof the following new subsections (b) and (g) to read as follows:

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(b) The council shall undertake a comprehensive study of the needs of rural Georgia relative to the state Developmental Highway System and the system's relationship to economic development, shall develop a strategic plan for meeting those transportation and economic development 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 and its relationship to economic development, 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, 2000. (g) The council shall stand abolished and this Code section shall stand repealed in its entirety on March 31, 2000. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. ALCOHOLIC BEVERAGES SALES AT CERTAIN UNIVERSITY SYSTEM SITES. Code Sections 3-8-4 and 3-8-5 Enacted. No. 363 (House Bill No. 682). AN ACT To amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, so as to authorize such sales at certain university system continuing education centers; to authorize such sales at certain university system athletic facilities under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to sale of alcoholic beverages at publicly owned facilities, is amended by adding at its end new Code Sections 3-8-4 and 3-8-5 to read as follows: 3-8-4. (a) As used in this Code section, the term `continuing education center' means any facility offering adult education which is operated by a unit of the University System of Georgia and which has housing facilities capable of accommodating 200 people and banquet facilities capable of serving 400 people. (b) Notwithstanding the provisions of subsection (a) of Code Section 3-3-21, a continuing education center may sell alcoholic beverages as an incident to its operation. Such sales may be made during all hours during which sales are lawful in the state. (c) For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a continuing education center shall be considered to be within a municipality if the center, or a greater part of the center, is within the limits of the municipality. A continuing education center shall be considered to be within the unincorporated area of a county if the center, or a greater part of the center, is located within the unincorporated area of the county. 3-8-5. (a) As used in this Code section, the term `coliseum' means an indoor athletic facility which is operated by a unit of the University System of Georgia. (b) Notwithstanding the provisions of subsection (a) of Code Section 3-3-21, alcoholic beverages may be sold at a coliseum during a professional sports event when the coliseum has been leased or licensed for such professional sports event by a professional sports team. Alcoholic beverages may also be so sold during a period of one and one-half hours immediately prior to such professional sports event. Subject to such time limitations, alcoholic beverages may be sold during and immediately prior to a sports event, as described above, during all hours during which sales are lawful in the state. (c) For purposes of regulating and taxing the sale, storage, and distribution of alcoholic beverages as provided in this Code section, a coliseum shall be considered to be within a municipality if the center, or a greater part of the center, is within the limits of the municipality. A coliseum shall be considered to be within the unincorporated area of a county if the coliseum, or a greater part of the center, is located within the unincorporated area of the county.

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(d) This Code section shall be repealed in its entirety effective January 1, 2000. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997. PROFESSIONS AND BUSINESSES REGISTERED PROFESSIONAL NURSES; IDENTIFICATION REQUIRED. Code Section 43-26-6 Amended. No. 369 (House Bill No. 841). AN ACT To amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, so as to change the provisions regarding use of titles by and identification of registered nurses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to registered professional nurses, is amended by adding a new subsection (d) to Code Section 43-26-6, relating to the use of the title by registered professional nurses, to read as follows: (d) Any person who is licensed as a registered professional nurse shall identify that he or she is so licensed by displaying either the title `registered professional nurse' or `registered nurse' or the abbreviation `R.N.' on a name tag or other similar form of identification during times when such person is providing direct patient care. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 21, 1997.

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STATE PROPERTY EASEMENTS TO ATHENS-CLARKE COUNTY, CRISP COUNTY, CITY OF CALHOUN, GWINNETT COUNTY, CITY OF THOMSON AND MCDUFFIE COUNTY, GEORGIA POWER COMPANY, CITY OF COVINGTON, CITY OF AMERICUS, AND BALDWIN COUNTY. No. 7 (Senate Resolution No. 164). A RESOLUTION Authorizing the granting of nonexclusive easements for the operation and maintenance of an access road and water, gas, and sanitary sewer and utility facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Newton, Sumter, Troup, and Baldwin counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Clarke, Crisp, Gordon, Gwinnett, McDuffie, Newton, Sumter, Troup, and Baldwin counties, Georgia; and WHEREAS, the Unified Government of Athens-Clarke County; Crisp County; the City of Calhoun; Gwinnett County; the City of Thomson and McDuffie County; the City of Covington, Newton County; the City of Americus, Sumter County; Georgia Power Company; and Baldwin County desire to operate and maintain an access road and water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, this access road and these water and sanitary sewer and utility facilities in, on, over, under, upon, across, or through the hereinafter described state property would be for the benefit of the State of Georgia and have been requested and approved by the Department of Technical and Adult Education, Department of Public Safety, Department of Natural Resources, Department of Corrections, and Department of Human 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 Clarke County, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Unified Government of Athens-Clarke County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water and sanitary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating water and sanitary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Athens, Clarke County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Sanitary Sewer and Waterline Easement and prepared by the Unified Government of Athens-Clarke County, 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 water and sanitary sewer lines and equipment. SECTION 4. That the Unified Government of Athens-Clarke 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 and sanitary sewer lines and equipment. SECTION 5. That, after the Unified Government of Athens-Clarke County has put into use the water and sanitary sewer 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, the Unified Government of Athens-Clarke County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns.

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SECTION 6. That no title shall be conveyed to the Unified Government of Athens-Clarke County, and, except as herein specifically granted to the Unified Government of Athens-Clarke 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 Unified Government of Athens-Clarke 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 to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the Unified Government of Athens-Clarke County shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the Unified Government of Athens-Clarke County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 8. That the easement granted to the Unified Government of Athens-Clarke 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 $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 10. That this grant of easement shall be recorded by the grantee in the Superior Court of Clarke County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11. That the authorization in this resolution to grant the above-described easement to the Unified Government of Athens-Clarke County 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 Crisp County, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 14. That the State of Georgia, acting by and through its State Properties Commission, may grant to Crisp County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a well and associated facilities 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 well and associated facilities 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 Georgia Veterans' Memorial State Park in Crisp County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a drawing by J. B. Faircloth and Associates dated May 21, 1996, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 15. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said well and associated facilities.

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SECTION 16. That Crisp 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 well and associated facilities. SECTION 17. That, after Crisp County has put into use the well and associated facilities 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, Crisp 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 18. That no title shall be conveyed to Crisp County, and, except as herein specifically granted to Crisp 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 Crisp County. SECTION 19. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Crisp County shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by Crisp County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 20. That the easement granted to Crisp County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 21. That the consideration for such easement shall be $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 Crisp 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 Crisp County shall expire three years after the date that this resolution becomes effective. SECTION 24. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 25. That the State of Georgia is the owner of the hereinafter described real property in Gordon 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 Calhoun, Gordon County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of utility lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating utility lines and equipment, together with the right

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of ingress and egrees over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Gordon County Satellite Center of the Coosa Valley Technical Institute in Gordon County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Survey for Coosa Valley Foundation on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 27. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said utility lines and equipment. SECTION 28. That the City of Calhoun, Gordon 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 utility lines and equipment. SECTION 29. That, after the City of Calhoun, Gordon County, has put into use the utility 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, the City of Calhoun, Gordon 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 Calhoun, Gordon County, and, except as herein specifically granted to the City of Calhoun, Gordon 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 Calhoun, Gordon 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 987

easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Calhoun, Gordon County, shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Calhoun, Gordon County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 32. That the easement granted to the City of Calhoun, Gordon 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 Gordon 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 Calhoun, Gordon County, shall expire three years after the date that this resolution becomes effective.

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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 Gwinnett 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 Gwinnett County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating sanitary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at Phillips Correctional Institution in Gwinnett County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on three drawings prepared by Precision Planning, Inc., and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 39. 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 lines and equipment. SECTION 40. That Gwinnett 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 lines and equipment. SECTION 41. That, after Gwinnett County has put into use the sanitary sewer lines and equipment for which this easement is granted, a subsequent abandonment

Page 989

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, Gwinnett 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 42. That no title shall be conveyed to Gwinnett County and, except as herein specifically granted to Gwinnett 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 Gwinnett County. 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 to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the cost of relocating the facilities shall be allocated one-third to the State Department of Corrections and two-thirds to Gwinnett County. SECTION 44. That the easement granted to Gwinnett 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 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 Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 47. That the authorization in this resolution to grant the above-described easement to Gwinnett County 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 McDuffie 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 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Thomson and McDuffie County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of a water distribution line in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating a water distribution line together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on U.S. Route 78 in the 134th GM District of McDuffie County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by M. R. Chasman and Associates, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 51. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water distribution line. SECTION 52. That the City of Thomson and McDuffie County shall have the right to remove or cause to be removed from said easement area only such trees

Page 991

and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water distribution line. SECTION 53. That, after the City of Thomson and McDuffie County has put into use the water distribution line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the City of Thomson and McDuffie 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 facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 54. That no title shall be conveyed to the City of Thomson and McDuffie County, and, except as herein specifically granted to the City of Thomson and McDuffie 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 Thomson and McDuffie County. SECTION 55. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Thomson and McDuffie County shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Thomson and McDuffie County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 56. That the easement granted to the City of Thomson and McDuffie County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 57. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 58. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie 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 the City of Thomson and McDuffie County shall expire three years after the date that this resolution becomes effective. SECTION 60. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI SECTION 61. That the State of Georgia is the owner of the hereinafter described real property in Newton 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 62. 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 and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating electrical service lines and equipment together with the right of ingress

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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 Newton County Satellite Center to DeKalb Technical Institute in Newton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing dated July 30, 1996, prepared by B. Strozier entitled DeKalb Tech. Avenue of Champions off Alcovy Road, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 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 service lines and equipment. SECTION 64. 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 65. 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 66. 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 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

Page 994

easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 68. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 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 Newton 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 Georgia Power Company shall expire three years after the date that this resolution becomes effective. SECTION 72. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area.

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ARTICLE VII SECTION 73. That the State of Georgia is the owner of the hereinafter described real property in Newton 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 74. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Covington, Newton County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of natural gas service 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 natural gas service lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at the Newton County Satellite Center of the DeKalb Technical Institute in Newton County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in green on a drawing dated April 1, 1996, prepared by Robert E. Roden, Georgia Professional Engineer No. 6821 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, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said natural gas service lines. SECTION 76. That the City of Covington, Newton 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 natural gas service lines. SECTION 77. That, after the City of Covington, Newton County, has put into use the natural gas service 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,

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powers, and easement granted herein. Upon abandonment, the City of Covington, Newton 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 78. That no title shall be conveyed to the City of Covington, Newton County, and, except as herein specifically granted to the City of Covington, Newton 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 Covington, Newton County. 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 to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Covington, Newton County, shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Covington, Newton County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 80. That the easement granted to the City of Covington, Newton 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.

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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 Newton 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 the City of Covington, Newton County, shall expire three years after the date that this resolution becomes effective. SECTION 84. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 85. That the State of Georgia is the owner of the hereinafter described real property in Sumter County, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 86. That the State of Georgia, acting by and through its State Properties Commission, may grant to the City of Americus, Sumter County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of sanitary sewer lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating sanitary sewer lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at South Georgia Technical Institute in Sumter 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 dated November 20, 1996, prepared by Richard L. Jones, Georgia Registered Land Surveyor No. 1591, and on file in the offices of the State Properties Commission

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and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 87. That the above described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said sanitary sewer lines and equipment. SECTION 88. That the City of Americus, Sumter 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 lines and equipment. SECTION 89. That, after the City of Americus, Sumter County, has put into use the sanitary sewer 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, the City of Americus, Sumter 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 90. That no title shall be conveyed to the City of Americus, Sumter County, and, except as herein specifically granted to the City of Americus, Sumter 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 Americus, Sumter County. SECTION 91. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and the City of Americus, Sumter County, shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense

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of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by the City of Americus, Sumter County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 92. That the easement granted to the City of Americus, Sumter County, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 93. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 94. That this grant of easement shall be recorded by the grantee in the Superior Court of Sumter County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 95. That the authorization in this resolution to grant the above described easement to the City of Americus, Sumter County, shall expire three years after the date that this resolution becomes effective. SECTION 96. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 97. That the State of Georgia is the owner of the hereinafter described real property in Troup County, hereinafter referred to as the easement area

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and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 98. 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 and communication transmission and distribution lines and equipment in, on, over, under, upon, across, or through the easement area for the purpose of constructing, installing, maintaining, repairing, replacing, inspecting and operating electrical and communication transmission and distribution lines and equipment together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at West Georgia Technical Institute in Troup County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing prepared by Georgia Power 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 99. That the above-described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said electrical and communication transmission and distribution lines and equipment. SECTION 100. 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 and communication transmission and distribution lines and equipment. SECTION 101. That, after Georgia Power Company has put into use the electrical and communication transmission and distribution 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

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easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 102. That no title shall be conveyed to 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 103. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Georgia Power Company shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by Georgia Power Company. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. SECTION 104. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 105. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia.

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SECTION 106. That this grant of easement 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 107. 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 108. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE X SECTION 109. That the State of Georgia is the owner of the hereinafter described real property in Baldwin County, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 110. That the State of Georgia, acting by and through its State Properties Commission, may grant to Baldwin County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of an access road in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting and operating an access road together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in the City of Athens, Clarke County, Georgia, and is more particularly described as follows: That portion and that portion only as shown marked in yellow on a drawing entitled Right of way required on Lewis Court dated January 4, 1997 and prepared by Baldwin County, 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 111. That the above-described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said access road.

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SECTION 112. That Baldwin County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said access road. SECTION 113. That, after Baldwin County has put into use the access road for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Baldwin County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 114. That no title shall be conveyed to Baldwin County, and, except as herein specifically granted to Baldwin County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Baldwin County. SECTION 115. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with the state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site, under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia, and Baldwin County shall remove or relocate its facilities to the alternate easement area. The cost of such removal and relocation shall not be at the expense of or be reimbursed by the State of Georgia unless the State Properties Commission determines that the removal is for the benefit of the State of Georgia and approves payment by the State of Georgia for the actual cost and expense of relocation, less the cost and expense of any improvements and betterments of the facilities, and not to exceed by 20 percent the amount of a written estimate provided by Baldwin County. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia.

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SECTION 116. That the easement granted to Baldwin County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 117. 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 118. That this grant of easement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 119. That the authorization in this resolution to grant the above-described easement to Baldwin County shall expire three years after the date that this resolution becomes effective. SECTION 120. 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 XI SECTION 121. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 21, 1997. SAM NUNN TRIBUTE COMMISSION CREATION. No. 8 (Senate Resolution No. 50). A RESOLUTION Creating the Sam Nunn Tribute Commission; and for other purposes. WHEREAS, the Honorable Sam Nunn became one of Georgia's most influential leaders and achieved national distinction and honor as a member of the United States Senate for 24 years; and

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WHEREAS, he was born and reared in Perry, Georgia, attended public school in Houston County, studied at Georgia Tech, and earned his bachelor's and law degrees from Emory University; and WHEREAS, public service was respected and valued as a proud tradition in his family, and he served in the Georgia House of Representatives as had his father, Samuel Augustus Nunn and his great uncle, Carl Vinson, who later achieved national political significance as a prominent member of the United States House of Representatives; and WHEREAS, during his quarter-century of service in the United States Senate, he developed a sterling reputation that reflects his personal commitment to intellectual growth, ethical conduct, a compassionate regard for persons less fortunate, and dedication of his talent to meaningful purposes; WHEREAS, the Honorable Sam Nunn has returned to his native state having received national recognition for his leadership, keen judgment, and persuasive ability, and it is most appropriate that proper tribute be expressed as a lasting testimony to his contributions to our nation and state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Sam Nunn Tribute Commission to be composed of 15 members as follows: the Governor shall appoint five members; the Lieutenant Governor shall appoint five members, three of whom shall be members of the Senate and two members shall be citizens; and the Speaker of the House of Representatives shall appoint five members, three of whom shall be members of the House of Representatives and two members shall be citizens. The Governor shall appoint one of his appointees as chair of the commission. The commission is empowered to provide for the creation of an appropriate tribute on state property to honor Sam Nunn for his exceptional public service. The commission is authorized to select the site on state property where such appropriate tribute shall be placed, provided that the site selected shall be subject to the approval of the State Properties Commission or such state agency having control thereof. Such tribute shall be financed through voluntary contributions, and no state funds shall be expended for such tribute or the work of the commission. The commission is authorized to accept any gift, donation, or grant in furtherance of its purpose and is authorized to work with any private group, organization, association, or corporation having for its purpose the same purpose as the commission created in this resolution. The commission shall meet as soon as practicable after all members have been designated. The commission shall exist until such time as its purpose is accomplished, at which time it shall stand abolished. Approved April 21, 1997.

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STATE PROPERTY CONVEYANCE TO HANCOCK COUNTY BOARD OF COMMISSIONERS. No. 9 (Senate Resolution No. 125). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Hancock 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 Sparta, Hancock County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the 102nd G.M. District of Hancock County and containing approximately 5 acres as shown on a plat of survey prepared by P.E. Ogletree, Georgia Registered Land Surveyor No. 902, dated August 27, 1959, and revised February 7, 1962, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Hancock County; and WHEREAS, the Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that the subject property is no longer required to support their current missions or any anticipated future missions and have therefore declared the property surplus; and WHEREAS, the Hancock County Board of Commissioners conveyed the above-described property to the state December 1, 1959, for the consideration of $1.00; and WHEREAS, the Hancock County Board of Commissioners is desirous of acquiring the above-described state owned property for public use. 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 Hancock County Board of Commissioners by the State of

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Georgia, acting by and through the State Properties Commission, for the 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 the Hancock County Board of Commissioners 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 Hancock 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 21, 1997. STATE PROPERTY CONVEYANCE TO CHATHAM COUNTY. No. 10 (Senate Resolution No. 130). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Chatham County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of a certain tract of real property located in the City of Savannah, Chatham County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Savannah, Chatham County, Georgia, containing approximately nine acres as described on a drawing marked in yellow provided by the Department of Human Resources and on file in the offices of the State Properties Commission; and may be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented by the grantee to the State Properties Commission for approval; and

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WHEREAS, said property is under the custody of the Department of Human Resources and is on the eastern boundary of Georgia Regional Hospital in Savannah; and WHEREAS, Chatham County is planning to construct the extension of Truman Parkway in the City of Savannah; and WHEREAS, a portion of the above-mentioned extension of Truman Parkway will require the acquisition of the above-described state property; and WHEREAS, Chatham County is desirous of obtaining the subject property in order to provide said parkway improvements; and WHEREAS, the Department of Human Resources is desirous of cooperating with Chatham County in the required conveyance. 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 Chatham County by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value thereof, 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 Chatham 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 Chatham County and a recorded copy shall be forwarded to the State Properties Commission.

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SECTION 6. All laws and parts of laws in conflict with this resolution are repealed. Approved April 21, 1997. STATE PROPERTY CONVEYANCE TO BURKE COUNTY. No. 11 (Senate Resolution No. 148). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Burke County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain parcels of real property located in Burke County, Georgia; and WHEREAS, said real properties are all those tracts or parcels of land lying and being in Burke County, Georgia, containing 0.47 of one acre and 0.37 of one acre as described on that plat of survey entitled Burke County Satellite Center, Augusta Technical Institute, September 17, 1996, 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 Georgia Forestry Commission; and WHEREAS, the above-described parcels were conveyed to the state by Mr. Grattan W. Rowland with Mr. Rowland retaining a reversionary interest; and WHEREAS, the Department of Technical and Adult Education intends to construct the Burke County Satellite Center to Augusta Technical Institute on 46 acres which adjoin the subject property; and WHEREAS, Burke County has acquired the reversionary interest from the heirs of Mr. Grattan W. Rowland to the above-described state owned property; and WHEREAS, Burke County is desirous of obtaining the subject property for inclusion in the Burke County Satellite Center to Augusta Technical Institute; and WHEREAS, the Georgia Forestry Commission is presently constructing new facilities in Burke County and will declare the subject property surplus upon vacating the site. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the above-described real property shall be conveyed by appropriate instrument to Burke 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 authorization in this resolution to convey the above-described property to Burke 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 Burke 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 21, 1997. STATE PROPERTY LEASE, DISPOSAL, AND CONVEYANCE OF PROPERTY IN BALDWIN, DEKALB, FULTON, AND GWINNETT COUNTIES AUTHORIZED. No. 12 (Senate Resolution No. 166). A RESOLUTION Authorizing the lease, disposal, and conveyance of certain state owned real property located in Baldwin, DeKalb, Fulton, and Gwinnett Counties, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS:

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(1) The State of Georgia is the owner of certain parcels of real property located in Baldwin, Fulton, and Gwinnett Counties, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in: (A) Baldwin County, Georgia, and being all that tract or parcel of land lying and being in Land Lots 251 and 252 of Baldwin County containing approximately 18.5 acres as shown on a drawing marked in yellow and being on file in the offices of the State Properties Commission. (B) Fulton County, Georgia, and being all that tract or parcel of air rights lying and being in Land Lots 77 and 78 of the 14th District of Fulton County containing approximately 0.45 of one acre and adjoining Forsyth Street in the City of Atlanta as shown on Department of Transportation Right of Way Map dated June 28, 1994, Project BHZLB-0121 (10) sheet 2, and being on file in the offices of the State Properties Commission. (C) Gwinnett County, Georgia, and being all that tract or parcel of land lying and being in the 407 GMD of the 5th District of Gwinnett County containing approximately 1.6 acres as shown on a plat of survey prepared by Lewis M. Brown, dated August 30, 1996, and being on file in the offices of the State Properties Commission; (3) 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; (4) Said properties are under the custody of the Department of Human Resources, the State Properties Commission, and the Georgia Forestry Commission, respectively; and (5) The subject properties are underutilized and it has been determined that all or a portion of the above-described parcels are surplus to the needs of the State of Georgia; and WHEREAS: (1) The Georgia Department of Transportation, (Department), is the owner of certain real property located in DeKalb County, Georgia; (2) This real property is located east of Moreland Avenue, to Candler Park and to Ponce de Leon; (3) The Department is the owner of certain real property located in Fulton County, Georgia; (4) This real property is located north and south of North Highland Avenue in the Inman Park neighborhood and north of Ralph McGill

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Boulevard in the Poncey-Highland neighborhood in Fulton County, Georgia; (5) In the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia, the parties thereto reached a Settlement Agreement which was made an order of the Superior Court of DeKalb County by order dated June 25, 1992 (Order); (6) In Part IV, Paragraph 1(a) of said Settlement Agreement the parties agreed as follows: DOT Owned Rights-of-Way East of Moreland Avenue: All DOT rights-of-way east of Moreland Avenue, including, but not limited to, the replacement parcel east of Candler Park, all property between Candler Park and Fairview Road, and the property adjacent to the Jackson Hill Baptist Church, will be disposed of in one or more of the following ways: (A) All or portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT; (B) All or portions may be leased, conveyed or transferred to the City or to the federal government for use as a public park; (C) All or portions may be disposed of by sale. A housing plan shall be developed by the City and the affected neighborhoods. The housing plan shall govern the use of the property; (7) In Part IV, Paragraph 1(b) of said Settlement Agreement the parties agreed as follows: DOT Owned Rights-of-Way South of North Highland Avenue in the Inman Park Area: All DOT owned rights-of-way south of North Highland Avenue in the Inman Park area will be disposed of in one or more of the following ways: (A) Portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT; (B) Portions may be leased, conveyed or transferred to the City or federal government for use as a public park; (C) Portions may be disposed of by sale. A housing plan shall be developed by the City and the affected neighborhoods. The housing plan shall govern the use of the property; (8) In Part IV, Paragraph 1(c) of said Settlement Agreement the parties agreed DOT Owned Rights-Of-Way North Of Ralph McGill: All

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DOT owned rights-of-way north of Ralph McGill will be disposed of in one or more of the following ways: (A) All or portions may be transferred to the City for use as parklands in a land exchange for other City owned property needed by the DOT; (B) All or portions may be leased, conveyed or transferred to the City or federal government for use as a public park; (C) All or portions may be disposed of by sale. A housing plan shall be developed by the City and the affected neighborhoods. The housing plan shall govern the use of the property. It is specifically agreed that the approximately 4.4 acres on the north side of Ponce de Leon Avenue in the vicinity of Barnett Street will be disposed of by sale and shall be used in a manner agreed to by the City and the Virginia-Highland Civic Association; (9) The Department is in favor of leasing to the City of Atlanta certain portions of real property and disposing of certain portions of real property located east of Moreland Avenue; north and south of North Highland Avenue; and north of Ralph McGill Boulevard, in accordance with the terms of the aforementioned Settlement Agreement; (10) The City of Atlanta, (City), is desirous of obtaining the lease of the real property located east of Moreland Avenue, to Candler Park and to Ponce de Leon in order to enhance the beauty of the city and to maintain the real property as a bike path, multi-use trail, and roadside park; (11) The City is desirous of having said real property located north and south of North Highland Avenue in the Inman Park neighborhood disposed of in order to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park; and (12) The City is desirous of having said real property located north of Ralph McGill Boulevard in the Poncey-Highland neighborhood disposed of in order to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park. 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 as provided in paragraph (2) of the first WHEREAS clause and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission.

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SECTION 2. That 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 all or a portion of each of the above-described real properties may be sold to a local city, county, development authority, school board, or other public entity for not less than the fair market value without the necessity of competitive bid, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. If all bids received are unacceptable and determined by the State Properties Commission as not being in the best interest of the State of Georgia, a contract may be negotiated pursuant to this resolution and Article 2 of Chapter 16 of Title 50 of the O.C.G.A., known as the State Properties Code, provided that the responsible bidder who submitted the highest bid under the original solicitation is notified of the determination and given a reasonable opportunity to negotiate. The final negotiated sale shall be approved by the State Properties Commission as to consideration and terms and conditions. SECTION 3. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such sales. SECTION 4. 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. ARTICLE II SECTION 5. That the Georgia Department of Transportation is the owner of certain real property located east of Moreland Avenue, to Candler Park and to Ponce de Leon which was the subject of the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia. SECTION 6. That the Department is the owner of certain real property located north and south of North Highland Avenue in the Inman Park neighborhood which was the subject of the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, Condemnees, and

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DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia. SECTION 7. That the Georgia Department of Transportation is the owner of certain real property located north of Ralph McGill Boulevard in the Poncey-Highland neighborhood which was the subject of the case styled DEPARTMENT OF TRANSPORTATION, STATE OF GEORGIA, Condemnor, vs. 7.802 ACRES OF LAND; Certain Easement Rights; and the CITY OF ATLANTA, GEORGIA, Condemnees, and DAVID VAUGHN, et al., Intervenors, being Civil Action File No. 88-6429-3, Superior Court of DeKalb County, Georgia. SECTION 8. That the Department is authorized to lease to the City of Atlanta all or a portion of each of such real property described in Sections 5, 6, and 7 of this resolution to enhance the beauty of the City and to maintain the real property as a bike path, multi-use trail, and roadside park. SECTION 9. That the lease of such real property as provided for in Section 8 of this resolution shall be granted by appropriate instrument to the City of Atlanta by the Georgia Department of Transportation, acting by and through its Commissioner, for a consideration of the continuing performance by the City of Atlanta of the necessary maintenance of such real property to ensure its use and enjoyment as a bike path, multi-use trail, and roadside park in implementation and compliance with the Order of the Superior Court of DeKalb County, for the consideration of the structures, improvements, and enhancements that may be placed upon such real property, and upon such further conditions and consideration as determined by the Commissioner to be in the best interest of the State of Georgia. That the City shall grant by appropriate instrument to the Department, acting by and through its Council and Mayor, an acknowledgment of the conveyance of said real property and an acknowledgment that the real property will remain with the City provided the property is maintained as a bike path, multi-use trail, and roadside park for the benefit of the citizens of the State. SECTION 10. That the lease agreement between the Department and City for such real property as provided for in Section 8 of this resolution shall be for a period of 99 years. SECTION 11. That the Department is authorized to dispose of all or a portion of each of that certain real properties described in Sections 5, 6, and 7 of this resolution in accordance with a land use plan, developed and agreed upon by the City, the Department, and CAUTION, INC., acting on behalf of itself

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and its constituent neighborhood organizations (Candler Park Neighborhood Organization, Druid Hills Civic Association, Inman Park Restoration, Inc., Lake Claire Neighbors, Poncey-Highland Neighborhood Association, Virginia Highland Civic Association), (CAUTION). SECTION 12. That the proposed land use plan shall be finalized by the City's Bureau of City Planning and submitted to the Department and CAUTION for review and comment no later than August 1, 1997. The Department and CAUTION will review the proposed land use plan and return comments to the City no later than September 1, 1997. If there are any differences that need to be resolved, a meeting between the City, the Department, and CAUTION will be held no later than October 1, 1997. The Department will draft or will cause the drafting of a consent agreement for all parties to sign approving the land use plan, provided that if the parties fail to formally approve said land use plan prior to March 31, 1998, the Department shall be authorized to dispose of the remaining property in compliance with the applicable requirements of State and Federal statutes. ARTICLE III SECTION 13. All laws and parts of laws in conflict with this resolution are repealed. Approved April 21, 1997. STATE PROPERTY EASEMENT TO CHATHAM COUNTY. No. 13 (Senate Resolution No. 196). A RESOLUTION Authorizing the granting of a nonexclusive easement to extend certain utilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Chatham County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain waterbottoms located in the Savannah River in Chatham County, Georgia; and WHEREAS, the plans have been made for the development of Hutchinson Island in Chatham County; and WHEREAS, Chatham County is desirous of providing certain utility services to Hutchinson Island as related to its development; and WHEREAS, providing said utilities would require tunneling under the above-referenced state owned waterbottoms.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the State of Georgia is the owner of the hereinafter described waterbottoms 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 Chatham County, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of certain utility services in, on, over, under, upon, across, or through the easement area for the purpose of extending certain utility services 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 Savannah River in Chatham County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a drawing prepared by Hussey, Gay, Bell, and DeYoung entitled Preliminary Study for Water, Sewer, Effluent and Other Utilities to Hutchinson Island dated November 20, 1996, and on file in the offices of the State Properties Commission and shall be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 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 utility services. SECTION 4. That, after Chatham County has put into use the utility services 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, 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 5. That no title shall be conveyed to Chatham County, and, except as herein specifically granted to Chatham County, all rights, title, and interest in and

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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 Chatham County. SECTION 6. 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, Chatham County shall remove or relocate its facilities at its sole cost and expense. SECTION 7. That the easement granted to 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 8. That the consideration for such easement shall be $10.00 and such further consideration and provision as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 9. 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 10. That the authorization in this resolution to grant the above-described easement to Chatham County 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 21, 1997.

Page 1019

CHET ATKINS PARKWAY AND WENDY BAGWELL PARKWAY DESIGNATED. No. 14 (House Resolution No. 245). A RESOLUTION Designating a portion of Interstate I-185 as the Chet Atkins Parkway; designating a portion of U.S. 278 in Paulding County as the Wendy Bagwell Parkway; and for other purposes. PART 1 WHEREAS, Chet Atkins has attained recognition and accomplishments achieved by very few popular musicians and recording artists, and he is well known and regarded as a gifted country music star; and WHEREAS, he spent a number of years during his childhood in Harris County, Georgia, where he attended public school at the Mountain Hill Schoolhouse where his father, James Arley Atkins, taught piano, guitar, and voice; and WHEREAS, the citizens of Harris County are especially proud to have such a link with this country music star who has frequently acknowledged his Southern roots and strong connections with Georgia and its people; and WHEREAS, it is most fitting and appropriate that this musician who is the youngest person inducted into the Country Music Hall of Fame and who has won 13 Grammy Awards be appropriately honored by this state which contributed to his early development and manhood. PART 2 WHEREAS, Wendell Lee Wendy Bagwell attained recognition and accomplishments achieved by very few popular musicians and recording artists, and together with his group The Sunliters was well known and regarded as a gifted Southern gospel music star; and WHEREAS, Wendy Bagwell was born in Chamblee, Georgia, in 1925 and grew up in Cumming, which he left at the age of 17 to join the United States Marine Corps during World War II; and WHEREAS, he fought for his country on Iwo Jima, Saipan, Tinian, and the Marshall Islands, receiving the Bronze Star and a Letter of Commendation for Bravery; and WHEREAS, Wendy Bagwell came home to Georgia after the war, marrying Melba Hogue Bagwell, his devoted wife of 50 years, and raising his nephew, Ronnie, and his two daughters, Rita Jima and Wendy Lea; and WHEREAS, he founded his own furniture business, still in operation today in Mableton, and in 1954 joined together with Geraldine (Jerri) Morrison

Page 1020

and Georgia Jones to form the Sunliters, a local gospel group which would be joined in 1960 by Jan Buckner, Wendy's niece-in-law; and WHEREAS, Wendy Bagwell and the Sunliters went on to become one of the premier Southern gospel groups in the nation, remaining together for 36 years without a personnel change; and WHEREAS, Wendy Bagwell and the Sunliters won world-wide acclaim, as well as a Top 5 Grammy Award in 1995, Gold Record for Million Seller, Special Award from the Gospel Music Association, and too many other awards to mention; and WHEREAS, Wendy Bagwell, a family man and a devoted follower of Christ, passed away on June 11, 1996, mourned by his family, his friends, the gospel music community, and the citizens of the State of Georgia, and it is only fitting that this state honor his memory. PART 3 NOW, THEREFORE, BE IT RESOLVED BY THE GEORGIA GENERAL ASSEMBLY that the portion of Interstate I-185 that runs from Interstate I-85 through Troup County to the Harris County line and that runs through Harris County from Highway 116 south to the Muscogee County line is designated as the Chet Atkins Parkway. BE IT FURTHER RESOLVED that the portion of U.S. 278 in Paulding County is designated as the Wendy Bagwell Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the parkways. 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 Department of Transportation and to Chet Atkins. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation and to the family of the late Wendy Bagwell. Approved April 22, 1997.

Page 1021

SOCIAL SERVICES PUBLIC ASSISTANCE; FRAUD; AID TO FAMILIES WITH DEPENDENT CHILDREN ACT REPEALED; TEMPORARY ASSISTANCE FOR NEEDY FAMILIES PROGRAM CREATED; LEARNFARE PILOT PROGRAM; TAX CREDITS FOR EMPLOYERS OF AFDC RECIPIENTS REPEALED; SOCIAL ASSISTANCE REGISTER. Code Sections 19-11-12 and 19-11-21 Amended. Code Section 48-7-42 Repealed. Code Title 49, Chapter 4 Amended. No. 389 (Senate Bill No. 104). AN ACT To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to provide for money payments of public assistance to be made by electronic transfer; to change provisions with respect to hearings; to change provisions with respect to fraud and the issuance of subpoenas; to repeal Article 5 of Chapter 4 of said title, the Aid to Dependent Children Act; to create the Temporary Assistance for Needy Families Act; to define terms; to provide for the purpose of said Act; to provide for administration; to provide for limitations on assistance; to authorize and require the promulgation of rules and regulations; to provide for guidelines for such rules and regulations; to provide for duties of the Board and Department of Human Resources; to provide for criteria which make an applicant ineligible for assistance; to provide for conduct which authorizes the reduction or termination of assistance; to provide for appeals, hearings, and a conciliation process; to provide for a family cap; to provide for a limitation on assistance for persons moving into Georgia; to provide for limited assistance to qualified aliens; to provide for statutory construction; to provide for screening TANF recipients for domestic violence and for referrals and waivers relating thereto; to provide for a LEARNFARE pilot program to require school attendance of certain teen-agers and provide for sanctions and reports relating thereto; to provide for reports; to make conforming amendments to numerous other provisions of the Official Code of Georgia Annotated; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income tax imposition, so as to repeal a certain tax credit; to provide for severability; to provide for related matters; to provide an effective date; to repeal conflicting laws; to provide for the establishment of a social assistance register; to provide for the listing in such register of groups, associations, organizations, and individuals who are willing to assist citizens who are receiving public assistance or who need aid to ensure the quality of their lives; to provide for the dissemination of the names of such entities and individuals to those in need; to provide for the powers and duties of the Department of Human Resources in connection with such register; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by striking in its entirety subsection (b) of Code Section 49-4-11, relating to the award and payment of public assistance, and inserting in lieu thereof the following: (b) Money payments of public assistance shall be made by check or electronic transfer in accordance with the regulations of the board. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 49-4-13, relating to hearings and appeal, and inserting in lieu thereof the following: 49-4-13. (a) Except as provided in subsection (b) of this Code section, an applicant for or recipient of public assistance who is aggrieved by the action or inaction of the department, including any county department of family and children services, shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her right to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the rules and regulations of the Office of State Administrative Hearings, and the rules and regulations prescribed by the board. The decision of the commissioner on any appeal shall be final, subject to the right to judicial review of contested cases under Chapter 13 of Title 50. (b) An applicant for or recipient of assistance under Article 9 of this chapter, the Temporary Assistance for Needy Families Act,' shall be authorized to request and receive a hearing to challenge any denial, reduction, or termination of assistance based upon any action by the department, including any county department of family and children services. Nothing contained in this subsection shall operate to create an entitlement to the receipt of assistance under the TANF program. SECTION 3. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-4-15, relating to fraud in obtaining public assistance, and inserting in lieu thereof the following: (b) It shall be a fraudulent device within the meaning of subsection (a) of this Code section, and punishable as therein provided, for any person:

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(1) Knowingly to use, alter, or transfer food stamp coupons or authorizations to purchase food stamp coupons in any manner not authorized by law; (2) Knowingly to possess food stamp coupons or authorizations to purchase food stamp coupons when he or she is not authorized by law to possess them; (3) Knowingly to possess or redeem food stamp coupons or benefits when he or she is not authorized by law to possess or redeem them; or (4) Knowingly to use or redeem food stamp coupons or benefits in any manner or for purposes not authorized by law. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 49-4-15.1, relating to examination of financial records in instances of alleged fraud, and inserting in lieu thereof the following: 49-4-15.1 The department may examine any books, papers, or memoranda reflecting the income of, or financial records bearing upon the determination of the eligibility of, recipients in instances of alleged fraud by recipients of food stamps and public assistance. This process may be implemented by means of a subpoena which may be issued by the commissioner of human resources, upon the advice of the State Department of Law. In order to consider the issuance of such subpoenas, the director of the department's office of fraud and abuse must personally make application in writing to the commissioner of human resources specifying why such information is necessary. If issued, such subpoenas shall compel the production of relevant documents. Subpoenas shall be served in the same manner as if issued by a superior court. If any person fails to obey a subpoena issued and served under this Code section with respect to any matter germane to the department's investigation, on application of the department, through the commissioner of human resources or the commissioner's duly authorized representative, the superior court of the county in which the documents were required to be produced may issue an order requiring the person to comply with the subpoena and to produce the relevant documents. SECTION 4A. Said chapter is further amended by inserting a new Code Section 49-4-19 to read as follows: 49-4-19. It shall be the duty of the department to establish and maintain a social assistance register and to provide for the listing in such register of groups, associations, organizations, and individuals who notify the

Page 1024

department or any county department of family and children services that they are willing to assist citizens who are receiving public assistance or who need aid to improve or ensure the quality of their lives. The department shall provide for the dissemination of the names of such entities and individuals to those in need of assistance. It shall be the further duty of the department to publicize the existence of the social assistance register and to inform the public of the opportunities which members of the public have to enrich the lives of others. SECTION 5. Said chapter is further amended by striking in its entirety Article 5, the Aid to Families with Dependent Children Act, and inserting in lieu thereof the following: ARTICLE 5 RESERVED. SECTION 6. Said chapter is further amended by adding at the end thereof a new Article 9 immediately following Article 8 to read as follows: ARTICLE 9 49-4-180. This article shall be known and may be cited as the `Temporary Assistance for Needy Families Act.' 49-4-181. As used in this article, the term: (1) `Applicant' means a person who applies for assistance under the state plan. (2) `Assistance' means the temporary assistance provided to needy families with children in accordance with Part A of Title IV of the federal Social Security Act, as amended, regulations promulgated pursuant thereto by the secretary of health and human services, all applicable laws of this state, the state plan, and regulations of the Board of Human Resources. (3) `Board' means the Board of Human Resources. (4) `Cash assistance' means the money payment component of TANF assistance. (5) `Department' means the Department of Human Resources. (6) `Family' means one or more children living with a responsible parent, both parents, or other caretaker relative or legal guardian.

Page 1025

(7) `Recipient' means a person who receives assistance pursuant to the state plan. (8) `State plan' means the plan submitted by the State of Georgia to the secretary of health and human services, pursuant to Part A of Title IV of the federal Social Security Act, as amended, particularly by the Act of August 22, 1996, Public Law 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. (9) `TANF' means temporary assistance for needy families. (10) `Work activity' means a work activity as defined by Part A of Title IV of the federal Social Security Act, as amended. The term currently includes any of the following: (A) Unsubsidized employment; (B) Subsidized private sector employment; (C) Subsidized public sector employment; (D) Work experience, including work associated with the refurbishing of publicly assisted housing, if sufficient private sector employment is not available; (E) On-the-job training; (F) Job search and job readiness assistance, but such activity by a recipient shall be limited to no more than six weeks, only four weeks of which may be consecutive, unless the state's unemployment rate is 50 percent above the national average, in which case such activity shall be limited to no more than 12 weeks, only four weeks of which may be consecutive; (G) Community service programs; (H) Vocational educational training, not to exceed 12 months with respect to any individual; (I) Job skills training directly related to employment; (J) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency; (K) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate of high school equivalency; and (L) The provision of child care services to an individual who is participating in a community service program.

Page 1026

In the event the definition of work activities in Part A of Title IV of the federal Social Security Act is amended to delete from or add to the list of activities contained in this paragraph, any such change or changes shall be incorporated into this paragraph. The minimum average number of hours per week of such work activity for not less than the percentage of recipients comprising the minimum work participation rate in a given federal fiscal year shall be as follows: If the month is in federal fiscal year The minimum average number of hours per week is: 1997 20 1998 20 1999 25 2000 or thereafter 30 (11) `Work participation rate' means the percentage of TANF recipients who are required to engage in a work activity in accordance with Part A of Title IV of the federal Social Security Act, as amended. The minimum work participation rate with respect to all families receiving assistance under the Georgia TANF Program shall be, in accordance with current federal law, as follows: If the federal fiscal year is: The minimum participation rate is: 1997 25% 1998 30% 1999 35% 2000 40% 2001 45% 2002 or thereafter 50% The minimum work participation rate with respect to two-parent families receiving assistance under the Georgia TANF Program shall be, in accordance with current federal law, as follows: If the federal fiscal year is: The minimum participation rate is: 1997 75% 1998 75% 1999 or thereafter 90%

Page 1027

Provided, however, that the work participation rates reflected in this paragraph may be adjusted due to caseload reductions in accordance with Part A of Title IV of the federal Social Security Act, as amended. 49-4-182. (a) There is created the Georgia Temporary Assistance for Needy Families Program, which shall be known as the `Georgia TANF Program.' The purpose of such program is to provide necessary assistance to needy families with children on a temporary basis and to provide parents, legal guardians, or other caretaker relatives of children with the necessary support services to enable such parents, legal guardians, or caretaker relatives to become self-sufficient and leave the program as soon as possible. After an initial assessment and once the state determines an applicant is ready for work, applicants for assistance shall be required to engage in a work activity in accordance with Part A of Title IV of the federal Social Security Act, as amended, and the state plan as soon as possible after making application for assistance, but in any event no later than 24 months after first receiving cash assistance. (b) Assistance shall be provided in accordance with the state plan and any future amendments thereto. Cash assistance to a recipient who is not a minor child and who is a head of a household or married to the head of a household shall be limited to a lifetime maximum of 48 months, whether or not consecutive, beginning January 1, 1997. (c) Nothing in this article, the state plan, or any rules or regulations adopted pursuant to this article shall be interpreted to entitle any individual or any family to assistance under the Georgia TANF Program. 49-4-183. (a) This article shall be administered by the Department of Human Resources. The Board of Human Resources shall issue such rules and regulations as may be necessary to administer this article properly and to comply with the requirements of Part A of Title IV of the federal Social Security Act, as amended, the state plan, and any future amendments to such Act or plan. The initial rules and regulations for the Georgia TANF Program shall be promulgated by the board pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and specifically Code Section 50-13-4 no later than July 1, 1997. (b) The board shall ensure that such rules and regulations provide for: (1) Methods of administration necessary for the proper and efficient operation of the state plan for implementation of this article;

Page 1028

(2) Reasonable standards for determining eligibility and the extent of assistance available for recipients; (3) Consideration of the income and resources of an applicant for assistance in determining eligibility; (4) Personal responsibility obligations and work activity requirements consistent with Part A of Title IV of the federal Social Security Act, as amended, and the state plan, provided that programs included in the personal responsibility obligations established by the board shall include counseling on abstinence until marriage; (5) Criteria which make an applicant ineligible to receive benefits under the Georgia TANF Program, including but not limited to those specified in Code Section 49-4-184; (6) Specific conduct which would authorize the reduction or termination of assistance to a recipient, including but not limited to that specified in Code Section 49-4-185; (7) Standards whereby certain obligations, requirements, and criteria will be waived for specific applicants or recipients based on hardship; (8) An administrative hearing process with hearings to be conducted by the Office of State Administrative Hearings in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and subsection (b) of Code Section 49-4-13; (9) Safeguards which restrict the use and disclosure of information concerning applicants for and recipients of assistance under this article and in accordance with Code Section 49-4-14 and Part A of Title IV of the federal Social Security Act, as amended; (10) Immunizations for specified diseases for preschool age children as a condition of assistance being provided for such children, and the schedule of and standards for administering such immunizations, including the presentation of a certificate of immunization, unless: (A) There is appropriate evidence from the local health department or a physician that an immunization sequence has been started and can be completed within a period of up to 180 days, in which case a waiver of the immunization requirement for up to 180 days shall be granted; (B) After examination by the local board of health or a physician, any preschool age child is found to have a physical disability which may make vaccination undesirable, in which case a certificate to that effect issued by the local board of health or the physician may be accepted in lieu of a certificate of immunization and shall exempt the child from obtaining a certificate of immunization until the disability is relieved;

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(C) The parent or legal guardian furnishes an affidavit swearing or affirming that the immunization conflicts with the religious beliefs of the parent or legal guardian; or (D) The implementation of such an immunization requirement violates any federal law or regulations or would result in the loss of any federal funds to this state; and (11) The establishment and maintenance of individual development accounts. The funds in such accounts may be used for postsecondary educational expenses, the purchase of a first home, or business capitalization. The funds in such accounts shall not be considered in determining eligibility for cash assistance pursuant to 42 U.S.C. 604(h). (c) The department shall: (1) Supervise the administration of assistance pursuant to the Georgia TANF Program by the division of family and children services; (2) Prescribe necessary forms and procedures to carry out the Georgia TANF Program, subject to the rules and regulations prescribed by the board pursuant to this article; (3) Publish an annual report and such interim reports as may be necessary. The annual report and such interim reports shall be provided to the Governor and members of the General Assembly and contain the following: (A) The total TANF caseload count; (B) Quarterly and annual TANF reports, in full, prepared for submission to the federal government; (C) The percentage of the TANF caseload and the number of individuals given a hardship exemption from the lifetime limit on cash assistance and a categorization of the reasons for such exemptions; (D) The number of individuals who received transportation assistance and the cost of such assistance; (E) The number of individuals who received diversionary assistance in order to prevent their requiring TANF assistance and the categories and cost of such diversionary assistance, and job acceptance and retention statistics; (F) The number of individuals denied assistance due to a serious violent felony conviction; (G) The number of mothers under 19 years of age who received assistance and their percentage of the total TANF caseload;

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(H) Number of children receiving subsidized child care and the total and average per recipient cost of child care provided to TANF recipients; (I) Data on teen pregnancy prevention; (J) The number of families sanctioned; (K) The number of legal immigrants receiving TANF benefits by category of immigration status; (L) The number of families no longer eligible because of time limits; (M) Follow-up information on job retention and earnings; and (N) An evaluation of the effect of Code Section 49-4-186 on the number of births to TANF recipient families. The information required under this paragraph shall be provided on a county-by-county basis where feasible; and (4) Develop a plan, on or before January 1, 1998, to provide incentives for employers to hire those TANF recipients who have difficulty in finding employment. 49-4-184. (a) An applicant is not eligible for assistance under this article and a recipient shall no longer be eligible for assistance under this article if: (1) The applicant's or recipient's family does not include a minor child; (2) The applicant or recipient does not cooperate with the department in establishing paternity, in providing assistance in a fraud and abuse investigation, or in establishing, modifying, or enforcing a support order with respect to a child of the applicant or recipient, and the applicant or recipient does not qualify for any good cause exception which may be established by the board; (3) The applicant or recipient fails to assign to the department any rights that applicant or recipient may have to support from any other person, not exceeding the total amount of assistance so provided to the family which accrue or have accrued before the date the recipient family leaves the program, in accordance with the provisions of Part A of Title IV of the federal Social Security Act, as amended; (4) The applicant or recipient is convicted of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1 on or after January 1, 1997; (5) The applicant or recipient is convicted of any felony under Article 2 of Chapter 13 of Title 16, `Georgia Controlled Substances Act,' on or after January 1, 1997;

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(6) The applicant or recipient is under 18 years of age, is not married, has a minor child at least 12 weeks of age in his or her care, and has not completed a high school education or its equivalent, unless the applicant or recipient participates and obtains passing grades in: (A) Educational activities directed toward the attainment of a high school diploma or its equivalent; or (B) An alternative educational or training program that has been approved by the department; (7) The applicant or recipient is under 18 years of age, has never married, and is either pregnant or has a minor child in his or her care, unless: (A) The applicant or recipient and the child or children live in a place of residence maintained by the applicant's or recipient's parent, legal guardian, or other adult relative of the applicant or recipient as such parent's, legal guardian's, or other adult relative's own home; or (B) The applicant or recipient lives in a foster home, maternity home, or other supportive living arrangement supervised by an adult; (8) The applicant or recipient is fleeing to avoid prosecution or custody or confinement after conviction of a felony under the laws of the place from which the applicant or recipient is a fugitive; (9) The applicant or recipient violates a condition of probation or parole imposed under state or federal law; or (10) The recipient is pregnant and fails to participate actively in prenatal care arranged by the department at a level defined by the department. (b) Paragraphs (6) and (7) of subsection (a) of this Code section shall not apply if the applicant or recipient has no parent or legal guardian whose whereabouts are known, no parent or legal guardian of the applicant or recipient allows the applicant or recipient to live in the home of that parent or legal guardian, or the department otherwise determines that there is good cause not to apply the prohibitions contained in said paragraphs. 49-4-185. (a) As used in this Code section, the term `sanction' means a 25 percent reduction of any cash assistance provided to a family for a time period established by the board for the first material violation and termination of any cash assistance provided to the family for any subsequent material violation within a time period established by the board; provided,

Page 1032

however, that the department determine that there is good cause not to apply such a sanction in specific circumstances. (b) A recipient shall be subject to sanction for failing to comply with the state plan if the recipient: (1) Fails to report that a child is absent from home for a period of 45 consecutive days or, in the case of a child who is a recipient, being absent from home for a period of 45 consecutive days; provided, however, that a child who is a recipient shall not be sanctioned if the department determines there is good cause not to sanction the child under such circumstances; (2) Violates any personal responsibility or work participation requirement; provided, however, that a single custodial parent with a child under 12 months of age may be exempt from any work participation requirement until adequate child care is available; or (3) Except for violations of subsection (a) of Code Section 49-9-184 which result in the recipient no longer being eligible for assistance, violates any other term or condition specified in the federal Social Security Act, as amended, the state plan, or the rules and regulations of the board. 49-4-186. The schedule of assistance to be paid to a recipient family under this article shall eliminate the increment in benefits under the Georgia TANF Program as a result of the birth of a child during the period in which the family is eligible for TANF assistance or during a temporary period in which the family or recipient is ineligible for TANF assistance pursuant to a sanction imposed for failure to comply with eligibility requirements, subsequent to which the family or recipient is again eligible for assistance. The recipient family in which the recipient parent gives birth to an additional child during the recipient's period of eligibility for TANF assistance, or during a temporary period of ineligibility for assistance, may not receive additional assistance, except in the case of a general increase in the amount of TANF assistance which is provided to all program recipients. This provision shall only apply to recipient families who have been in receipt of cash assistance under this article for a total of ten months after May 1, 1997. Nothing in this Code section shall be considered to disqualify a recipient family from an incremental increase in assistance in cases in which the birth of a child is the result of a verifiable rape or incest. 49-4-187. An applicant who moves into this state after receiving assistance from another state under Part A of Title IV of the federal Social Security Act, as amended, if otherwise eligible to receive assistance under the Georgia

Page 1033

TANF Program, shall receive the same level of assistance for the same period of time under the same requirements and restrictions as a resident of this state; provided, however, that for a period not to exceed 12 months, such applicant shall receive the same amount of cash assistance as that applicant received in his or her previous state of residence, if such amount is lower than the amount of cash assistance paid to a comparable family unit in this state; provided, further, that an applicant who moves into this state shall be eligible to receive cash assistance for the same time period for which he or she would have been eligible in his or her previous state of residence, if such time period is shorter than the maximum time period permitted for receipt of assistance in this state. 49-4-188. (a) As used in this Code section, the term `qualified alien' means a qualified alien as defined in Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended, Public Law 104-193. (b) Qualified aliens who arrived in the United States prior to August 22, 1996, if otherwise eligible for assistance under the former Aid to Families with Dependent Children program, will continue to be eligible for assistance under the Georgia TANF Program upon meeting the same qualifications and conditions as other applicants. Qualified aliens who arrived in the United States on or after August 22, 1996, will not be eligible for TANF assistance, except to the extent required by federal law; provided, however, that such qualified aliens will be eligible for cash assistance until July 1, 1998, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants. 49-4-189. Reserved. 49-4-190. It is the intention of the General Assembly that this article be construed consistently with Part A of Title IV of the federal Social Security Act, as amended, and so as to authorize the Department of Human Resources, within the appropriations provided to it, to administer the state plan in a manner so as to receive the maximum amount of the federal block grant available for expenditures made under the state plan. Nothing in this article shall be construed to impose requirements which conflict with such federal law or regulations promulgated thereunder so as to result in a loss of federal funding to this state under that law. 49-4-191. The department shall establish and enforce standards and procedures to:

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(1) Screen and identify recipients of TANF assistance with a history of being victims of domestic violence, while protecting the confidentiality of any such recipients; (2) Refer any such recipients to counseling and supportive services; and (3) Waive, pursuant to a determination of good cause, other program requirements for any such recipients of TANF assistance, such as time limits, for so long as necessary, residency requirements, child support cooperation requirements, and family cap provisions, in cases where compliance with such requirements would make it more difficult for individuals receiving TANF assistance to escape domestic violence or unfairly penalize such recipients who are or have been victimized by such violence, or individuals who are at risk of further domestic violence. SECTION 7. The following Code sections of the Official Code of Georgia Annotated are amended by striking the terms Aid to Families with Dependent Children and aid to families with dependent children wherever they occur and inserting in their respective places the terms Temporary Assistance for Needy Families and temporary assistance for needy families: (1) Code Section 19-11-9.2, relating to the duty of employers to report hiring and rehiring of persons; (2) Code Section 21-2-222, relating to designated voter registration agencies and offices; (3) Code Section 49-3-6, relating to functions of county department; (4) Code Section 49-4-3, relating to establishment of categories of public assistance; (5) Code Section 49-4-16, relating to research, demonstration, and work experience programs; (6) Code Section 49-4-170, relating to grounds for appointing personal representative; (7) Code Section 49-4-171, relating to hearing on petition; and (8) Code Section 49-5-7, relating to development and administration of public child welfare and youth services. SECTION 7.1 Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by adding a new Code section to read as follows:

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49-4-192. (a) As used in this Code section, the term: (1) `Program' means the LEARNFARE program established in this Code section. (2) `Teen-ager' means a person at least 13 years of age but not more than 16 years of age who is included in a grant of TANF assistance, who is residing with a parent or guardian, and who has not graduated from high school or received a certificate of high school equivalency (GED). (b) The purpose of this Code section is to establish a pilot LEARNFARE program that requires school attendance of all teen-agers. (c) The department shall establish in not less than ten counties in this state a pilot LEARNFARE program. Such program shall require school attendance of all teen-agers. (d) A teen-ager who is required to attend school to meet LEARNFARE participation requirements under this Code section shall comply except when there is good cause shown, as defined by the department. (e) Upon determination that a teen-ager has failed without good cause to attend school as required, the teen-ager will be removed from the TANF grant for the next possible payment month. (f) A sanction applied under this program shall be effective for one month for each month that the teen-ager failed to meet the monthly attendance requirement, as established by the department. In the case of a teen-ager who drops out of school, the sanction shall remain in force until the teen-ager provides written proof from the school system that the teen-ager has re-enrolled and has met the monthly attendance requirement for one calendar month. (g) The department shall adopt not later than July 1, 1997, such rules and regulations as may be necessary to implement this program. The department shall establish by appropriate rules and regulations the eligibility and participation guidelines for such program. (h) The department shall further provide, no later than January 1, 1999, a written report to the General Assembly which shall describe all actions taken to implement this program and the results and findings derived therefrom. SECTION 8. The following Code sections of the Official Code of Georgia Annotated are amended by striking the term AFDC wherever it occurs and inserting in its place the term TANF:

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(1) Code Section 19-11-12, relating to determination of ability to support; and (2) Code Section 19-11-21, relating to payment of support to department. SECTION 9. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, is amended by striking Code Section 48-7-42, relating to tax credits for employers of certain persons receiving public assistance, which reads as follows: 48-7-42. (a) As used in this Code section, the term: (1) `AFDC recipient' means a person who receives assistance as defined in Code Section 49-4-101 and who is a participant in the Jobs First Program established by Code Section 49-4-118. (2) `Employer' means any employer upon whom an income tax is imposed by this chapter. (b) A tax credit against the tax imposed by this chapter shall be granted to an employer who first employs an AFDC recipient effective January 1, 1996. The amount of the credit shall be as follows: (1) If the AFDC recipient is compensated at $4.00 or more above the hourly rate of the federal minimum wage, the credit shall be 40 percent of the first $7,000.00 in wages paid annually for such person; (2) If the AFDC recipient is compensated at less than $4.00, but more than $3.00 above the hourly rate of the federal minimum wage, the credit shall be 25 percent of the first $7,000.00 in wages paid annually for such person; and (3) If the AFDC recipient is compensated at $3.00 or less above the hourly rate of the federal minimum wage, the credit shall be 20 percent of the first $7,000.00 in wages paid annually for such person. (c) A tax credit under this Code section shall not exceed the amount of the employer's income tax liability for the taxable year as computed without regard to this Code section. Any such excess credit may be carried over and claimed during the period of five years after the taxable year for which the credit is claimed until the credit is exhausted. (d) No credit may be claimed under this Code section for the employment of any AFDC recipient for whom a credit has been claimed by any one or more employers for a period of 36 months. (e) To be eligible to claim the credit granted under this Code section, the employer must certify to the department the name of the employee

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and provide written evidence of the employee's wages, which may include but not be limited to copies of the AFDC recipient's W-2 forms prepared by or for the employer, and evidence of the employee's receipt of AFDC assistance during the period for which the credit is claimed, which evidence of receipt the employer may require of the employee as a condition of employment. (f) A credit cannot be claimed pursuant to this Code section for any job which could not be made available through the Jobs First Program under subsection (g) of Code Section 49-4-118 because of Section 3304(a)(5) of the Federal Unemployment Tax Act. (g) This Code section shall be automatically repealed January 1, 2001. SECTION 10. 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 11. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval of 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 22, 1997. CONSERVATION AND NATURAL RESOURCES COASTAL ZONE MANAGEMENT. Code Title 12, Chapter 5, Article 4, Part 6 Enacted. No. 390 (House Bill No. 167). AN ACT To amend Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, so as to provide a short title; to provide for the preservation and management of the coastal zone; to provide a statement of legislative findings; to define certain terms; to provide for the authority of the Department of Natural Resources; to provide for rules and regulations; to provide for coordination and cooperation with other state agencies; to provide for review and approval by the Governor; to provide for reports; to provide a sunset date; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to coastal waters, beaches, and sand dunes, is amended by adding to the end thereof a new Part 6 to read as follows: Part 6 12-5-320. This part shall be known and may be cited as the `Georgia Coastal Management Act.' 12-5-321. The General Assembly finds and declares that the coastal area of Georgia comprises a vital natural resource system. The General Assembly recognizes that the coastal area of Georgia is the habitat of many species of marine life and wildlife which must have clean waters and suitable habitat to survive. The General Assembly further finds that intensive research has revealed that activities affecting the coastal area may degrade water quality or damage coastal resources if not properly planned and managed. The General Assembly further finds that the coastal area provides a natural recreation resource which has become vitally linked to the economy of Georgia's coast and to that of the entire state. The General Assembly further finds that resources within this coastal area are costly, if not impossible, to reconstruct or rehabilitate once adversely affected by human related activities and it is important to conserve these resources for the present and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal area is a vital area of the state and that it is essential to maintain the health, safety, and welfare of all the citizens of the state. Therefore, the General Assembly declares that the management of the coastal area has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and consequently is properly a matter for coordinated regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal area must be regulated to ensure that the values and functions of coastal waters and natural habitats are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal waters and habitats for succeeding generations.

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12-5-322. As used in this part, the term: (1) `Activity' or `activities' means an action or actions which will have reasonably foreseeable effects upon land use, water use, or natural resources of the coastal area. (2) `Board' means the Board of Natural Resources. (3) `Certification of consistency' means a certification made by a person in connection with an application for a federally administered permit to conduct an activity or activities as defined in this Code section. Such certification of consistency shall be based on determination of the activity's compliance with the policies of the Georgia coastal management program. Only those activities requiring a federally administered permit will require such certification of consistency. (4) `Coastal area' or `coastal zone' means all tidally influenced waters and submerged land seaward to the state's jurisdictional limits and all lands, submerged lands, waters, and other resources within the counties of Brantley, Bryan, Camden, Charlton, Chatham, Effingham, Glynn, Long, Liberty, McIntosh, and Wayne. (5) `Department' means the Department of Natural Resources. (6) `Determination of consistency' means a determination made by a federal agency proposing an activity or activities as defined in this Code section. Such determination of consistency shall be based on a determination of the activity's effects upon the coastal area. Only those activities proposed to be undertaken by a federal agency will be subject to a determination of consistency. (7) `Federal agency' means the United States government and all its departments, boards, bureaus, commissions, and wholly owned corporations owned by the federal government. (8) `Federally administered permit' means only those permits, licenses, or approvals required by federal law or regulation and issued by an agency of the federal government. (9) `Georgia coastal management program' means a compilation of policies to guide the public and private uses of land and waters within the coastal area administered by the department in consultation with the state agencies and local governments of the coastal area and approved by the Secretary of Commerce in accordance with the requirements of the federal Coastal Zone Management Act of 1972, as amended, 16 U.S.C. Sections 1451 and following. (10) `Local government' means a county, as defined by Code Section 36-1-1, or an incorporated municipality, as defined by Code Section 36-40-21, or any combination thereof, which has been authorized by

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an Act of the General Assembly, any of which has within its jurisdiction any coastal area. (11) `Person' means any individual, partnership, corporation, municipal corporation, local government, association, state agency, or public or private authority. (12) `Policy' or `policies' of the Georgia coastal management program means the enforceable provisions of present or future applicable statutes of this state or regulations duly promulgated thereunder. (13) `State agency' means this state and all its departments, boards, authorities, bureaus, and commissions. (14) `State permit' means all those permits, licenses, or approvals, whether required by a federal or state law, which are administered by a state agency. (15) `Submerged land' means all lands lying or being under tidally influenced waters of the state. (16) `Tidally influenced waters' means any water where the tide ebbs and floods on a daily basis. 12-5-323. (a) The department shall have the following authority, which shall not be delegated to any other state agency: (1) To prepare and administer a Georgia coastal management program and to monitor and inform appropriate local, state, and federal agencies concerning enforcement of this part and all rules, regulations, and orders upon which the Georgia coastal management program is based; (2) To accept, expend, grant, and administer moneys that are available from persons or federal agencies to carry out the provisions of this part; (3) To conduct public hearings on the Georgia coastal management program or any actions taken under this part; (4) To concur or object to a certification of consistency filed by a person only in connection with an application for a federally administered permit and to concur or object to a determination of consistency filed by a federal agency in connection with a federal activity based on the policies of the Georgia coastal management program established pursuant to this part; provided, however, that if, prior to completion of review of a federally administered permit or federal activity under this part, the department receives notice of the denial of a state permit necessary for the activity, the department shall object to all certifications of consistency or determinations of consistency

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relating to the proposed activity filed by such person or federal agency; provided, further, that nothing in this part shall be construed to prevent the department from withdrawing such objection; and (5) To exercise all incidental powers necessary to carry out the purposes of this part. 12-5-324. The board shall have the authority to promulgate rules and regulations for the implementation of the Georgia coastal management program in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 12-5-325. The department shall, in addition to its other duties prescribed by law, coordinate and cooperate with other state agencies, as necessary, as provided in paragraph (1) of subsection (a) of Code Section 12-5-323, and to make reasonable inspections within the coastal area where activities have been proposed to determine whether the proposed activities are consistent with this part and the policies of the Georgia coastal management program as provided in paragraph (4) of subsection (a) of Code Section 12-5-323. 12-5-326. All state agencies shall coordinate and cooperate with the department in the administration of this part. All state agencies exercising regulatory authority or management or planning authority in the coastal area shall administer such authority in conformity with the provisions of this part and shall apply such regulatory authority in a manner consistent with the policies of the Georgia coastal management program. All state agencies and local governments exercising statutory authority in the coastal area are authorized to enter into agreements regarding implementation of the Georgia coastal management program within their legal authority. 12-5-327. (a) The department shall prepare a document reflecting the Georgia coastal management program for submission to the Governor. The Governor shall have the authority to review and approve such document. Once approved, the Governor shall have the authority to submit the document reflecting the Georgia coastal management program to the Secretary of Commerce for approval as outlined in the federal Coastal Zone Management Act of 1972, as amended. At any time, the Governor, with the concurrence of the General Assembly, may withdraw the state from participation in the federal Coastal Zone Management Act of 1972 if it is determined that continued participation is not in the best interest of the state.

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(b) The department shall make a report every three years of its activities under this part to the Governor and General Assembly. The report shall include a summary of the effectiveness of the program, a survey of user groups, and the department's opinion of the value of Georgia's continued participation in the program. Copies of the report shall be provided to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the Chairperson of the House Natural Resources and Environment Committee, the Chairperson of the Senate Natural Resources Committee, and the Board of Natural Resources. 12-5-328. Nothing contained in this part shall be construed as a consent to waiver of immunity under the Eleventh Amendment of the United States Constitution or consent for any other state to exercise regulatory jurisdiction within the boundaries of this state. 12-5-329. Unless reestablished or continued by the General Assembly, this part shall stand repealed in its entirety on July 1, 2004. 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 22, 1997. INSURANCE INVESTMENTS OF INSURERS IN INVESTMENT POOLS; AUTHORIZATION; REGULATION; MOTOR VEHICLE SELF-INSURERS; EXCEPTION APPLICABLE TO TAXICAB SELF-INSURERS IN COUNTIES OF 400,000 POPULATION OR LESS. Code Title 33, Chapter 11A Enacted. Code Section 40-9-101 Amended. No. 391 (House Bill No. 573). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to allow an insurer to acquire investments in investment pools; to provide a short title; to define terms; to provide for applicability; to set forth requirements an investment pool must follow for an investment to be qualified under this Act; to provide for certain limitations; to specify requirements for the managers of investment pools; to provide requirements for investment pool agreements; to require the investment pool to be a business entity; to exempt transactions between an investment pool and its participants from certain requirements; to require investment activities of pools and transactions between pools and participants to be reported annually; to amend Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, so as to change certain provisions relating to an exception applicable to taxicab self-insurers located in counties with populations of 400,000 or less; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding after Chapter 11 a new Chapter 11A to read as follows: CHAPTER 11A 33-11A-1. This chapter shall be known and may be cited as the `Investment Pool Act of 1997.' 33-11A-2. This chapter shall apply to domestic insurers only. 33-11A-3. As used in this chapter, the term: (1) `Business entity' means a corporation, limited liability company, association, partnership, joint-stock company, joint venture, mutual fund trust, or other similar form of business organization, whether organized for profit or not for profit. (2) `Class one money market mutual fund' means a mutual fund that at all times qualifies for investment using the bond class one reserve factor under the Purposes and Procedures of the SVO or any successor publication. (3) `Government money market mutual fund' means a money market mutual fund that at all times: (A) Invests only in obligations issued, guaranteed, or insured by the government of the United States or collateralized repurchase agreements composed of such obligations; and (B) Qualifies for investment without a reserve under the Purposes and Procedures of the SVO or any successor publication.

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(4) `Money market mutual fund' means a mutual fund that meets the conditions of 17 C.F.R. 270.2a-7, under the Investment Company Act of 1940, 15 U.S.C. Section 80a-1, et seq., as amended. (5) `Obligation' means a bond, note, debenture, or trust certificate, including equipment certificate, production payment, negotiable bank certificate of deposit, banker's acceptance, credit tenant loan, loan secured by financing net leases, and other evidence of indebtedness for the payment of money, or participation, certificates, or other evidences of an interest in any of the foregoing, whether constituting a general obligation of the issuer or payable only out of certain revenues or certain funds pledged or otherwise dedicated for payment. (6) `Qualified bank' means a national bank, state bank, or trust company that at all times is no less than adequately capitalized as determined by the standards provided by federal banking regulations and that is either regulated by state banking laws or is a member of the Federal Reserve System. (7) `Repurchase transaction' means a transaction in which an insurer purchases securities from a business entity that is obligated to repurchase the purchased securities or equivalent securities from the insurer at a specified price, either within a specified period of time or upon demand. (8) `Reverse repurchase transaction' means a transaction in which an insurer sells securities to a business entity and is obligated to repurchase the sold securities or equivalent securities from the business entity at a specified price, either within a specified period of time or upon demand. (9) `Securities lending transaction' means a transaction in which securities are loaned by an insurer to a business entity that is obligated to return the loaned securities or equivalent securities to the insurer, either within a specified period of time or upon demand. (10) `SVO' means the Securities Valuation Office of the National Association of Insurance Commissioners. 33-11A-4. (a) Notwithstanding any provisions of Chapter 11 of this title to the contrary, an insurer may under this chapter acquire investments in investments pools that: (1) Invest only in: (A) Obligations that are rated 1 or 2 by the SVO or have an equivalent of an SVO 1 or 2 rating by a nationally recognized statistical rating organization recognized by the SVO or, in the

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absence of an SVO 1 or 2 rating or equivalent rating, the issuer has outstanding obligations with an SVO 1 or 2 rating or equivalent rating by a nationally recognized statistical rating organization recognized by the SVO and which have: (i) A remaining maturity of 397 days or less or a put that entitles the holder to receive the principal amount of the obligation, which put may be exercised through maturity at specified intervals not exceeding 397 days; or (ii) A remaining maturity of three years or less and a floating interest rate that resets no less frequently than quarterly on the basis of a current short-term index, including federal funds, prime rate, treasury bills, London InterBank Offered Rate (LIBOR), or commercial paper, and is subject to no maximum limit, if the obligations do not have an interest rate that varies inversely to market interest rate changes; (B) Government money market mutual funds or class one money market mutual funds; or (C) Securities lending, repurchase, and reverse repurchase transactions that meet all the requirements of Code Section 33-11-7; or (2) Invest only in investments which an insurer may acquire under this title, if the insurer's proportionate interest in the amount invested in such investments does not exceed the applicable limits of this title. 33-11A-5. For an investment in an investment pool to be qualified under this chapter, the investment pool shall not: (1) Acquire securities issued, assumed, guaranteed, or insured by the insurer or an affiliate of the insurer; (2) Borrow or incur an indebtedness for borrowed money, except for securities lending and reverse repurchase transactions that meet the requirements of this chapter; or (3) Permit the aggregate value of securities then loaned or sold to, purchased from, or invested in any one business entity under this chapter to exceed 10 percent of the total assets of the investment pool. 33-11A-6. The limitations of paragraphs (1) and (2) of Code Section 33-11-5 shall not apply to an insurer's investment in an investment pool; provided, however, that an insurer shall not acquire an investment in an investment pool under this chapter if, as a result of and after giving effect to the investment, the aggregate amount of investments then held by the insurer under this chapter:

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(1) In any one investment pool would exceed 10 percent of its admitted assets; (2) In all investment pools investing in investments permitted under paragraph (2) of subsection (a) of Code Section 33-11A-4 would exceed 25 percent of its admitted assets; or (3) In all investment pools would exceed 35 percent of its admitted assets. 33-11A-7. For an investment in an investment pool to be qualified under this chapter, the manager of the investment pool shall: (1) Be organized under the laws of the United States or a state and designated as the pool manager in a pooling agreement; (2) Be the insurer, an affiliated insurer or a business entity affiliated with the insurer, a qualified bank, or a business entity registered under the Investment Advisors Act of 1940, 15 U.S.C. Section 80b-1, et seq., as amended; or, in the case of a reciprocal insurer or interinsurance exchange, be its attorney in fact; or, in cases of a United States branch of an alien insurer, be its United States manager or affiliates or subsidiaries of its United States manager; (3) Compile and maintain detailed accounting records setting forth: (A) The cash receipts and disbursements reflecting each participant's proportionate investment in the investment pool; (B) A complete description of all underlying assets of the investment pool, including amount, interest rate, any maturity date, and other appropriate designations; and (C) Such other records which, on a daily basis, allow third parties to verify each participant's investment in the investment pool; and (4) Maintain the assets of the investment pool in one or more accounts, in the name of or on behalf of the investment pool, under a custodial agreement compliant with this title with a qualified bank. The custodial agreement shall include but not be limited to: (A) A statement and recognition of the claims and rights of each participant; (B) An acknowledgment that the underlying assets of the investment pool are held solely for the benefit of each participant in proportion to the aggregate amount of its investments in the investment pool; and (C) An agreement that the underlying assets of the investment pool shall not be commingled with the general assets of the custodian qualified bank or any other person.

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33-11A-8. A pooling agreement under this chapter may not be entered into unless the insurer has notified the Commissioner in writing of the pooling agreement at least 30 days prior to entering into the pooling agreement and the Commissioner has not disapproved it within such period. The pooling agreement for each investment pool shall be in writing and shall provide that: (1) An insurer and its affiliated insurers or, in the case of an investment pool investing solely in investments permitted under paragraph (1) of subsection (a) of Code Section 33-11A-4, the insurer and its subsidiaries, affiliates, or any pension or profit-sharing plan of the insurer, its subsidiaries and affiliates, or, in the case of a United States branch of an alien insurer, affiliates or subsidiaries of its United States manager, shall, at all times, hold 100 percent of the interests in the investments pool; (2) The underlying assets of the investment pool shall not be commingled with the general assets of the pool manager or any other person; (3) In proportion to the aggregate amount of each pool participant's interest in the investment pool: (A) Each participant owns an undivided interest in the underlying assets of the investment pool; and (B) The underlying assets of the investment pool are held solely for the benefit of each participant; (4) A participant, or in the event of the participant's insolvency, bankruptcy, or receivership, its trustee, receiver, or other successor in interest, may withdraw all or any portion of its investment from the pool under the terms of the pooling agreement; (5) Withdrawals may be made on demand without penalty or other assessment on any business day, but settlement of funds shall occur within a reasonable and customary period thereafter not to exceed five business days. Distributions under this paragraph shall be calculated in each case net of all then applicable fees and expenses of the investment pool. The pooling agreement shall provide that the pool manager shall distribute to a participant, at the discretion of the pool manager: (A) In cash, the then fair market value of the participant's pro rata share of each underlying asset of the investment pool; (B) In kind, a pro rata share of each underlying asset; or (C) In a combination of cash and in kind distributions, a pro rata share of each underlying asset; and

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(6) The pool manager shall make the records of the investment pool available for inspection by the Commissioner. 33-11A-9. An investment pool authorized under this chapter must be a business entity. 33-11A-10. Transactions between an investment pool and its participants shall not be subject to the provisions of Code Section 33-13-5. Investment activities of an investment pool and transactions between such pools and pool participants shall be reported annually in the registration statement required by Code Section 33-13-4. SECTION 2. Code Section 40-9-101 of the Official Code of Georgia Annotated, relating to motor vehicle self-insurers, is amended by striking subparagraph (a) (3) (G) and inserting in lieu thereof the following: (G) Until December 31, 1997, 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, 1996. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. ELECTIONS MUNICIPAL QUALIFYING PERIOD. Code Section 21-3-91 Amended. No. 392 (House Bill No. 19). 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 for qualifying periods for special elections; to provide for related matters; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 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) Each candidate or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent 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, he 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 commence no earlier than the date of the call and shall end no later 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.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. CONSERVATION AND NATURAL RESOURCES LIEN ON REAL PROPERTY ON WHICH ENVIRONMENTAL PROTECTION DIVISION PERFORMED CORRECTIVE ACTION. Code Sections 12-8-94, 12-8-96, and 44-14-320 Amended. No. 393 (House Bill No. 470). AN ACT To amend Part 2 of Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Site Response Act, and Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, so as to provide for a lien on real property on which the Environmental Protection Division of the Department of Natural Resources has performed certain corrective action; to provide for the perfection of such lien; to provide for priorities of liens; to provide for foreclosure; 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 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Hazardous Site Response Act, is amended by inserting at the end of Code Section 12-8-96, relating to corrective action upon the release of hazardous waste and other substances, a new subsection (e) to read as follows: (e) Whenever the director utilizes funds from the hazardous waste trust fund, such expenditure shall constitute a debt to the state. Any such debt, together with interest accruing at a rate of 12 percent per annum, shall constitute a lien on the real property for which such funds are being expended or have been expended. In order to perfect the lien created by this article, the director shall file a claim of lien with the clerk of the superior court in the county in which the real property is located. Such claim of lien shall, at a minimum, accurately describe the property on which the lien is imposed and shall state the type of corrective action,

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the authority pursuant to which the corrective action is being performed, the date the corrective action began, the cost to date of the claim, and the estimated total cost. Such claim of lien may be updated from time to time. The director shall mail a copy of the claim of lien to the owner of the real property and to all other persons the director believes to be liable for the cost of the corrective action. The clerk of the superior court shall index the claim of lien in the land records of the court. The filing of the claim of liens shall be notice to all persons of the state's lien against the real property. The lien provided by this Code section shall be superior to all other liens except liens for taxes and other prior perfected recorded liens or claims of record. The lien created by this Code section may be foreclosed as provided in Code Section 44-14-530. All funds obtained from the foreclosure or settlement of any lien filed under this Code section shall be deposited into the hazardous waste trust fund subject to the provisions of Code Section 45-12-92. No transferral of title, sale, or execution of lien, whether judicial or nonjudicial, shall divest the lien provided by this Code section. However, the lien provided for in this subsection shall not be available where the present owner of the real property otherwise subject to such lien did not cause or contribute to a release which resulted in the expenditure of hazardous waste trust funds upon the property, unless that owner knew or in the exercise of reasonable diligence should have known that the release was occurring during his or her period of ownership or that the release had occurred prior to his or her acquisition of ownership. SECTION 2. Said part is further amended by striking the word and at the end of paragraph (4) of subsection (a) of Code Section 12-8-94, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources, by striking the symbol . at the end of paragraph (5) of such subsection and inserting in lieu thereof the symbol and word ; and, and by inserting at the end of such subsection the following: (6) The director shall have the authority to perfect, foreclose, negotiate, settle, release or cancel any lien filed under subsection (e) of Code Section 12-8-96, where such action is in the best interest of the state. SECTION 3. Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens, is amended by striking the word and at the end of paragraph (14) of Code Section 44-14-320, relating to the creation of certain liens, by striking the symbol . at the end of paragraph (15) of such Code section and inserting at the end thereof the symbol and word ; and, and by inserting at the end thereof the following:

Page 1052

(16) Liens in favor of the state for expenditures from the hazardous waste trust fund pursuant to subsection (e) of Code Section 12-8-96. Such liens shall be superior to all other liens except liens for taxes and other prior perfected recorded liens or claims of record. SECTION 4. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, 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 22, 1997. COMMERCE AND TRADE ELECTRONIC RECORDS AND SIGNATURES; AUTHORIZED USE; PUBLIC DISCLOSURE RESTRICTED; ELECTRONIC MEDIA FOR CONDUCTING STATE AND PRIVATE BUSINESS; PILOT PROJECTS. Code Title 10, Chapter 12 Enacted. Code Section 50-18-72 Amended. Code Section 50-29-12 Enacted. No. 394 (Senate Bill No. 103). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to enact the Georgia Electronic Records and Signatures Act; to provide for a short title; to provide for legislative construction and definitions; to authorize the use of electronic records and electronic signatures instead of written ones and provide for the legal effect of such usage; to provide for recovery by a person whose electronic signature is used in an unauthorized fashion; to provide for a definition; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, so as to include certain information relating to electronic signatures in the exceptions; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the Information Technology Policy Act of 1995, so as to provide for legislative intent; to provide for authority for encouraging the conduct of governmental and private sector business using electronic media and provide for powers and duties of the Georgia Information Technology Policy Council; to provide for pilot projects; to provide for the Electronic Commerce Study Committee and its membership, allowances, duties, and powers; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended by adding at the end a new chapter to read as follows: CHAPTER 12 10-12-1. This chapter shall be known and may be cited as the `Georgia Electronic Records and Signatures Act.' 10-12-2. The provisions of this chapter shall be construed to promote the development of electronic government and electronic commerce. 10-12-3. As used in this chapter the term: (1) `Electronic signature' means an electronic or digital method executed or adopted by a party with the intent to be bound by or to authenticate a record, which is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed the electronic signature is invalidated. (2) `Record' means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. `Record' includes both electronic records and printed, typewritten, and tangible records. 10-12-4. Any person or entity, including but not limited to any department or agency of the state or any of its political subdivisions, may, but shall not be required to, accept or agree to be bound by an electronic record executed or adopted with an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record executed or adopted with an electronic signature, then: (1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied; and (2) Any rule of law which requires a signature shall be deemed satisfied.

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10-12-5. A person whose electronic signature is used in an unauthorized fashion may recover or obtain any or all of the following against the person who engaged in such unauthorized use, provided that the use of such electronic signature in an unauthorized fashion was negligent, reckless, or intentional: (1) Actual damages; (2) Equitable relief, including, but not limited to, an injunction or restitution of money or property; (3) Punitive damages under the circumstances set forth in Code Section 51-12-5.1; (4) Reasonable attorneys' fees and expenses; and (5) Any other relief which the court deems proper. As used in this Code section the term `person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. SECTION 2. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to exceptions to the disclosure of public records, is amended by striking or at the end of paragraph (10) of subsection (a) thereof, striking the period at the end of paragraph (11) of said subsection and inserting ;or, and adding immediately thereafter the following: (12) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term `electronic signature' has the same meaning as that term is defined in Code Section 10-12-3. SECTION 3. Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the Information Technology Policy Act of 1995, is amended by adding at the end a new Code section to read as follows: 50-29-12. (a) The General Assembly desires to promote economic development and efficient delivery of government services by encouraging state governmental agencies and private sector entities to conduct their business and transactions using electronic media.

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(b) All state agencies, authorities, and boards are authorized to establish pilot projects, which are to serve as models for the application of technology such as electronic signatures, through public and private partnerships with private companies providing such technology related services. Such pilot projects shall be approved by the Georgia Information Technology Policy Council. Such projects shall consider both commercial and government applications, be inclusive of major categories of electronic signature technology, and be established through a request for proposal process. The pilot projects are intended to provide a proof of concept for the application of technology, such as electronic signatures, and to serve to educate the General Assembly and the public at large as to the benefits of electronic signatures as well as the role of state government in any future regulatory capacity. One such pilot project may involve digital signatures and the use of a public key infrastructure established by a service provider. Any private partner chosen for these pilot projects may establish user fees to pay for the cost of these services so that no state funds would be required. (c) State agencies establishing pilot projects shall submit quarterly progress reports on such projects to the Georgia Information Technology Policy Council, and the council shall then submit such reports to the Electronic Commerce Study Committee. The council shall monitor the success of such pilot projects and provide technical assistance to the extent that resources of the council are available. (d) There is created the Electronic Commerce Study Committee to be composed of 12 members. The committee shall study the issues relating to electronic records and signatures. The President of the Senate shall appoint five members to the committee, three of whom shall be members of the Senate and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The Speaker of the House of Representatives shall appoint five members to the committee, three of whom shall be members of such House and two of whom shall be citizen members with recognized interest and expertise in electronic commerce. The President of the Senate and Speaker of the House of Representatives shall also each designate from among their legislator appointees one cochair of the committee. The Georgia Information Technology Policy Council shall appoint one member to the committee. The Secretary of State shall appoint one member to the committee. The committee, upon the call of either cochair, is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties, and accomplish its objectives and purposes. Legislative members and citizen members shall receive the allowances authorized by law for members of interim legislative committees for their services on the committee but shall receive the same for not more than five days. Members of the committee who are state officials, other than legislative

Page 1056

members, and state employees shall receive no compensation for their services on the committee, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the committee. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this subsection shall come from the funds appropriated to or otherwise available to the Senate and House of Representatives. If 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 15, 1997. The committee shall stand abolished December 15, 1997. 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 22, 1997. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION TELEPHONE SERVICE; 22 MILE TOLL-FREE CALLING AREAS; ESTABLISHMENT; RATES. Code Section 46-2-25.3 Enacted. No. 395 (House Bill No. 888). AN ACT To amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, so as to provide for a 22 mile toll-free calling area within certain local telephone exchanges; to provide that the commission shall determine the rate increase necessary to implement such a calling area; to provide that in certain cases the commission shall poll the subscribers of each such exchange; to provide that under certain conditions the commission shall order the implementation of a 22 mile toll-free calling area and a concurrent rate increase; to provide for determination of net gain; to provide for applicability with respect to other laws; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission generally, is amended by adding between Code Sections 46-2-25.2 and 46-2-26 a new Code Section 46-2-25.3 to read as follows: 46-2-25.3. (a) On and after June 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the commission in any local exchange as provided in subsection (b) or (c) of this Code section; provided, however, that the provisions of this Code section shall not apply to a subscriber who has elected an optional plan. Such calls made in the 22 mile radius shall be considered local calls. Nothing in this subsection shall preclude the offer of optional rate plans. (b)(1) For each telephone company which has not elected to have its rates, terms, and conditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the Public Service Commission may conduct hearings and accept evidence and, upon consideration of such evidence, shall determine if any telephone company should be authorized to increase its rates for basic exchange service to cover the reasonable costs of providing such toll-free service to customers of the telephone company throughout the 22 mile calling areas and to continue a reasonable rate of return on investment authorized in the rate schedule previously approved by the Public Service Commission for such telephone company. Such determination shall consider the availability of funds and other revenue sources to affected companies to offset the costs associated with such toll-free calling areas. If shall be within the discretion of the Public Service Commission to determine the methodology and source of recovery for any such affected telephone company. In determining the method of offsetting the costs associated with the 22 mile plan, the Public Service Commission shall first utilize any available earnings at the telephone companies seeking assistance in excess of those authorized in their respective tariffs. The commission shall be authorized to approve any increase in rates which the commission determines to be necessary to implement and accomplish the toll-free calling requirements of this Code section. (2) If the rate of increase determined pursuant to paragraph (1) of this subsection does not exceed $2.00 or 25 percent of the basic service rate then in effect, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchanges,

Page 1058

and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary. (3) If the rate of increase determined pursuant to paragraph (1) of this subsection exceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 22 mile toll-free expanded calling area service. If a majority of those subscribers who return ballots is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchange, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary. (c)(1) For each telephone company which has elected to have its rates, terms, and conditions for services determined pursuant to the alternative regulation provided for in Article 4 of Chapter 5 of this title, the commission shall determine for each local exchange company the increase in rates for basic local exchange services necessary to recover fully all revenues which would be lost if a 22 mile toll-free expanded calling area were implemented in that local exchange. (2) If the rate of increase determined pursuant to paragraph (1) of this subsection does not exceed $2.00 or 25 percent of the basic service rate then in effect, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchanges, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary. (3) If the rate of increase determined pursuant to paragraph (1) of this subsection exceeds $2.00 or 25 percent of the basic service rate then in effect, the commission shall conduct balloting of the subscribers in each local exchange proposed to receive the 22 mile toll-free expanded calling area service. If a majority of those subscribers who return ballots is in favor of both the service and the requisite increase in basic local exchange service rates, the commission shall require the concurrent implementation of a 22 mile toll-free expanded calling area and the increase in basic local exchange service rates for that exchange, and the local exchange company shall be permitted to increase the basic local exchange service rates notwithstanding any provision of Chapter 5 of this title to the contrary. (d)(1) As used in this subsection, the term `net gain' means the net revenue impact from the implementation less costs incurred as a result of the implementation of a 22 mile toll-free calling area.

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(2) The commission shall adopt a methodology to provide that any net gain which a telecommunications company experiences as a result of implementing this Code section be passed on to end user customers. (e) Nothing in this Code section shall be interpreted as amending, modifying, or repealing Code Section 46-2-23, relating to the rate-making power of the Public Service Commission generally and special provisions concerning telecommunications companies, or Article 4 of Chapter 5 of this title, `The Telecommunications and Competition Development Act of 1995.' 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 22, 1997. REVENUE AND TAXATION AD VALOREM TAXATION; TANGIBLE REAL AND PERSONAL PROPERTY; UNIFORM PROCEDURAL MANUAL FOR APPRAISAL. Code Section 48-5-269.1 Amended. No. 396 (House Bill No. 429). AN ACT To amend Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, so as to provide for adoption by the state revenue commissioner and requirement of use of a uniform procedural manual for appraising real property for ad valorem tax 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. Part 1 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to equalization of assessments, is amended by striking Code Section 48-5-269.1, relating to the uniform procedural manual for appraising tangible personal property, and inserting in its place a new Code Section 48-5-269.1, to read as follows:

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48-5-269.1. (a) The commissioner shall adopt by rule, subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and maintain an appropriate procedural manual for use by county property appraisal staff in appraising tangible real and personal property for ad valorem tax purposes. (b) The manual adopted by the commissioner pursuant to this Code section shall be utilized by county property appraisal staff in the appraisal of tangible real and personal property for ad valorem tax purposes. SECTION 2. Notwithstanding any provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. EDUCATION OFFICIAL STATE SCHOOL DESIGNATED. Code Section 20-1-6.1 Enacted. No. 397 (Senate Bill No. 16). AN ACT To amend Article 1 of Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relating to education, so as to designate Plains High School as the official Georgia state school; to repeal conflicting laws; and for other purposes. WHEREAS, Plains, Georgia, has been designated as a National Historic Site by Congress and is one of three national historic sites in the State of Georgia; and WHEREAS, in recognition of the historical significance and important role of Plains High School in the history of the city and its people, the United States Department of the Interior, National Park Service, with local assistance, has restored Plains High School as part of the historic site; and WHEREAS, the current building, which originally housed both elementary and high schools, was erected in 1921 at a cost of $50,000.00 and replaced an earlier frame structure; and WHEREAS, under the direction and leadership of Miss Julia Coleman and Mr. Y. T. Sheffield, each of whom served as principal of the school and as school superintendent at various times, Plains High School was known for

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its model curriculum, its outstanding facilities, and its dedicated faculty; and WHEREAS, the auditorium and library of Plains High School were the only nondenominational meeting facilities in Plains and were used for plays, Chautauqua performances, and other community events; and WHEREAS, President James Earl Carter, Jr., and Rosalynn Carter are graduates of Plains High School and membership on its school board was the first political office in which the President served; and WHEREAS, Plains High School played a significant role in the education and development of countless citizens of Plains and the State of Georgia and its place in the history of this state should properly be recognized. 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 relating to education, is amended by adding following Code Section 20-1-6 a new Code Section 20-1-6.1 to read as follows: 20-1-6.1. Plains High School is designated as the official Georgia state school. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. EDUCATION STUDENT SCHOLASTIC AND DISCIPLINE RECORDS; COPIES REQUIRED PRIOR TO ADMITTING TRANSFER STUDENTS; NOTIFICATION REGARDING COMMISSION OF DESIGNATED FELONY ACTS. Code Sections 20-2-670 and 20-2-671 Enacted. Code Section 15-11-37 Amended. No. 398 (House Bill No. 180). AN ACT To amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, so as to provide that a student enrolling for the first time in any school in grade seven or higher must provide a copy of his or her scholastic and discipline record; to provide that a transferring student may be admitted conditionally upon providing certain information and consenting to the release of certain records; to provide that school administrators shall notify teachers of certain information relating to a student's past behavior; to provide for a review of files and for confidentiality; to amend Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, so as to provide that any court making an adjudication that a juvenile has committed a designated felony act shall notify the school attended by such juvenile; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to school attendance, is amended by striking in its entirety Subpart 1, which reads as follows: Subpart 1 20-2-670 and 20-2-671. Reserved., and inserting in lieu thereof the following: Subpart 1 20-2-670. (a) A transferring student applying for admission to a grade higher than the sixth grade shall as a prerequisite to admission present a certified copy of his or her academic transcript and disciplinary record from the school previously attended. (b) In lieu of complying with the provision of subsection (a) of this Code section, a transferring student may be admitted on a conditional basis if he or she and his or her parent or legal guardian executes a document providing the name and address of the school last attended and authorizing the release of all academic and disciplinary records to the school administration. The parent or guardian shall be notified of the transfer of such records and shall, upon written request made within ten days of such notice, be entitled to receive a copy of such records. Within five days of the receipt of a copy of such records, the parent or guardian may make a written request for and shall be entitled to a hearing before the principal of the school or his or her designee which is the custodian of such records for the propose of challenging the content of the records. The student or his or her parent or legal guardian shall also disclose on the same document as the release whether the child has ever been adjudicated guilty of the commission of a designated felony act as defined in Code Section 15-11-37 and, if so, the date of such adjudication, the offense committed, the jurisdiction in

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which such adjudication was made, and the sentence imposed. Any form document to authorize the release of records which is provided by a school to a transferring student or such student's parent or legal guardian shall include a list of designated felony acts. The student or his or her parent or legal guardian shall also disclose on the document whether the student is currently serving a suspension or expulsion from another school, the reason for such discipline, and the term of such discipline. If a student so conditionally admitted is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-752, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment until such time as he or she becomes so eligible. (c) Every school system in this state shall be obligated to provide complete information to a requesting school pursuant to subsection (b) of this Code section within ten days of receipt of such request. 20-2-671. If any school administrator determines from the information obtained pursuant to Code Section 15-11-37 or 20-2-670 or from any other source that a student has committed a designated felony act, such administrator shall so inform all teachers to whom the student is assigned that they may review the information in the student's file provided pursuant to subsection (b) of Code Section 20-2-670 received from other schools or from the juvenile courts. Such information shall be kept confidential. SECTION 2. Code Section 15-11-37 of the Official Code of Georgia Annotated, relating to designated felony acts, is amended by inserting at the end thereof the following: (h) Any court making a finding or adjudication that a juvenile has committed a designated felony act shall identify the school last attended by such juvenile and the school which such juvenile intends to attend and shall transmit a copy of such adjudication or finding to the principals of the school which the juvenile last attended and the school which the juvenile intends to attend within 15 days of the adjudication or finding. Such information shall be subject to notification, distribution, and requirements as provided in Code Section 20-2-671. SECTION 3. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997.

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COURTS JUVENILE PROCEEDINGS; FELONY OFFENSES; JUVENILE RECORDS; BATTERY AGAINST SCHOOL PERSONNEL; ESCAPE BY JUVENILE OFFENDERS. Code Title 15, Chapter 11, Article 1 Amended. Code Sections 16-5-23.1 and 16-10-52 Amended. No. 399 (Senate Bill No. 132). 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 that the superior courts shall have exclusive jurisdiction over the trial of certain felony offenses involving juveniles; to provide for bail for juveniles who commit certain felony offenses; to provide that designated felonies are not subject to informal adjustment without notification to the district attorney; to provide for additional felony offenses to be considered designated felonies; to provide for the use of certain juvenile records in subsequent criminal proceedings; to provide that district attorneys, the accused, and superior court judges shall have access to such records and may use such records in the same manner as adult records; to increase the supervision fees in juvenile court; to provide for the limited disclosure of certain juvenile court records of delinquency cases; to change the conditions under which law enforcement records relating to juveniles shall be kept separate; to change the provisions relating to the inspection of juvenile records by law enforcement officers, school, and other officials; to amend Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to the offense of battery, so as to change the penalties for battery on teachers and other school personnel; to amend Code Section 16-10-52, relating to escape, so as to provide for escape by juvenile offenders; to provide for other matters relative to the foregoing; to provide for 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. This Act shall be known and may be cited as the Juvenile Justice Act of 1997. SECTION 2. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking paragraph (2) of subsection (b) of Code Section 15-11-5, relating to the jurisdiction of juvenile and superior court, and inserting in lieu thereof the following:

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(2)(A) The superior court shall have exclusive jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed any of the following offenses: (i) Murder; (ii) Voluntary manslaughter; (iii) Rape; (iv) Aggravated sodomy; (v) Aggravated child molestation; (vi) Aggravated sexual battery; or (vii) Armed robbery if committed with a firearm. (A.1) The granting of bail or pretrial release of a juvenile charged with an offense enumerated in subparagraph (A) of this paragraph shall be governed by the provisions of Code Section 17-6-1. (B) After indictment, the superior court may after investigation and for extraordinary cause transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph which is not punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution. Any such transfer shall be appealable by the State of Georgia pursuant to Code Section 5-7-1. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. Any case transferred by the superior court to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37. (C) Before indictment, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed an offense specified in subparagraph (A) of this paragraph. Upon declining such prosecution in the superior court, the district attorney shall immediately withdraw the case and lodge it in the appropriate juvenile court for adjudication. Any case transferred by the district attorney to the juvenile court pursuant to this subparagraph shall be subject to the designated felony provisions of Code Section 15-11-37 and the transfer of the case from superior court to juvenile court shall constitute notice to the child that such case is subject to the designated felony provisions of Code Section 15-11-37.

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(D) The superior court may transfer any case involving a child 13 to 17 years of age alleged to have committed any offense enumerated in subparagraph (A) of this paragraph and convicted of a lesser included offense not included in subparagraph (A) of this paragraph to the juvenile court of the county of the child's residence for disposition. Upon such a transfer by the superior court, jurisdiction shall vest in the juvenile court and jurisdiction of the superior court shall terminate. SECTION 3. Said article is further amended by inserting after subsection (c) of Code Section 15-11-14, relating to informal adjustment of certain juvenile cases, a new subsection (d) to read as follows: (d) If a child is alleged to have committed a designated felony act as defined in Code Section 15-11-37, the case shall not be subject to informal adjustment, counsel, or advice without the prior written notification of the district attorney or his or her authorized representative. SECTION 4. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 15-11-37, relating to designated felonies in juvenile court, and inserting in lieu thereof the following: (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, armed robbery not involving a firearm, or battery in violation of Code Section 16-5-23.1 if the victim is a teacher or other school personnel, 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;

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(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; (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; (viii) Any violation of Code Section 16-13-31, relating to trafficking in cocaine, illegal drugs, marijuana, or methamphetamine; (ix) Any criminal violation of Code Section 16-14-4, relating to racketeering; or (x) Any violation of Code Section 16-10-52, relating to escape, if the juvenile involved in the commission of such act has been previously adjudicated to have committed a designated felony; (C) Constitutes a second or subsequent adjudication of delinquency based upon a violation of Code Section 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; or (E) Constitutes a second or subsequent violation of Code Sections 16-8-2 through 16-8-9, relating to theft, if the property which was the subject of the theft was a motor vehicle. SECTION 5. Code Section 15-11-38 of the Official Code of Georgia Annotated, relating to the nature and effect of adjudication in juvenile courts, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) The disposition of a child and evidence adduced in a hearing 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; and, in such excepted cases, such records of dispositions and evidence shall be available to district attorneys and superior court judges and the accused and may be used in the same manner as adult records. SECTION 6. Said article is further amended by striking subsection (b) of Code Section 15-11-56.1, relating to supervision fees in juvenile courts, and inserting in lieu thereof the following:

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(b) The juvenile court may order each delinquent or unruly child who receives supervision under paragraph (2) of subsection (a) of Code Section 15-11-14, paragraph (5) of subsection (a) of Code Section 15-11-35, or Code Section 15-11-36 to pay: (1) An initial court supervision user's fee of not less than $10.00 nor more than $200.00; and (2) A court supervision user's fee of not less than $2.00 nor more than $30.00 for each month that the child receives supervision to the clerk of the court. The child and each parent, guardian, or legal custodian of the child may be jointly and severally liable for the payment of the fee and shall be subject to the enforcement procedure stated in subsection (b) of Code Section 15-11-56. The judge shall attempt to provide that any such fees shall be imposed on such terms and conditions as shall assure that the funds for the payment are from moneys earned by the juvenile. All moneys collected by the clerk under this subsection shall be transferred to the county treasurer, or such other county official or employee who performs duties previously performed by said treasurer, who shall deposit the moneys into a county supplemental juvenile services fund. The governing authority of the county shall appropriate moneys from the county supplemental juvenile services fund to the juvenile court for the court's discretionary use in providing supplemental community based services described in this subsection to juvenile offenders. These funds shall be administered by the county and the court may draw upon them by submitting invoices to the county. The county supplemental juvenile services fund may be used only for these services. Any moneys remaining in the fund at the end of the county fiscal year shall not revert to any other fund but shall continue in the county supplemental juvenile services fund. The county supplemental juvenile services fund may not be used to replace other funding of services. SECTION 7. Said article is further amended by striking Code Section 15-11-58, relating to inspection of court files and records, in its entirety and inserting in lieu thereof the following: 15-11-58. (a) Except in cases arising under Code Section 15-11-49, and subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, and with the exception of any complaint, petition, and order from any case that was open to the public pursuant to subsection (c.1) of Code Section 15-11-28, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect

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and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. (b) Notwithstanding any other provision of law, the complaint, petition, order of adjudication, and order of disposition in any delinquency case in which the child has been adjudicated to be delinquent for a violation of the criminal laws of this state shall be disclosed upon request of counsel for the state or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record. SECTION 8. Said article is further amended by striking Code Section 15-11-59, relating to juvenile law enforcement records, in its entirety and inserting in lieu thereof the following: 15-11-59. (a) Except as provided in Code Section 15-11-58, law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the case is one in which the general public may not be excluded from the hearings under subsection (c) or (c.1) of Code Section 15-11-28, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public. (c) Inspection of the records and files is permitted by: (1) A juvenile court having the child before it in any proceeding;

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(2) Counsel for a party to the proceedings, with the consent of the court; (3) The officers of public institutions or agencies to whom the child is committed; (4) Law enforcement officers of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties; (5) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding; (6) Officials of penal institutions and other penal facilities to which the child is committed; (7) A parole board in considering the child's parole or discharge or in exercising supervision over the child; or (8) Any school superintendent, principal, assistant principal, school guidance counselor, school social worker, school psychologist certified under Chapter 2 of Title 20, or school law enforcement officer appointed pursuant to Chapter 2, 3, or 8 of Title 20 when necessary for the discharge of their official duties. (d) The court shall allow authorized representatives of the Department of Children and Youth Services, the Department of Corrections, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on juveniles. SECTION 9. Code Section 16-5-23.1 of the Official Code of Georgia Annotated, relating to the offense of battery, is amended by inserting at the end thereof a new subsection (h) to read as follows: (h) Any person who commits the offense of battery against a teacher or other school personnel, engaged in the performance of official duties or while on school property shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both. SECTION 10. Code Section 16-10-52 of the Official Code of Georgia Annotated, relating to escape, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 16-10-52. (a) A person commits the offense of escape when he or she:

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(1) Having been convicted of a felony or misdemeanor or of the violation of a municipal ordinance, intentionally escapes from lawful custody or from any place of lawful confinement; (2) Being in lawful custody or lawful confinement prior to conviction, intentionally escapes from such custody or confinement; (3) Having been adjudicated of a delinquent or unruly act or a juvenile traffic offense, intentionally escapes from lawful custody or from any place of lawful confinement; (4) Being in lawful custody or lawful confinement prior to adjudication, intentionally escapes from such custody or confinement; or (5) Intentionally fails to return as instructed to lawful custody or lawful confinement or to any residential facility operated by the Georgia Department of Corrections after having been released on the condition that he or she will so return; provided, however, such person shall be allowed a grace period of eight hours from the exact time specified for return if such person can prove he or she did not intentionally fail to return. (a.1) Revocation of probation for conduct in violation of any provision of subsection (a) of this Code section shall not preclude an independent criminal prosecution under this Code section based on the same conduct. (b) A person who, having been convicted of a felony or misdemeanor, is convicted of the offense of escape shall be punished by imprisonment for not less than one nor more than ten years. Any other person convicted of the offense of escape shall be punished as for a misdemeanor, except that a person who commits the offense of escape while armed with a dangerous weapon shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years. SECTION 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 12. The provisions of this Act shall not affect or abate the status of a crime or delinquent act or of any such act or omission which occurred prior to the effective date of this Act, nor shall the prosecution of such crime or delinquent act be abated as a result of the provisions of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997.

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INSURANCE HEALTH PLAN PURCHASING COOPERATIVES; AUTHORIZATION; REGULATION. Code Title 33, Chapter 30A Enacted. No. 400 (Senate Bill No. 93). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to authorize the formation and operation of health plan purchasing cooperatives; to provide definitions; to provide procedures for the issuance of certificates of authority to health plan purchasing cooperatives; to provide for the duties of the Commissioner of Insurance; to provide for service areas; to provide for the powers, membership, duties, and responsibilities of health plan purchasing cooperatives; to provide for regulation for consumer protection; to provide for internal operations; to provide for the nonprofit status of a health plan purchasing cooperative and for operations as a nonprofit corporation; to provide for administrative services; to provide for regulations; to provide for applicability of certain laws; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, is amended by inserting immediately following Chapter 30, relating to group or accident and sickness insurance, a new chapter, to be designated as Chapter 30A, to read as follows: CHAPTER 30A 33-30A-1. As used in this chapter, the term: (1) `Agent' shall be defined as provided in Code Section 33-23-1. (2) `Carrier' means any entity that provides health insurance to employers in this state. For the purposes of this chapter, carrier includes an insurance company, hospital or medical service corporation, health care plan as defined in Code Section 33-20-3, fraternal benefit society, health maintenance organization, or any other licensed entity providing a plan of health insurance or health benefits subject to state insurance regulation. (3) `Health benefit plan' means any hospital or medical insurance policy or certificate, health care plan contract or certificate, qualified higher deductible health plan, or health maintenance organization subscriber contract. Health benefit plan does not include policies

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issued in accordance with Chapter 31 of this title; disability income policies; policies issued in accordance with Code Section 34-9-14 or 34-9-122.1; limited accident and sickness insurance policies such as credit, dental, vision, medicare supplement, long-term care, hospital indemnity, or specified disease insurance; coverage issued as a supplement to liability insurance; workers' compensation or similar insurance; or automobile medical payment insurance. (4) `Health plan purchasing cooperative,' `purchasing cooperative,' or `cooperative' means a nonprofit corporation authorized by the Commissioner pursuant to this chapter and operated for the benefit of members located within a particular geographic area of the state by providing members with purchasing services and detailed information on comparative prices, usage, medical outcomes, quality, and enrollee satisfaction through selected health benefit plans. For purposes of Chapter 30 of this title, a health plan purchasing cooperative shall be considered as a true group and not as an association. (5) `Medical outcome' means a change in an individual's health status after the provision of health services. (6) `Premium' means all moneys paid by an employer and eligible employees as a condition of receiving coverage from a carrier, including any fees or other contributions associated with the health benefit plan. Premiums shall not include fees for membership in the cooperative. (7) `Small employer' means any person, firm, corporation, partnership, association, political subdivision, or sole proprietor that is actively engaged in a business that, at the time of application, on at least 50 percent of its working days during the preceding calendar quarter, employed no fewer than two and no more than 50 eligible employees, in which a bona fide employer-employee relationship exists. In determining the number of eligible employees, companies that are affiliated companies or companies that are eligible to file a combined tax return for purposes of state taxation shall be considered one employer. Subsequent to the issuance of a health benefit plan to a small employer and for the purpose of determining eligibility, the size of a small employer shall be determined annually. Except as otherwise provided, provisions of this chapter that apply to a small employer shall continue to apply at least until the plan anniversary following the date the small employer no longer meets the requirements of this paragraph. Nothing in this chapter shall be construed to prohibit a carrier from including self-employed individuals in its definition of small employer. 33-30A-2. (a) On and after July 1, 1997, the Commissioner is authorized to issue certificates of authority to nonprofit corporations to operate as health

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plan purchasing cooperatives to provide services to members located within particular geographic areas of the state in accordance with the provisions of this chapter. (b) A health plan purchasing cooperative authorized by the Commissioner pursuant to subsection (a) of this Code section may also offer other related employee benefits and services to its members, including continuation coverage administration and purchasing services for limited accident and sickness insurance coverages such as dental, vision, and long-term care; provided, however, that a purchasing cooperative offering such related benefits or services must provide separate and explicitly identified rate or fee schedules for such benefits and services to distinguish them from health benefit plan premiums and membership fees. (c)(1) Any health benefit plan, limited accident and sickness policy, or other insurance offered through a cooperative must be provided by a carrier. (2) A cooperative may not directly provide insurance or bear any risk associated with any health benefit plan or other insurance offered through the cooperative. (d) No entity shall hold itself out as a health plan purchasing cooperative without a certificate of authority granted by the Commissioner. Any entity not authorized as a health plan purchasing cooperative by the Commissioner shall not use as part of its advertising or marketing any self-descriptive term which is confusingly similar to a health plan purchasing cooperative. Any entity not authorized as a health plan purchasing cooperative by the Commissioner and providing services substantially similar to those of a purchasing cooperative shall clearly indicate in its advertising and marketing materials that such entity is not a health plan purchasing cooperative. Failure to comply with this subsection shall be an unfair and deceptive act or practice in the business of insurance within the meaning of paragraph (1) of subsection (b) of Code Section 33-6-4. (e) Nothing in this chapter shall be deemed to permit a health plan purchasing cooperative to act as an insurer as defined in Code Section 33-1-2 or as an agent as defined in Code Section 33-23-1. 33-30A-3. (a) Each health plan purchasing cooperative shall serve a particular geographic area of the state that consists of either one entire county or more than one contiguous entire county. The Commissioner shall not authorize any purchasing cooperative to serve a geographic area which divides any county or contains noncontiguous counties. (b) Any purchasing cooperative which serves any portion of a metropolitan statistical area shall not serve less than all of that metropolitan

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statistical area. The Commissioner shall not authorize any purchasing cooperative to serve a geographic area which divides any metropolitan statistical area. (c) The authority granted by the Commissioner to a purchasing cooperative to serve a particular geographic area shall be nonexclusive, and there shall be no limit upon the number of purchasing cooperatives which may be authorized to serve any particular geographic area. (d) The Commissioner shall authorize service for any geographic service area as proposed by the applicant nonprofit corporation if such proposed service area meets the requirements of this Code section. (e) Except as provided elsewhere in this Code section, nothing in this chapter shall restrict the geographic area served by a purchasing cooperative having less than 100,000 enrolled member subscribers. For purposes of this subsection, the purchasing cooperative shall report to the Commissioner, in a manner prescribed by the Commissioner, the number of member subscribers enrolled in the purchasing cooperative on an annual basis. For purchasing cooperatives having greater than 100,000 enrolled member subscribers, the purchasing cooperative shall demonstrate annually, to the satisfaction of the Commissioner, that permission to continue to enroll additional member subscribers will not have an adverse effect on the availability of private health benefit plan coverage offered outside the purchasing cooperative's geographic service area. Failure to provide satisfactory evidence shall result in the suspension of the purchasing cooperative's authority to enroll additional member subscribers in all or part of the purchasing cooperative's geographic service area, until such time as the Commissioner shall conclude that the requirements of this subsection have been satisfied. (f) Officers, directors, or employees of a health plan purchasing cooperative shall not serve as officers, directors, or employees of another health plan purchasing cooperative. (g) A geographic area may include one or more contiguous counties in an adjoining state. 33-30A-4. (a)(1) Membership in a health plan purchasing cooperative shall be voluntary. (2) A purchasing cooperative shall accept for membership in the cooperative any eligible small employer which agrees to pay the membership fee and a premium for coverage through the purchasing cooperative and which abides by the bylaws and rules of the purchasing cooperative. (3) A purchasing cooperative may, at its option, accept for membership in the cooperative any otherwise eligible employer which does

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not qualify as a small employer because it employed more than 50 eligible employees during 50 percent or more of its working days during the previous calendar quarter. (4) A purchasing cooperative may, at its option, accept for membership in the cooperative any otherwise eligible employer which does not qualify as a small employer because it is an individual or sole proprietor. If a purchasing cooperative chooses to accept such employers, the purchasing cooperative may not discriminate in the acceptance process based upon health status. (5) A purchasing cooperative and its contracted carriers shall comply with the small group health insurance rating requirements provided for in Code Section 33-30-12. (b) Each purchasing cooperative shall have the following powers, duties, and responsibilities: (1) Establishing and clearly defining the conditions of membership and participation in the purchasing cooperative. Each cooperative shall establish conditions for small employers which must include, but need not be limited to, assurance that the group is a valid small employer and is not formed for the purpose of securing health benefit coverage and assurance that the individuals in the small employer group are employees and have not been added for the purpose of securing health benefit coverage. A purchasing cooperative shall not establish or enforce membership conditions or participation requirements, bylaws, rules, or policies, financial or otherwise, which have the effect of excluding or including membership on the basis of health status of otherwise eligible individuals or other risk characteristics, including, but not limited to, industry type, occupation, experience, age, gender, family composition, education, avocation, or income; nor shall a purchasing cooperative require any small employer, employee, self-employed individual, or dependent to subscribe to limited accident and sickness insurance policies, products, or services not related to health care; (2) Providing to cooperative members clear, standardized information on each health benefit plan or other coverage offered by carriers through the cooperative to cooperative members, including information on price, enrollee costs, quality, patient satisfaction, enrollment, and enrollee responsibilities and obligations and providing health benefit plan and other insurance comparison sheets in accordance with department rule; (3) Annually offering to all members of the cooperative all health benefit plans and other insurance offered by carriers which meet the requirements of this chapter and which submit a responsive proposal as to information necessary for health benefit plans and other insurance comparison sheets and providing assistance to cooperative

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members in selecting and obtaining coverage with carriers that meet those requirements. A purchasing cooperative shall, whenever feasible, contract with multiple, unaffiliated carriers to offer health benefit plans and other insurance to its members. A purchasing cooperative may selectively contract with carriers based on the quality and cost effectiveness of services and other factors deemed to be relevant by the purchasing cooperative; (4) Requesting proposals for health benefit plans and other insurance from carriers; (5) Establishing administrative procedures and accounting procedures consistent with generally accepted accounting principles for the operation of the cooperative and members' services, preparing an annual cooperative budget, and preparing annual program and fiscal reports on cooperative operations as required by this chapter; (6) Developing and implementing a marketing plan to publicize the cooperative to potential members; (7) Developing grievance procedures to be used in resolving disputes between members and the cooperative and disputes between carriers and the cooperative. Any member of, or carrier that serves, a cooperative shall not be prohibited from filing grievances directly with the department; (8) Ensuring that carriers have grievance procedures to be used in resolving disputes with members of the cooperative. A member may appeal to the cooperative any grievance that is not resolved by the carrier; (9) Maintaining all records, reports, and other information required by this chapter or by department rule or other applicable laws; (10) Contracting with qualified, independent third parties for any services necessary to carry out the powers and duties required by this chapter; (11) Assisting agents or employees in enrolling eligible members, employees, and dependents in selected health benefit plans and other insurance and services, establishing procedures for collecting premiums, collecting premiums, appropriately distributing collected premiums to participating carriers, and paying third-party contractors. The cooperative shall pay participating carriers their contracting premium amounts on a prepaid monthly basis or as otherwise mutually agreed upon; and (12) Working with participating carriers to establish standard criteria for selecting participating licensed agents. (c) Each cooperative may set and collect reasonable fees for membership in the cooperative which may finance reasonable and necessary

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costs incurred in administering the cooperative. Any such fee must be clearly identified and not inconsistent with the provisions of paragraph (1) of subsection (b) of this Code section. (d)(1) Each cooperative shall provide semiannual financial statements and annual reports regarding cooperative programs and operations to the Commissioner. (2) Each cooperative shall provide for annual independent audits by a certified public accountant and make reports of such audits available to the Commissioner and the public. (3) Each purchasing cooperative shall file annually with the Commissioner, at such time and in such form and manner as specified by the Commissioner, evidence of adequate security and prudence in account, premium collection, and the handling and transfer of moneys and evidence of compliance with the provisions of this chapter, including a description of the specific services provided by the purchasing cooperative. (e) Each purchasing cooperative shall maintain a trust account or accounts for the deposit of any premium moneys collected. (f) Each purchasing cooperative shall disclose to the Commissioner any oral or written agreements made prior to its authorization as a purchasing cooperative. (g) Any act of selling health benefit plans or other insurance shall be in accordance with Chapter 23 of this title. 33-30A-5. The department shall assist health plan purchasing cooperatives. To this end, the department is responsible for: (1) Initially and thereafter annually certifying that each cooperative complies with the provisions of this chapter and regulations adopted pursuant to Code Section 33-30A-9. The department may decertify any cooperative if the cooperative fails to comply with the provisions of this chapter and the regulations adopted by the Commissioner; (2) Conducting an annual review of the performance of each cooperative to ensure that the cooperative is in compliance with the provisions of this chapter and applicable regulations; (3) Establishing criteria for plans to be offered through cooperatives to cooperative members. Such plans may include without limitation fee-for-service plans, preferred provider organizations, health maintenance organizations, provider sponsored health care corporation plans, and medical savings accounts; (4) Receiving and reviewing appeals by members of a cooperative and carriers whose grievances were not resolved by the cooperative; and

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(5) Providing annually to the House Committee on Insurance and the Senate Insurance and Labor Committee a detailed status report on the effect and administration of this chapter. 33-30A-6. (a) Each cooperative shall use appropriate, efficient, and standardized means to notify members of the availability of health benefit plan coverage offered through the cooperative. (b)(1) Each cooperative shall make available to its members marketing materials prepared by or for the cooperative that accurately summarize the health benefit plans and other insurance and services that are offered through it to members, including descriptions and standardized comparisons of each plan or service and information on price, benefits, and measures of performance such as medical outcomes and consumer satisfaction. A purchasing cooperative shall disseminate such descriptive and comparative information to all members of the cooperative. (2) Such marketing materials and measures of performance shall be filed with and approved by the Commissioner prior to the use or dissemination of such materials or measures of performance. (c)(1) Each cooperative shall offer annually to each member all health benefit plans and other insurance and services available through the cooperative and provide each member with the appropriate materials relating thereto. (2) Each purchasing cooperative shall adopt its own policy regarding whether member employers shall be permitted to limit the selection of carriers, health benefit plans, or other insurance for their employees from among those health benefit plans and other insurance policies offered through the purchasing cooperative. Any limitation imposed by an employer must be made without discrimination as to the health status of an individual or class. 33-30A-7. (a)(1) Each purchasing cooperative shall be a nonprofit corporation, and the provisions of Chapter 3 of Title 14 shall apply to each purchasing cooperative; provided, however, that the provisions of this chapter shall control to the extent of any conflict with the provisions of Chapter 3 of Title 14. (2) Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation must provide the Commissioner with a certificate of existence issued pursuant to Code Section 14-3-128. (b) A purchasing cooperative may not amend its articles of incorporation to operate as a for profit corporation.

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(c) Nothing in this Code section shall limit a cooperative from contracting with a for profit corporation to provide services specified in paragraph (10) of subsection (b) of Code Section 33-30A-4. (d)(1) No person having had a financial interest in a purchasing cooperative's financing, marketing, or delivery of services, other than as a representative of a member employer or a consumer of services, during the immediately preceding 12 month period shall serve as a member of the board of directors of the purchasing cooperative. (2) No person serving as a member of the board of directors of a purchasing cooperative shall have a financial interest in the purchasing cooperative's financing, marketing, or delivery of services, other than as a representative of a member employer or as a consumer of services, during his or her term as a board member. (e) A purchasing cooperative may establish, as it deems necessary and appropriate, an advisory group to assist its board of directors in deliberations. Such advisory group may include health care providers, carriers, insurance agents, consumers, or other persons. 33-30A-8. (a) Prior to authorization by the Commissioner to operate as a health plan purchasing cooperative, a nonprofit corporation shall, directly or through a contractor which provides administrative services to the corporation, file with the Commissioner a corporate surety bond in an amount deemed adequate by the Commissioner to provide for administration of the proposed purchasing cooperative for a six-month period, in favor of the state and for the use and benefit of the state and of members and creditors of the cooperative. Such bond shall be for protection against insolvency; or against malfeasance, including fraud or theft of funds. The bond shall be conditioned as follows: (1) For prompt payment of premiums due; (2) For payment of all indebtedness of the corporation; and (3) For payment of costs incurred by the state in the administration of the corporation. (b) Any such bond filed or deposit made or remaining portion thereof held under this Code section shall be released and discharged upon settlement and termination of all liabilities against it. (c) Any health benefit plan offered through a purchasing cooperative must guarantee uninterrupted coverage for a six-month period in the event of the purchasing cooperative's insolvency, subject to timely payment of premiums due. (d) Examinations, rehabilitation, receivership, orders, and administrative supervision of health plan purchasing cooperatives shall be in accordance with this title.

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33-30A-9. The Commissioner shall issue regulations in accordance with Code Section 33-2-9 for the administration of this chapter. 33-30A-10. Fees collected by the Commissioner under this chapter shall be as authorized under Chapter 8 of this title. 33-30A-11. Health plan purchasing cooperatives shall be subject to the provisions of Chapter 6 of this title. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. CONSERVATION AND NATURAL RESOURCES SOLID WASTE MANAGEMENT; MODIFICATIONS FOR VERTICAL EXPANSIONS OF MUNICIPAL SOLID WASTE LANDFILLS; PUBLIC HEARINGS PRIOR TO LANDFILL CONTRACTS; COLLECTION OF LOCAL FEES, TAXES, AND ASSESSMENTS; SCRAP TIRES; DEACTIVATION OF WASTE MANAGEMENT AUTHORITIES. Code Title 12, Chapter 8, Article 2 Amended. No. 401 (House Bill No. 612). AN ACT To amend Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management, so as to provide for modifications for vertical expansion permits for certain municipal solid waste landfills for a public hearing before a county, city, local authority, or special district contracts for the sale, lease, or management of a landfill or solid waste disposal facility; to provide that a local governing authority may specify that certain taxes, fees, or assessments shall be collected by the tax commissioner or the tax collector; to provide that a generator of scrap tires who follows the laws relating to disposal shall not be liable for the cost of cleanup of such tires; to provide that units of local government which have activated waste management authorities may deactivate the same by ordinance or resolution; to provide for the disposition of the assets and liabilities of such authorities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the Georgia Comprehensive Solid Waste Management Act, is amended by striking its entirety paragraph (5) of subsection (e) of Code Section 12-8-24, relating to permits for solid waste or special solid waste handling, disposal, or thermal treatment technology facilities, and inserting in lieu thereof the following: (5) Modifications for vertical expansions issued under this Code section may be restricted in duration, but in no case shall be effective beyond July 1, 1998, for municipal solid waste landfills not having liners and leachate collection systems. SECTION 2. Said part is further amended by inserting immediately following Code Section 12-8-24.1 a new Code section to read as follows: 12-8-24.2. The governing authority of any county or municipal corporation and the directors or managers of any local authority or special district shall hold a public hearing before entering into a contract for the sale, lease, or management of a landfill or solid waste disposal facility owned by such county, municipal corporation, local authority, or special district. The party responsible for holding such a public hearing shall cause notice of the hearing to be posted at the site of the landfill or facility and to run in a newspaper of general circulation serving the county, municipal corporation, local authority, or special district not less than 30 nor more than 45 days prior to the date of the hearing. SECTION 3. Said part is further amended by striking in its entirety subsection (a) of Code Section 12-8-39.3, relating to the collection of taxes, fees, and assessments, and inserting in lieu thereof the following: (a) Any city, county, or authority which operates a solid waste handling facility or provides solid waste collection services or both and which levies and collects taxes, fees, or assessments to accomplish the purposes of this part shall be further authorized to enforce by ordinance or resolution the collection of taxes, fees, or assessments due a city, county, or authority in the same manner as authorized by law for the enforcement of the collection and payment of state taxes, fees, or assessments. Any such ordinance or resolution enacted by a county governing

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authority may provide that the tax commissioner or tax collector of such county shall be the officer charged with the enforcement of its provisions. SECTION 4. Said part is further amended by striking in its entirety paragraph (5) of subsection (i) of Code Section 12-8-40.1, relating to tire disposal restrictions, and inserting in lieu thereof the following: (5) The division may bring an action or proceeding against the property owner or the person having possession, care, custody, or control of the scrap tires or other scrap tire materials to enforce the corrective action order issued under Code Section 12-8-30 and recover any reasonable and necessary expenses incurred by the division for corrective action, including administrative and legal expenses. The division's certification of expenses shall be prima-facie evidence that the expenses are reasonable and necessary. Notwithstanding any other provision of this subsection, any generator of scrap tires who is identified as being a contributor to the materials which are the object of the abatement and who can document that he or she has fully complied with this part and all rules promulgated pursuant to this part in disposing of such scrap tires shall not be liable for any of the cost of recovery actions of the abatement. SECTION 5. Said article is further amended by adding a new Code Section 12-8-59.2 to read as follows: 12-8-59.2 (a) As used in this Code section, the term `project' shall mean any interest of the authority in a project as otherwise defined in this part. (b) The governing body of any unit of local government which has authorized the functioning of an authority pursuant to Code Section 12-8-53 may by proper resolution or ordinance declare that there is no need for such authority to function in the county or municipal corporation. Upon such declaration by all units of local government which previously authorized the activation of the authority and upon compliance by such units of local government with the provisions of subsection (c) of this Code section, the authority shall cease to transact any business or exercise any powers inconsistent with the winding up of its affairs. (c) No resolutions or ordinances of units of local government declaring the functioning of a previously activated authority to be unnecessary shall be of any force and effect until: (1) In the case of an authority having outstanding notes or bonds:

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(A) Said notes or bonds have been paid or retired according to their terms or acquired by such units of local government; or (B) Appropriate contractual arrangements have been made by such units of local government to lease or purchase the authority's projects, or to arrange to have the authority's projects leased or purchased by others, consistent with the terms of said notes or bonds on such terms as will together with any existing debt service reserves held by the authority provide for the payment of the principal and interest on said notes or bonds; and (C) Appropriate arrangements have been made by such units of local government, or in the case of authorities activated pursuant to subsection (b) of Code Section 12-8-53, appropriate contractual and other arrangements have been made by, among, and between all units of local government which previously authorized the activation of the authority: (i) To hold, operate, or dispose of all assets or projects of the authority in the case of the transfer of such assets and projects by the authority to such units of local government, but nothing in this Code section shall require the continued operation of any project by such units of local government; (ii) To assume or satisfy, or arrange to have assumed or satisfied, all contracts, leases, agreements, or obligations previously entered into or incurred by the authority with respect to the acquisition or operation of such assets or projects, consistent with the terms thereof, other than notes or bonds, but nothing in this Code section shall require the renewal, continuation beyond its terms, or extension of any such contract, lease, agreement, or obligation; and (iii) To make provision, by creation of a reserve fund or otherwise, for residual obligations which may from time to time arise during the period of winding up of the affairs of the authority pursuant to subsection (d) of this Code section; or (2) In the case of an authority having no outstanding notes or bonds, there has been compliance with the terms of subparagraph (C) of paragraph (1) of this subsection. (d)(1) Upon compliance by all units of local government which previously authorized the activation of the authority with subsections (b) and (c) of this Code section, the board of directors of the authority shall cause to be transferred to such units of local government, at such a time and on such reasonable terms and conditions as may be agreed to between the authority and such units of local government and subject to the arrangements made under and the provisions of subsection (c) of this Code section, the assets, projects, contracts,

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leases, agreements, and obligations of the authority. The board of directors of any such authority shall take all steps necessary or convenient to carry out the provisions of this Code section consistent with the benefit of the public. (2) The board of directors of the authority shall continue in existence for a period of time sufficient for the orderly winding up of the affairs of the authority and, in the case of an authority having outstanding notes or bonds, for a reasonable period of time after such notes or bonds have been paid or retired and may exercise any power usually possessed by private corporations of this state in the process of winding up their affairs not in conflict with the Constitution or laws of this state. In the course of such winding up, the board of directors shall have access to any funds made available pursuant to division (c)(1)(C)(iii) of this Code section but shall exercise control over such funds as fiduciaries, shall disburse such funds only for purposes appropriate to the winding up of the affairs of the authority, and shall account for any remainder of such funds to the units of local government which authorized the activation of the authority. (3) Upon the completion of the process of winding up of the affairs of the authority, the board of directors shall relinquish control of any remaining funds made available pursuant to division (c)(1)(C)(iii) of this Code section to the units of local government which authorized the activation of the authority and by resolution dissolve itself, whereupon such authority shall become dormant but may be reactivated by compliance with Code Section 12-8-53. SECTION 6. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. ALCOHOLIC BEVERAGES ATTEMPTED PURCHASE BY PERSON UNDER AGE 21 PROHIBITED; SEIZURE OF DRIVER'S LICENSE TENDERED AS IDENTIFICATION; SUSPENSION OF DRIVER'S LICENSE. Code Section 3-3-23, 3-3-23.1, and 40-5-63 Amended. No. 402 (House Bill No. 250). AN ACT To amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, so as to provide that no person under the age of 21 years shall attempt to purchase alcoholic beverages; to authorize retailers or retail consumption dealers to either seize and retain the driver's license of any person under the age of 21 years tendered as identification by such person attempting to purchase alcoholic beverages or to write down the name, address, and license number recorded on such license; to provide for suspension of the driver's license of any person who attempts to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of drivers' license suspension, so as to provide for the suspension of the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts relative to the sale of alcoholic beverages, is amended by striking Code Section 3-3-23, relating to furnishing alcoholic beverages to persons under 21 years of age and the duty of a seller or furnisher of alcoholic beverages to request proper identification, and inserting in its place the following: 3-3-23. (a) Except as otherwise authorized by law: (1) No person knowingly, directly or through another person, shall furnish, cause to be furnished, or permit any person in such person's employ to furnish any alcoholic beverage to any person under 21 years of age; (2) No person under 21 years of age shall purchase, attempt to purchase, or knowingly possess any alcoholic beverage; (3) No person under 21 years of age shall misrepresent such person's age in any manner whatever for the purpose of obtaining illegally any alcoholic beverage; (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcoholic beverage for or on behalf of a person under 21 years of age; or (5) No person under 21 years of age shall misrepresent his or her identity or use any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

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(b) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or (2) At a religious ceremony. (c) The prohibitions contained in paragraphs (1), (2), and (4) of subsection (a) of this Code section shall not apply with respect to the possession of alcoholic beverages for consumption by a person under 21 years of age when the parent or guardian of the person under 21 years of age gives the alcoholic beverage to the person and when possession is in the home of the parent or guardian and such parent or guardian is present. (d) The prohibition contained in paragraph (1) of subsection (a) of this Code section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is 21 years of age or older. For purposes of this subsection, the term 'proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. `Proper identification' shall not include a birth certificate and shall not include any traffic citation and complaint form. (e) If such conduct is not otherwise prohibited pursuant to Code Section 3-3-24, nothing contained in this Code section shall be construed to prohibit any person under 21 years of age from: (1) Dispensing, serving, selling, or handling alcoholic beverages as a part of employment in any licensed establishment; (2) Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or (3) Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. (f) Testimony by any person under 21 years of age, when given in an administrative or judicial proceeding against another person for violation of any provision of this Code section, shall not be used in any administrative or judicial proceedings brought against such testifying person under 21 years of age. (g) Nothing in this Code section shall be construed to modify, amend, or supersede Chapter 11 of Title 15.

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(h) In any case where a reasonable or prudent person could reasonably be in doubt as to whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is actually 21 years of age or older, it shall be the duty of the person selling or otherwise furnishing such alcoholic beverage to request to see and to be furnished with proper identificatin as provided for in subsection (d) of this Code section in order to verify the age of such person; and the failure to make such request and verification in any case where the person to whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be considered by the trier of fact in determining whether the person selling or otherwise furnishing such alcoholic beverage did so knowingly. (i) Any retailer or retail consumption dealer, or any person acting on behalf of such retailer or retail consumption dealer, who upon requesting proper identification from a person attempting to purchase alcoholic beverages from such retailer or retail consumption dealer pursuant to subsection (h) of this Code section is tendered a driver's license which indicates that such driver's license is falsified, is not the driver's license of the person presenting it, or that such person is under the age of 21 years, the person to whom said license is tendered shall be authorized to either write down the name, address, and license number or to seize and retain such driver's license and in either event shall immediately thereafter summon a law enforcement officer who shall be authorized to seize the license either at the scene or at such time as the license can be located. The procedures and rules connected with the retention of such license by the officer shall be the same as those provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. SECTION 2. Said article is further amended by striking Code Section 3-3-23.1, relating to procedure and penalties upon violation of Code Section 3-3-23, and inserting in its place the following: 3-3-23.1. (a) It is unlawful for any person knowingly to violate any prohibition contained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchasing, attempting to purchase, and possession of alcoholic beverages by, a person under 21 years of age. (b)(1) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the first conviction, be guilty of a misdemeanor, except that any person convicted of violating paragraph (2) of subsection (a) of Code Section 3-3-23, upon the first conviction, be guilty of a misdemeanor and shall be punished by not more than 30 days' imprisonment or a fine of not more than $300.00, or both.

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(2) Any person convicted of violating any prohibition contained in subsection (a) of Code Section 3-3-23 shall, upon the second or subsequent conviction, be guilty of a misdemeanor of a high and aggravated nature. (3) In addition to any other penalty provided for in paragraphs (1) and (2) of this subsection, the driver's license of any person convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for six months and upon the second or subsequent conviction shall be suspended for one year. (c) Whenever any person who has not been previously convicted of any offense under this Code section or under any other law of the United States or this or any other state relating to alcoholic beverages pleads guilty to or is found guilty of a violation of paragraph (2) or (3) of subsection (a) of Code Section 3-3-23, the court, without entering a judgment of guilt and with the consent of such person, may defer further proceedings and place such person on probation upon such reasonable terms and conditions as the court may require. The terms of probation shall preferably be such as require the person to undergo a comprehensive rehabilitation program (including, if necessary, medical treatment), not to exceed three years, designed to acquaint such person with the ill effects of alcohol abuse and with knowledge of the gains and benefits which can be achieved by being a good member of society. Upon violation of a term or condition of probation, the court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions of probation, the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dismissal under this subsection shall be without court adjudication of guilt and shall not be deemed a conviction for purposes of this subsection or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. Discharge and dismissal under this subsection may occur only once with respect to any person. (d) Unless the officer has reasonable cause to believe such person is intoxicated, a law enforcement officer may arrest by issuance of a citation a person accused of violating only paragraph (2) of subsection (a) of Code Section 3-3-23. The citation shall enumerate the specific charges against the person and either the date upon which the person is to appear and answer the charges or a notation that the person will be later notified of the date upon which the person is to appear and answer the charges. If the person charged shall fail to appear as required, the judge having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of his or her failure to appear as required. Nothing in this subsection shall be construed to

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invalidate an otherwise valid arrest by citation of a person who is intoxicated. (e) A law enforcement officer arresting a person by the issuance of a citation under subsection (d) of this Code section may require any such person having a driver's license or instruction permit to deposit such license or permit with the arresting officer in order to ensure the appearance of such person to answer the charges against him or her. The procedures and rules connected with the acceptance of such license or permit and subsequent disposition of the case shall be the same as provided for the acceptance of a driver's license as bail on arrest for traffic offenses pursuant to Code Section 17-6-11. (f) In addition to any other punishment or sentence, the court may order all persons convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Failure to complete such program within 120 days shall be contempt of court and shall be punished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operating a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing. SECTION 3. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of drivers' license suspension, is amended by adding at the end thereof a new subsection (f) to read as follows: (f) The driver's license of any person who is convicted of attempting to purchase an alcoholic beverage in violation of paragraph (2) of subsection (a) of Code Section 3-3-23 upon the first conviction shall be suspended for a period of six months and upon the second or subsequent conviction shall be suspended for a period of one year. At the end of the period of suspension, the person may apply to the Department of Public Safety for reinstatement of his or her driver's license. Such license shall be reinstated upon payment of a restoration fee of $35.00 or $25.00 when processed by mail. For purposes of this subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended.

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SECTION 4. This Act shall become effective July 1, 1997. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. HEALTH HEALTH CARE FACILITIES; TRANSFERS OF ASSETS OF NONPROFIT CORPORATIONS WHICH OWN, CONTROL, OR OPERATE HOSPITALS; TRANSFERS OF ASSETS OF HOSPITALS OWNED OR OPERATED BY HOSPITAL AUTHORITIES. Code Title 31, Chapter 7, Article 15 Enacted. Code Section 31-7-89.1 Enacted. No. 403 (House Bill No. 600). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to health care facilities, so as to require notification of certain transfers of assets of nonprofit corporations which own, control, or operate hospitals when the transfer is to certain acquiring entities; to provide for definitions; to provide for duties and powers of the Attorney General; to require that certain members of the governing board and the chief executive officer of a nonprofit corporation that proposes to dispose of hospital assets, and certain other members of the governing board and chief executive officers of such nonprofit corporations, file certifications regarding the transaction; to provide for notices of the transaction and forms, fees, and publication relating thereto; to provide for public hearings regarding the transaction; to provide for testimony of and disclosures by experts and consultants; to provide for testimony by parties to the transaction; to provide for the purpose of the hearings and for disclosures and procedures relating thereto; to provide for enforcement of compliance and for fines and proceedings relating thereto; to prohibit the issuance or renewal of hospital permits and provide for their revocation and suspension; to provide for applicability; to provide that certain violative transactions are void; to provide that certain transfers of hospital assets owned or operated by a hospital authority, when transferred to certain acquiring entities, are subject to the same requirements as transfers of hospital assets of nonprofit corporations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospitals and other health care facilities, is amended by adding at the end thereof the following: ARTICLE 15 31-7-400. As used in this article the term: (1) `Acquiring entity' means an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, hospital authority, or any other for profit or not for profit entity which is a purchaser or lessee of an acquisition. (2) `Acquisition' means a purchase or lease by an acquiring entity of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation and which meets one or more of the following conditions: (A) Constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a purchase or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a purchase or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that an acquisition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county. (3) `Attorney General' means the Attorney General of the State of Georgia or some other attorney employed in the Attorney General's office and designated to perform the functions required by this article. (4) `Control' or `controlling interest' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or decisions of the entity in question. (5) `Disposition' means a sale or lease of the assets of a hospital which is owned, controlled, or operated by a nonprofit corporation to an acquiring entity which meets one or more of the following conditions:

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(A) Constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; or (B) Constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a five-year period, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that a disposition does not include the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county. (6) `Family' means a spouse, child, or sibling. (7) `Financial interest' means the direct or indirect ownership of any assets or stock of any business. (8) `Hospital' means any institution classified and having a permit as a hospital from the department pursuant to this chapter and the department's rules and regulations. (9) `Related party' means an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, or any other for profit or not for profit entity that owns or controls, is owned or controlled by, or operates under common ownership or control with a party in question. (10) `Transaction' means an acquisition and disposition. 31-7-401. No acquiring entity shall engage in an acquisition without first notifying the Attorney General pursuant to this article. No nonprofit corporation which owns, controls, or operates, directly or indirectly, a hospital having a permit under this chapter shall engage in a disposition without first notifying the Attorney General pursuant to this article. The parties to the transaction shall provide the Attorney General with at least 90 days' notice of the proposed transaction prior to its consummation. 31-7-402. (a) Notice to the Attorney General required by this article shall include the name of the seller or lessor; the name of the acquiring entity and other parties to the acquisition; the county in which the main campus of the hospital is located; the terms of the proposed agreement and any related agreements including leases, management contracts, and service contracts; the acquisition price; a copy of the acquisition agreement and

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any related agreements including leases, management contracts, and service contracts; any valuations of the hospital's assets prepared in the three years immediately preceding the proposed transaction date; a financial and economic analysis and report from any expert or consultant retained by the seller or lessor which addresses each of the criteria set forth in Code Section 31-7-406; articles of incorporation and bylaws of the nonprofit corporation and related entities and foundations; all donative documents reflecting the purposes of prior gifts of more than $100,000.00 in value by donors to the nonprofit corporation or any related entities or foundations for or on behalf of the hospital; and all documents pertaining to the disposition of assets, including those documents which are included as schedules or exhibits to the acquisition agreement and any related agreements. (b) The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70. (c) Notice to the Attorney General shall be accompanied by the payment by either the seller or lessor, or by the acquiring entity, of a fee in the amount of $50,000.00. (d) The Attorney General shall be authorized to retain financial, economic, health planning, or other experts or consultants to assist in addressing each of the criteria set forth in Code Section 31-7-406. 31-7-403. (a) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a separate certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath, stating whether that director or officer of the nonprofit corporation is then or may become within the three-year period following the completion of the transaction a member or shareholder in, or officer, employee, agent, or consultant of, or will otherwise derive any compensation or benefits, directly or indirectly, from the acquiring entity or any related party in connection with or as a result of the disposition. (b) Except as provided in subsection (c) of this Code section, notice to the Attorney General required by this article shall also include a certification from each member of the governing board and the chief executive officer of the nonprofit corporation which is a party to the

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proposed disposition, and from each member of the governing board and the chief executive officer of any nonprofit corporation that holds a membership, stock, or controlling interest therein, executed under oath: (1) Disclosing any financial interest held by that individual or that individual's family, or held by any business in which such individual or the individual's family owns a financial interest, in any business which: (A) Within the immediately preceding 12 month period sold products, property interests, or services to the nonprofit corporation engaged in the disposition; or (B) Within the immediately preceding 12 month period sold or within the three-year period after the completion of the transaction may sell products, property interests, or services to the acquiring entity; and (2) Disclosing any contract pursuant to which a sale was made or may be made of those products, property interests, or services regarding financial interests which are disclosed pursuant to paragraph (1) of this subsection; (3) Stating that the nonprofit corporation has received fair market value for its assets or, in the case of a proposed disposition to a not for profit entity or a hospital authority, stating that the nonprofit corporation has received an enforceable commitment of fair and reasonable community benefits for its assets; (4) Stating that the market value of the hospital's assets has not been manipulated to decrease their value; (5) Stating that the terms of the transaction are fair and reasonable to the nonprofit corporation; (6) Stating that the transaction is authorized by the nonprofit corporation's governing documents and is consistent with the intent of any major donors who have contributed over $100,000.00; (7) Stating that the proceeds of the transaction will be used solely in a manner consistent with the charitable purposes of the nonprofit corporation and will not be used, directly or indirectly, to benefit the acquiring entity; and (8) Stating that the transaction will not adversely affect the availability or accessibility of health care services in the county in which the main campus of the hospital is located. (c) The certification requirements of subsections (a) and (b) of this Code section shall not apply to any governing board members who vote to oppose the proposed disposition.

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31-7-404. Within ten working days after receipt of notice under this article, the Attorney General shall publish notice of the proposed transaction in a newspaper of general circulation in the county where the main campus of the hospital is located and shall notify in writing the governing authority of such county. The published notice required by this Code section shall state that the Attorney General has received notice of a proposed transaction, the names of the parties to the proposed transaction, the date, time, and place of the public hearing regarding the transaction, and the means by which a person may submit written comments about the proposed transaction to the Attorney General. 31-7-405. (a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Code Section 50-18-70. (b) Any expert or consultant retained by the nonprofit corporation to prepare the financial and economic analysis of the proposed transaction shall be required to appear and testify at the public hearing regarding his or her report if requested to do so by the Attorney General and may be questioned by the Attorney General. Such expert or consultant shall make the same disclosure required by members and officers under paragraphs (1) and (2) of subsection (b) of Code Section 31-7-403. The independent expert or consultant retained by the Attorney General to review the proposed transaction shall also appear and testify at the public hearing regarding his or her findings and analysis. (c) At least one member of the governing board of the seller or lessor shall be designated by the seller or lessor, and at least one representative of the acquiring entity shall be designated by the acquiring entity, which designees shall appear and testify under oath at the public hearing and shall be subject to questioning by the Attorney General. 31-7-406. The purpose of the public hearing shall be to ensure that the public's interest is protected when the assets of a nonprofit hospital are acquired by an acquiring entity by requiring full disclosure of the purpose and terms of the transaction and providing an opportunity for local public input. The disposition of a nonprofit hospital to an acquiring entity shall not be in the public interest unless there has been adequate disclosure that appropriate steps have been taken to ensure that the transaction is authorized, to safeguard the value of charitable assets, and to ensure that

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any proceeds of the transaction are used for appropriate charitable health care purposes. Such disclosure shall address, at a minimum, the following factors: (1) Whether the disposition is permitted under Chapter 3 of Title 14, the `Georgia Nonprofit Corporation Code,' and other laws of Georgia governing nonprofit entities, trusts, or charities; (2) Whether the disposition is consistent with the directives of major donors who have contributed over $100,000.00; (3) Whether the governing body of the nonprofit corporation exercised due diligence in deciding of dispose of hospital assets, selecting the acquiring entity, and negotiating the terms and conditions of the disposition; (4) The procedures used by the nonprofit corporation in making its decision to dispose of its assets, including whether appropriate expert assistance was used; (5) Whether any conflict of interest was disclosed, including, but not limited to, conflicts of interest related to directors or officers of the nonprofit corporation and experts retained by the parties to the transaction; (6) Whether the seller or lessor will receive fair value for its assets, including an appropriate control premium for any relinquishment of control or, in the case of a proposed disposition to a not for profit entity, will receive an enforceable commitment for fair and reasonable community benefits for its assets; (7) Whether charitable assets are placed at unreasonable risk if the transaction is financed in part by the seller or lessor; (8) Whether the terms of any management or services contract negotiated in conjunction with the transaction are reasonable; (9) Whether any disposition proceeds will be used for appropriate charitable health care purposes consistent with the nonprofit corporation's original purpose or for the support and promotion of health care in the affected community; (10) Whether a meaningful right of first refusal to repurchase the assets by a successor nonprofit corporation or foundation has been retained if the acquiring entity subsequently proposes to sell, lease, or transfer the hospital to yet another entity; (11) Whether sufficient safeguards are included to assure the affected community continued access to affordable care and to the range of services historically provided by the nonprofit corporation; (12) Whether the acquiring entity has made an enforceable commitment to provide health care to the disadvantaged, the uninsured, and

Page 1098

the underinsured and to provide benefits to the affected community to promote improved health care; and (13) Whether health care providers will be offered the opportunity to invest or own an interest in the acquiring entity or a related party, and whether procedures or safeguards are in place to avoid conflict of interest in patient referrals. 31-7-407. The Attorney General shall have the authority to ensure compliance with any and all notices, certifications, obligations, and commitments which are required to be made in connection with a transaction under this article and may institute proceedings to enforce such compliance in the superior court of the county in which the main campus of the hospital is located. This provision shall not preclude any other person with standing from instituting judicial proceedings regarding the proposed disposition. 31-4-407.1. The Attorney General shall issue a report of findings addressing the issues outlined in Code Section 31-7-406 within 30 days of the public hearing; provided, however, the time for issuing said report may be extended for an additional 30 days if the Attorney General finds there has been a failure by the entities involved in the transaction under review or any of them, to comply with disclosures required by this article or to respond to subpoenas or other process authorized by this article, and additional extensions may be ordered upon a continuation of a failure to so comply. 31-7-408. No permit to operate a hospital may be issued or renewed under this chapter or any other applicable statute or regulation and a permit which has been issued shall be subject to revocation or suspension if there is a disposition or acquisition of hospital assets as defined in this article without notice first having been provided to the Attorney General as required by this article. 31-7-409. Any transaction completed before the effective date of this article, or any transaction that is subject to a pending definitive agreement as of the effective date of this article and which is either conditioned only upon receipt of regulatory approval, or is subject to a pending judicial proceeding as of April 1, 1997, is not subject to the requirements of this article. 31-7-410. No provision of this article shall derogate from the common law or statutory authority of the Attorney General.

Page 1099

31-7-411. In connection with the Attorney General's responsibilities under this article and in connection with the public hearing required by this article, the Attorney General shall have the same power to investigate and issue subpoenas as the Attorney General has with respect to investigations authorized under Code Section 45-15-17. 31-7-412. Any disposition or acquisition of assets made in violation of the notice, disclosure, and certification requirements of this article shall be null and void, and each member of the governing bodies and the chief executive officers of the parties thereto shall be subject to a fine of up to $50,000.00, the amount of which shall be determined by the superior court in the county in which the main campus of the hospital is located. The Attorney General shall institute proceedings to impose such fine within one year of the unlawful disposition or acquisition. SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, is amended by adding at the end thereof the following: 31-7-89.1. (a) As used in this Code section, the term `control' means ownership of 50 percent or more of the assets of the entity in question or the ability to influence significantly the operations or decisions of the entity in question. (b) The sale or lease of assets of a hospital owned or operated by a hospital authority to an individual, business corporation, general partnership, limited partnership, limited liability company, limited liability partnership, joint venture, nonprofit corporation, hospital authority, or any other for profit or not for profit entity shall be subject to the notice, hearing, certification, enforcement, and other requirements of Article 15 of Chapter 7 of Title 31 which are applicable to dispositions of nonprofit hospitals to acquiring entities if the disposition of assets constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter or constitutes a sale or lease which, when combined with one or more transfers between the same or related parties occurring within a period of five years, constitutes a sale or lease of 50 percent or more of the assets of a hospital having a permit under this chapter; provided, however, that the provisions of this Code section shall not apply to the restructuring of a hospital owned by a hospital authority involving a lease of assets to any not for profit or for profit entity which has a principal place of business located in the same county where the main campus of the hospital in question is located and which

Page 1100

is not owned, in whole or in part, or controlled by any other for profit or not for profit entity whose principal place of business is located outside such county. SECTION 3. This Act shall become effective on October 31, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 22, 1997. PROFESSIONS AND BUSINESSES PHYSICIANS; EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENTS; PROVISION TO CERTAIN PERSONS; LIMITED IMMUNITY. Code Section 43-34-42.1 Enacted. No. 404 (Senate Bill No. 341). AN ACT To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, so as to provide that individuals have the right to be provided with any medical treatment desired or authorized under certain conditions; to provide for a short title; to provide immunity from actions relating to unprofessional practice or conduct; 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 34 of Title 43 of the Official Code of Georgia Annotated, relating to licenses to practice medicine, is amended by adding after Code Section 43-34-42 a new Code section to read as follows: 43-34-42.1. (a) This Code section shall be known and may be cited as the `Access to Medical Treatment Act.' (b) Notwithstanding any other provision of law, and except as provided in subsection (c) of this Code section, an individual shall have the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a person licensed to practice medicine under this article with any experimental or nonconventional medical treatment that such individual desires or the legal representative of such individual authorizes if such person licensed to practice medicine under

Page 1101

this article has personally examined such individual and agrees to treat such individual. (c) A person licensed to practice medicine under this article may provide any medical treatment to an individual described in subsection (b) of this Code section if: (1) There is no reasonable basis to conclude that the medical treatment itself, when administered as directed, poses an unreasonable and significant risk of danger to such individual; and (2) The person licensed to practice medicine under this article has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is experimental or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, as well as the material risks generally recognized by reasonably prudent physicians of such treatment's side effects. (d) The treatment of patients in compliance with this Code section by a person licensed to practice medicine under this article shall not by itself constitute unprofessional practice or conduct. 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 22, 1997. APPROPRIATIONS S.F.Y. 1997-1998. No. 405 (House Bill 204). AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 1997, and ending June 30, 1998; 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.

Page 1102

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, 1997, and ending June 30, 1998, 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 $11,118,625,000 (excluding indigent trust fund receipts and lottery receipts) for State Fiscal Year 1998. PART I. LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 27,168,900 Personal Services - Staff $ 14,701,206 Personal Services - Elected Officials $ 3,978,935 Regular Operating Expenses $ 2,577,235 Travel - Staff $ 100,000 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 519,200 Equipment $ 250,000 Computer Charges $ 608,000 Real Estate Rentals $ 5,000 Telecommunications $ 650,500 Per Diem, Fees and Contracts - Staff $ 130,230 Per Diem, Fees and Contracts - Elected Officials $ 2,403,794 Photography $ 105,000 Expense Reimbursement Account $ 1,132,800 Total Funds Budgeted $ 27,168,900 State Funds Budgeted $ 27,168,900 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 4,227,270 $ 4,227,270 Lt. Governor's Office $ 740,357 $ 740,357 Secretary of the Senate's Office $ 1,196,674 $ 1,196,674 Total $ 6,164,301 $ 6,164,301

Page 1103

House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,987,419 $ 10,987,419 Speaker of the House's Office $ 579,469 $ 579,469 Clerk of the House's Office $ 1,471,096 $ 1,471,096 Total $ 13,037,984 $ 13,037,984 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,888,271 $ 2,888,271 Legislative Fiscal Office $ 2,296,665 $ 2,296,665 Legislative Budget Office $ 994,253 $ 994,253 Ancillary Activities $ 1,391,664 $ 1,391,664 Budgetary Responsibility Oversight Committee $ 395,762 $ 395,762 Total $ 7,966,615 $ 7,966,615 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

Page 1104

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 legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits $ 20,156,774 Personal Services $ 17,051,652 Regular Operating Expenses $ 629,390 Travel $ 575,000 Motor Vehicle Purchases $ 118,374 Equipment $ 15,000 Real Estate Rentals $ 908,710 Per Diem, Fees and Contracts $ 43,000 Computer Charges $ 636,110 Telecommunications $ 179,538 Total Funds Budgeted $ 20,156,774 State Funds Budgeted $ 20,156,774 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 91,276,910 Personal Services $ 12,819,251 Other Operating $ 75,243,954 Prosecuting Attorney's Council $ 2,457,947 Judicial Administrative Districts $ 1,624,344 Payment to Council of Superior Court Clerks $ 38,000

Page 1105

Payment to Resource Center $ 300,000 Computerized Information Network $ 700,000 Total Funds Budgeted $ 93,183,496 State Funds Budgeted $ 91,276,910 Judicial Branch Functional Budgets Total Funds State Funds Supreme Court $ 6,879,503 $ 6,229,503 Court of Appeals $ 8,045,875 $ 7,995,875 Superior Court - Judges $ 35,689,730 $ 35,615,730 Superior Court - District Attorneys $ 30,869,900 $ 29,816,584 Juvenile Court $ 1,209,812 $ 1,209,812 Institute of Continuing Judicial Education $ 783,635 $ 783,635 Judicial Council $ 2,701,140 $ 2,621,870 Judicial Qualifications Commission $ 166,364 $ 166,364 Indigent Defense Council $ 4,284,487 $ 4,284,487 Georgia Courts Automation Commission $ 2,294,186 $ 2,294,186 Georgia Office Of Dispute Resolution $ 258,864 $ 258,864 Total $ 93,183,496 $ 91,276,910 Section 4. Department of Administrative Services. A. Budget Unit: Department of Administrative Services $ 41,248,629 Personal Services $ 50,907,231 Regular Operating Expenses $ 12,426,380 Travel $ 464,371 Motor Vehicle Purchases $ 666,934 Equipment $ 1,396,285 Computer Charges $ 12,160,611 Real Estate Rentals $ 3,567,350 Telecommunications $ 3,850,727

Page 1106

Per Diem, Fees and Contracts $ 2,797,719 Rents and Maintenance Expense $ 10,908,892 Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,974,797 Direct Payments to Georgia Building Authority for Capital Outlay $ 0 Direct Payments to Georgia Building Authority for Operations $ 566,806 Telephone Billings $ 56,363,800 Radio Billings $ 929,406 Materials for Resale $ 20,039,840 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 $ 180,889,649 State Funds Budgeted $ 41,248,629 Departmental Functional Budgets Total Funds State Funds Administration $ 6,540,570 $ 3,112,635 Statewide Operations and Support $ 7,973,594 $ 4,248,093 Interagency Support Services $ 31,122,149 $ 0 Information Technology Services $ 129,415,677 $ 29,664,006 State Properties Commission $ 667,364 $ 667,364 Distance Learning and Telemedicine $ 0 $ 0 Office of the Treasury $ 1,524,951 $ 192,372 State Office of Administrative Hearings $ 3,645,344 $ 3,364,159 Total $ 180,889,649 $ 41,248,629 B. Budget Unit: Georgia Building Authority $ 0 Personal Services $ 23,054,408 Regular Operating Expenses $ 13,560,189 Travel $ 12,000

Page 1107

Motor Vehicle Purchases $ 200,000 Equipment $ 196,800 Computer Charges $ 110,100 Real Estate Rentals $ 15,071 Telecommunications $ 228,970 Per Diem, Fees and Contracts $ 405,000 Capital Outlay $ 0 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 37,782,538 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Grounds $ 1,452,327 $ 0 Custodial $ 5,507,049 $ 0 Maintenance $ 4,297,686 $ 0 Security $ 7,229,140 $ 0 Van Pool $ 381,939 $ 0 Sales $ 4,234,456 $ 0 Administration $ 13,605,661 $ 0 Roofing $ 370,657 $ 0 Facilities Program $ 703,623 $ 0 Total $ 37,782,538 $ 0 Section 5. Department of Agriculture. A. Budget Unit: Department of Agriculture $ 37,776,853 Personal Services $ 32,369,566 Regular Operating Expenses $ 4,449,644 Travel $ 959,745 Motor Vehicle Purchases $ 302,000 Equipment $ 448,115 Computer Charges $ 670,430 Real Estate Rentals $ 814,475 Telecommunications $ 412,585 Per Diem, Fees and Contracts $ 951,396

Page 1108

Market Bulletin Postage $ 1,046,000 Payments to Athens and Tifton Veterinary Laboratories $ 2,948,546 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,855,440 Veterinary Fees $ 275,000 Indemnities $ 60,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 730,704 Payments to Georgia Development Authority $ 0 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets $ 0 Capital Outlay $ 0 Contract - Federation of Southern Cooperatives $ 40,000 Boll Weevil Eradication Program $ 0 Total Funds Budgeted $ 49,508,646 State Funds Budgeted $ 37,776,853 Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,179,810 $ 7,398,810 Animal Industry $ 15,993,493 $ 12,861,358 Marketing $ 6,393,875 $ 2,718,875 Internal Administration $ 6,594,695 $ 6,407,195 Fuel and Measures $ 3,671,579 $ 3,541,879 Consumer Protection Field Forces $ 8,092,956 $ 4,848,736 Seed Technology $ 582,238 $ 0 Total $ 49,508,646 $ 37,776,853 B. Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 900,128 Regular Operating Expenses $ 209,650 Travel $ 3,500 Motor Vehicle Purchases $ 0

Page 1109

Equipment $ 3,060 Computer Charges $ 7,500 Real Estate Rentals $ 0 Telecommunications $ 7,341 Per Diem, Fees and Contracts $ 37,500 Capital Outlay $ 86,432 Goods for Resale $ 115,000 Total Funds Budgeted $ 1,370,111 State Funds Budgeted $ 0 Section 6. Department of Banking and Finance. Budget Unit: Department of Banking and Finance $ 9,523,070 Personal Services $ 7,838,930 Regular Operating Expenses $ 437,094 Travel $ 400,000 Motor Vehicle Purchases $ 112,380 Equipment $ 7,464 Computer Charges $ 277,112 Real Estate Rentals $ 364,290 Telecommunications $ 73,000 Per Diem, Fees and Contracts $ 12,800 Total Funds Budgeted $ 9,523,070 State Funds Budgeted $ 9,523,070 Section 7. Department of Children and Youth Services. Budget Unit: Department of Children and Youth Services $ 167,942,031 Personal Services $ 101,651,303 Regular Operating Expenses $ 9,788,339 Travel $ 1,165,861 Motor Vehicle Purchases $ 128,000 Equipment $ 533,307 Computer Charges $ 324,310 Real Estate Rentals $ 1,828,885 Telecommunications $ 1,046,880 Per Diem, Fees and Contracts $ 8,251,183 Utilities $ 2,988,520 Institutional Repairs and Maintenance $ 552,485 Grants to County-Owned Detention Centers $ 2,722,620 Service Benefits for Children $ 18,607,910 Purchase of Service Contracts $ 23,335,210 Capital Outlay $ 0 Total Funds Budgeted $ 172,924,813

Page 1110

State Funds Budgeted $ 167,942,031 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 34,756,786 $ 33,625,566 Bill Ireland YDC $ 16,857,718 $ 16,194,206 Augusta State YDC $ 11,907,583 $ 11,401,153 Lorenzo Benn YDC $ 6,982,333 $ 6,742,849 Macon State YDC $ 6,118,679 $ 5,831,120 Wrightsville YDC $ 15,710,961 $ 15,230,961 YDC Purchased Services $ 22,321,211 $ 21,754,371 Court Services $ 19,764,179 $ 19,608,327 Day Centers $ 493,281 $ 493,281 Group Homes $ 1,113,856 $ 1,113,856 CYS Purchased Services $ 21,210,139 $ 20,348,254 Georgia Addiction Pregnancy and Parenting Project $ 50,000 $ 50,000 Law Enforcement Office $ 1,770,050 $ 1,770,050 Assessment and Classification $ 551,431 $ 551,431 Multi-Service Centers $ 3,925,191 $ 3,835,191 Youth Services Administration $ 9,391,415 $ 9,391,415 Total $ 172,924,813 $ 167,942,031 Section 8. Department of Community Affairs. Budget Unit: Department of Community Affairs $ 28,105,075 Personal Services $ 6,260,169 Regular Operating Expenses $ 335,591 Travel $ 175,696 Motor Vehicle Purchases $ 0 Equipment $ 1,368 Real Estate Rentals $ 488,430

Page 1111

Per Diem, Fees and Contracts $ 247,564 Computer Charges $ 132,424 Telecommunications $ 82,110 Capitol Felony Expenses $ 0 Contracts for Regional Planning and Development $ 2,063,100 Vectoed 4-24-97 Zeller Miller Local Assistance Grants $ 2,110,000 Appalachian Regional Commission Assessment $ 133,355 Community Development Block Grants - Federal $ 30,000,000 Payment to Georgia Environmental Facilities Authority $ 2,434,250 Payment to Georgia Housing and Finance Authority $ 2,814,244 ARC-Revolving Loan Fund $ 0 Local Development Fund $ 650,000 Payments to Music Hall of Fame Authority $ 715,812 Payment to State Housing Trust Fund $ 4,531,250 Payments to Sports Hall of Fame $ 197,868 Regional Economic Business Assistance Grants $ 5,500,000 Local Government Efficiency Grant Program $ 0 State Commission on National and Community Service $ 308,272 EZ/EC Administration $ 199,024 EZ/EC Grants $ 0 Regional Economic Development Grant Program $ 1,250,000 Targeted Regional Assistance Program $ 0 Administrative Cost Allocation $ 0 Total Funds Budgeted $ 60,630,527 State Funds Budgeted $ 28,105,075 Departmental Functional Budgets Total Funds State Funds Executive Division $ 553,242 $ 553,242 Research and Information Division $ 3,699,567 $ 3,699,567 Planning and Management Division $ 3,806,505 $ 3,631,977 Business and Financial Assistance Division $ 37,956,537 $ 6,882,980 Housing and Finance Division $ 0 $ 0

Page 1112

Accounting, Audits and Administration Division $ 14,614,676 $ 13,337,309 Rental Assistance Division $ 0 $ 0 Total $ 60,630,527 $ 28,105,075 Section 9. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation $ 702,534,192 Personal Services $ 506,213,560 Regular Operating Expenses $ 60,714,638 Travel $ 2,296,077 Motor Vehicle Purchases $ 680,920 Equipment $ 3,213,596 Computer Charges $ 6,017,166 Real Estate Rentals $ 6,008,776 Telecommunications $ 6,823,074 Per Diem, Fees and Contracts $ 9,510,438 Capital Outlay $ 0 Utilities $ 22,010,453 Court Costs $ 1,200,000 County Subsidy $ 17,273,625 County Subsidy for Jails $ 4,034,500 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,093,624 Payments to Central State Hospital for Meals $ 4,059,700 Payments to Central State Hospital for Utilities $ 1,576,000 Payments to Public Safety for Meals $ 577,160 Inmate Release Fund $ 1,300,000 Health Services Purchases $ 67,146,736 Payments to MAG for Health Care Certification $ 66,620 University of Georgia - College of Veterinary Medicine Contracts $ 366,244 Minor Construction Fund $ 894,000 Total Funds Budgeted $ 723,076,907 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 702,534,192 Departmental Functional Budgets Total Funds State Funds Executive Operations $ 14,871,021 $ 14,514,021

Page 1113

Administration $ 74,562,254 $ 71,053,179 Human Resources $ 12,522,840 $ 12,522,840 Field Probation $ 61,379,465 $ 60,899,465 Facilities $ 559,741,327 $ 543,544,687 Total $ 723,076,907 $ 702,534,192 B. Budget Unit: Board of Pardons and Paroles $ 44,711,153 Personal Services $ 35,062,129 Regular Operating Expenses $ 1,614,750 Travel $ 542,000 Motor Vehicle Purchases $ 23,000 Equipment $ 194,424 Computer Charges $ 591,200 Real Estate Rentals $ 2,785,000 Telecommunications $ 930,000 Per Diem, Fees and Contracts $ 2,293,650 County Jail Subsidy $ 650,000 Health Services Purchases $ 25,000 Total Funds Budgeted $ 44,711,153 State Funds Budgeted $ 44,711,153 Section 10. Department of Defense. Budget Unit: Department of Defense $ 4,363,044 Personal Services $ 10,589,217 Regular Operating Expenses $ 6,448,797 Travel $ 29,375 Motor Vehicle Purchases $ 0 Equipment $ 20,000 Computer Charges $ 11,125 Real Estate Rentals $ 24,400 Telecommunications $ 40,825 Per Diem, Fees and Contracts $ 454,200 Capital Outlay $ 0 Total Funds Budgeted $ 17,617,939 State Funds Budgeted $ 4,363,044 Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,465,889 $ 1,427,197

Page 1114

Georgia Air National Guard $ 5,553,809 $ 602,799 Georgia Army National Guard $ 10,598,241 $ 2,333,048 Total $ 17,617,939 $ 4,363,044 Section 11. State Board of Education Department of Education. A. Budget Unit: Department of Education $ 4,353,401,167 Operations: Personal Services $ 34,461,267 Regular Operating Expenses $ 4,900,001 Travel $ 951,664 Motor Vehicle Purchases $ 44,661 Equipment $ 120,249 Computer Charges $ 9,324,163 Real Estate Rentals $ 1,317,377 Telecommunications $ 1,107,957 Per Diem, Fees and Contracts $ 22,239,759 Utilities $ 793,952 Capital Outlay $ 0 QBE Formula Grants: Kindergarten/Grades 1 - 3 $ 1,087,229,681 Grades 4 - 8 $ 921,117,189 Grades 9 - 12 $ 376,283,741 High School Laboratories $ 187,374,816 Vocational Education Laboratories $ 122,022,070 Special Education $ 438,067,665 Gifted $ 69,771,250 Remedial Education $ 99,733,473 Staff Development and Professional Development $ 35,394,416 Media $ 114,193,981 Indirect Cost $ 727,527,989 Pupil Transportation $ 142,325,858 Local Fair Share $ (703,482,589) Mid-Term Adjustment Reserve $ 0 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants: Equalization Formula $ 168,134,386 Sparsity Grants $ 3,717,891 In School Suspension $ 27,736,019 Special Instructional Assistance $ 104,583,661 Middle School Incentive $ 85,412,511 Special Education Low - Incidence Grants $ 563,759 Limited English-Speaking Students Program $ 18,078,796

Page 1115

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 $ 2,210,804 Severely Emotionally Disturbed $ 45,900,747 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 32,038,845 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,491,147 Regional Education Service Agencies $ 10,389,180 Georgia Learning Resources System $ 3,568,830 High School Program $ 21,862,926 Special Education in State Institutions $ 3,644,659 Governor's Scholarships $ 3,500,000 Counselors $ 11,524,998 Vocational Research and Curriculum $ 293,520 Even Start $ 2,720,906 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 $ 4,632,785 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 $ 17,754,530 Mentor Teachers $ 1,250,000 Advanced Placement Exams $ 700,000 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,689,931 Alternative Programs $ 13,191,644 Environmental Science Grants $ 100,000 Pay for Performance $ 3,300,000 Mentoring Program $ 500,000 Charter Schools $ 45,000 Technology Specialist $ 0

Page 1116

Migrant Education $ 274,395 Total Funds Budgeted $ 4,849,121,982 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 4,353,401,167 Departmental Functional Budgets Total Funds State Funds State Administration $ 12,008,370 $ 10,550,676 Student Learning and Assessment $ 18,013,987 $ 13,948,034 Governor's Honors Program $ 1,124,597 $ 1,047,008 Quality and School Support $ 5,451,732 $ 5,451,732 Federal Programs $ 5,635,834 $ 347,542 Technology $ 14,741,637 $ 13,667,941 Professional Practices $ 1,023,100 $ 1,023,100 Local Programs $ 4,774,210,932 $ 4,292,209,954 Georgia Academy for the Blind $ 5,446,986 $ 5,193,601 Georgia School for the Deaf $ 4,613,900 $ 4,384,804 Atlanta Area School for the Deaf $ 5,073,439 $ 4,799,884 Office of School Readiness $ 1,777,468 $ 776,891 Total $ 4,849,121,982 $ 4,353,401,167 B. Budget Unit: Lottery for Education $ 296,825,951 Pre-Kindergarten for 4-year-olds $ 211,279,348 Vetoed 4-24-97 Zell Miller Applied Technology Labs $ 2,400,000 Financial and Management Equipment $ 3,804,500 Alternative Programs $ 500,000 Educational Technology Centers $ 689,836 Distant Learning - Satellite Dishes $ 0 Technology Specialist $ 15,401,836 Capital Outlay $ 21,148,000 Post Secondary Options $ 1,661,000 Vetoed 4-24-97 Zell Miller Learning Logic Sites $ 1,100,000 Assistive Technology $ 2,000,000

Page 1117

Computers in the Classroom $ 36,841,431 Total Funds Budgeted $ 296,825,951 Lottery Funds Budgeted $ 296,825,951 Section 12. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 1,920,759 Regular Operating Expenses $ 260,600 Travel $ 18,000 Motor Vehicle Purchases $ 0 Equipment $ 5,105 Computer Charges $ 544,663 Real Estate Rentals $ 306,040 Telecommunications $ 36,315 Per Diem, Fees and Contracts $ 1,291,250 Benefits to Retirees $ 0 Total Funds Budgeted $ 4,382,732 State Funds Budgeted $ 0 Section 13. Forestry Commission. Budget Unit: Forestry Commission $ 34,539,659 Personal Services $ 28,662,209 Regular Operating Expenses $ 5,636,892 Travel $ 161,926 Motor Vehicle Purchases $ 668,913 Equipment $ 1,598,518 Computer Charges $ 323,000 Real Estate Rentals $ 21,420 Telecommunications $ 925,319 Per Diem, Fees and Contracts $ 1,161,403 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 $ 39,489,852 State Funds Budgeted $ 34,539,659 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,859,526 $ 25,710 Field Services $ 33,487,912 $ 30,539,690

Page 1118

General Administration and Support $ 4,142,414 $ 3,974,259 Total $ 39,489,852 $ 34,539,659 Section 14. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 48,215,166 Personal Services $ 36,668,935 Regular Operating Expenses $ 4,455,686 Travel $ 467,225 Motor Vehicle Purchases $ 294,000 Equipment $ 570,010 Computer Charges $ 625,355 Real Estate Rentals $ 2,086,425 Telecommunications $ 1,095,470 Per Diem, Fees and Contracts $ 1,468,060 Evidence Purchased $ 484,000 Capital Outlay $ 0 Total Funds Budgeted $ 48,215,166 State Funds Budgeted $ 48,215,166 Departmental Functional Budgets Total Funds State Funds Administration $ 4,324,259 $ 4,324,259 Investigative $ 24,306,898 $ 24,306,898 Georgia Crime Information Center $ 8,296,824 $ 8,296,824 Forensic Sciences $ 11,287,185 $ 11,287,185 Total $ 48,215,166 $ 48,215,166 Section 15. Office of the Governor. A. Budget Unit: Office of the Governor $ 29,930,439 Personal Services $ 15,269,162 Regular Operating Expenses $ 948,169 Travel $ 240,064 Motor Vehicle Purchases $ 0 Equipment $ 56,280 Computer Charges $ 833,200 Real Estate Rentals $ 988,718 Telecommunications $ 447,206 Per Diem, Fees and Contracts $ 4,019,019

Page 1119

Cost of Operations $ 3,354,364 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,000,000 Intern Stipends and Travel $ 156,750 Art Grants of State Funds $ 3,900,000 Art Grants of Non-State Funds $ 214,000 Humanities Grant - State Funds $ 175,000 Art Acquisitions - State Funds $ 0 Children and Youth Grants $ 276,426 Juvenile Justice Grants $ 1,499,100 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 $ 57,000 Criminal Justice Grants $ 0 Total Funds Budgeted $ 37,344,826 State Funds Budgeted $ 29,930,439 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 6,551,114 $ 6,551,114 Office of Equal Opportunity $ 983,071 $ 819,125 Office of Planning and Budget $ 7,800,886 $ 7,700,886 Council for the Arts $ 5,078,137 $ 4,502,137 Office of Consumer Affairs $ 3,310,307 $ 3,209,307 Georgia Information Technology Policy Council $ 646,123 $ 646,123 Criminal Justice Coordinating Council $ 1,250,197 $ 310,878 Children and Youth Coordinating Council $ 2,225,596 $ 526,596 Human Relations Commission $ 311,207 $ 311,207 Professional Standards Commission $ 4,041,774 $ 4,041,774

Page 1120

Georgia Emergency Management Agency $ 4,983,374 $ 1,148,252 Governor's Commission for the Privatization of Government Services $ 163,040 $ 163,040 Total $ 37,344,826 $ 29,930,439 Section 16. Department of Human Resources. A. Budget Unit: Departmental Operations $ 1,205,031,233 1. General Administration and Support Budget: Services $ 57,133,220 Regular Operating Expenses $ 2,197,071 Travel $ 1,408,999 Motor Vehicle Purchases $ 1,573,678 Equipment $ 87,698 Real Estate Rentals $ 4,743,651 Per Diem, Fees and Contracts $ 6,494,972 Computer Charges $ 1,348,883 Telecommunications $ 741,138 Special Purpose Contracts $ 284,000 Service Benefits for Children $ 46,486,389 Purchase of Service Contracts $ 38,724,534 Institutional Repairs and Maintenance $ 89,214 Postage $ 921,644 Payments to DMA-Community Care $ 17,942,073 Total Funds Budgeted $ 180,177,164 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 113,733,992 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 924,842 $ 924,842 Budget Administration $ 4,603,346 $ 4,603,346 Children's Community Based Initiative $ 5,508,295 $ 5,133,295 Troubled Children's Placements $ 46,486,389 $ 33,335,726 Technology and Support $ 22,587,756 $ 20,944,602 Facilities Management $ 5,509,616 $ 4,255,620

Page 1121

Departmental Functional Budgets Regulatory Services - Program Direction and Support $ 743,312 $ 733,312 Child Care Licensing $ 2,752,638 $ 2,752,638 Health Care Facilities Regulation $ 10,193,592 $ 4,490,800 Fraud and Abuse $ 6,468,658 $ 2,350,598 Financial Services $ 6,198,410 $ 5,998,410 Auditing Services $ 1,888,006 $ 1,888,006 Personnel Administration $ 1,837,714 $ 1,837,714 Indirect Cost $ 0 $ (8,988,326) Policy and Government Services $ 1,027,901 $ 1,027,901 Aging Services $ 59,985,194 $ 30,672,202 State Health Planning Agency $ 1,804,142 $ 1,724,142 DD Council $ 1,657,353 $ 49,164 Total $ 180,177,164 $ 113,733,992 2. Public Health Budget: Personal Services $ 50,123,154 Regular Operating Expenses $ 74,065,023 Travel $ 809,702 Motor Vehicle Purchases $ 0 Equipment $ 195,367 Real Estate Rentals $ 1,413,650 Per Diem, Fees and Contracts $ 4,032,117 Computer Charges $ 1,648,431 Telecommunications $ 1,219,461 Special Purpose Contracts $ 280,732 Purchase of Service Contracts $ 14,053,748 Grant-In-Aid to Counties $ 132,273,686 Institutional Repairs and Maintenance $ 34,500 Postage $ 100,803 Medical Benefits $ 4,347,222 Total Funds Budgeted $ 284,597,596 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 153,977,310

Page 1122

Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,664,101 $ 12,534,426 Newborn Follow-Up Care $ 1,459,457 $ 1,244,626 Oral Health $ 1,573,141 $ 1,250,966 Stroke and Heart Attack Prevention $ 2,292,312 $ 1,179,700 Sickle Cell, Vision and Hearing $ 4,092,194 $ 3,693,375 High-Risk Pregnant Women and Infants $ 5,246,146 $ 5,134,146 Sexually Transmitted Diseases $ 2,317,835 $ 317,677 Family Planning $ 10,921,359 $ 5,894,042 Women, Infants and Children Nutrition $ 83,435,710 $ 0 Grant in Aid to Counties $ 68,422,827 $ 67,292,789 Children's Medical Services $ 13,281,839 $ 6,505,532 Emergency Health $ 3,296,708 $ 1,947,995 Primary Health Care $ 1,497,688 $ 1,394,601 Epidemiology $ 598,961 $ 442,425 Immunization $ 1,045,235 $ 2,000 Community Tuberculosis Control $ 6,165,832 $ 4,717,392 Family Health Management $ 861,506 $ 683,576 Infant and Child Health $ 1,190,809 $ 510,584 Maternal Health - Perinatal $ 2,537,274 $ 1,094,399 Chronic Disease $ 412,330 $ 412,330 Diabetes $ 569,046 $ 569,046

Page 1123

Cancer Control $ 4,745,852 $ 4,745,852 Director's Office $ 1,204,563 $ 950,372 Injury Control $ 417,968 $ 206,580 Health Program Management $ 989,824 $ 941,145 Vital Records $ 2,024,327 $ 1,777,970 Health Services Research $ 2,718,267 $ 2,495,449 Environmental Health $ 1,380,306 $ 868,433 Laboratory Services $ 6,084,203 $ 5,814,203 Community Health Management $ 175,327 $ 175,327 AIDS $ 10,027,565 $ 5,094,539 Vaccines $ 7,843,045 $ 0 Drug and Clinic Supplies $ 3,250,000 $ 2,493,380 Adolescent Health $ 6,626,310 $ 2,202,706 Public Health - Planning Councils $ 179,869 $ 162,372 Early Intervention $ 13,047,860 $ 10,763,073 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 284,597,596 $ 153,977,310 3. Rehabilitation Services Budget: Personal Services $ 75,773,945 Regular Operating Expenses $ 11,506,402 Travel $ 1,346,807 Motor Vehicle Purchases $ 50,582 Equipment $ 751,574 Real Estate Rentals $ 4,117,555 Per Diem, Fees and Contracts $ 7,681,803 Computer Charges $ 2,941,416 Telecommunications $ 2,038,541 Case Services $ 30,870,191 Special Purpose Contracts $ 685,245 Purchase of Services Contracts $ 11,526,062

Page 1124

Institutional Repairs and Maintenance $ 255,000 Utilities $ 759,650 Postage $ 823,695 Total Funds Budgeted $ 151,128,468 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,077,859 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services $ 59,755,423 $ 11,993,737 Independent Living $ 718,949 $ 283,969 Sheltered Employment $ 566,005 $ 566,005 Community Facilities $ 10,140,272 $ 3,585,422 Program Direction and Support $ 4,534,976 $ 1,377,936 Grants Management $ 694,540 $ 694,540 Disability Adjudication $ 36,514,672 $ 0 Georgia Factory for Blind $ 12,600,070 $ 867,699 Roosevelt Warm Springs Institute $ 25,603,561 $ 4,708,551 Total $ 151,128,468 $ 24,077,859 4. Family and Children Services Budget: Personal Services $ 47,310,521 Regular Operating Expenses $ 4,634,925 Travel $ 1,172,730 Motor Vehicle Purchases $ 0 Equipment $ 383,289 Real Estate Rentals $ 3,555,817 Per Diem, Fees and Contracts $ 23,049,502 Computer Charges $ 29,602,552 Telecommunications $ 10,116,881 Children's Trust Fund $ 3,086,607 Cash Benefits $ 371,492,647 Special Purpose Contracts $ 6,099,933 Service Benefits for Children $ 218,815,408 Purchase of Service Contracts $ 26,290,684

Page 1125

Postage $ 2,774,088 Grants to County DFACS - Operations $ 312,839,264 Total Funds Budgeted $ 1,061,224,848 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 398,484,706 Departmental Functional Budgets Total Funds State Funds Director's Office $ 561,966 $ 561,966 Social Services $ 4,238,382 $ 3,741,073 Administrative Support $ 3,293,100 $ 2,844,919 Quality Assurance $ 3,856,617 $ 3,856,617 Community Services $ 10,857,180 $ 576,807 Field Management $ 980,185 $ 980,185 Human Resources Management $ 3,121,599 $ 2,115,808 Public Assistance $ 31,076,955 $ 13,337,518 Employment Services $ 1,475,648 $ 1,475,648 Child Support Recovery $ 70,691,121 $ 7,835,403 Temporary Assistance for Needy Families $ 361,202,085 $ 119,085,713 SSI - Supplemental Benefits $ 1,122,012 $ 1,122,012 Refugee Programs $ 2,799,420 $ 0 Energy Benefits $ 7,223,130 $ 0 County DFACS Operations - Eligibility $ 118,642,194 $ 58,644,381 County DFACS Operations - Social Services $ 97,081,879 $ 36,724,751 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS Operations - Homemakers Services $ 8,333,523 $ 2,269,294

Page 1126

County DFACS Operations - Joint and Administration $ 66,638,769 $ 32,952,994 County DFACS Operations - Employability Program $ 22,110,091 $ 8,265,641 Employability Benefits $ 40,557,515 $ 16,161,742 Legal Services $ 3,290,503 $ 2,520,990 Family Foster Care $ 31,595,512 $ 17,676,422 Institutional Foster Care $ 9,833,396 $ 6,239,845 Specialized Foster Care $ 5,146,142 $ 4,248,383 Adoption Supplement $ 17,361,167 $ 13,279,408 Prevention of Foster Care $ 11,544,785 $ 7,408,642 Day Care $ 117,320,622 $ 38,486,937 Special Projects $ 2,991,991 $ 1,895,784 Children's Trust Fund $ 3,086,607 $ 3,086,607 Indirect Cost $ 0 $ (8,910,784) Total $ 1,061,224,848 $ 398,484,706 5. Community Mental Health/Mental Retardation and Institutions: Personal Services $ 344,173,311 Operating Expenses $ 57,412,200 Motor Vehicle Equipment Purchases $ 200,000 Utilities $ 11,532,133 Major Maintenance and Construction $ 2,127,790 Community Services $ 291,807,430 Total Funds Budgeted $ 707,252,864 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 514,757,366 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,669,081 $ 26,106,015 Brook Run $ 24,100,876 $ 7,262,762

Page 1127

Georgia Mental Health Institute $ 25,218,310 $ 23,300,508 Georgia Regional Hospital at Augusta $ 21,099,543 $ 19,212,651 Northwest Regional Hospital at Rome $ 28,192,302 $ 21,320,203 Georgia Regional Hospital at Atlanta $ 30,329,986 $ 25,774,995 Central State Hospital $ 128,123,021 $ 86,338,350 Georgia Regional Hospital at Savannah $ 20,079,028 $ 18,397,707 Gracewood State School and Hospital $ 53,431,208 $ 22,076,736 West Central Regional Hospital $ 20,456,414 $ 17,670,175 Outdoor Therapeutic Programs $ 4,054,089 $ 3,145,154 Metro Drug Abuse Centers $ 970,765 $ 909,611 Community Mental Health Services $ 138,296,410 $ 132,279,137 Community Mental Retardation Services $ 98,059,238 $ 66,886,759 Community Substance Abuse Services $ 59,129,559 $ 33,531,879 State Administration $ 10,206,747 $ 6,361,120 Regional Administration $ 4,836,287 $ 4,183,604 Total $ 707,252,864 $ 514,757,366 Budget Unit Object Classes: Personal Services $ 574,514,151 Regular Operating Expenses $ 92,403,421 Travel $ 4,738,238 Motor Vehicle Purchases $ 1,824,260 Equipment $ 1,417,928 Real Estate Rentals $ 13,830,673

Page 1128

Per Diem, Fees and Contracts $ 41,258,394 Computer Charges $ 35,541,282 Telecommunications $ 14,116,021 Operating Expenses $ 57,412,200 Major Maintenance and Construction $ 2,127,790 Community Services $ 291,807,430 Case Services $ 30,870,191 Children's Trust Fund $ 3,086,607 Cash Benefits $ 371,492,647 Special Purpose Contracts $ 7,349,910 Service Benefits for Children $ 265,301,797 Purchase of Service Contracts $ 90,595,028 Grant-In-Aid to Counties $ 132,273,686 Institutional Repairs and Maintenance $ 378,714 Utilities $ 12,291,783 Postage $ 4,620,230 Payments to DMA-Community Care $ 17,942,073 Grants to County DFACS - Operations $ 312,839,264 Medical Benefits $ 4,347,222 Section 17. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 20,076,479 Personal Services $ 9,931,865 Regular Operating Expenses $ 1,503,726 Travel $ 387,465 Motor Vehicle Purchases $ 16,200 Equipment $ 64,757 Computer Charges $ 149,780 Real Estate Rentals $ 850,559 Telecommunications $ 335,700 Per Diem, Fees and Contracts $ 1,284,638 Local Welcome Center Contracts $ 191,600 Marketing $ 5,536,189 Georgia Ports Authority Lease Rentals $ 0 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 20,302,479 State Funds Budgeted $ 20,076,479

Page 1129

Departmental Functional Budgets Total Funds State Funds Administration $ 7,955,388 $ 7,955,388 Economic Development $ 3,721,259 $ 3,721,259 Trade $ 1,608,625 $ 1,608,625 Tourism $ 5,327,716 $ 5,101,716 Georgia Legacy $ 1,089,204 $ 1,089,204 Strategic Planning and Research $ 600,287 $ 600,287 Total $ 20,302,479 $ 20,076,479 Section 18. Department of Insurance. Budget Unit: Department of Insurance $ 15,799,353 Personal Services $ 14,129,498 Regular Operating Expenses $ 800,728 Travel $ 534,074 Motor Vehicle Purchases $ 50,000 Equipment $ 113,558 Computer Charges $ 199,213 Real Estate Rentals $ 825,294 Telecommunications $ 342,424 Per Diem, Fees and Contracts $ 211,219 Health Care Utilization Review $ 0 Total Funds Budgeted $ 17,206,008 State Funds Budgeted $ 15,799,353 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 4,248,088 $ 4,248,088 Insurance Regulation $ 6,425,444 $ 6,425,444 Industrial Loans Regulation $ 559,587 $ 559,587 Fire Safety and Mobile Home Regulations $ 5,347,889 $ 3,941,234 Special Insurance Fraud Fund $ 625,000 $ 625,000 Total $ 17,206,008 $ 15,799,353

Page 1130

Section 19. Department of Labor. Budget Unit: Department of Labor $ 10,500,998 Personal Services $ 72,322,396 Regular Operating Expenses $ 6,213,740 Travel $ 1,305,910 Motor Vehicle Purchases $ 0 Equipment $ 457,047 Computer Charges $ 3,058,815 Real Estate Rentals $ 1,888,123 Telecommunications $ 1,465,339 Per Diem, Fees and Contracts (JTPA) $ 60,500,000 Per Diem, Fees and Contracts $ 3,157,943 W.I.N. Grants $ 0 Payments to State Treasury $ 1,774,079 Capital Outlay $ 0 Total Funds Budgeted $ 152,143,392 State Funds Budgeted $ 10,500,998 Section 20. Department of Law. Budget Unit: Department of Law $ 13,124,252 Personal Services $ 12,272,365 Regular Operating Expenses $ 638,449 Travel $ 179,322 Motor Vehicle Purchases $ 0 Equipment $ 27,686 Computer Charges $ 311,601 Real Estate Rentals $ 856,234 Telecommunications $ 140,424 Per Diem, Fees and Contracts $ 160,000 Books for State Library $ 147,000 Total Funds Budgeted $ 14,733,081 State Funds Budgeted $ 13,124,252 Section 21. Department of Medical Assistance. A. Budget Unit: Medicaid Services $ 1,175,443,010 Personal Services $ 17,102,396 Regular Operating Expenses $ 5,314,019 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 51,500 Computer Charges $ 42,678,090 Real Estate Rentals $ 765,380

Page 1131

Telecommunications $ 475,000 Per Diem, Fees and Contracts $ 100,384,768 Medicaid Benefits, Penalties and Disallowances $ 3,234,869,442 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,402,601,495 State Funds Budgeted $ 1,175,443,010 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,741,886 $ 870,943 Benefits, Penalties and Disallowances $ 3,234,869,442 $ 1,130,328,799 System Management $ 49,596,009 $ 10,990,694 Indmnity Chronic Care $ 1,765,889 $ 711,827 Maternal and Child Health $ 1,811,356 $ 810,346 Reimbursement Services $ 9,099,263 $ 3,600,644 Indemnity Acute Care $ 3,539,953 $ 1,499,757 Legal and Regulatory $ 5,695,882 $ 2,847,941 Managed Care $ 5,053,374 $ 2,414,588 General Administration $ 89,428,441 $ 21,367,471 Total $ 3,402,601,495 $ 1,175,443,010 B. Budget Unit: Indigent Trust Fund $ 148,828,880 Per Diem, Fees and Contracts $ 8,200,000 Benefits $ 368,962,635 Total Funds Budgeted $ 377,162,635 State Funds Budgeted $ 148,828,880 Section 22. Merit System of Personnel Administration Budget Unit: Merit System of Personnel Administration $ 0 Personal Services $ 9,292,482 Regular Operating Expenses $ 2,490,055 Travel $ 111,100 Equipment $ 30,453

Page 1132

Real Estate Rents $ 882,021 Per Diem, Fees and Contracts $ 190,833,213 Computer Charges $ 3,412,707 Telecommunications $ 447,820 Health Insurance Payments $ 890,662,994 Total Funds Budgeted $ 1,098,162,845 Other Agency Funds $ 163,900 Agency Assessments $ 12,260,190 Employee and Employer Contributions $ 1,085,476,766 Deferred Compensation $ 261,989 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Executive Office $ 2,889,168 $ 0 Human Resource Administration $ 5,121,618 $ 0 Employee Benefits $ 1,085,713,239 $ 0 Internal Administration $ 3,816,729 $ 0 Personnel Practices Evaluation Audits $ 622,091 $ 0 Total $ 1,098,162,845 $ 0 Section 23. Department of Natural Resources. A. Budget Unit: Department of Natural Resources $ 94,994,956 Personal Services $ 76,092,825 Regular Operating Expenses $ 14,842,499 Travel $ 578,730 Motor Vehicle Purchases $ 1,058,500 Equipment $ 2,125,893 Real Estate Rentals $ 2,378,593 Per Diem, Fees and Contracts $ 5,164,708 Computer Charges $ 869,508 Telecommunications $ 1,325,290 Authority Lease Rentals $ 98,600 Advertising and Promotion $ 575,000 Cost of Material for Resale $ 2,857,663 Capital Outlay: New Construction $ 878,810 Repairs and Maintenance $ 3,088,000

Page 1133

Land Acquisition Support $ 213,750 Wildlife Management Area Land Acquisition $ 737,330 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 vetoed 4-24-97 Zell Miller Recrecation $ 1,000,000 Chattahoochee River Basin Grants $ 2,900,000 Contracts: Paralympic Games $ 0 Technical Assistance Contract $ 0 Corps of Engineers (Cold Water Creek State Park) $ 170,047 Georgia State Games Commission $ 204,642 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 $ 7,380,472 Solid Waste Trust Fund $ 6,792,756 Payments to Georgia Agricultural Exposition Authority $ 2,062,017 Payments to McIntosh County $ 100,000 Georgia Boxing Commission $ 6,000 Total Funds Budgeted $ 137,065,383 Receipts from Jekyll Island State Park Authority $ 890,073 Receipts from Stone Mountain Memorial Association $ 3,814,889 Receipts from Lake Lanier Islands Development Authority $ 2,663,931 Receipts from North Georgia Mountain Authority $ 1,426,635 Indirect DOAS Funding $ 200,000 State Funds Budgeted $ 94,994,956 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 4,810,828 $ 4,795,828

Page 1134

Program Support $ 2,962,334 $ 2,962,334 Historic Preservation $ 2,681,243 $ 2,191,243 Parks, Recreation and Historic Sites $ 43,652,146 $ 17,245,041 Coastal Resources $ 2,189,298 $ 2,064,580 Wildlife Resources $ 33,720,649 $ 28,472,228 Environmental Protection $ 46,023,138 $ 36,237,955 Pollution Prevention Assistance $ 1,025,747 $ 1,025,747 Total $ 137,065,383 $ 94,994,956 B. Budget Unit: Georgia Agricultural Exposition Authority $ 0 Personal Services $ 2,677,702 Regular Operating Expenses $ 1,993,200 Travel $ 25,000 Motor Vehicle Purchases $ 30,000 Equipment $ 100,000 Computer Charges $ 20,000 Real Estate Rentals $ 0 Telecommunications $ 50,000 Per Diem, Fees and Contracts $ 695,000 Capital Outlay $ 0 Total Funds Budgeted $ 5,590,902 State Funds Budgeted $ 0 Departmental Functional Budgets Total Funds State Funds Georgia Agricultural Exposition Authority $ 5,590,902 $ 0 Section 24. Department of Public Safety. A. Budget Unit: Department of Public Safety $ 99,540,691 1. Operations Budget: Personal Services $ 61,941,346 Regular Operating Expenses $ 8,005,646 Travel $ 104,095 Motor Vehicle Purchases $ 2,100,000 Equipment $ 288,460

Page 1135

Computer Charges $ 3,501,067 Real Estate Rentals $ 28,962 Telecommunications $ 1,944,147 Per Diem, Fees and Contracts $ 994,000 State Patrol Posts Repairs and Maintenance $ 145,100 Capital Outlay $ 0 Conviction Reports $ 0 Total Funds Budgeted $ 79,052,823 Indirect DOAS Service Funding $ 1,650,000 State Funds Budgeted $ 77,402,823 2. Driver Services Budget: Personal Services $ 18,074,759 Regular Operating Expenses $ 1,110,763 Travel $ 54,381 Motor Vehicle Purchases $ 0 Equipment $ 47,643 Computer Charges $ 0 Real Estate Rentals $ 47,262 Telecommunications $ 270,000 Per Diem, Fees and Contracts $ 271,500 Capital Outlay $ 0 Conviction Reports $ 303,651 State Patrol Posts Repairs and Maintenance $ 34,900 Driver License Processing $ 1,923,009 Total Funds Budgeted $ 22,137,868 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 22,137,868 Departmental Functional Budgets Total Funds State Funds Administration $ 19,334,349 $ 17,834,349 Driver Services $ 22,137,868 $ 22,137,868 Field Operations $ 59,718,474 $ 59,568,474 Total $ 101,190,691 $ 99,540,691 B. Budget Unit: Units Attached for Administrative Purposes Only $ 14,162,878 Attached Units Budget: Personal Services $ 8,121,549 Regular Operating Expenses $ 2,601,484

Page 1136

Travel $ 99,663 Motor Vehicle Purchases $ 0 Equipment $ 219,153 Computer Charges $ 143,819 Real Estate Rentals $ 156,997 Telecommunications $ 179,113 Per Diem, Fees and Contracts $ 553,890 Highway Safety Grants $ 2,425,200 Peace Officers Training Grants $ 3,536,527 Capital Outlay $ 0 Total Funds Budgeted $ 18,037,395 State Funds Budgeted $ 14,162,878 Departmental Functional Budgets Total Funds State Funds Office of Highway Safety $ 3,051,769 $ 327,252 Georgia Peace Officers Standards and Training $ 1,417,555 $ 1,417,555 Police Academy $ 1,179,198 $ 1,089,198 Fire Academy $ 1,133,947 $ 1,023,947 Georgia Firefighters Standards and Training Council $ 464,482 $ 464,482 Georgia Public Safety Training Facility $ 10,790,444 $ 9,840,444 Total $ 18,037,395 $ 14,162,878 Section 25. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System $ 15,110,000 Payments to Employees' Retirement System $ 1,472,500 Employer Contributions $ 13,637,500 Total Funds Budgeted $ 15,110,000 State Funds Budgeted $ 15,110,000 Section 26. Public Service Commission. Budget Unit: Public Service Commission $ 8,482,241 Personal Services $ 7,389,185

Page 1137

Regular Operating Expenses $ 643,921 Travel $ 277,556 Motor Vehicle Purchases $ 204,500 Equipment $ 61,826 Computer Charges $ 399,811 Real Estate Rentals $ 330,108 Telecommunications $ 158,378 Per Diem, Fees and Contracts $ 1,266,590 Total Funds Budgeted $ 10,731,875 State Funds Budgeted $ 8,482,241 Departmental Functional Budgets Total Funds State Funds Administration $ 2,185,724 $ 2,185,724 Transportation $ 3,561,341 $ 1,541,099 Utilities $ 4,984,810 $ 4,755,418 Total $ 10,731,875 $ 8,482,241 Section 27. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction $ 1,248,280,988 Personal Services: $ Educ., Gen., and Dept. Svcs $ 1,346,731,158 Sponsored Operations $ 204,900,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 327,745,456 Sponsored Operations $ 146,225,000 Special Funding Initiative $ 19,622,118 Office of Minority Business Enterprise $ 1,491,151 Student Education Enrichment Program $ 351,860 Forestry Research $ 741,611 Research Consortium $ 6,085,000 Capital Outlay $ 419,000 Total Funds Budgeted $ 2,054,312,354 Departmental Income $ 42,000,000 Sponsored Income $ 351,125,000 Other Funds $ 409,866,866 Indirect DOAS Services Funding $ 3,039,500 State Funds Budgeted $ 1,248,280,988

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B. Budget Unit: Regents Central Office and Other Organized Activities $ 180,616,759 Personal Services: Educ., Gen., and Dept. Svcs $ 278,691,453 Sponsored Operations $ 70,533,799 Operating Expenses: Educ., Gen., and Dept. Svcs $ 128,037,390 Sponsored Operations $ 42,274,927 Fire Ant and Environmental Toxicology Research $ 0 Agricultural Research $ 2,497,965 Advanced Technology Development Center/Economic Development Institute $ 14,189,218 Capitation Contracts for Family Practice Residency $ 3,864,204 Residency Capitation Grants $ 2,119,378 Student Preceptorships $ 146,400 Mercer Medical School Grant $ 7,210,000 Morehouse School of Medicine Grant $ 6,044,890 vetoed 4-24-97 Zell Miller Capital Outlay $ 200,000 Center for Rehabilitation Technology $ 3,049,004 SREB Payments $ 4,653,750 Medical Scholarships $ 1,386,882 Regents Opportunity Grants $ 600,000 Regents Scholarships $ 200,000 Rental Payments to Georgia Military College $ 1,273,869 CRT Inc. Contract at Georgia Tech Research Institute $ 193,815 Direct Payments to the Georgia Public Telecommunications Commission for Operations $ 15,576,961 Total Funds Budgeted $ 582,743,905 Departmental Income $ 0 Sponsored Income $ 121,662,552 Other Funds $ 279,921,094 Indirect DOAS Services Funding $ 543,500 State Funds Budgeted $ 180,616,759 Regents Central Office and Other Organized Activities Total Funds State Funds Marine Resources Extension Center $ 2,297,115 $ 1,458,968 Skidaway Institute of Oceanography $ 4,789,005 $ 1,583,372

Page 1139

Marine Institute $ 1,568,456 $ 1,005,675 Georgia Tech Research Institute $ 107,087,281 $ 9,211,977 Advanced Technology Development Center/Economic Development Institute $ 14,189,218 $ 7,061,177 Agricultural Experiment Station $ 69,107,582 $ 39,921,393 Cooperative Extension Service $ 55,591,738 $ 32,183,352 Medical College of Georgia Hospital and Clinics $ 262,074,410 $ 33,608,599 Veterinary Medicine Experiment Station $ 2,984,133 $ 2,984,133 Veterinary Medicine Teaching Hospital $ 5,118,005 $ 535,878 Joint Board of Family Practice $ 24,977,456 $ 24,977,456 Georgia Radiation Therapy Center $ 3,413,908 $ 0 Athens and Tifton Veterinary Laboratories $ 3,491,531 $ 137,561 Regents Central Office $ 26,054,067 $ 25,947,218 Total $ 582,743,905 $ 180,616,759 C. Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 9,906,134 Operating Expenses $ 18,233,490 Total Funds Budgeted $ 28,139,624 Other Funds $ 28,139,624 State Funds Budgeted $ 0 D. Budget Unit: Lottery for Education $ 33,054,422 Equipment, Technology and Construction Trust Fund $ 15,000,000

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Georgia Public Telecommunications Commission $ 1,500,000 Internet Connection Initiative $ 6,454,422 Special Funding Initiatives $ 10,100,000 Total Funds Budgeted $ 33,054,422 Lottery Funds Budgeted $ 33,054,422 Section 28. Department of Revenue. Budget Unit: Department of Revenue $ 92,513,751 Personal Services $ 60,089,292 Regular Operating Expenses $ 5,221,372 Travel $ 1,366,540 Motor Vehicle Purchases $ 120,000 Equipment $ 410,048 Computer Charges $ 9,407,440 Real Estate Rentals $ 2,886,194 Telecommunications $ 2,711,370 Per Diem, Fees and Contracts $ 1,250,237 County Tax Officials/Retirement and FICA $ 3,422,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,404,350 Postage $ 3,506,810 Investment for Modernization $ 4,902,668 Total Funds Budgeted $ 97,699,116 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 92,513,751 Department Functional Budgets Total Funds State Funds Departmental Administration $ 7,100,054 $ 7,100,054 Internal Administration $ 11,243,171 $ 11,093,171 Information Systems $ 13,517,722 $ 12,502,522 Field Services $ 16,598,073 $ 16,458,073 Income Tax Unit $ 8,219,335 $ 7,919,335 Motor Vehicle Unit $ 17,272,788 $ 15,972,788 Central Audit Unit $ 8,187,047 $ 8,187,047 Property Tax Unit $ 4,766,066 $ 3,225,701 Sales Tax Unit $ 4,036,076 $ 3,936,076

Page 1141

State Board of Equalization $ 23,103 $ 23,103 Taxpayer Accounting $ 4,162,256 $ 3,522,456 Alcohol and Tobacco $ 2,573,425 $ 2,573,425 Total $ 97,699,116 $ 92,513,751 Section 29. Secretary of State. A. Budget Unit: Secretary of State $ 28,852,465 Personal Services $ 18,092,115 Regular Operating Expenses $ 3,106,655 Travel $ 239,500 Motor Vehicle Purchases $ 135,019 Equipment $ 89,990 Computer Charges $ 2,774,487 Real Estate Rentals $ 2,402,255 Telecommunications $ 845,850 Per Diem, Fees and Contracts $ 1,726,594 Election Expenses $ 485,000 Total Funds Budgeted $ 29,897,465 State Funds Budgeted $ 28,852,465 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,919,578 $ 3,889,578 Archives and Records $ 4,772,902 $ 4,697,902 Business Services and Regulation $ 4,553,807 $ 3,783,807 Elections and Campaign Disclosure $ 4,449,713 $ 4,429,713 Drugs and Narcotics $ 1,195,085 $ 1,195,085 State Ethics Commission $ 387,907 $ 387,907 State Examining Boards $ 10,517,499 $ 10,367,499 Holocaust Commission $ 100,974 $ 100,974 Total $ 29,897,465 $ 28,852,465 B. Budget Unit: Real Estate Commission $ 2,235,046 Personal Services $ 1,344,466

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Regular Operating Expenses $ 167,500 Travel $ 15,000 Motor Vehicle Purchases $ 25,000 Equipment $ 9,630 Computer Charges $ 333,150 Real Estate Rentals $ 165,300 Telecommunications $ 42,000 Per Diem, Fees and Contracts $ 133,000 Total Funds Budgeted $ 2,235,046 State Funds Budgeted $ 2,235,046 Departmental Functional Budgets State Funds Cost of Operations Real Estate Commission $ 2,235,046 $ 2,275,046 Section 30. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission $ 2,132,890 Personal Services $ 1,277,680 Regular Operating Expenses $ 242,164 Travel $ 38,568 Motor Vehicle Purchases $ 13,534 Equipment $ 11,094 Computer Charges $ 45,776 Real Estate Rentals $ 93,293 Telecommunications $ 37,076 Per Diem, Fees and Contracts $ 549,905 County Conservation Grants $ 186,500 Total Funds Budgeted $ 2,495,590 State Funds Budgeted $ 2,132,890 Section 31. Student Finance Commission. A. Budget Unit: Student Finance Commission $ 34,167,303 Personal Services $ 444,058 Regular Operating Expenses $ 15,000 Travel $ 16,000 Motor Vehicle Purchases $ 17,000 Equipment $ 3,100 Computer Charges $ 13,822 Real Estate Rentals $ 40,000 Telecommunications $ 12,000 Per Diem, Fees and Contracts $ 50,000

Page 1143

Payment of Interest and Fees $ 0 Guaranteed Educational Loans $ 4,739,075 Tuition Equalization Grants $ 26,264,000 Student Incentive Grants $ 1,221,380 Law Enforcement Personnel Dependents' Grants $ 86,000 North Georgia College ROTC Grants $ 337,500 Osteopathic Medical Loans $ 100,000 Georgia Military Scholarship Grants $ 808,368 Paul Douglas Teacher Scholarship Loans $ 0 Total Funds Budgeted $ 34,167,303 State Funds Budgeted $ 34,167,303 Departmental Functional Budgets Total Funds State Funds Georgia Student Finance Authority $ 33,556,323 $ 33,556,323 Georgia Nonpublic Postsecondary Education Commission $ 610,980 $ 610,980 Total $ 34,167,303 $ 34,167,303 B. Budget Unit: Lottery for Education $ 174,678,127 HOPE Financial Aid - Tuition $ 85,679,048 HOPE Financial Aid - Books $ 22,697,638 HOPE Financial Aid - Fees $ 16,609,500 HOPE Scholarships - Private Colleges $ 35,786,725 Georgia Military College Scholarship $ 755,480 LEPD Scholarship $ 249,736 Teacher Scholarships $ 10,000,000 Promise Scholarships $ 2,000,000 Engineer Scholarships $ 900,000 Total Funds Budgeted $ 174,678,127 Lottery Funds Budgeted $ 174,678,127 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,070,000 Personal Services $ 4,872,587 Regular Operating Expenses $ 373,900 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 5,700 Computer Charges $ 815,736

Page 1144

Real Estate Rentals $ 475,958 Telecommunications $ 140,302 Per Diem, Fees and Contracts $ 308,000 Retirement System Members $ 3,750,000 Floor Fund for Local Retirement Systems $ 320,000 Total Funds Budgeted $ 11,082,683 State Funds Budgeted $ 4,070,000 Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 226,180,069 Personal Services $ 5,632,485 Regular Operating Expenses $ 611,890 Travel $ 161,380 Motor Vehicle Purchases $ 0 Equipment $ 187,271 Real Estate Rentals $ 653,288 Per Diem, Fees and Contracts $ 749,575 Computer Charges $ 912,165 Telecommunications $ 129,033 Salaries and Travel of Public Librarians $ 14,608,836 Public Library Materials $ 5,898,788 Talking Book Centers $ 1,062,342 Public Library Maintenance and Operation $ 5,689,075 Capital Outlay $ 156,000 Personal Services-Institutions $ 166,668,464 Operating Expenses-Institutions $ 47,169,548 Area School Program $ 6,152,736 Adult Literacy Grants $ 18,962,976 Regents Program $ 3,406,773 Quick Start Program $ 8,345,152 Total Funds Budgeted $ 287,157,777 State Funds Budgeted $ 226,180,069 Departmental Functional Budgets Total Funds State Funds Administration $ 9,037,087 $ 5,938,437 Institutional Programs $ 278,120,690 $ 220,241,632 Total $ 287,157,777 $ 226,180,069

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B. Budget Unit: Lottery for Education $ 5,441,500 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,040,000 Capital Outlay - Technical Institute Satellite Facilities $ 0 Equipment-Technical Institutes $ 4,401,500 Repairs and Renovations - Technical Institutes $ 0 Total Funds Budgeted $ 5,441,500 Lottery Funds Budgeted $ 5,441,500 Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 542,507,217 Personal Services $ 252,140,332 Regular Operating Expenses $ 58,974,281 Travel $ 1,894,091 Motor Vehicle Purchases $ 2,000,000 Equipment $ 7,011,553 Computer Charges $ 8,399,287 Real Estate Rentals $ 1,341,373 Telecommunications $ 2,769,833 Per Diem, Fees and Contracts $ 38,674,367 Capital Outlay $ 778,307,662 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,001,874 Capital Outlay - Airport Development $ 1,239,992 Mass Transit Grants $ 10,942,422 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 780,000 Contracts with the Georgia Rail Passenger Authority $ 250,000 Total Funds Budgeted $ 1,165,727,067 State Funds Budgeted $ 542,507,217 Departmental Functional Budgets Total Funds State Funds Motor Fuel Tax Budget Planning and Construction $ 866,001,883 $ 267,000,324 Maintenance and Betterments $ 239,740,628 $ 227,316,643 Facilities and Equipment $ 12,932,803 $ 12,372,803 Administration $ 29,093,905 $ 28,310,230 Total $ 1,147,769,219 $ 535,000,000

Page 1146

General Funds Budget Planning and Construction $ 0 $ 0 Air Transportation $ 1,863,103 $ 1,451,103 Inter-Modal Transfer Facilities $ 15,314,745 $ 5,276,114 Harbor/Intra-Coastal Waterways Activities $ 780,000 $ 780,000 Total $ 17,957,848 $ 7,507,217 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 19,795,288 Personal Services $ 5,156,689 Regular Operating Expenses $ 180,263 Travel $ 92,245 Motor Vehicle Purchases $ 0 Equipment $ 201,495 Computer Charges $ 20,400 Real Estate Rentals $ 248,700 Telecommunications $ 67,500 Per Diem, Fees and Contracts $ 14,158,810 Operating Expense/Payments to Medical College of Georgia $ 7,420,422 Regular Operating Expenses for Projects and Insurance $ 498,100 Total Funds Budgeted $ 28,044,624 State Funds Budgeted $ 19,795,288 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 20,573,202 $ 14,862,258 Veterans Nursing Home-Augusta $ 7,471,422 $ 4,933,030 Total $ 28,044,624 $ 19,795,288 Section 36. Workers' Compensation Board. Budget Unit: Workers' Compensation Board $ 10,918,457 Personal Services $ 8,826,969 Regular Operating Expenses $ 407,287 Travel $ 111,345

Page 1147

Motor Vehicle Purchases $ 0 Equipment $ 5,160 Computer Charges $ 315,919 Real Estate Rentals $ 1,079,835 Telecommunications $ 166,902 Per Diem, Fees and Contracts $ 195,040 Payments to State Treasury $ 0 Total Funds Budgeted $ 11,108,457 State Funds Budgeted $ 10,918,457 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) $ 349,526,935 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 384,526,935 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 9,200,679 Motor Fuel Tax Funds (New) $ 0 $ 9,200,679 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' 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

Page 1148

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. Zell Miller 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 Effingham County Board of Education Media Centers for Effingham County School System $40,000 Zell Miller Effingham County Playground Equipment for Meldrim Recreational Park $ 5,000 Cobb County Campbell High School Athletic Department Facility $ 5,000 Cobb County Computer Equipment for King Springs Elementary $15,000

Page 1149

Cobb County Operation Funds for the Blind - Low Vision Program $ 5,000 City of Lilburn Improvements for City Park $10,000 City of Jeffersonville Improvements to City Facilities $20,000 Jones County Equipment for Fire Department $20,000 Jefferson County Computers for Sheriff's Department $20,000 Dekalb County Operation Funds for Information Center at John B. Gordon School $30,000 Fulton County Operation Funds for St. Judes Recovery Center $25,000 City of Quitman Improvements for City Park $30,000 Vetoed 4-24-97 Zell Miller Echols County Board of Education High School Gymnasium Repairs $20,000 City of Kennesaw Bleachers for Kennesaw State University $20,000 City of Kennesaw Renovation of Old Fire Station into Recreational Facility $10,000 City of Acworth Renovation of Coats and Clark Ballfield $10,000 City of Pearson Improvements to Recreation Department $ 7,500 City of Willacoochee Improvements to City Hall $ 7,500 City of Clarkston Repairs to City Hall $10,000 DeKalb County Crime Prevention Conference $ 3,000 DeKalb County Georgia Women's History Study $40,000

Page 1150

Tattnall County Board of Education Operation of Health Out-reach Program $10,000 Pike County Construction of Tennis Courts $25,000 Newton County Purchase Recreation Equipment $ 5,000 Fulton County Operation of Horticulture Program $10,000 DeKalb County Operation of South DeKalb Business Incubator $10,000 DeKalb County Operation of South DeKalb Choir $ 5,000 Murray County Construction of Murray County Animal Shelter $15,000 Columbia County Operation of Historical Society $ 7,500 Vetoed 4-24-97 Zell Miller McDuffie County Operation of Historical Society $ 7,500 Henry County Paving for Hidden Valley Park $ 5,000 Atlanta-Fulton Public Library Foundation Computer Equipment and Materials for the Roswell Regional Library $20,000 DeKalb County Operation of the Youth Prevention Program $ 5,000 Cwinnett County Construction of Fallen Heros Park Monument $25,000 Troup County Operation of Troup-Harris-Coweta Regional Library $ 5,000 Heard County Parking Lot for Senior Citizens Center $10,000 Coweta County Playground Equipment for Handicapped Children $ 5,000

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City of Tignall Equipment for Fire Department $ 5,000 Fulton County Operation of Fulton County Library Foundation - Alpharetta $ 20,000 Hall County Operation of Humane Society $ 5,000 Cobb County Board of Education Outdoor Classroom $ 15,000 Bacon County Operation of Bacon County Airport $ 5,000 City of Commerce Equipment for North Georgia EMS $ 5,000 City of Tybee Tybee Island Lighthouse $ 5,000 City of Pelham Repairs to Water System $ 58,000 Zell Miller City of Atlanta Operation of Public Access and Teacher Preparation Programs at Clark Atlanta University $209,000 City of Warner Robins Operating Expenses for the Aviation Museum $440,000 City of Alapaha Little League Equipment $ 5,000 Athens/Clarke County Operation of Safe Campus Now $ 40,000 Cwinnett County Board of Education Handicapped Access for Meadowereek High School $ 25,000 Richmond County Operation of Golden Harvest Food Bank $ 20,000 City of Kennesaw Stadium Seating at Kennesaw State University $ 10,000 Cobb County Board of Education Lighting for Harrison High School Baseball Field $ 10,000

Page 1152

Butts County Purchase Video Cameras for Sheriff's Patrol Cars $ 20,000 City of Euharlee Purchase Jaws of Life $ 9,500 Taliferro County Historic Prescrvation of Locust Grove Cemetery $ 30,000 DcKalb County Operation of South DcKalb Community Development Corporation $ 5,000 Tattnall County Board of Education Purchase Materials for Vocational Agriculture and Educational Facility $ 15,000 City of Leslie Improvements to City Hall $ 8,500 Sumter County Board of Education Purchase Band Uniforms $ 10,000 Vetoed 4-24-97 Zell Miller City of Ideal Equipment for Fire Department $ 10,000 City of Woodland Purchase Property for Recreational Facilities $ 11,000 City of Lavonia Construction of Recreation Field $ 25,000 Pulaski County Operation of Pulaski County $ 25,000 City of Tybee Island Renovation of Tybee Light-house $100,000 City of Senoia Purchase Septic Pumper Truck $ 10,000 Grady County Board of Commissioners Operation of Spenee Volunteer Fire Department $ 10,000 Gwinnett County Board of Education Purchase Stadium Benches and Dressing Area for Collins Hill High School $ 20,000 City of Mt. Zion Purchase Property $ 20,000

Page 1153

Clayton County Board of Education Operate Project Decision $30,000 DcKalb County Board of Education Operation of DcKalb Historical Society $15,000 City of Georgetown Improvements to Sewer System $25,000 Bartow County Equipment for Folsom Volunteer Fire Department $10,000 Bartow County Equipment for Pinc Log Volunteer Fire Department $10,000 Twiggs County Equipment for Jefferson Twiggs County Volunteer Fire Department $ 5,000 Vetoed 4-24-97 Zell Miller Gwinnett County Board of Education Equipment for Meadowereck High School $25,000 Cobb County Board of Education Construction of South Cobb High School Athletic Field House $75,000 City of Lakeland Land for Patton Detention Center $38,000 Wilkes County Purchase Equipment for EMS $ 5,000 Columbus / Muscogee Operating Expenses for the Bridge Program $15,000 City of Augusta Operating Expenses for Trinity School $10,000 Fulton County Operation of Friends of Fulton County Library $10,000 City of Berlin Operating Expenses $ 5,000 Clarke County For the Clarke Central High School Gym $25,000

Page 1154

Macon County For the Macon County Public Safety and Civil Defense Facility $ 7,000 City of Dalton Operation of the North west Georgia Girls Home $10,000 Vetoed 4-24-97 Zell Miller City of Atlanta Feasibility Study for Agriscience Program at Carver High School $10,000 City of Austell Computer Equipment $35,000 City of Reynolds Purchase Automobile $16,000 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 $1,925.22. 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 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: Number in Asst. Group Standards of Need Maximum Monthly Amount 1 $235 $155 2 356 235

Page 1155

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 43. 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. Vetoed 4-24-97 Zell Miller Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. Adjust non-state nursing home reimbursement rates effective July 1, 1997 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology.

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Section 44. Provisions Relative to Section 22, Merit System of Personnel Administration. The Department is authorized to assess no more than $137.00 per 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 1998 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 1998 shall not exceed 8.66%. Section 45. 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. Zell Miller It is the intent of the General Assembly that the Department of Natural Resources provide grants to local governments in the [Illegible Text] River Basin to deal with down stream environmental problems. Section 46. 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 47. 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.

Page 1157

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. Vetoed 4-24-97 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 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 48. In addition to all other appropriations for the State fiscal year ending June 30, 1998, there is hereby appropriated $3,600,000 for the purpose of providing funds for the operation of regional farmers' markets in the Department of Agriculture; and there is hereby appropriated $400,000 for the purpose of providing funds for the Weights and Measures, Warehouse Auditing Programs, Animal Protection Program and Feed Division; there is hereby appropriated $9,468,000 for the purpose of providing operating funds for the State physical health laboratories ($120,000 Budget Unit A) and for State mental health/mental retardation institutions ($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.

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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 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 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, which is required to make refund of taxes and other monies collected in error, farmer gasoline tax refund and any other refunds specifically authorized by law.

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Section 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 1997 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

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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. Vetoed 4-24-97 Zell Miller There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act. Section 57. 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), $2,312,500 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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated State General Funds (New), $962,000 is specifically appropriated for the purpose of financing projects and 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 $10,400,000 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), $159,563 is specifically appropriated for the purpose of financing projects and facilities for the Jekyll Island State Park 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 $1,725,000 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), $332,538 is specifically appropriated for the purpose of financing projects and 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 $3,595,000 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), $159,563 is specifically appropriated for the purpose of financing projects and 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 $1,725,000 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), $1,387,500 is specifically appropriated for the purpose of financing projects and 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 $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.

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Zell Miller From the appropriation designated State General Funds (New), $827,875 is specifically appropriated for the Department of Technical and Adult Education for the purpose of financing facilities 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, and 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 $8,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Zell Miller From the appropriation designated State General Funds (New), $118,400 is specifically appropriated for the purpose of financing projects and 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 $1,280,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Zell Miller From the appropriation designated State General Funds (New), $545,750 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Ports Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,900,000 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), $29,250 is specifically appropriated for the purpose of financing projects and 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 $125,000 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), $508,950 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia, by means of the acquisition, construction, development, extension, enlargement,

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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 $2,175,000 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), $141,570 is specifically appropriated for the purpose of financing projects and facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $605,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Zell Miller From the appropriation designated State General Funds (New), $1,715,220 is specifically appropriated for the purpose of financing facilities for the Department 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 $7,330,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. Section 58. 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 general salary adjustment of 0% to 7% for employees of the Executive Branch with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (proposed salary adjustments are in conformance with the Georgia Gain pay for performance system). 2.) To provide a general salary adjustment of 4% for employees of the Judicial and Legislative branches with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997 (proposed salary adjustments are contingent on an employee's receiving at least satisfactory or meets expectations on their annual performance appraisal). 3.) 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 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, 1997. 4.) 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, 1997. 5.) To provide for a 6% increase in the state base salary on the local teacher salary

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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, 1997. 6.) 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, 1997. 7.) In addition to the general salary 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, 1997, such that the total increase on an annualized basis is 6 percent. 8.) 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, 1997 for non-academic personnel and of September 1, 1997 for academic personnel. 9.) In addition to the general salary adjustment in item 1 above, to provide a 5% conditional salary supplement for incumbents in the Correctional Officer job class series working in high mission (security level V and VI) institutions, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 10.) In addition to the general salary adjustment in item 1 above, to provide a 5% in-range salary adjustment for Department of Corrections' food service and maintenance workers directly supervising inmates, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. 11.) In addition to the general salary adjustment in item 1 above, to provide a salary adjustment for administrative law judges in the Office of State Administrative Hearings, with the amount of the appropriation for this purpose determined according to and effective date of October 1, 1997. 12.) In addition to the general salary adjustment in item 1 above, to provide in range salary adjustments and an additional 5% criteria-based in-range salary adjustment for Peace Officer Standards Training certified personnel in the Juvenile Correctional Officer job class series within the Department of Children and Youth Services, with the amount of the appropriation for this purpose determined according to an effective date of October 1, 1997. Section 59. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1998 $11,781,453,880 Section 60. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 61. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1997.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS BUSINESS CORPORATIONS; FILING DOCUMENTS; NOTICE; SHARES AND DISTRIBUTIONS; SHAREHOLDERS; MERGER AND SHARE EXCHANGE; SALE OF ASSETS; DISSOLUTION; NONPROFIT CORPORATIONS; FILING FEES; ENTITY DEFINED; INCORPORATION; INDEMNIFICATION OF DIRECTORS AND OFFICERS; MERGER; DISSOLUTION. Code Title 14 Amended. No. 406 (House Bill No. 294). AN ACT To amend Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, so as to change the provisions relating to fees and penalties; to provide for the transmission of notice by fascimile, telegraph, or teletype; to provide that if a corporation which has treasury shares declares a shared dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the dividend expressly so provides; to provide that a corporation may create security interest in treasury shares; to change the provisions relating to special meetings of shareholders; to change the provisions relating to actions of shareholders without meetings; to change the provisions relating to certain consents; to change the provisions relating to the voting entitlement of shares; to change the provisions relating to a corporation's acceptance of votes; to provide for the appointment of inspectors to act at meetings of shareholders and make written reports;to provide for oaths; to provide for powers and duties of inspectors; to change the provisions relating to actions on plans of merger; to provide for actions by shareholders of the acquiring corporation in a share exchange; to change the provisions relating to sales of assets acquiring shareholder approval; to change the provisions relating to reinstatement following administrative dissolution; to amend Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, so as to change the provisions relating to filing fees; to redefine the term entity; to change the provisions relating to articles of incorporation; to substantially revise the provisions relating to indemnification; to provide for definitions and redefining certain terms; to provide for indemnification of individuals who are or were directors or officers under certain conditions; to provide for the advancement of funds; to provide for practices, procedures, and requirements related to indemnification; to provide for the advancement of expenses and orders related to expenses; to provide for insurance; to change the provisions relating to plans of merger; to provide for definitions relating thereto; to change the provisions relating to approval of mergers; to change the provisions relating to articles of mergers and publication of notice of merger; to change the provisions relating to the affects of mergers; to provide for other matters relating to corporations and nonprofit corporations; to change the provisions relating to reinstatement following administrative dissolution; to provide for other matters relating to the foregoing; to provide effective dates; to repeal conflicting laws; and other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to business corporations, is amended by striking Code Section 14-2-122, relating to filing fees and penalties, and inserting in lieu thereof a new Code Section 14-2-122 to read as follows: 14-2-122. The Secretary of State shall collect the following fees and penalties when the documents described in this Code section are delivered to him for filing: Document Fee (1) Articles of incorporation $ 60.00 (2) Application for certificate of authority 170.00 (3) Annual registration 15.00 (4) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name No fee (7) Civil penalty for each year or part thereof during which a foreign corporation transacts business in this state without a certificate of authority 500.00 (8) Statement of change of address of registered agent $5.00 per corporation but not less than 20.00 (9) Application for reinstatement 100.00 (10) Any other document required or permitted to be filed by this chapter 20.00 SECTION 1.1. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-2-141, relating to notice, and inserting in lieu thereof the following: (b) Notice may be communicated in person; by telephone, telegraph, teletype, facsimile, or other form of wire or wireless communication; or by mail or private carrier. If these forms of personal notice are

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impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. Unless otherwise provided in the articles of incorporation, bylaws, or this chapter, notice by facsimile transmission, telegraph, or teletype shall be deemed to be notice in writing for purposes of this chapter. SECTION 2. Said chapter is further amended by adding a new subsection (d) to Code Section 14-2-623, relating to share dividends, to read as follows: (d) If a corporation which has treasury shares declares a share dividend, such dividend shall not be deemed to include a dividend on treasury shares unless the resolution declaring the dividend expressly so provides. SECTION 3. Said chapter is further amended by adding a new subsection (e) to Code Section 14-2-631, relating to a corporation's acquisition of its own shares, to read as follows: (e) A corporation may create security interests in treasury shares. SECTION 4. Said chapter is further amended by striking in its entirety Code Section 14-2-702, relating to special meetings of shareholders, and inserting in lieu thereof the following: 14-2-702. (a) A corporation shall hold a special meeting of shareholders: (1) On call of its board of directors or the person or persons authorized to do so by the articles of incorporation or bylaws; (2) Except as to corporations described in paragraph (3) of this subsection, if the holders of at least 25 percent, or such greater or lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue proposed to be considered at the proposed special meeting, sign, date, and deliver to the corporation one or more written demands for the meeting describing the purpose or purposes for which it is to be held; or (3) In the case of a corporation having 100 or fewer shareholders of record, if the holders of at least 25 percent, or such lesser percentage as may be provided in the articles of incorporation or bylaws, of all the votes entitled to be cast on any issue to be considered at the proposed special meeting sign, date, and deliver to the corporation one or more

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written demands for the meeting describing the purpose or purposes for which it is to be held. (b) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to demand a special meeting is the date the first shareholder signs the demand. (c) Special shareholders' meetings may be held in or out of this state at the place stated in or fixed in accordance with the bylaws. If no place is stated or fixed in accordance with the bylaws, special meetings shall be held at the corporation's principal office. (d) Only business within the purpose or purposes described in the meeting notice required by subsection (c) of Code Section 14-2-705 may be conducted at a special shareholders' meeting. (e) Unless otherwise provided in the articles of incorporation, a written demand by a shareholder for a special meeting may be revoked by a writing to that effect by the shareholder received by the corporation prior to the call of the special meeting. (f) A bylaw provision governing the percentage of shares required to call special meetings is not a quorum or voting requirement. SECTION 5. Said chapter is further amended by striking in their entirety subsections (a), (d), and (e) of Code Section 14-2-704, relating to actions of shareholders without meetings, and inserting in lieu thereof the following: (a) Action required or permitted by this chapter to be taken at a shareholders' meeting may be taken without a meeting if the action is taken by all the shareholders entitled to vote on the action or, if so provided in the articles of incorporation, by persons who would be entitled to vote at a meeting shares having voting power to cast not less than the minimum number (or numbers, in the case of voting by groups) of votes that would be necessary to authorize or take the action at a meeting at which all shareholders entitled to vote were present and voted. The action must be evidenced by one or more written consents bearing the date of signature and describing the action taken, signed by shareholders entitled to take action without a meeting and delivered to the corporation for inclusion in the minutes or filing with the corporate records. (d) If not otherwise fixed under Code Section 14-2-703 or Code Section 14-2-707, the record date for determining shareholders entitled to take action without a meeting is the date the first shareholder signs the consent. No written consent shall be effective to take the corporate action referred to therein unless, within 60 days of the earliest date appearing on a consent delivered to the corporation in the manner

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required by this Code section, evidence of written consents signed by shareholders sufficient to act by written consent are received by the corporation. A written consent may be revoked by a writing to that effect received by the corporation prior to the receipt by the corporation of unrevoked written consents sufficient in number to take corporate action. (e) A consent signed under this Code section has the effect of a meeting vote and may be described as such in any document. A consent delivered to the corporation shall become effective on the date of delivery of the last consent required to take action under subsection (d) of this Code section or such later date as it may provide. SECTION 6. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-2-721, relating to the voting entitlement of shares, and inserting in lieu thereof the following: (b) Absent special circumstances, the shares of a corporation are not entitled to vote if owned by the corporation as treasury shares or if they are held, directly or indirectly, by a second corporation, domestic or foreign, of which the first corporation owns, directly or indirectly, shares sufficient to elect a majority of the directors of the second corporation. SECTION 7. Said chapter is further amended by striking in their entirety subsections (b), (c), (d), and (h) of Code Section 14-2-722, relating to voting shares by proxies, and inserting in lieu thereof the following: (b) A shareholder or his or her agent or attorney in fact may appoint a proxy by executing a writing which authorizes another person or persons to vote or otherwise act for the shareholder by signing an appointment form. Execution may be accomplished by any reasonable means, including facsimile transmission, either personally or by an attorney in fact in the case of an individual shareholder or by an authorized officer, director, employee, or agent in the case of any other shareholder. Any copy, facsimile transmission, or other reliable reproduction of such writing or transmission may be substituted or used in lieu of the original writing or transmission for any and all purposes for which the original writing or transmission could be used, provided that such copy, facsimile transmission, or other reproduction shall be a complete reproduction of the entire original writing. (c) An appointment of a proxy is effective when a signed appointment form or facsimile transmission of the signed appointment is received by the inspector of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for 11 months unless a longer period is expressly provided in the appointment form.

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(d) An appointment of a proxy is revocable unless the appointment form or facsimile transmission states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include the appointment of: (1) A pledgee; (2) A person who purchased or agreed to purchase the shares; (3) A creditor of the corporation who extended it credit under terms requiring the appointment; (4) An employee of the corporation whose employment contract requires the appointment; or (5) A party to a voting agreement created under Code Section 14-2-731. (h) Subject to Code Section 14-2-724 and to any express limitation on the proxy's authority stated in the appointment form, a corporation is entitled to accept the proxy's vote or other action as that of the shareholder making the appointment. SECTION 8. Said chapter is further amended by striking in their entirety subsections (c), (d), and (e) of Code Section 14-2-724, relating to a corporation's acceptance of votes, and inserting in lieu thereof the following: (c) The corporation is entitled to reject a vote, consent, waiver, or proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the shareholder or about the faithfulness or completeness of the reproduction when the original has not been examined. (d) The corporation and its officer or agent who accept or reject a vote, consent, waiver, or proxy appointment in good faith and in accordance with the standards of this Code section or subsection (b) of Code Section 14-2-722 are not liable in damages to the shareholder for the consequences of the acceptance or rejection. (e) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under this Code section or subsection (b) of Code Section 14-2-722 is valid unless a court of competent jurisdiction determines otherwise. SECTION 9. Said chapter is further amended by adding a new Code Section 14-2-729.1 to read as follows:

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14-2-729.1. (a) A corporation having any shares listed on a national securities exchange or regularly traded in a market maintained by one or more members of a national or affiliated securities association shall, and any other corporation may, appoint one or more inspectors to act at a meeting of shareholders and make a written report of the inspectors' determinations. Each inspector shall take and sign an oath faithfully to execute the duties of inspector with strict impartiality and according to the best of the inspector's ability. (b) The inspectors shall: (1) Ascertain the number of shares outstanding and the voting power of each; (2) Determine the shares represented at a meeting; (3) Determine the validity of proxies and ballots; (4) Count all votes; and (5) Determine the result. (c) An inspector may be an officer or employee of the corporation. SECTION 10. Said chapter is further amended by striking in its entirety subsection (h) of Code Section 14-2-1103, relating to action on plans of merger, and inserting in lieu thereof the following: (h) Action by the shareholders of the surviving corporation on a plan of merger or by the shareholders of the acquiring corporation in a share exchange is not required if: (1) The articles of incorporation of the surviving or acquiring corporation will not differ (except for amendments enumerated in Code Section 14-2-1002) from its articles before the merger or share exchange; (2) Each share of stock of the surviving or acquiring corporation outstanding immediately before the effective date of the merger or share exchange is to be an identical outstanding or reacquired share immediately after the merger or share exchange; and (3) The number and kind of shares outstanding immediately after the merger or share exchange, plus the number and kind of shares issuable as a result of the merger or share exchange and by the conversion of securities issued pursuant to the merger or share exchange or the exercise of rights and warrants issued pursuant to the merger or share exchange, will not exceed the total number and kind of shares of the surviving or acquiring corporation authorized by its articles of incorporation immediately before the merger or share exchange.

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SECTION 11. Said chapter is further amended by striking in its entirety subsection (e) of Code Section 14-2-1202, relating to sale of assets requiring shareholder approval, and inserting in lieu thereof the following: (e) Unless the articles of incorporation, the bylaws, or the board of directors (acting pursuant to subsection (c) of this Code section) require a greater vote or a vote by voting groups, the transaction to be authorized must be approved by a majority of all the votes entitled to be cast on the transaction. SECTION 11.1. Said chapter is further amended by striking subsection (a) of Code Section 14-2-1422, relating to reinstatement following administrative dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A corporation administratively dissolved under Code Section 14-2-1421 may apply to the Secretary of State for reinstatement. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; (3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-2-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. SECTION 12. Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to nonprofit corporations, is amended by striking subsection (a) of Code Section 14-3-122, relating to filing fees, and inserting in lieu thereof a new subsection (a) to read as follows: 14-3-122. (a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered for filing:

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Document Fee (1) Articles of incorporation $ 60.00 (2) Application for certificate of authority 70.00 (3) Annual registration 15.00 (4) Agent's statement of resignation No fee (5) Certificate of judicial dissolution No fee (6) Application for reservation of a corporate name No fee (7) Statement of change of address of registered agent $5.00 per corporation but not less than 20.00 (8) Application for reinstatement 100.00 (9) Any other document required or permitted to be filed by this chapter 20.00 SECTION 12.1. Said chapter is further amended by striking paragraph (13) of Code Section 14-3-140, relating to definitions, and inserting in lieu thereof the following: (13) `Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, general partnership, limited partnership, trust, two or more persons having a joint or common economic interest; limited liability company and foreign limited liability company; limited liability partnership and foreign limited liability partnership; state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35. SECTION 13. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 14-3-202, relating to articles of incorporation, and inserting in lieu thereof the following: (b) The articles of incorporation may set forth: (1) The purpose or purposes for which the corporation is organized, which may be, either alone or in combination with other purposes, the transaction of any lawful activity; (2) The names and addresses of the individuals who are to serve as the initial directors; (3) Provisions not inconsistent with law regarding:

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(A) Managing and regulating the affairs of the corporation; (B) Defining, limiting, and regulating the powers of the corporation, its board of directors, and members (or any class of members); and (C) The characteristics, qualifications, rights, limitations, and obligations attaching to each or any class of members; (4) A provision eliminating or limiting the liability of a director to the corporation or its members 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; (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 Sections 14-3-860 through 14-3-864; 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; (5) Any provision that under this chapter is required or permitted to be set forth in the bylaws; and (6) Provisions not inconsistent with law regarding the distribution of assets on dissolution. SECTION 14. Said chapter is further amended by striking in its entirety Part 5 of Article 8, relating to indemnification, and inserting in lieu thereof the following: Part 5 14-3-850. 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 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 business or nonprofit corporation, partnership,

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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 the director's duties to the corporation also impose duties on, or otherwise involve services by, the director to the plan or to participants in or beneficiaries of the plan. `Director' or `officer' includes, unless the context otherwise requires, the estate or personal representative of a director. (3) `Disinterested director' means a director who at the time of a vote referred to in subsection (c) of Code Section 14-3-853 or a vote or selection referred to in subsection (b) or (c) of Code Section 14-3-855 is not: (A) A party to the proceeding; or (B) An individual 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, 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 actually 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 14-3-857, 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. 14-3-851. (a) Except as otherwise provided in this Code section, a corporation may indemnify an individual who is a party to a proceeding because the

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individual is or was a director against liability incurred in the proceeding if: (1) He or she conducted himself or herself in good faith; and (2) He or she reasonably believed: (A) In the case of conduct in his or her official capacity, that his or her conduct was in the best interests of the corporation; (B) In all other cases, that his or her conduct was at least not opposed to the best interests of the corporation; and (C) In the case of any criminal proceeding, he or she had no reasonable cause to believe his or her conduct was unlawful. (b) A director's conduct with respect to an employee benefit plan for a purpose the director believed in good faith to be in the interests of the participants in and beneficiaries of the plan is conduct that satisfies the requirements of subsection (a) 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 other proceeding with respect to conduct for which the director was adjudged liable on the basis that personal benefit was improperly received by the director, whether or not involving action in the director's official capacity. 14-3-852. A corporation shall indemnify a director who was successful, on the merits or otherwise, in the defense of any proceeding to which the director was a party because the director was a director of the corporation against reasonable expenses incurred by the director in connection with the proceeding. 14-3-853. (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 the director is a director if the director delivers to the corporation:

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(1) A written affirmation of the director's good faith belief that the director has met the relevant standard of conduct described in of Code Section 14-3-851 or that the proceeding involves conduct for which liability has been eliminated under a provision of the articles of incorporation as authorized by paragraph (4) of subsection (b) of Code Section 14-3-202; and (2) The director's 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 by the board of directors: (1) If 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 (2) If there are fewer than two disinterested directors, by the vote necessary for action by the board in accordance with subsection (c) of Code Section 14-3-824, in which authorization directors who do not qualify as disinterested directors may participate. 14-3-854. (a) A director who is a party to a proceeding because he or she is a director may apply for indemnification or advances of expenses to the court conducting the proceeding or to another court of competent jurisdiction. After receipt of an application, 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: (A) To indemnify the director; or (B) To advance expenses to the director, even if he or she has not met the relevant standard of conduct set forth in subsections (a) and (b) of Code Section 14-3-851, failed to comply with Code Section 14-3-853, or was adjudged liable in a proceeding referred to in paragraph (1) or (2) of subsection (d) of Code Section

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14-3-851, but if he or she was adjudged so liable his or her indemnification 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. 14-3-855. (a) A corporation may not indemnify a director under Code Section 14-3-851 unless authorized thereunder and a determination has been made for a specific proceeding that indemnification of the director is permissible in the circumstances because the director has met the relevant standard of conduct set forth in Code Section 14-3-851. (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 members, but directors who do not qualify as disinterested directors may not vote as members 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 paragraph (3) of subsection (b) of this Code section to select special legal counsel. 14-3-856. (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

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(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; (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 14-3-852, and may apply to a court under Code Section 14-3-854 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. 14-3-857. 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 business or nonprofit corporation, partnership, joint venture, trust, employee benefit plan, or other entity against liability asserted against or incurred by the individual in that capacity or arising from the individual's status as a director, officer, employee, or agent, whether or not the corporation would have power to indemnify or advance expenses to the individual against the same liability under this part. 14-3-858. (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

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advance funds to pay for or reimburse expenses consistent with this part. 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 Section 14-3-853 to the fullest extent permitted by law, unless the provision specifically provides otherwise. Any such provision existing on July 1, 1991, shall be valid to the extent it does not provide for broader indemnification than is allowed under this part. (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 Code Section 14-3-1105. (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 14-3-856, 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. (f) The provisions of this part may be incorporated by reference into a corporation's articles of incorporation, bylaws, or a resolution of its members or board of directors. In such case, any such provision shall subsequently be deemed amended to conform with any amendments to this part, unless such provision otherwise expressly provides. SECTION 15. Said chapter is further amended by striking in its entirety Code Section 14-3-1101, relating to plans of merger, and inserting in lieu thereof the following: 14-3-1101. (a) As used in this Code section, the term: (1) `Business corporation' means a corporation for profit, incorporated under the provisions of Chapter 2 of this title.

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(2) `Entity' includes any domestic or foreign business corporation, domestic or foreign nonprofit corporation, domestic or foreign limited liability company, domestic or foreign joint-stock association, or domestic or foreign limited partnership. (3) `Foreign business corporation' means a corporation for profit incorporated under a law other than the law of this state. (4) `Governing agreements' includes the articles of incorporation and bylaws of a domestic or foreign business corporation or domestic or foreign 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. (5) `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, 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. (6) `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 partnership with a corporation. (7) `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. (8) `Share' includes shares, memberships, financial or beneficial interests, units, or proprietary or partnership interests in a domestic or foreign business corporation, limited liability company, joint-stock association, or a limited partnership, but does not include debt obligations of any entity. (9) `Shareholder' includes every shareholder, member, or partner in a domestic or foreign business corporation, a limited liability company, a joint-stock association, or a limited partnership that is a party

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to a merger or a holder of a share of stock or other evidence of financial or beneficial interest therein. (b) Subject to the limitations set forth in Code Section 14-3-1102, one or more nonprofit corporations may merge into an entity if the plan of merger is approved as provided in Code Section 14-3-1103. (c) The plan of merger must set forth: (1) The name of each corporation and entity planning to merge and the name of the surviving corporation or entity into which each plans to merge; (2) The terms and conditions of the planned merger; and (3) The manner and basis, if any, of converting the memberships of each corporation and the shares, financial or beneficial interests, or units in each of the entities into shares, obligations, memberships, or other securities of the surviving or any other corporation or entity or into cash or other property in whole or in part. (d) The plan of merger may set forth: (1) Any amendments to the articles of incorporation, bylaws, or governing agreements of the surviving corporation or entity to be effected by the planned merger; and (2) Other provisions relating to the planned merger. SECTION 16. Said chapter is further amended by striking in their entirety subsections (a) and (c) of Code Section 14-3-1102, relating to approval of mergers, and inserting in lieu thereof the following: (a) Without the prior approval of the superior court in a proceeding of which the Attorney General has been given written notice, a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may merge with a domestic or foreign corporation or other entity, provided that: (1) The corporation or entity which is the surviving corporation or entity is a corporation or entity described in paragraph (2) of subsection (a) in Code Section 14-3-1302 after the merger; or (2) (A) On or prior to the effective date of the merger, assets with a value equal to the greater of the fair market value of the net tangible and intangible assets (including good will) of the corporation or the fair market value of the corporation if it were to be operated as a business concern are transferred or conveyed to one or more persons who would have received its assets under subsection (b) of Code Section 14-3-1403 had it dissolved;

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(B) It shall return, transfer, or convey any assets held by it upon condition requiring return, transfer, or conveyance, which condition occurs by reason of the merger, in accordance with such condition; and (C) The merger is approved by a majority of directors of the corporation who are not and will not become members or shareholders in or officers, employees, agents, or consultants of the surviving corporation or entity. (c) Without the prior approval of the superior court in a proceeding in which the Attorney General has been given notice, no member of a corporation described in paragraph (2) of subsection (a) of Code Section 14-3-1302 may receive or keep anything as a result of a merger other than membership in the surviving corporation or entity. The court shall approve the transaction if it is in the public interest. SECTION 17. Said chapter is further amended by striking in its entirety Code Section 14-3-1104, relating to articles of merger and publication of notice of merger, and inserting in lieu thereof the following: 14-3-1104. (a) After a plan of merger is approved by the board of directors, and, if required by Code Section 14-3-1103, by the members and any other persons, the surviving or acquiring corporation or entity shall deliver to the Secretary of State articles of merger setting forth: (1) The plan of merger; (2) If approval of members was not required, a statement to that effect and a statement that the plan was approved by a sufficient vote of the board of directors; (3) If approval by members was required: (A) The designation, number of memberships outstanding, number of votes entitled to be cast by each class entitled to vote separately on the plan, and number of votes of each class indisputably voting on the plan; and (B) Either the total number of votes cast for and against the plan by each class entitled to vote separately on the plan or the total number of undisputed votes cast for the plan by each class and a statement that the number cast for the plan by each class was sufficient for approval by that class; (4) If approval of the plan by some person or persons other than the members or the board is required pursuant to paragraph (3) of

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subsection (a) of Code Section 14-3-1103, a statement that the approval was obtained; and (5) The merging corporation or entity shall deliver the articles of merger to the Secretary of State for filing in substantially the same manner as provided in its governing agreements and in compliance with any applicable laws applying to domestic entities, or, in the absence of such requirements, in substantially the same manner as provided in Code Section 14-2-1105 and shall comply with the provisions of Code Section 14-2-1105.1, except that the notice to the publisher of the newspaper shall be in substantially the following form: `NOTICE OF MERGER Notice is given that articles or a certificate of merger by and between __________ (name and state of incorporation or organization of each of the constituent corporations or entities) will be delivered to the Secretary of State for filing in accordance with the Georgia Nonprofit Corporation Code. The name of the surviving corporation (or other entity) in the merger will be __________, a corporation (or other entity) incorporated (organized pursuant to the laws of) in the State of __________. The registered office of such corporation (name of type of entity) (is) (will be) located at __________ (address of registered office) and its registered (agent) (agents) at such address (is) (are) __________ (name or names of agent or agents).' (b) In lieu of filing articles of merger that set forth the plan of merger, the surviving or acquiring corporation or entity may file a certificate of merger which sets forth: (1) The name and state of incorporation of each corporation or entity which is merging and the name of the surviving corporation or entity into which each other corporation or entity is merging; (2) Any amendments to the articles of incorporation or governing agreements of the surviving corporation or entity; (3) That the executed plan of merger is on file at the principal place of business of the surviving corporation or entity, stating the address thereof; (4) That a copy of the plan of merger will be furnished by the surviving corporation or entity, on request and without cost, to any shareholder of any corporation or entity that is a party to the merger; (5) If shareholder approval was not required, a statement to that effect; and

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(6) If approval of the shareholders of one or more corporations or entities party to the merger was required, a statement that the merger was duly approved by the shareholders. (c) Unless a delayed effective date is specified, a merger takes effect when the articles or certificate of merger is filed. SECTION 18. Said chapter is further amended by striking in its entirety Code Section 14-3-1105, relating to the effect of mergers, and inserting in lieu thereof the following: 14-3-1105. When a merger takes effect: (1) Every other corporation or entity party to the merger merges into the surviving corporation or entity and the separate existence of every corporation except the surviving corporation or entity ceases; (2) The title to all real estate and other property owned by each corporation or entity party to the merger is vested in the surviving corporation or entity without reversion or impairment subject to any and all conditions to which the property was subject prior to the merger; (3) The surviving corporation or entity has all liabilities and obligations of each corporation or entity party to the merger; (4) A proceeding pending against any corporation or entity party to the merger may be continued as if the merger did not occur or the surviving corporation or entity may be substituted in the proceeding for the corporation or entity whose existence ceased; and (5) The articles of incorporation and bylaws of the surviving corporation or entity are amended to the extent provided in the plan of merger. SECTION 18.1. Said chapter is further amended by striking subsection (a) of Code Section 14-3-1422, relating to reinstatement following administrative dissolution, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement. The application must: (1) Recite the name of the corporation and the effective date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated;

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(3) State that the name by which the corporation will be known after reinstatement satisfies the requirements of Code Section 14-3-401; (4) Contain a statement by the corporation reciting that all taxes owed by the corporation have been paid; and (5) Be accompanied by an amount equal to the total annual registration fees and penalties that would have been payable during the periods between dissolution and reinstatement, plus the fee required for the application for reinstatement, and any other fees and penalties payable for earlier periods. SECTION 19. Notwithstanding the provisions of Code Section 1-3-4.1, Sections 1, 11.1, 12, and 18.1 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 24, 1997. WALTER L. DASHER MEMORIAL BRIDGE DESIGNATED. No. 15 (Senate Resolution No. 88). A RESOLUTION Designating the Walter L. Dasher Memorial Bridge; and for other purposes. WHEREAS, Walter L. Dasher was a prominent citizen of Tattnall County, Georgia, who contributed substantially to the quality of life in his native community; and WHEREAS, he lived from 1911 to 1970 and was one of the foremost businessmen in the county; and WHEREAS, he was a pioneer in the Vidalia sweet onion industry, and his farm remains one of the largest family farming operations in the state; and WHEREAS, in addition to his significant agribusiness success, he was an influential civic leader and served with the utmost dedication as a member of the Board of Commissioners of Tattnall County from 1961 through 1964; and

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WHEREAS, it is most fitting and appropriate that his outstanding service to his community be recognized and honored. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge by which State Route 144 crosses Beard's Creek at the Tattnall County/Long County line be named the Walter L. Dasher Memorial Bridge. BE IT FURTHER RESOLVED that the commissioner of transportation is directed to place and maintain appropriate markers designating the bridge in accordance with this resolution. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the commissioner of transportation and to the family of Walter L. Dasher. Approved April 29, 1997. STATE PROPERTY CONVEYANCE TO THE MILLEDGEVILLE-BALDWIN COUNTY DEVELOPMENT AUTHORITY. No. 16 (Senate Resolution No. 143). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Baldwin County, Georgia; authorizing the lease of certain state owned real property in Baldwin County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of two certain tracts of real property located in Baldwin County, Georgia, hereinafter described; and WHEREAS, pursuant to Resolution Act 16 (H.R. No. 66-230, Ga. L. 1979, p. 575), enacted by the General Assembly at the 1979 regular session, Baldwin County currently leases approximately 650 acres of state owned property in Baldwin County for recreational purposes for a consideration of $250.00 per year; and WHEREAS, the above-described lease was effective August 7, 1979, and expires July 25, 2021; and WHEREAS, the Milledgeville-Baldwin County Development Authority is desirous of acquiring approximately 400 acres of the above-described leased property for industrial development purposes as described and marked in green on a drawing dated January 28, 1997, on file in the offices of the State Properties Commission and shall be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; and

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WHEREAS, Resolution Act 77 (S.R. No. 457, Ga. L. 1996, p. 1429), enacted by the General Assembly at the 1996 regular session, authorized the sale to the Milledgeville-Baldwin County Development Authority of approximately 141 acres of state owned property in Baldwin County for the fair market value thereof; and WHEREAS, Baldwin County is desirous of leasing, under the same terms and conditions as the previously described leased 650 acre tract, the above-described 141 acre tract, in addition to approximately 429 acres of adjoining state owned property as described and marked in yellow on a drawing on file in the offices of the State Properties Commission, and shall be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. 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 400 acre tract of real property shall be conveyed by appropriate instrument to the Milledgeville-Baldwin County Development Authority by the State of Georgia, acting by and through the State Properties Commission, for a consideration of the fair market value thereof less the fair market value of harvestable timber on such property as of the date of the execution of the instrument and conditioned on the Milledgeville-Baldwin County Development Authority agreeing to expend the proceeds from the harvesting of any such timber on such property solely for the purposes of industrial development on such property and agreeing that if such proceeds from the sale of such timber are not expended solely for the purposes of industrial development on such property, such proceeds shall be paid to the State Properties Commission to be deposited into the state treasury, and for 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 above-described 141 acre tract of real property, in addition to approximately 429 acres of adjoining state owned property, shall be leased to Baldwin County with the following conditions: (1) The consideration for said lease shall be $250.00 per year; (2) The subject property shall be utilized by Baldwin County for recreational purposes only;

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(3) The term of said lease shall expire July 25, 2021; (4) Baldwin County shall relinquish its leasehold interest in the above-described 400 acre tract under that certain lease between the State of Georgia and Baldwin County dated August 7, 1979, prior to the conveyance to the Milledgeville-Baldwin County Development Authority as described in Section 2 of this resolution; and (5) Any harvesting of timber on the leased property shall be first approved by the Georgia Forestry Commission, and all proceeds derived from said harvesting shall be remitted to said commission. SECTION 4. That the authorization in this resolution to convey and lease the above-described properties to the Milledgeville-Baldwin County Development Authority and Baldwin County, respectively, 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 and leasing. SECTION 6. That the deed of conveyance and lease agreement shall be recorded by the grantee in the Superior Court of Baldwin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 7. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 29, 1997. STATE PROPERTY EASEMENTS TO H/S MACLO, LLC, CARLTON COMPANY, CENTRAL GEORGIA ELECTRIC MEMBERSHIP CORPORATION, GEORGIA TRANSMISSION CORPORATION, AND ATT CORPORATION. No. 17 (Senate Resolution No. 165). A RESOLUTION Authorizing the granting of nonexclusive easements for operation and maintenance of water lines, drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Bibb, Dougherty, Jasper, Macon, and Ware counties, Georgia; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is the owner of certain real property located in Bibb, Dougherty, Jasper, Macon, and Ware counties, Georgia; and WHEREAS, H/S MACLO, LLC; Carlton Company; Central Georgia Electrical MembershipCorporation; Georgia Transmission Corporation; and ATT Corporation desire to operate and maintain drainage pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through a portion of said property; and WHEREAS, these water lines drainage, pipelines, electrical distribution lines, and telecommunications facilities in, on, over, under, upon, across, or through the hereinafter described state property have been approved by the Department of Natural Resources, Department of Technical and Adult Education, and Department of Corrections with respect to property under the jurisdiction of their respective departments. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the hereinafter described real property in Bibb 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 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to H/S MACLO, LLC, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of water 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 water 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 on the Campus of Macon Technical Institute in Bibb County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a drawing prepared by Tribble and Richardson, Inc., shown as sheet 5 of 18 Project No. 2756-010-01 dated January, 1997, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval.

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SECTION 3. That the above described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said water lines. SECTION 4. That H/S MACLO, LLC, shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said water lines. SECTION 5. That, after H/S MACLO, LLC, has put into use the water 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, H/S MACLO, LLC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to H/S MACLO, LLC, and, except as herein specifically granted to H/S MACLO, LLC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to H/S MACLO, LLC. 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, H/S MACLO, LLC, shall remove or relocate its facilities at its sole cost and expense. SECTION 8. That the easement granted to H/S MACLO, LLC, shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted.

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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 Bibb 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 H/S MACLO, LLC, 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 Dougherty 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 Carlton Company, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of drainage pipelines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating drainage pipelines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located on the Campus of Albany Technical Institute in Dougherty County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a drawing prepared by Carlton Company entitled Plat showing proposed storm drainage easement on property of Albany Technical Institute, and on file in the offices of the State Properties Commission and may be more

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particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 15. That the above described premises shall be used solely for the purpose of planning, constructing, installing, maintaining, repairing, replacing, inspecting, and operating said drainage pipelines. SECTION 16. That Carlton 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 drainage pipelines. SECTION 17. That, after Carlton Company has put into use the drainage pipelines 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, Carlton 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 Carlton Company and, except as herein specifically granted to Carlton 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 Carlton 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, Carlton Company shall remove or relocate its facilities at its sole cost and expense. SECTION 20. That the easement granted to Carlton 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

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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 Dougherty 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 Carlton Company 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 Jasper 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 Central Georgia Electric Membership Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical distribution lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating electrical distribution lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Charles Elliott Wildlife Education Center in Jasper County, Georgia, and is more particularly described as follows:

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That portion and that portion only marked in red as shown on a drawing prepared by Central Georgia Electric Membership Corporation marked as EXHIBIT A of revocable license agreement, Real Property Record No. 8897, 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 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 electrical distribution lines. SECTION 28. That Central Georgia Electric Membership Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical distribution lines. SECTION 29. That, after Central Georgia Electric Membership Corporation has put into use the electrical distribution lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central Georgia Electric Membership Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 30. That no title shall be conveyed to Central Georgia Electric Membership Corporation, and, except as herein specifically granted to Central Georgia Electric Membership Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Central Georgia Electric Membership Corporation. SECTION 31. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated in order to avoid interference with the State's use or intended use of the easement area, Central Georgia Electric Membership Corporation shall remove or relocate its facilities at its sole cost and expense.

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SECTION 32. That the easement granted to Central Georgia Electric Membership Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 33. That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the 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 Jasper 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 Central Georgia Electric Membership Corporation shall expire three years after the date that this resolution becomes effective. SECTION 36. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 37. That the State of Georgia is the owner of the hereinafter described real property in Macon 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 Georgia Transmission Corporation, or its successors and assigns, a nonexclusive easement for the construction, operation, and maintenance of electrical transmission lines in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting,

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and operating electrical transmission lines, together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Land Lots 259, 260, and 269 of the 28th District of Macon County, Georgia, and is more particularly described as follows: That portion and that portion only as shown on a plat of survey prepared by Georgia Transmission Corporation entitled North Americus-Buckeye 115 kV Transmission Line, 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 lines. SECTION 40. That Georgia Transmission Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said electrical transmission lines. SECTION 41. That, after Georgia Transmission Corporation has put into use the electrical transmission lines for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Georgia Transmission Corporation or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facilities shall become the property of the State of Georgia, or its successors and assigns. SECTION 42. That no title shall be conveyed to Georgia Transmission Corporation, and, except as herein specifically granted to Georgia Transmission Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Transmission Corporation. 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

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easement area should be removed or relocated in order to avoid interference with the State's use or intended use of the easement area, Georgia Transmission Corporation shall remove or relocate its facilities at its sole cost and expense. SECTION 44. That the easement granted to Georgia Transmission Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 45. That the consideration for such easement shall be the fair market value but not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 46. That this grant of easement shall be recorded by the grantee in the Superior Court of Macon 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 Georgia Transmission Corporation 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 Ware 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 50. That the State of Georgia, acting by and through its State Properties Commission, may grant to ATT Corporation, or its successors and assigns,

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a nonexclusive easement for the construction, operation, and maintenance of telecommunications equipment facilities in, on, over, under, upon, across, or through the easement area for the purpose of constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating telecommunications equipment facilities 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 121 of Ware County, Georgia, and is more particularly described as follows: That portion and that portion only as shown in yellow on a plat of survey prepared by George T. White, Georgia Registered Land Surveyor No. 1929, dated June 18, 1996, and on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval. SECTION 51. That the above described premises shall be used solely for the purpose of planning, constructing, erecting, installing, maintaining, repairing, replacing, inspecting, and operating said telecommunications equipment facilities. SECTION 52. That ATT Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said telecommunications equipment facilities. SECTION 53. That, after ATT Corporation has put into use the telecommunications equipment facilities 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, ATT Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 54. That no title shall be conveyed to ATT Corporation, and, except as herein specifically granted to ATT Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to ATT Corporation.

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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, ATT Corporation shall remove or relocate its facilities at its sole cost and expense. SECTION 56. That the easement granted to ATT Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 57. 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 58. That this grant of easement shall be recorded by the grantee in the Superior Court of Ware 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 ATT Corporation 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 all laws and parts of laws in conflict with this resolution are repealed. Approved April 29, 1997.

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STATE PROPERTY STUDY OF BROOK RUN MENTAL RETARDATION INSTITUTION PROPERTY AUTHORIZED. No. 18 (Senate Resolution No. 167). A RESOLUTION Authorizing the study of certain state owned real property located in DeKalb 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 DeKalb County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in DeKalb County, Georgia, containing approximately 98.6 acres as described in accordance with that certain plat of survey prepared by James G. Swift, Georgia Registered Land Surveyor No. 1310, and R. H. Davis, Jr., Georgia Registered Land Surveyor No. 1230, dated December 17, 1963, 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 known as the Brook Run Mental Retardation Institution; and WHEREAS, the Department of Human Resources has recommended that the patients being housed at the above-mentioned Brook Run facility be transferred to community-based care programs or placed in other state facilities; and WHEREAS, the above-mentioned recommendation by the Department of Human Resources is predicated on the ability to serve the needs of more individuals at the same level of current funding; and WHEREAS, if the residents of Brook Run are relocated, the property may become surplus to the needs of the Department of Human Resources. 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 disposition of said real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. (a) That certain areas of the above-mentioned 98.6 acres are currently held in their natural state. These areas shall be designated as urban greenspace as they exist on the effective date of this resolution and shall

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be held in trust for the benefit of the present and future generations of the people of the State of Georgia in a natural and undeveloped state. The current natural area as well as those additional areas determined to be in the best interests of the state shall be maintained as urban greenspace, which use or uses are found to confer the best and most important benefit to the public. This urban greenspace shall not be less than 35 percent of the total 98.6 acres. (b) If the State Properties Commission determines that there may exist an imperative and unavoidable necessity for a use of the urban greenspace other than those above-mentioned uses, the State Properties Commission shall hold a public hearing thereon in DeKalb County as follows: (1) A brief summary of the proposed change shall be advertised in the legal organ of DeKalb County along with the date on which a public hearing shall be held to consider the proposed change in the urban greenspace. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (3) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications. (2) Any proposed changes to the boundaries of the urban greenspace shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (3) of this subsection in such a fashion as to be readily discernible on the ground by members of the public. (3) A public hearing shall be held no earlier than 15 days after the most recent publication of the notice required by paragraph (1) of this subsection in the legal organ of DeKalb County. (c) The State Properties Commission shall consider fully all testimony, both oral and written, relative to the proposed use of the urban greenspace and submit a recommendation to the General Assembly. The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other recommended use of the urban greenspace. (d) Neither the designation of a piece of property as a part of the urban greenspace nor any action taken by the State Properties Commission pursuant to subsection (c) of this section shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its inclusion within the urban greenspace. SECTION 3. That the State Properties Commission is authorized to conduct a study to determine the best utilization of the above-described property so as to be

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in the best interest of the State of Georgia. The commission will consider but not be limited to consider in its deliberations of the future use of the property: (1) Use of the property as an urban greenspace; (2) Transfer of custody of property to another state agency, department, or authority for alternative use; and (3) Disposal by lease, not to exceed 50 years, or conveyance to a public or private entity. SECTION 4. That the State Properties Commission will make a recommendation to the next convening General Assembly following the closure of the Brook Run facility of the finding of the above-mentioned study, and the adoption of this resolution by the General Assembly shall not be construed as authorizing the State Properties Commission to sell, lease, or otherwise convey the property without the adoption of a proper conveyance resolution by the General Assembly. SECTION 5. That the State Properties Commission is authorized to contract with a public or private consultant to assist in the determination of the use or disposition of the property as being in the best interest of the State of Georgia. SECTION 6. All laws and parts of laws in conflict with this resolution are repealed. Approved April 29, 1997. STATE PROPERTY CONVEYANCE BY THE STONE MOUNTAIN MEMORIAL ASSOCIATION. No. 19 (Senate Resolution No. 213). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Gwinnett County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS, the Stone Mountain Memorial Association is the owner of two certain parcels of real property or property interests located in Gwinnett County, Georgia; and WHEREAS, said real properties are all those tracts or parcels of land lying and being in Land Lots 59 and 60 of the 6th District of Gwinnett County,

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Georgia, consisting of Tract B and Tract D containing 1.479 acres and 1.126 acres, respectively, as shown on a plat of survey prepared by O. Eugene Kay, Georgia Registered Land Surveyor No. 1943, dated March 5, 1996, on file in the offices of the Stone Mountain Memorial Association, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the Stone Mountain Memorial Association for approval; and WHEREAS, the Stone Mountain Memorial Association has determined that the above-described properties are no longer needed and are, therefore, surplus to its needs. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the Stone Mountain Memorial Association 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 Stone Mountain Memorial Association. SECTION 2. That the above-described parcels may be sold for a consideration of not less than the fair market value or exchanged for other properties of equal value as determined by the Stone Mountain Memorial Association to be in the best interest of the State of Georgia and such further consideration and provisions as the Stone Mountain Memorial Association shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 3. That the Stone Mountain Memorial Association is authorized and empowered to do all acts and things necessary and proper to effect such sale or exchange. SECTION 4. That the deeds of conveyance shall be recorded by the grantee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 5. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 29, 1997.

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LOVELL-WIKLE SCENIC HIGHWAY AND LAUREN BUBBA MCDONALD PARKWAY DESIGNATED. No. 20 (Senate Resolution No. 214). A RESOLUTION Designating the Lovell-Wikle Scenic Highway; honoring Lauren Bubba McDonald and designating the Commerce By-Pass as the Lauren `Bubba' McDonald Parkway and designating the Woodstock Centennial Interchange; and for other purposes. PART I WHEREAS, William Arthur Wikle was a native and lifelong resident of the Batesville community of Habersham County, Georgia, where he and his wife, Lela Smith Wikle, raised their five children; and WHEREAS, he was a prominent merchant and cattleman who especially valued good roads and used his political influence to successfully obtain paved roads for his community; and WHEREAS, Virgil L. Lovell, Sr., was born in the northeast Georgia mountains and established his home in the Batesville community of Habersham County, Georgia, where he and his wife, Lillie, raised their ten children, Black Angus cattle, chickens, and corn; and WHEREAS, when the State of Georgia implemented plans in the late 1950's and early 1960's to build a highway from Batesville to Robertstown, Virgil Lovell and Arthur Wikle were the two largest landowners along the proposed route in Habersham County; and WHEREAS, both of them generously donated the necessary rights of way through their properties to enable the highway to be built; and WHEREAS, December 6, 1997, marks the 100 year anniversary of the City of Woodstock; and WHEREAS, area merchants, churches, schools, civic groups, and residents of Woodstock, Cherokee County, and around the beautiful State of Georgia, will join us throughout 1997 to celebrate the history of Woodstock; and WHEREAS, to commemorate the 100 year anniversary of the City of Woodstock, Exit 4 at the intersection of the Phil Landrum Highway, also known as Interstate 575 and State Highway 92 should be designated as Woodstock Centennial Interchange. PART II WHEREAS, Lauren Bubba McDonald has long been a leader in his community and in this state, working to improve the way of life of all citizens; and

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WHEREAS, as a respected and universally liked leader of the Georgia House of Representatives, he sponsored numerous bills designed to improve education, health care, human services, and equal opportunity in Georgia; he worked to strengthen law enforcement and the court system to reduce crime; he fought to protect the environment and ecology; and he sponsored a resolution creating the Small Business Development Center at the University of Georgia which has been used as a model nationwide; and WHEREAS, as chairman of the House Appropriations Committee from 1983 through 1990, he applied his experience as a small businessman who must make a weekly payroll to state appropriations, ensuring that the state's money was wisely spent and emphasizing accountability and fiscal responsibility; and WHEREAS, a community leader, he has put in countless hours performing volunteer work; he is a member of the 1972 charter class of Leadership Georgia; he has been Chief of the Commerce Volunteer Fire Department; he was elected in December, 1990, as president of Georgians for Better Transportation; he serves on committees at the University of Georgia and Georgia Institute of Technology, and he serves on the Board of Governors at Mercer Medical School. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 356 from State 197 in Habersham County to the White County line is designated as the Lovell-Wikle Scenic Highway in honor of Virgil L. Lovell and William Arthur Wikle. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to provide and maintain appropriate signs designating the Lovell-Wikle Scenic Highway. BE IT FURTHER RESOLVED that this body commends Lauren Bubba McDonald for his many accomplishments and achievements and for his service to his community and state. BE IT FURTHER RESOLVED that the section of Highway 441 that bypasses the City of Commerce, Georgia, known as the Commerce By-Pass, is designated as the Lauren `Bubba' McDonald Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the parkway and the Woodstock Centennial Interchange. BE IT FURTHER RESOLVED that the following described interchange is designated the Woodstock Centennial Interchange: Exit 4 at the intersection of the Phil Landrum Highway, also known as Interstate 575 and State Highway 92.

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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 and to the families of the late William A. Wikle and the late Virgil L. Lovell, Sr., and an appropriate copy of this resolution to Lauren Bubba McDonald. Approved April 29, 1997. HAROLD S. WIILINGHAM HIGHWAY DESIGNATED. No. 21 (Senate Resolution No. 236). A RESOLUTION Recognizing Harold S. Willingham and designating a portion of the South Marietta Loop in his honor; and for other purposes. WHEREAS, Harold S. Willingham is well known and highly respected by the citizens of Marietta, Georgia, where he has been an influential businessman, attorney, former state senator, and a friend of the governor and of the President of the United States; and WHEREAS, he is regarded by local leaders as a man of unparalleled vision who was instrumental in establishing Kennesaw College and nurturing its development from college to university status and in relocating Southern Polytechnic State University from Chamblee to Marietta; and WHEREAS, he fathered the establishment of the Cobb-Marietta Water and Sewer Authority and recognized the critical need for restructuring these facilities to meet the growing demands of business and residential customers; and WHEREAS, he was an essential figure in the local effort to secure funding for the widening of I-75 through Cobb County; and his experience, talent, and negotiating skills forged other significant community developments through the years; and WHEREAS, it is most appropriate that the exemplary public service of Harold S. Willingham be recognized and honored by his community and his state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body recognize the outstanding public service of Harold S. Willingham and designate the portion of Georgia Highway 120 known as the South Marietta Loop that runs from Atlanta Street to I-75 in honor of Harold S. Willingham. This designation shall honor Mr. Willingham but not rename the 120 Loop. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating that portion of Georgia Highway 120.

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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 and to Harold S. Willingham. Approved April 29, 1997. COOGAN RAY BLEODOW MEMORIAL BRIDGE, HARVEY R. GREENE BRIDGE, AND VETERANS MEMORIAL HIGHWAY DESIGNATED. No. 22 (Senate Resolution No. 244). A RESOLUTION Designating the Coogan Ray Bleodow Memorial Bridge and the Harvey R. Greene Bridge, and the Veterans Memorial Highway; and for other purposes. PART I WHEREAS, Coogan Ray Bleodow attended Mableton Elementary School, where he was a star basketball player; and WHEREAS, he was an outstanding halfback for the South Cobb Vipers, the South Cobb Blue Angels, and the Pebblebrook High School Falcons; and WHEREAS, he was a devoted member of St. Luke's United Methodist Church; and WHEREAS, he was a friend to hundreds of young people throughout Cobb County and he touched the lives of countless individuals, to whom he will always be remembered with love, respect, and affection; and WHEREAS, Coogie, as he was known to his many friends, passed away on March 25, 1967; and WHEREAS, since he served as a bridge to bring many people together, it is only fitting and proper that a bridge be dedicated in his memory on the occasion of the thirtieth anniversary of his death. PART II WHEREAS, Harvey R. Greene provided valuable leadership as an energetic, progressive mayor of Thomaston, Georgia, from 1958 through 1963; and WHEREAS, Mayor Greene's accomplishments in office were many, including fluoridation of the city water system, initiating the city manager type of government, modernizing the police department, and improving management of the city's funds; and WHEREAS, The Free Press commented that Mayor Greene ran the City of Thomaston like a seasoned sea captain runs a taut ship; and

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WHEREAS, his vision and hard work led him to success in business, as he became the largest independent liquid propane gas dealer in the United States; and WHEREAS, he and his wife Antoinette Hardage Greene raised a fine family of three sons and a daughter; and WHEREAS, his generosity was outstanding, including a gift of approximately 1,000 acres to the First Baptist Church of Thomaston, a gift of a shopping center to Piedmont Hospital in Atlanta, and the donation of his entire salary as mayor to many charitable efforts reaching families in time of need and other worthwhile community endeavors; and WHEREAS, his many friends and beneficiaries have missed his energy, dedication, kindness, and generosity since his passing from this life in 1979. PART III NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the U.S. Highway 78 bridge entering Cobb County over the Chattahoochee River is designated the Coogan Ray Bleodow Memorial Bridge. BE IT FURTHER RESOLVED that the bridge over Tobler Creek on US 19 approximately 6 miles south of Thomaston is designated the Harvey R. Greene Bridge. BE IT FURTHER RESOLVED that U.S. Highway 78, formerly known as Bankhead Highway, will be renamed from the Chattahoochee River in Cobb County west to the Douglas County line the Veterans Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating such bridges and such highway. Approved April 29, 1997. THOMAS KIRKLAND BRIDGE DESIGNATED. No. 23 (Senate Resolution No. 253). A RESOLUTION Designating the Thomas Kirkland Bridge; and for other purposes. WHEREAS, Thomas Kirkland was born in Coffee County, Georgia, on February 16, 1921, the son of Leon Kirkland and Lillie Vickers Kirkland, and the brother of Vickers Kirkland and Mary Kirkland Arnett; and

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WHEREAS, he was an excellent and diversified athlete in high school, and graduated from Nicholls High School in Nicholls, Georgia; and WHEREAS, he hoped to serve his community as a medical doctor; and WHEREAS, he answered his country's call to duty, entering the United States Navy in June, 1942; and WHEREAS, upon completion of basic training, he was assigned to the USS Strong Destroyer in the South Pacific; and WHEREAS, during July, 1943, the USS Strong Destroyer took torpedoes in the bay quarters, and sank rapidly; and WHEREAS, very few of the crew of USS Strong Destroyer survived, and Thomas Kirkland was reported missing in action; and WHEREAS, his family was notified that he was presumed dead in August, 1945; and WHEREAS, he gave his life in the defense of freedom. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body designate Bell Lake Bridge, located on Highway 158 east in Coffee County as the Thomas Kirkland Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the Thomas Kirkland Bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the family of Thomas Kirkland. Approved April 29, 1997. WILLIAM THOMAS OVERBY MEMORIAL PARKWAY AND BUDDY REDDICK PARKWAY DESIGNATED. No. 24 (Senate Resolution No. 260). A RESOLUTION Designating the William Thomas Overby Memorial Parkway and the Buddy Reddick Parkway; and for other purposes. PART I. WHEREAS, William Thomas Overby was born in Brunswick County, Virginia, around 1840, the third child of William and Martha Overby, who were among the first families to settle in Coweta County, Georgia; and

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WHEREAS, he volunteered for the 7th Georgia Infantry of the Confederate States of America, called the Coweta Guards, and was wounded in the Second Battle of Manassas; and WHEREAS, he later joined the 43rd Battalion, Company D, Virginia Calvary, also called Moseby's Rangers; and WHEREAS, he was captured by Union troops in Fort Royal, Virginia, and hanged without a trial; and WHEREAS, originally buried on a private farm in Markman, Virginia, he was respectfully exhumed in December, 1996, and returned home to Coweta County, Georgia, and was reinterred in January, 1997, among the Confederate graves of Oakhill Cemetery in Newnan, Georgia; and WHEREAS, he was the only Georgian who received the Confederate Medal of Honor. PART II WHEREAS, Harry Cleveland Buddy Reddick lived a life that touched so many people from September 19, 1950, when he was born in Peach County, Georgia, to the sad day of his death in the town that loved him, Fort Valley, on March 31, 1996; and WHEREAS, Mr. Reddick attended Georgia Southern University and later Georgia Southwestern where he earned a degree in business administration and met his lovely wife, Becky; and WHEREAS, Mr. Reddick owned Reddick Hardware in Fort Valley, was past president of the Kiwanis Club and of the Peach County Chamber of Commerce, was past president of the Community Unity Group, past chairman of the Development Authority, and involved in Sunday School and coaching little league football; and WHEREAS, Buddy received the Durwood Gassett Award in 1996 for his accomplishments; and WHEREAS, the list of his public accomplishments and civic contributions is certainly long, but Buddy's major contributions were as a friend to anybody who knew him. Buddy was unforgettable because he loved his community and all those in it; and WHEREAS, on this the one-year anniversary of the month of Buddy's death, it is only fitting and proper that a beautiful stretch of road in the community dear to his heart be honored with his name. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body designate that portion of Georgia Highway 154 from Sharpsburg to the intersection of Georgia Highway 154 with U.S. Highway 29 as the William Thomas Overby Memorial Parkway, in honor of

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William Thomas Overby, courageous and distinguished Confederate soldier. BE IT FURTHER RESOLVED that the members of this body designate the bypass around the City of Fort Valley from Georgia Highway 49 North to U.S. Highway 341 as the Buddy Reddick Parkway to honor this great man. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the William Thomas Overby Memorial Parkway and the Buddy Reddick Parkway. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to deliver a copy of this resolution to Mrs. Becky Reddick. Approved April 29, 1997. L. G. LANDERS MEMORIAL BRIDGE AND WENDY BAGWELL PARKWAY DESIGNATED. No. 25 (Senate Resolution No. 304). A RESOLUTION Honoring the late L.G. Landers and designating the bridge separating Austell Road and Maxim Road (State Route 5) in the City of Austell as the L.G. Landers Memorial Bridge; honoring the late Wendell Lee Bagwell and designating a portion of U.S. 278 in Paulding County the Wendy Bagwell Parkway; and for other purposes. WHEREAS, L.G. Landers was a beloved resident of Cobb County; and WHEREAS, L.G. Landers, through his commitment to honesty, his love of his community and the State of Georgia, and his devotion to his friends and family endeared himself to every citizen of Cobb County; and WHEREAS, L.G. Landers, on his passing, was mourned and remembered by Cobb County as one of the noblest citizens and leaders in the county's history. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their appreciation of the late L.G. Landers for his lifetime of service to his community and to the State of Georgia. BE IT FURTHER RESOLVED that the bridge separating Austell Road and Maxim Road (State Route 5) in the City of Austell is designated as the L.G. Landers Memorial Bridge, and that the portion of U.S. 278 in Paulding County is designated as the Wendy Bagwell Parkway.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridge and the parkway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the families of the late L.G. Landers and the late Wendell Bagwell. Approved April 29, 1997. WALTER H. BUCE MEMORIAL BRIDGE AND SEGAL DURRENCE MEMORIAL BRIDGE DESIGNATED. No. 26 (Senate Resolution No. 305). A RESOLUTION Honoring the late Walter H. Buce and designating the bridge carrying Mableton Parkway (State Route 139) over the Chattahoochee River at the Cobb County-Fulton County line as the Walter H. Buce Memorial Bridge; honoring the late Segal Durrence and designating the bridge across Thomas Creek on State Route 57 South between Reidsville and Glennville as the Segal Durrence Memorial Bridge; and for other purposes. WHEREAS, Walter H. Buce was a beloved resident of Cobb County; and WHEREAS, Walter H. Buce, through his commitment to honesty, his love of his community and the State of Georgia, and his devotion to his friends and family endeared himself to every citizen of Cobb County; and WHEREAS, Walter H. Buce on his passing was mourned and remembered by Cobb County as one of the noblest citizens and leaders in the county's history. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their appreciation of the late Walter H. Buce for his lifetime of service to his community and to the State of Georgia. BE IT FURTHER RESOLVED that the bridge carrying Mableton Parkway (State Route 139) over the Chattahoochee River at the Cobb County-Fulton County line is designated as the Walter H. Buce Memorial Bridge, and the bridge across Thomas Creek on State Route 57 South between Reidsville and Glennville is designated as the Segal Durrence Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the bridges.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the families of the late Walter H. Buce and the late Segal Durrence. Approved April 29, 1997. MARTIN LUTHER KING, JR., MEMORIAL HIGHWAY DESIGNATED. No. 27 (Senate Resolution No. 63). A RESOLUTION Designating a portion of Georgia Highway 120 Loop as the Martin Luther King, Jr., Memorial Highway; and for other purposes. WHEREAS, Martin Luther King, Jr., was a great American whose legacy is an inspiration to all who dream for a better America; and WHEREAS, the memory of Martin Luther King, Jr., has been honored in communities across the nation by the naming of streets, parks, and other public facilities after him; and WHEREAS, it is only fitting and proper that Martin Luther King, Jr., be likewise honored in this state by designating a portion of Georgia Highway 120 Loop in the vicinity of the City of Marietta in honor of him while retaining and not changing the name of the street known as the North Marietta Parkway. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that, while retaining and not changing the name of the street known as the North Marietta Parkway, the portion of Georgia Highway 120 Loop, known as the North Marietta Parkway, from I-75 west to Cherokee Street in the City of Marietta is dedicated as the Martin Luther King, Jr., Memorial Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the 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 29, 1997.

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JOINT DRIVER'S EDUCATION STUDY COMMITTEE AND JOINT GEORGIA TRANSPORTATION STUDY COMMITTEE CREATION. No. 28 (Senate Resolution No. 72). A RESOLUTION Creating the Joint Driver's Education Study Committee; creating the Joint Georgia Transportation Study Committee; and for other purposes. PART 1 WHEREAS, driver's education and safety is vitally important to the overall safety of the citizens of the State of Georgia; and WHEREAS, the training of young people as drivers is one of the most important ways in which government can influence driver safety; and WHEREAS, there exists a need for a thorough and comprehensive study of steps to improve the education of young drivers through the reintroduction and implementation of driver's education programs in Georgia schools. PART 2 WHEREAS, the General Assembly recognizes that the health and general welfare of a society depend upon a safe, efficient, economical, and accessible transportation network for all citizens utilizing various modes of travel within the state; and WHEREAS, the federal government is currently in the process of developing programs and policies which will impact, guide, and affect the federal expenditure of well over $174 billion for nation-wide surface transportation programs over the next six-year period through the enactment of the reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991; and WHEREAS, this federal legislation will have an immense impact on the future of transportation for the citizens of Georgia; and WHEREAS, the competing concerns of business, industry, and the public throughout the state need to be included in any dialogue for future development, enhancement, and continued improvement of the roads, bridges, and other public transportation facilities within the state to ensure that an appropriate balance is achieved among such competing concerns; and WHEREAS, there is a need for a comprehensive study and review of the public policy objectives which will enhance the transportation opportunities for all modes of travel within the state with special emphasis in developing a safe and efficient state-wide transportation system.

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PART 3 NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Driver's Education Study Committee, to be composed of three members of the Senate appointed by the President of the Senate and three members of the House of Representatives appointed by the Speaker of the House of Representatives. The President of the Senate and the Speaker of the House shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned in Part 1 of this resolution 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 Part 1 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 the 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 31, 1997. The committee shall stand abolished on December 31, 1997. BE IT FURTHER RESOLVED that there is created the Joint Georgia Transportation Study Committee to be composed of 14 members as follows: seven members of the House of Representatives to be appointed by the Speaker of the House of Representatives and seven members of the Senate to be appointed by the President of the Senate. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as cochairpersons of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake the study of the conditions, needs, issues, and problems mentioned in Part 2 of this resolution or related thereto and recommend any actions or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings and public hearings 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 Part 2 of this resolution. The committee may request the provision of services for the purposes of this resolution by any officer, agency, or department of state government, and all officers, agencies, and

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departments of state government shall cooperate with the committee and provide services so requested to the maximum extent possible. BE IT FURTHER RESOLVED that the legislative 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 House of Representatives and the Senate. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 1997. The committee shall stand abolished on December 31, 1997. Approved April 29, 1997. JOINT GUARDIANSHIP REWRITE COMMITTEE RE-CREATION. No. 29 (Senate Resolution No. 73). A RESOLUTION Re-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 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; and WHEREAS, the Joint Guardianship Rewrite Committee, created in 1996 by Senate Resolution 399, recommended in its report several legislative actions and identified topics and issues for further discussion and study; and WHEREAS, the Joint Guardianship Rewrite Committee, cognizant of the many policy questions and technical problems remaining to be addressed as a part of its tasks, recommended re-creation of the committee in 1997. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is re-created the Joint Guardianship Rewrite Committee to be composed of 20 members. The President of the Senate

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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 committee is authorized to conduct two or more joint meetings with committees or sections of the State Bar of Georgia, including without limitation the fiduciary section. 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. An interim report of the committee's progress shall be made on or before December 1, 1997. The committee shall stand abolished on December 1, 1997. Approved April 29, 1997. GEORGIA LONG-TERM CARE STUDY COMMISSION CREATION. No. 30 (Senate Resolution No. 145). A RESOLUTION To create the Georgia Long-Term Care Study Commission; to provide for appointment, compensation, powers, and duties of the commission; to provide for a chairperson; to provide for staff; to provide for submission of the Georgia Long-Term Care Study Commission's findings regarding comprehensive, long-range plans to enable the state to prepare for future increased demands for long-term care; to provide for its abolishment; to repeal conflicting laws; and for other purposes.

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WHEREAS, the State of Georgia is in need of a comprehensive and coordinated strategic plan for meeting the long-term needs of the chronically ill and disabled citizens of the state; and WHEREAS, responsibility for efficient planning for these future needs is presently divided among a number of state agencies; and WHEREAS, it is in the best interest of the citizens of Georgia that the state's effort in the area of long-term care be guided by a master plan to assure that disabled and chronically ill citizens receive appropriate services in the most effective and efficient manner possible. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The Georgia Long-Term Care Study Commission is created. The members of the commission shall be as follows: (1) Eight members to be appointed by the Governor; (2) Eight members to be appointed by President of the Senate; and (3) Eight members to be appointed by Speaker of the House of Representatives. The total membership of the commission shall be 24 members. (b) To be eligible for appointment, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of two years prior to the time of appointment. Members appointed by the Governor, the President of the Senate, and the Speaker of the House shall represent, to the extent practicable, long-term care service providers, advocacy and advisory groups, recipients of long-term or chronic care, third party payors or insurers of long-term care, citizens at large, and members of the House of Representatives and Senate. (c) If a vacancy shall occur on said commission for any reason, the person making the original appointments shall, within 30 days of any such vacancy, appoint an individual to fill such vacancy. Notwithstanding the foregoing, any vacancy which occurs within 90 days prior to the submission of the findings and recommendations of the commission as provided in Section 4 of this Act need not be filled but may, at the option of the commission, be filled in its discretion.

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(d) Twelve members of the study commission shall constitute a quorum for the transaction of business. (e) The study commission may appoint advisory committees or subcommittees from among the general populace by a majority vote of its membership and the members of such advisory groups need not be residents of Georgia; provided, however, that the commission may not delegate any of the duties, powers, or obligations imposed upon the commission and granted to it by this Act to such advisory committees or subcommittees. Whether such committees are suggested by the chairperson or any study committee, the appointment must be ratified by a majority of a quorum of the commission. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the commission and shall serve as such subject to such terms, conditions, and charges as may be imposed upon it by the commission. Professional consultants on specific topics may be employed. SECTION 2. (a) All members of the commission shall be appointed by July 1, 1997. The Governor shall designate a member of the commission to serve as initial convener of the commission. The organizational meeting shall be held at the call of the convener. At the organizational meeting, the commission shall elect from its own membership a permanent chairperson and such other officers as it finds necessary or desirable. The commission may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The commission may meet at such times and places as may be necessary to carry out its duties. The commission shall not meet for more than five days unless additional days are authorized by the President of the Senate and the Speaker of the House of Representatives. All meetings of the commission shall be open to the public. (b) The members of the study commission shall not receive per diem or other compensation for their services, but the members shall be reimbursed for actual expenses incurred by them in carrying out their duties. Legislative members shall receive the expenses and allowances authorized for legislative members of interim legislative committees. Members of the commission who are employees of the state shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. The funds necessary for the reimbursement of the expenses of any state employee shall come from funds appropriated to or otherwise available to the respective department of that employee. All other funds necessary to carry out the provisions of this resolution shall come from the funds of the legislative branch of government. (c) The study commission is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business.

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(d) All public officials and employees of the State of Georgia upon request shall furnish the commission with all documents, books, records, data, and information necessary or appropriate in the opinion of the commission for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the commission as it shall request and shall also appear and give testimony, at the request of the commission, before the commission or before any of its committees, subcommittees, or advisory committees. Such testimony shall be under oath and recorded by a public stenographer if required by the commission or an appropriate subcommittee with the approval of the chairperson. SECTION 3. The General Assembly delegates its power to the study commission, and the commission shall be authorized to make a systematic study which shall include, but not be limited to, the following subjects: study of future service needs for long-term care; development of a strategic plan addressing those future service needs, including organizational delivery of state resources; determination of mechanisms to address those needs; and identification of incentives that would assist individuals and families to meet their long-term care needs. SECTION 4. The commission shall complete its study and submit its recommendations to the Governor and the General Assembly on or before July 1, 1999, and the commission shall stand abolished on such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. JOINT STUDY COMMITTEE ON THE PREVENTION AND TREATMENT OF SUBSTANCE ABUSE CREATION. No. 31 (Senate Resolution No. 232). A RESOLUTION Creating the Joint Study Committee on the Prevention and Treatment of Substance Abuse; and for other purposes. WHEREAS, substance abuse prevention and treatment are among the significant health care services provided by the Georgia Department of Human Resources; and WHEREAS, study after study from businesses and health insurers demonstrates high health care costs for untreated alcoholics and addicts for a

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wide area of addiction related physical illnesses, accidents, and injuries prior to addiction treatment; and WHEREAS, studies from businesses and health insurers show definite correlation of the high health care costs for family members of alcoholics and addicts prior to addiction services to the addicted person and prevention or early intervention services for the other family members; and WHEREAS, many of the family members of persons with untreated addictions with high health care costs will eventually shift to welfare, Medicaid, or medicare and the costs will shift to the Georgia taxpayer; and WHEREAS, the personal injury and property damage caused by DUI offenders present significant public safety and public health challenges to Georgia. Any efforts to increase the sobriety in this population will have a beneficial effect on the health of the offender and the safety of Georgia citizens; and WHEREAS, substance abuse prevention and treatment is essential to reducing the recidivism rate among DUI offenders and improving the overall public health and safety of Georgians; and WHEREAS, no thorough legislative study of this area has been undertaken in recent years. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on the Prevention and Treatment of Substance Abuse to be composed of the following: three members of the Senate to be appointed by the President of the Senate, three members of the House of Representatives to be appointed by the Speaker of the House of Representatives, and the following members to be appointed by the Governor: a physician who is a member of the Georgia Chapter of the American Society of Addiction Medicine, a certified addiction counselor, a hospital administrator with the National Association of Treatment Providers, a nationally accredited provider of treatment services, an adolescent treatment provider, a provider of state approved DUI services, a credentialed prevention professional, a representative of the D.A.R.E. program, a representative of the Department of Corrections and Pardons and Paroles, a representative of the Department of Human resources, a judge assigned to a drug court, and a member of the community at large, preferably a consumer family member. The President of the Senate and the Speaker of the House of Representatives shall each designate a member of the committee as cochairperson of the committee. The cochairpersons shall call all meetings of the committee. BE IT FURTHER RESOLVED that the Joint Study Committee on the Prevention and Treatment of Substance Abuse shall undertake a comprehensive study of the needs of the state with respect to the provision of

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substance abuse prevention and treatment services. Without limiting the generality of the foregoing, such study should specifically address the methods, facilities, and personnel necessary to meet such needs and the provision of such methods, facilities, and personnel from existing state resources or new sources or both. Such study should also specifically address the funding necessary to meet such needs and should include a plan for the provision of such funding, either through reallocation of existing funding or new funding or both. The committee shall be authorized by majority vote of its membership to expend funds available to the committee to engage the services of experts, consultants, and staff as determined by the committee to be needed for the purposes of its study. The committee may also request the provision of services for purposes of its study by any officer, agency, or department of state government, and all officers, agencies, and departments of state government shall cooperate with the committee and provide services so requested to the maximum extent possible. BE IT FURTHER RESOLVED that 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 members of interim legislative committees but shall receive the same for not more than five days unless additional days are authorized, except that any advisory member who is an employee of the executive branch of state government shall receive only his or her normal expense reimbursement from agency funds. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. The committee shall make a report of its findings and recommendations, with suggestions for proposed legislation, if any, on or before December 31, 1997. The committee shall stand abolished on December 31, 1997. Approved April 29, 1997. JOINT STUDY COMMITTEE ON COMPREHENSIVE REVISION OF THE ELECTION CODE CREATION. No. 32 (Senate Resolution No. 249). A RESOLUTION To create the Joint Study Committee on Comprehensive Revision of the Elections Code; to provide for appointment, compensation, powers, and duties of the committee; to provide for a chairperson; to provide for staff; to provide for submission of committee's findings regarding comprehensive revision of the elections code; to provide for its abolishment; and for other purposes.

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WHEREAS, the State of Georgia is in need of an overhaul of its elections code to update, modernize, and improve the conduct of elections in Georgia; and WHEREAS, recent approaches to election reform in Georgia have been fragmented and uncoordinated, failing to comprehensively and efficiently address the myriad of interconnected legal and policy questions involved in responsibly revising the many provisions of our elections laws; and WHEREAS, it is in the best interest of the citizens of Georgia that the state's effort in the area election reform be guided by a master plan to assure that reform is accomplished in the most effective and efficient manner possible. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The Joint Study Committee on Comprehensive Revision of the Elections Code is created. The members of the committee shall be as follows: (1) Six members to be appointed by President of the Senate from among the membership of the Senate; and (2) Six members to be appointed by Speaker of the House of Representatives from among the membership of the House of Representatives. The total membership of the committee shall be 12 members. (b) If a vacancy shall occur on said committee for any reason, the officer making the original appointments shall, within 30 days of any such vacancy, appoint a member to fill such vacancy. Notwithstanding the foregoing, any vacancy which occurs within 90 days prior to the submission of the findings and recommendations of the committee as provided in Section 4 of this Act need not be filled but may, at the option of the committee, be filled in its discretion. (c) Nine members of the study committee shall constitute a quorum for the transaction of business. (d) The committee may appoint advisory committees or subcommittees from among the general populace by a majority vote of its membership, and the members of such advisory groups need not be residents of Georgia; provided, however, that the committee may not delegate any of the duties, powers, or obligations imposed upon the committee and granted to it by this Act to such advisory committees or subcommittees. Whether such committees are suggested by the chairperson or any study committee, the appointment must be ratified by a majority of a quorum of the committee. Any such advisory committee or subcommittee so appointed shall serve at the discretion of the committee and shall serve as such subject to such terms, conditions, and charges as may be imposed

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upon it by the committee. Professional consultants on specific topics may be employed. SECTION 2. (a) All members of the committee shall be appointed by July 1, 1997. The President of the Senate shall designate a member of the committee to serve as initial chairperson of the committee. The organizational meeting shall be held at the call of the chairperson. At the organizational meeting, the committee shall elect from its own membership a permanent chairperson and such other officers as it finds necessary or desirable. The committee may adopt such rules or policies governing its operation and procedures as it finds necessary or desirable. The committee may meet at such times and places as may be necessary to carry out its duties. All meetings of the committee shall be open to the public. The Secretary of State, the Attorney General, and the Office of Legislative Council are authorized to provide the necessary staff to assist the committee in its study. (b) The members of the study committee shall meet for up to 10 days and receive the expenses and allowances authorized for legislative members of interim legislative committees. All other funds necessary to carry out the provisions of this resolution shall come from the funds available to the legislative branch. (c) The study committee is also authorized to solicit, receive, and expend contributions, grants, gifts, and other funds from other sources to be utilized by it in the conduct of its business. (d) All public officials and employees of the State of Georgia upon request shall furnish the committee with all documents, books, records, data, and information necessary or appropriate in the opinion of the committee for it to carry out its duties, except for information that is confidential or privileged by law, and shall furnish such other assistance and aid to the committee as it shall request and shall also appear and give testimony, at the request of the committee, before the committee or before any of its committees, subcommittees, or advisory committees. Such testimony shall be under oath and recorded by a public stenographer if required by the committee or an appropriate subcommittee with the approval of the chairperson. SECTION 3. The General Assembly delegates its power to the study committee, and the committee shall be authorized to make a systematic study which shall include, but not be limited to, the following subjects: comprehensive study of the need for comprehensive election law reform and mechanisms to address any such need; consideration of the possible specific changes in the structure of the elections code, including merger of the general and municipal elections codes; study of cost-saving and efficiency-promoting elections measures, including uniform statewide voting equipment; development

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of proposed legislation addressing the needs identified by the committee; determination of mechanisms to address those needs; and such other studies as will, in the judgment of the committee, promote efficient and effective elections reform. SECTION 4. The committee shall complete its study and submit its recommendations to the Governor and the General Assembly on or before January 1, 1998, and the committee shall stand abolished on such date. Approved April 29, 1997. RAIL TRANSPORTATION PASSENGER RAIL SERVICE STUDY BY GEORGIA RAIL PASSENGER AUTHORITY; MERGER OF ACQUISITION OF CONRAIL; CSX RAILROAD CROSSING IN MARIETTA. No. 33 (Senate Resolution No. 286). A RESOLUTION Directing the Georgia Rail Passenger Authority to undertake certain studies concerning passenger rail service; urging the Surface Transportation Board of the United States Department of Transportation to take account of the needs of the public in consideration of any merger or acquisition involving Conrail; urging CSX Railroad to reopen railroad crossings in Marietta; and for other purposes. PART I WHEREAS, the General Assembly is cognizant that the population and the economy of many Georgia communities have grown rapidly over recent years and are expected to continue to grow; and WHEREAS, this growth has brought an ever-increasing demand for intercity travel among the various communities and cities of Georgia, continued growth in commuter traffic in our metropolitan regions, and the rapidly expanding movement of goods throughout our state; and WHEREAS, this continued growth in travel has and will have substantial effects upon both the economic vitality of our state and the quality of life for our citizens, thus making critical the need for developing and implementing alternative transportation systems; and WHEREAS, it has become increasingly clear that providing sufficient highway capacity to handle increased travel demand and economic activity is constrained by high cost, physical limitations of available rights of way, and environmental considerations; and

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WHEREAS, there exists a unique opportunity to provide the impetus for developing new methods of travel for intercity travelers and commuters as a means of sustaining and enhancing the economy of Georgia and meeting the transportation needs of its growing population; and WHEREAS, intercity and commuter rail passenger service could significantly benefit the state by removing substantial automobile traffic from the highway system during periods of peak congestion with attendant reductions in automobile emissions and improvements in air quality; and WHEREAS, intercity and commuter rail passenger service also would benefit users by providing safe, economical, reliable, and pleasant business or pleasure travel that is competitive with automobile travel; and WHEREAS, high quality rail freight service is also vital to the future economic well-being and continued growth of the state; and WHEREAS, existing railroad rights of way already in place could accommodate rail passenger service for the benefit of the state's economy, and passenger and freight service within the same tracks and rights of way with expanded capacity can be made compatible; and WHEREAS, improved rail systems for moving both passengers and freight are in the economic best interest of the state and its citizens, including the railroads. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Georgia Rail Passenger Authority is authorized and directed to undertake appropriate studies and meetings with CSX Transportation and the Norfolk Southern Corporation that will provide essential information necessary for the implementation of passenger rail service, both commuter and intercity, that addresses the scheduling, needed track and signal improvements, and other related data, including financial needs. This study shall include an evaluation of the feasibility of intercity and communter rail service involving at a minimum the areas of Albany, Columbus, Macon, Savannah, Athens, Augusta, Atlanta, Rome, Dalton, Brunswick, Jesup, Statesboro, Gainesville, Waycross, Jacksonville, Fitzgerald, Bainbridge, Cairo, Thomasville, Valdosta, Lavonia, I-85 North Corridor, Summerville, and Chickamauga. The Georgia Rail Passenger Authority shall provide a report of its analysis, findings, and recommendations to the Rail Passenger Overview Committee on or before January 1, 1998. This is not meant to duplicate any study or work having been done by the Department of Transportation. PART II WHEREAS, the Consolidated Rail Corporation, an entity created by the United States government and financed at its inception by the people of the United States, is now subject to purchase by one or two other railroads; and

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WHEREAS, both of the potential purchasers, Norfolk Southern Corporation and CSX Corporation, are corporate citizens of this state and both have a large and healthy influence in Georgia, as well as a long and colorful history; and WHEREAS, rail transportation looms increasingly important in the economic and environmental future of the state and nation, offering, as it does, unequaled efficiencies in energy and land use, and the lowest impact on air quality of any mode of transportation; and WHEREAS, it is in the best interest of Georgia to support any Conrail acquisition plan which promotes the principles of balanced competition, in order for industries to have viable competitive rail service alternatives to and from markets which have heretofore been unavailable; and WHEREAS, any plan to acquire Conrail must have a relatively even balance of strength between two major railroads. A single dominant railroad in the Northeast is unacceptable; and WHEREAS, the Conrail acquisition plan should provide for competitive access through ownership of rail lines in lieu of trackage rights or some other track use arrangement; and WHEREAS, with the official demise of the Interstate Commerce Commission, its regulatory duties in regard to the purchase and merger of rail carriers have been shifted to the Surface Transportation Board of the United States Department of Transportation, which is empowered to impose competitive and public interest conditions on all such capital acquisitions; and WHEREAS, in recent months the CSX Corporation has sought to limit the use of certain of its lines by rail passenger service, including declining to entertain any proposal for temporary service between Atlanta and Athens during the Centennial Olympic Games in the summer of 1996, as well as closing an existing line in the State of Maryland and limiting service expansion in the Commonwealth of Virginia; and WHEREAS, Norfolk Southern Corporation has likewise indicated some reluctance to allow rail passenger service over certain of its rail lines. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge that the Surface Transportation Board of the United States Department of Transportation carefully consider the needs of the public in maintaining personal mobility, environmental quality, and the principles of balanced competition in its consideration of any merger or other acquisition of Conrail by any other rail carrier, taking particular care to assure the availability of those rail carriers' lines and corridors for the provision of rail passenger service and competitive freight service at a reasonable rate of return on their investment.

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PART III BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Georgia Rail Passenger Authority. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the Secretary of the Surface Transportation Board, Mr. Vernon A. Williams, STB Finance Docket No. 33286, 1201 Constitution Ave., N.W., Washington, D.C. 20423, and to CSX. Approved April 29, 1997. MR. ANDREW STEVEN JENKINS COMPENSATION. No. 34 (House Resolution No. 21). A RESOLUTION Compensating Mr. Andrew Steven Jenkins; and for other purposes. WHEREAS, on January 8, 1996, Mr. Andrew Steven Jenkins, a resident of Waleska, Georgia, was operating his 1994 Cutlass Supreme SL on Interstate 575 traveling south near Town Lake Parkway; and WHEREAS, a vehicle under the jurisdiction of the Department of Transportation was being operated in the same area scraping snow from the emergency lane of Interstate 575; and WHEREAS, as the automobile of Mr. Jenkins was approaching the Department of Transportation vehicle, the operator of such vehicle, without warning or the posting of any signs, dumped gravel onto the roadway striking and causing extensive damage to the passenger side of Mr. Jenkins automobile; and WHEREAS, Mr. Jenkins suffered unreimbursed property damage to his automobile in the amount of $250.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Jenkins, 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 $250.00 to Mr. Andrew Steven Jenkins 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 29, 1997.

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MS. DARLA J. ALFREDSON COMPENSATION. No. 35 (House Resolution No. 22). A RESOLUTION Compensating Ms. Darla J. Alfredson; and for other purposes. WHEREAS, on January 9, 1996, Ms. Darla J. Alfredson, a resident of Canton, Georgia, was traveling west in her 1996 Ford Explorer on State Highway 20 approximately 2.5 miles from Interstate 575 in Cherokee County; and WHEREAS, a vehicle under the jurisdiction of the Department of Transportation was traveling eastward on State Highway 20 spreading gravel from the left rear tailgate spreader; and WHEREAS, the Department of Transportation vehicle did not have a gravel shield and gravel dumped onto the roadway struck and caused extensive damage to the driver's side and windshield of Ms. Alfredson's vehicle; and WHEREAS, Ms. Alfredson suffered unreimbursed property damage to her vehicle in the amount of $250.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Alfredson, 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 Transportation is authorized and directed to pay the sum of $250.00 to Ms. Darla J. Alfredson 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 29, 1997. MS. JOAN SMITH COMPENSATION. No. 36 (House Resolution No. 43). A RESOLUTION Compensating Ms. Joan Smith; and for other purposes. WHEREAS, on January 8, 1996, Ms. Joan Smith, a resident of Covington, Georgia, was traveling westward in her 1991 F-150 Ford truck on State Highway 20 near the Ozora Road intersection in Gwinnett County; and WHEREAS, a vehicle under the jurisdiction of the Department of Transportation was traveling eastward on State Highway 20 spreading sand and salt upon the highway; and

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WHEREAS, the Department of Transportation vehicle did not have a sand shield and sand and salt dumped onto the roadway struck and caused extensive damage to the driver's side of Ms. Smith's vehicle; and WHEREAS, Ms. Smith suffered unreimbursed property damage to her vehicle in the amount of $500.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Smith, 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 Transportation is authorized and directed to pay the sum of $500.00 to Ms. Joan Smith 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 29, 1997. UNIVERSITY SYSTEM OF GEORGIA ADMISSION PRIORITY FOR GEORGIA RESIDENTS URGED. No. 37 (House Resolution No. 48). A RESOLUTION Strongly urging the Board of Regents to promulgate policies, rules, and regulations ensuring Georgia residents priority in admission to units of the University System of Georgia; and for other purposes. WHEREAS, admissions to the University System of Georgia have increased dramatically, in part because of the HOPE scholarships; and WHEREAS, several units of the University System of Georgia have been recognized nationally for academic excellence, further increasing applications for admission from persons who are not residents of Georgia; and WHEREAS, HOPE scholarships are making it possible for Georgia students who would otherwise not be able to go to college to attend the public colleges and universities of Georgia; and WHEREAS, a college or university education is unquestionably an asset throughout the lifetime of an individual; and WHEREAS, some members of the General Assembly have heard complaints from constituents that qualified Georgia residents are not being admitted to units of the University System of Georgia because of the many nonresidents who are admitted; and WHEREAS, well-educated Georgians are necessary for the continued economic growth and prosperity of the state.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body strongly urge the Board of Regents to promulgate policies, rules, and regulations ensuring that qualified Georgia residents have priority in admission to units of the University System of Georgia over nonresidents of Georgia. 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 Board of Regents. Approved April 29, 1997. HUGH L. LOGAN INTERCHANGE DESIGNATED. No. 38 (House Resolution No. 49). A RESOLUTION Honoring Hugh L. Logan and designating a portion of U.S. Highway 29 and U.S. Highway 129 as the Hugh L. Logan Interchange; and for other purposes. WHEREAS, Hugh L. Logan, a native son of Athens, has touched the life of virtually every person in Clarke County during his more than three decades of public service; and WHEREAS, after graduating from the public schools of Athens, he graduated from the University of Georgia and served with distinction in World War II and thereafter, rising to the rank of Lieutenant Colonel in the United States Army Reserve; and WHEREAS, Hugh Logan has been a successful building contractor and businessman, owning and operating the Normal Hardware Company in Athens for nearly 50 years; and WHEREAS, he unselfishly contributed his time, talents, and abilities in numerous areas of community service so that the lives of those in his community would be enhanced; and WHEREAS, he was elected in 1958 to the Clarke County Board of Commissioners, serving seven terms as chairman of the board and one term as president of the State Association of County Commissioners, while at the same time serving as a member of the Georgia Water Quality Control Board and as an advisor on economic development to the U.S. Secretary of Commerce; and WHEREAS, Hugh Logan proudly represented Athens and Clarke County as a Representative in the General Assembly from 1970 to 1986 serving on the House Appropriations Committee, on the Banks and Banking Committee, and as vice-chairman of the University System Committee where he wrote and supported legislation improving our public schools, creating

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new scholarships and expanding educational opportunities in our university system, and providing retirement benefits to custodial and food service personnel at the University of Georgia; and WHEREAS, in 1990, he was elected to the Board of Commissioners of the newly formed Athens-Clarke County unified government, a post to which he was reelected in 1994, and he serves as an advisory director of SunTrust Bank of Northeast Georgia; and WHEREAS, Hugh Logan has been a faithful member of the Prince Avenue Baptist Church in Athens together with his beloved wife, the former Georgia Bailey of Waynesboro; and WHEREAS, Hugh Logan has served the people and the State of Georgia as a highly respected community leader and public servant whose achievements set a standard of excellence to which others may aspire. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their appreciation to Hugh L. Logan for his many invaluable contributions to his community and to the State of Georgia. BE IT FURTHER RESOLVED that the reconstructed interchange created by the juncture of U.S. Highway 29 (North Bypass) and U.S. Highway 129 (Prince Avenue) in Athens-Clarke County, including that portion of Prince Avenue between Sunset Street and Trinity Avenue, is designated as the Hugh L. Logan Interchange. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the interchange. 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 Hugh L. Logan. Approved April 29, 1997. PULASKI COUNTY TRANSFER FROM THE HEART OF GEORGIA-ALTAMAHA REGIONAL DEVELOPMENT CENTER TO THE MIDDLE GEORGIA REGIONAL DEVELOPMENT CENTER. No. 40 (House Resolution No. 105). 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.

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WHEREAS, subsection (f) of Code Section 50-8-4 of the Official Code of Georgia Annotated 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 at its January 8, 1997, meeting voted to transfer the County of Pulaski from the Heart of Georgia-Altamaha Regional Development Center to the Middle Georgia Regional Development Center effective July 1, 1997; and WHEREAS, the request for legislative ratification of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4 and it is the desire of the General Assembly to ratify and approve said transfer; and WHEREAS, pursuant to subsection (c) of Code Section 50-8-7.1, the Board of Community Affairs has authorized the Department of Community Affairs to undertake and carry out such activities 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 Pulaski from the Heart of Georgia-Altamaha Regional Development Center to the Middle Georgia Regional Development Center, to become effective on July 1, 1997, 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 29, 1997. VETERANS MEMORIAL PARKWAY DESIGNATED. No. 41 (House Resolution No. 106). A RESOLUTION Designating the Veterans Memorial Parkway; and for other purposes.

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WHEREAS, veterans of the national military and naval services have a long and distinguished record of accomplishments achieved during periods of war and peace; and WHEREAS, the exceptional leadership, courage, and commitment demonstrated by the veteran members of the armed forces of the United States have created a proud and noble professional heritage; and WHEREAS, throughout the history of the United States veterans have demonstrated an extraordinary devotion to duty and love for country, and their dedication, valor, and heroism exemplify the highest standards of personal conduct and career service; and WHEREAS, it is abundantly fitting and proper that the many veterans of Effingham County who have contributed so much to the welfare of the citizens of their community, state, and nation be appropriately recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of State Route 17 in Effingham County be designated the Veterans Memorial Parkway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers designating the Veterans Memorial Parkway. 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, the press, and the public. Approved April 29, 1997. JACK EUBANK MEMORIAL HIGHWAY DESIGNATED. No. 42 (House Resolution No. 112). A RESOLUTION Designating the Jack Eubank Memorial Highway; and for other purposes. WHEREAS, Jackson Eugene Eubank, Sr., was born August 22, 1893, the son of John Augustus and Willie Jordan Eubank; and WHEREAS, he attended Locust Grove Institute and, as a result of his strong belief in the value of a good education, he provided each of his nine children with the opportunity of receiving a college education; and WHEREAS, by profession, he was a lumberman, cattleman, and a gentleman farmer; and WHEREAS, Mr. Eubank was married to the former Fannie Mae Hunt and they were the proud parents of nine children and 21 grandchildren; and

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WHEREAS, Mr. Eubank served in the Georgia Senate in 1943-44, and authored the first school lunch bill enacted into law in this state; and WHEREAS, he served on the Columbia County Board of Education for 48 years and the county's outstanding school system can be attributed to Mr. Eubank's leadership; and WHEREAS, Mr. Eubank was a dedicated member of the Damascus Baptist Church where he served as a deacon and Sunday school teacher; and WHEREAS, he was one of the organizers of the Augusta Farmers Market and the Augusta National Loan Association and was one of the founders of the Little River Soil Conservation District; and WHEREAS, his contributions to his community and his faith, courage, and endurance to overcome obstacles were an inspiration to the people of Columbia County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that State Highway 47 in Columbia County from its intersection with State Highway 150 to the Price Legg Bridge over the Little River shall be designated the Jack Eubank Memorial Highway. 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 Mr. Jack Eubank. Approved April 29, 1997. MS. WENDY L. ROSLUND COMPENSATION. No. 43 (House Resolution No. 113). A RESOLUTION Compensating Ms. Wendy L. Roslund; and for other purposes. WHEREAS, on February 3, 1996, Ms. Wendy L. Roslund was stopped at the intersection of North Druid Hills Road and Briarcliff Road in DeKalb County, Georgia; and WHEREAS, a sand truck belonging to and operated by an employee of the Department of Transportation made a left turn too close to Ms. Roslund's car, and the sand from such vehicle struck Ms. Roslund's vehicle with such force that it damaged the left side of her vehicle; and WHEREAS, Ms. Roslund suffered unreimbursed property damage to her automobile in the amount of $200.00; and

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WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Roslund, 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 Transportation is authorized and directed to pay the sum of $200.00 to Ms. Wendy L. Roslund 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 29, 1997. MR. CHAD B. KEE COMPENSATION. No. 44 (House Resolution No. 145). A RESOLUTION Compensating Mr. Chad B. Kee; and for other purposes. WHEREAS, on January 8, 1996, Mr. Chad B. Kee, a resident of Stockbridge, Georgia, was operating his 1994 Saturn automobile on Interstate 285 traveling west near the interchange with Interstate 75 in Cobb County, Georgia; and WHEREAS, due to icy conditions, a vehicle under the jurisdiction of the Department of Transportation was spreading gravel and sand in the far left lane of Interstate 285 in the area and direction that Mr. Kee was traveling; and WHEREAS, the vehicle under the jurisdiction of the Department of Transportation was being operated without warning signals or the posting of any signs and could not be readily seen due to a bend in the interstate in such area; and WHEREAS, as Mr. Kee's vehicle passed the vehicle under the jurisdiction of the Department of Transportation, the gravel and sand being spread from the state vehicle hit the front and sides of Mr. Kee's vehicle with such force that it extensively damaged the front, hood, and sides of his vehicle; and WHEREAS, Mr. Kee suffered unreimbursed property damage to his automobile in the amount of $50.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Kee, 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 $50.00 to Mr. Chad B. Kee as compensation as

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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 29, 1997. REVEREND CHARLES WALTER HAYES MEMORIAL HIGHWAY AND REVEREND CHARLES WALTER HAYES MEMORIAL BRIDGE DESIGNATED. No. 45 (House Resolution No. 159). A RESOLUTION Honoring the Reverend Charles Walter Hayes and designating the Reverend Charles Walter Hayes Memorial Highway and the Reverend Charles Walter Hayes Memorial Bridge; and for other purposes. WHEREAS, the Reverend Charles Walter Hayes was born on October 11, 1887, in Whitfield County; and WHEREAS, at the age of one, he and his parents moved to the Sumach Community of Murray County, where he attended the Sumach Seminary school and the Sumach Cumberland Presbyterian Church; and WHEREAS, he began a career of teaching in 1904, at the age of 18, and held positions at Sumach Seminary, Deep Springs Elementary School, Payne School, and Dawnville Elementary School; and WHEREAS, following his marriage to Bertha Lee Bryant in 1909, he became a minister, preaching his first sermon at the Dawnville Methodist Church on the third Sunday in February, 1911, and later enrolled at Bethal College, where he received a Bachelor of Arts in 1918; and WHEREAS, he served the Lord in pastorates in Tennessee, Georgia, and Kentucky, conducted over 600 revivals, and began 30 years of uninterrupted service to the Sumach Cumberland Presbyterian Church in 1942; and WHEREAS, prior to his death on August 19, 1972, he led thousands to Christ and gained the love, admiration, and respect of all who knew him. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor the memory of the Reverend Charles Walter Hayes. BE IT FURTHER RESOLVED that the portion of State Highway 2 from the Whitfield County line and extending east to its intersection with State Highway 225 is designated the Reverend Charles Walter Hayes Memorial Highway.

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BE IT FURTHER RESOLVED that the bridge over Sumach Creek on State Highway 225, just north of the Sumach Cumberland Presbyterian Church in Murray County is designated the Reverend Charles Walter Hayes Memorial Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect appropriate signs designating said highway and 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 Reverend Charles Walter Hayes. Approved April 29, 1997. STATE PROPERTY CONVEYANCE TO THE CITY OF PELHAM. No. 46 (House Resolution No. 167). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Mitchell 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 Pelham, Mitchell County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in the City of Pelham, Mitchell County, Georgia, as described on that certain preliminary plat of survey prepared by Leroy R. Hall, Georgia Registered Land Surveyor No. 2504, dated December 23, 1996, and on file in the offices of the State Properties Commission, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Department of Agriculture as an unimproved portion of the Pelham Farmers' Market site; and WHEREAS, the Department of Agriculture has determined that the subject property is not required to support its current mission or any anticipated future mission; and WHEREAS, the City of Pelham, Mitchell County, is desirous of obtaining the subject property.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the State of Georgia is the owner of the above-described real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That thee above-described real property shall be conveyed by appropriate instrument to the City of Pelham, Mitchell County, by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $10.00 so long as the property is used for public purposes and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3. That, if the City of Pelham, Mitchell County, 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 4. That the authorization in this resolution to convey the above-described property to the City of Pelham, Mitchell 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 Mitchell 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 29, 1997.

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MR. DANIEL W. VINING COMPENSATION. No. 47 (House Resolution No. 168). A RESOLUTION Compensating Mr. Daniel W. Vining; and for other purposes. WHEREAS, on January 7, 1996, Laurie Vining, daughter of Mr. Vining, was traveling north on 1-75 in the far left lane in Mr. Vining's vehicle; and WHEREAS, a Department of Transportation truck traveling in the same direction in the right lane passed the Vining vehicle spraying gravel on the right side of the vehicle, chipping its paint, the cost of repair of which is reasonably estimated at $500.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Laurie Vining, and it is only fitting and proper that Mr. Vining 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 $500.00 as compensation to Mr. Vining 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 that occurrence. Approved April 29, 1997. CHEMICAL WEAPONS INCINERATOR PUBLIC HEARINGS IN NORTHWEST GEORGIA URGED. No. 48 (House Resolution No. 174). A RESOLUTION Urging the Georgia congressional delegation to urge Congress to request the Environmental Protection Agency to hold public hearings in northwest Georgia; and for other purposes. WHEREAS, the Alabama Department of Environmental Management, the United States army, and Westinghouse plan to construct a chemical weapons incinerator in Anniston, Alabama; and WHEREAS, the operation of such a facility has the potential to affect the air quality, health, quality of life, and economy of the residents of northwest and west central Georgia; and WHEREAS, other states, including Maryland, Indiana, and Kentucky, have passed legislation precluding the construction of such a facility within their boundaries; and

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WHEREAS, nonincineration and chemical neutralization methods are being studied by the United States army which may prove to be safer alternatives for the destruction of chemical weapons; and WHEREAS, Georgia residents have expressed concerns about the construction of such a facility because of toxins that might be released into the air and harmful economic repercussions. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Georgia congressional delegation to encourage Congress to take steps to initiate public hearings conducted by the Environmental Protection Agency in northwest Georgia prior to the construction and operation of the chemical weapons incinerator in Anniston, Alabama. 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 members of the Georgia congressional delegation. Approved April 29, 1997. MS. NADINE LAVERNE CARTER COMPENSATION. No. 49 (House Resolution No. 176). A RESOLUTION Compensating Ms. Nadine LaVerne Carter; and for other purposes. WHEREAS, Ms. Nadine LaVerne Carter is an employee of the Augusta State Medical Prison located in Grovetown, Georgia; and WHEREAS, on July 9, 1996, upon arriving at such prison to work, Ms. Carter parked her 1987 Nissan Stanza automobile in front of said prison near Tower No. 1; and WHEREAS, on the same day, an unsupervised detail of inmates was cutting grass in front of the Augusta State Medical Prison; and WHEREAS, upon leaving work and returning to her car parked in front of said prison, Ms. Carter found that the rear window of her 1987 Nissan Stanza had been shattered and there was a hole in the lower right side of such rear window; and WHEREAS, since there does not appear to be any other cause for such damage to Ms. Carter's vehicle, it can reasonably be concluded that such damage was caused by a rock or other object propelled from a lawn mower when the grass was being cut; and WHEREAS, Ms. Smith suffered unreimbursed property damage to her vehicle and other expenses totalling $100.00; and

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WHEREAS, the loss occurred through no fault or negligence on the part of Ms. Carter, 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 $100.00 to Ms. Nadine LaVerne Carter 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 29, 1997. MR. AND MRS. WILLIAM E. LEE COMPENSATION. No. 51 (House Resolution No. 246). A RESOLUTION Compensating Mr. and Mrs. William E. Lee; and for other purposes. WHEREAS, on April 23, 1996, Mr. William E. Lee, a resident of Bluffton, Georgia, was operating his 1991 Volkswagen Jetta automobile on U.S. Highway 27 near the city limits of said city in Clay County, Georgia. On the same date and about the same time, Mrs. Aldene W. Lee, his wife, was operating her 1994 GMC Sonoma SL truck on U.S. Highway 27 near the city limits of said city in Clay County, Georgia; and WHEREAS, the Department of Transportation had been spreading gravel and paving this segment of U.S. Highway 27; and WHEREAS, when Mr. and Mrs. Lee drove their vehicles through this area, loose gravel propelled from the vehicles of other passing motorists broke the windshields of and caused other damage to both vehicles; and WHEREAS, the Department of Transportation had not erected any warning signs in this area of U.S. Highway 27, and it was reported that the weather had been too hot and that there was too much traffic to engage in this type of paving; and WHEREAS, Mr. and Mrs. Lee suffered unreimbursed property damage to their vehicles in the amount of $100.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. and Mrs. Lee, and it is only fitting and proper that they be compensated for their losses. 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 $100.00 to Mr. and Mrs. William E. Lee as

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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 29, 1997. MR. AND MRS. THOMAS H. SPELTS, JR. COMPENSATION. No. 52 (House Resolution No. 247). A RESOLUTION Compensating Mr. and Mrs. Thomas H. Spelts, Jr.; and for other purposes. WHEREAS, in May, 1996, Mr. Thomas H. Spelts, Jr., a resident of Bluffton, Georgia, was operating his 1984 GMC van on U.S. Highway 27 near the city limits of said city in Clay County, Georgia. On the same date and about the same time, Ms. Sue Spelts, his wife, was operating her 1987 Plymouth Reliant on U.S. Highway 27 near the city limits of said city in Clay County, Georgia; and WHEREAS, the Department of Transportation had been spreading gravel and paving this segment of U.S. Highway 27; and WHEREAS, when Mr. and Mrs. Spelts drove their vehicles through this area, loose gravel propelled from the vehicles of other passing motorists broke the windshields of both vehicles; and WHEREAS, the Department of Transportation had not erected any warning signs in this area of U.S. Highway 27, and it was reported that the weather had been too hot and that there was too much traffic to engage in this type of paving; and WHEREAS, Mr. and Mrs. Spelts suffered unreimbursed property damage to their vehicles in the amount of $400.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. and Mrs. Spelts, and it is only fitting and proper that they be compensated for their losses. 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 $400.00 to Mr. and Mrs. Thomas H. Spelts, Jr., 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 29, 1997.

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MR. GEORGE CALHOUN COMPENSATION. No. 53 (House Resolution No. 248). A RESOLUTION Compensating Mr. George Calhoun; and for other purposes. WHEREAS, on January 7, 1996, Mr. George Calhoun, a resident of Ringgold, Georgia, was operating his 1988 Chevrolet S-10 Blazer on Interstate 75 traveling north between the Cities of Calhoun and Dalton, Georgia; and WHEREAS, due to icy conditions, a vehicle under the jurisdiction of the Department of Transportation was spreading gravel, sand, and salt in two lanes of Interstate 75 in the area and direction that Mr. Calhoun was traveling; and WHEREAS, the vehicle under the jurisdiction of the Department of Transportation was being operated without warning signals or the posting of any signs; and WHEREAS, the gravel, sand, and salt being spread from such vehicle under the jurisdiction of the Department of Transportation hit Mr. Calhoun's vehicle with such force that it extensively damaged the hood and right side of his vehicle; and WHEREAS, Mr. Calhoun suffered unreimbursed property damage to his automobile in the amount of $100.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Calhoun, 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 $100.00 to Mr. George Calhoun 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 29, 1997. SELECTIVE SERVICE SYSTEM COMMENDED AND REGISTRATION URGED. No. 54 (House Resolution No. 254). A RESOLUTION Commending the Selective Service System for its long, distinguished, and vital role in serving the United States through its constant and war tested ability to meet the needs of democracy by providing for the needs of the United States of America; to strongly urge Georgia employers to encourage their eligible male employees to fulfill their legal and patriotic obligation by registering with the Selective Service; and for other purposes.

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WHEREAS, the United State Constitution establishes that We the people shall provide for the common defense; and WHEREAS, the citizens of Georgia have fully supported their shared obligation to provide for the common defense of the United States since colonial times by giving their lives, their blood, their property, and their sacred honor; and WHEREAS, for 55 years the Selective Service System has provided the vision and dedication necessary to safeguard our country's future by placing 33 million men into the service of our country; and WHEREAS, the United States Military Selective Service Act requires every male citizen of the United States of America and all males residing in the United States between the ages of 18 and 26 to register with the Selective Service System, and this is the only act of patriotism our Nation still requires of its young men; and WHEREAS, Selective Service operations for 13 southern states, Puerto Rico, and the Virgin Islands are conducted from Region II Headquarters in Marietta, Georgia; and WHEREAS, Reserve Forces Officers from Detachment 2-GA of the Georgia Army National Guard and Detachment 2-6, comprised of United States Army and United States Air Force Reserve Officers, support Selective Service operations in Georgia; and WHEREAS, Selective Service registration is quick, easy, and the law; and WHEREAS, federal law requires Selective Service registration as a prerequisite for all federal education grant programs and as a condition of federal employment; and WHEREAS, Georgia law requires Selective Service registration as a prerequisite for state educational support, including the HOPE Scholarship program. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend the Selective Service System for its vital role in the national defense and strongly urge all employers in Georgia to encourage their eligible male employees to register with the Selective Service. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit a copy of this resolution to Mr. Gil Coronado, the Director of the Selective Service System, the Georgia

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Chamber of Commerce, the Georgia Municipal Association, the Association County Commissioners of Georgia, and the Capitol Press Corps. Approved April 29, 1997. ALLEN B. FULFORD BRIDGE, PFC JAMES ROBERT GOOGE MEMORIAL BRIDGE, PFC CLARENCE LOMAN GASKINS MEMORIAL BRIDGE, AND CORPORAL WHERRY L. DUB ABERCROMBIE MEMORIAL BRIDGE DESIGNATED. No. 55 (House Resolution No. 268). A RESOLUTION Designating the Allen B. Fulford Bridge; designating the Pfc James Robert Googe Memorial Bridge; designating the Pfc Clarence Loman Gaskins Memorial Bridge; designating the Corporal Wherry L. Dub Abercrombie Memorial Bridge; and for other purposes. PART I WHEREAS, Mr. Allen B. Fulford passed away on March 30, 1996; and WHEREAS, Mr. Fulford, began his long and distinguished career with the Cooperative Extension Service of the University of Georgia on March 16, 1952, as assistant county agent in Polk County, and he served as county agent in Dooly County from May 17, 1957, to July 16, 1976, when he was appointed extension agronomistcotton at the Rural Development Center in Tifton, Georgia; and WHEREAS, as county agent in Dooly County, he quickly became known for his strong leadership in cotton, peanut, and livestock production, and he helped Dooly County become Georgia's leading cotton producer at a time when state-wide cotton acreage was declining, and he remained a strong advocate of cotton throughout his career, remaining at the forefront of new cotton technology by pioneering such innovations as precision row subsoil bedding and postdirected herbicide sprays; and WHEREAS, he was appointed extension agronomistcotton at a time when cotton production had almost disappeared from the state, and he encouraged the extension cotton team, county agents, and farmers to keep the faith with cotton, and he promoted better crop management with lower plant populations, fast fruiting varieties, and better nitrogen management with petiole nitrite monitoring, and his confidence in and love for cotton was ultimately rewarded by the resurgence of cotton production in the state; and WHEREAS, it is only right and fitting that the memory of Mr. Fulford be honored and memorialized.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body honor the life of Mr. Allen B. Fulford and express regret at his passing. BE IT FURTHER RESOLVED that the bridge to be constructed across Sandy Mount Creek Bridge on Highway 90 in Dooly County be designated the Allen B. Fulford Memorial Bridge. PART II WHEREAS, James Robert Googe was born in Bacon County, Georgia, on March 14, 1924, the son of Heather Johnson and Frank Googe, and spent his boyhood in Bacon County, Georgia; and WHEREAS, he volunteered to serve his country as an infantryman in the United States Army during the Second World War; and WHEREAS, he was a Pfc in the 30th Infantry Division during the first days of the Normandy invasion and the campaign to liberate France; and WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty on July 8, 1944, on the battlefields of Normandy, and his body still rests in the soil of the French nation for whose freedom he gave his own life; and WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge on County Road 327 at the Bacon County-Appling County line as the Pfc James Robert Googe Memorial Bridge in honor of this courageous fallen soldier. PART III WHEREAS, Clarence Loman Gaskins was born in Nashville, Georgia, on March 11, 1929, and spent his boyhood in Bacon County, Georgia; and WHEREAS, he answered his country's call to duty in the infantry of the United States Army; and WHEREAS, he was a Private First Class and combat engineer in the 24th Infantry Division during the grim early days of the Korean War and was among the first American soldiers sent to stem the tide of aggression against South Korea; and WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty in July, 1950; and

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WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the bridge over Fishing Creek on Highway 651 South in Bacon County as the Pfc Clarence Loman Gaskins Memorial Bridge in honor of this courageous fallen soldier. PART IV WHEREAS, Wherry L. Dub Abercrombie was born in Bacon County, Georgia, on January 25, 1925, and spent his boyhood in Bacon County, Georgia; and WHEREAS, though he enjoyed civilian life and was known as a skilled guitar and baseball player, he volunteered to serve his country as a military policeman in the United States Army; and WHEREAS, he was a Corporal in Company C of the 19th Infantry Regiment during the grim early days of the Korean War and was among the first American soldiers sent to stem the tide of aggression against South Korea; and WHEREAS, he gave his life in service to his country, his comrades in arms, and the ideal of liberty on July 16, 1950, holding the line against the North Korean Army at the Kum River near Seoul to gain time to organize a defense of the peninsula; and WHEREAS, the passage of time has not dimmed his family's memories of this brave young Georgian whose life was so tragically cut short; and WHEREAS, it is only fitting and proper that the State of Georgia pay tribute to this young man's supreme sacrifice. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body designate the Old Stewart Bridge over Hurricane Creek outside Alma, Georgia, in Bacon County as the Corporal Wherry L. Dub Abercrombie Memorial Bridge in honor of this courageous fallen soldier. PART V BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs at appropriate locations designating the Allen B. Fulford Memorial Bridge, the Pfc James Robert Googe Memorial Bridge, the Pfc Clarence Loman Gaskins Memorial Bridge, and the Corporal Wherry L. Dub Abercrombie Memorial Bridge as provided in this resolution.

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BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Mrs. Kay Bush Fulford, the family of James Robert Googe, the family of Clarence Loman Gaskins, the family of Corporal Wherry L. Dub Abercrombie, and the Department of Transportation. Approved April 29, 1997. STATE PROPERTY CONVEYANCES TO DOUGLAS COUNTY BOARD OF COMMISSIONERS AND THE CITY OF HOMERVILLE. No. 56 (House Resolution No. 271). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Douglas County, Georgia; authorizing the conveyance of certain state owned real property located in Clinch County, Georgia; to repeal conflicting laws; and for other purposes. WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Douglas County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in original land lot 98 of the 2nd district, 5th section of Douglas County, Georgia, and being two acres in the northwest corner of the tract described in deed from C.F. McGourik to L.A. Moody and J.C. Moody, dated July 25, 1945, recorded in Deed Book 8, page 244, Douglas County records. Said two acres described as follows: Being a strip 200 feet wide on the west side of the above-described tract and running easterly at equal width a distance of 435.6 feet, bounded as follows: on the north and west by lands of H.L. York estate; on the south and east by lands of J.C. Moody; (3) Douglas County conveyed the above-described property to the state on August 11, 1959, for the consideration of $1.00; (4) Said property is under the custody of the Georgia Forestry Commission and is the location of the Douglas County Forestry Unit; (5) The Georgia Forestry Commission is consolidating its functions throughout the state; (6) Douglas County has agreed to accept the responsibility of fire suppression in Douglas County; (7) Douglas County is desirous of obtaining the subject property in order to provide said services; and

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(8) By resolution dated February 13, 1996, the Georgia Forestry Commission declared the subject property surplus to its need; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clinch County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 451 of the 7th District of Clinch County containing approximately.059 of one acre as shown on a plat of survey prepared by H. S. Williams, Jr., dated December 5, 1979, and being on file in the offices of the State Properties Commission and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval; (3) The City of Homerville, Clinch County, conveyed the above-described property to the state on December 21, 1981; (4) Said property is under the custody of the Georgia Forestry Commission and is utilized for storage; (5) The Georgia Forestry Commission is consolidating its functions throughout the state; (6) The City of Homerville, Clinch County, is desirous of obtaining the subject property for use of the county emergency management department; and (7) By resolution dated June 24, 1996, the Georgia Forestry Commission declared the subject property surplus to its need. 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 Douglas 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 above-described real property in Douglas County, Georgia, shall be conveyed by appropriate instrument to the Douglas County Board of Commissioners 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

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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 Douglas County Board of Commissioners 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 Douglas County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II SECTION 6. That the State of Georgia is the owner of the above-described real property in Clinch 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 7. That the above-described real property shall be conveyed by appropriate instrument to the City of Homerville, Clinch 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 8. That, if the City of Homerville, Clinch County, 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.

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SECTION 9. That the authorization in this resolution to convey the above-described property to the City of Homerville, Clinch County, 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. SECTION 11. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 12. That all laws and parts of laws in conflict with this resolution are repealed. Approved April 29, 1997. STATE PROPERTY CITY OF REYNOLDS; CONVEYANCE. No. 57 (House Resolution No. 272). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Taylor 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 Reynolds, Taylor County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in land lot 230 of the 14th District of Taylor County and containing approximately 6 acres and being more particularly described as follows: Commencing at an iron pin, being the southeast corner of Land Lot 230, and running N 0 58' E, 1739.3 feet to an iron pin on the north side of Georgia State Highway No. 96; thence S 89 42' W, 346.8 feet to a concrete highway right-of-way marker thence N 0 18' W, 20.0 feet to a point being the beginning of a curve to the right thence N 87 29' W, 276.9 feet along the chord to said curve to an iron pin and the point of beginning: thence N 79 35' W, 498.0 feet, along the chord of said curve, chord subtending an arc of 498.7, to an iron pin on the northerly right-of-way of Georgia State Highway No. 96 and said pin being on the easterly boundary of Seally property; thence N 0 55' W, 491.4 feet to an iron pin; thence N 89 25' 30 E, 488.3 feet to an iron pin; thence S 0

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55' E, 586.35 feet to an iron pin at the point of beginning, and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor and presented by the grantee to the State Properties Commission for approval; and WHEREAS, said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Taylor County; and WHEREAS, the Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that the subject property is no longer required to support their current missions or any anticipated future missions and have therefore declared the property surplus; and WHEREAS, the City of Reynolds, Taylor County conveyed the above-described property to the state May 15, 1957, for the consideration of $1.00; and WHEREAS, the City of Reynolds, Taylor County is desirous of acquiring the above-described state owned property for public use. 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 Reynolds, Taylor County by the State of Georgia, acting by and through the State Properties Commission, for the 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 the City of Reynolds, Taylor 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.

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SECTION 5. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Taylor 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 29, 1997. CORA WILLIAMS INTERSECTION DESIGNATED. No. 58 (House Resolution No. 287). A RESOLUTION Honoring Cora Williams and designating the intersection of State Route 515 and Maddox Drive in the City of East Ellijay as the Cora Williams Intersection; and for other purposes. WHEREAS, Cora Williams touched the life of virtually every person in Gilmer County during her long life; and WHEREAS, Cora Williams was born in 1892, left Pickens County to live in Gilmer County, and married the late Jack Williams in 1917; and WHEREAS, Cora Williams lived in the same home in East Ellijay for 61 years, raising four fine children, each of whom became a credit to her and to the community; and WHEREAS, she was active in the East Ellijay Baptist Church, the Sunday School, and the East Ellijay Women's Children Club, and was known in the community for her beautiful flowers, her bountiful garden, her needlework, and her quilting; and WHEREAS, Cora Williams, on her passing in 1985, was loved and remembered by East Ellijay as a caring individual, a helping hand to the sick and the needy, and a comfort to the bereaved. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their appreciation of the late Cora Williams for her invaluable contribution to her community and to the State of Georgia. BE IT FURTHER RESOLVED that the intersection of State Route 515 and Maddox Drive in the City of East Ellijay is designated as the Cora Williams Intersection. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection.

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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 Cora Williams. Approved April 29, 1997. N. A. WEST BRIDGE AND CAPTAIN HENRY WILL JONES BRIDGE DESIGNATED. No. 59 (House Resolution No. 288). A RESOLUTION Honoring N. A. West and designating the bridge carrying State Route 2 over the Cartecay River in the City of East Ellijay as the N. A. West Bridge; designating the Captain Henry Will Jones Bridge over the Alapaha River; and for other purposes. PART I WHEREAS, N. A. West was a lifelong resident of East Ellijay, born in that city in 1908; and WHEREAS, N. A. West was the founder and owner of N. A. West Block Company, the oldest corporation in East Ellijay and one of the oldest in Gilmer County; and WHEREAS, N. A. West was honored by the people of East Ellijay with 11 terms as their city's mayor, during which the foundation for most of East Ellijay's infrastructure was laid; and WHEREAS, N. A. West passed away in 1986, mourned and remembered by the community of East Ellijay as one of the noblest citizens and leaders in the city's history. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body honor and express their appreciation of the late N. A. West for his lifetime of service to his community and to the State of Georgia. BE IT FURTHER RESOLVED that the bridge carrying State Route 2 over the Cartecay River in the City of East Ellijay is designated as the N. A. West Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs so designating the intersection. 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 N. A. West.

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PART II WHEREAS, Captain Henry Will Jones of Lanier County was killed in action on October 18, 1944, while serving as a commanding officer of a United States Marine Corps company in the South Pacific during World War II; and he was awarded posthumously the Silver Star Medal by the Secretary of the Navy in recognition of his exemplary valor; and WHEREAS, he had graduated from the University of Georgia and was an instructor in the Laurens County school system when he enlisted in the military following the Japanese attack on Pearl Harbor; and he completed officers candidate school, paratrooper training, and advanced military training with the Marine Corps and was recognized as a distinguished officer with considerable potential; and WHEREAS, his fearless leadership, great personal valor, and unrelenting devotion to duty in the face of extreme danger contributed substantially to the success of his division in capturing a vital stronghold; and his courage and determination upheld the highest traditions of military service; and WHEREAS, he enjoyed nature and had a strong attachment to the region in which he had spent his youth exploring the rivers, forests, and wildlife; and he often expressed his dream of returning to the Alapaha River in his letters home to his family; and WHEREAS, it is most fitting and appropriate to honor this outstanding young officer who so gallantly gave his life for his country. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge on Georgia Highway 37 that crosses that portion of the Alapaha River in Lanier County be designated the Captain Henry Will Jones Bridge. BE IT FURTHER RESOLVED that the Commissioner of Transportation is authorized and directed to place signs at appropriate locations along the highway designating the bridge over the Alapaha River as the Captain Henry Will Jones 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 Captain Henry Will Jones. Approved April 29, 1997. WILLIAM CRITTENDEN BUILDING DESIGNATED. No. 60 (House Resolution No. 289). A RESOLUTION Designating the Central State Hospital building on Yarbrough Drive in Milledgeville, Georgia, as the William Crittenden Building; and for other purposes.

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WHEREAS, the late William Crittenden was a native of Shellman, Georgia, who departed this life at his home in the north Georgia mountains in 1985; and WHEREAS, Mr. Crittenden served with distinction as superintendent of Central State Hospital in Milledgeville, Georgia, from 1975 until his retirement in 1978; and WHEREAS, Mr. Crittenden first began working at what is now known as Central State Hospital in 1949, and his tenure as superintendent capped a stellar career of service in various administrative positions at the hospital; and WHEREAS, Mr. Crittenden's career spanned a period of great change for Central State Hospital and, through his tireless efforts, virtually all of the buildings on the campus were modernized to provide comfort for the clients there; and WHEREAS, Mr. Crittenden worked diligently to improve the lives of other people not only through his work on behalf of the clients and staff at Central State Hospital but also through his participation in the affairs of his community. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Central State Hospital building on Yarbrough Drive in Milledgeville, Georgia, is designated and named as the William Crittenden Building in honor of this devoted public servant. 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 the Department of Human Resources and to the family of William Crittenden. Approved April 29, 1997. MR. ALFONZO PRICE COMPENSATION. No. 62 (House Resolution No. 313). A RESOLUTION Compensating Mr. Alfonzo Price; and for other purposes. WHEREAS, on June 10, 1996, Mr. Alfonzo Price, a resident of Bluffton, Georgia, was operating his 1990 Mazda 626LS in a northerly direction on U.S. Highway 27 between Suttons Corner and the City of Bluffton in Clay County, Georgia; and WHEREAS, the Department of Transportation had been spreading gravel and tarring this segment of U.S. Highway 27; and

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WHEREAS, when Mr. Price drove his vehicle through this area, loose gravel and tar propelled from the vehicles of motorists traveling in a southerly direction broke the windshield and damaged the lower panels on each side of his vehicle; and WHEREAS, the Department of Transportation had not erected any warning signs in this area of U.S. Highway 27; and WHEREAS, Mr. Price suffered unreimbursed property damage to his vehicle in the amount of $200.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Price, 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 $200.00 to Mr. Alfonzo Price, 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 29, 1997. TRAIL OF TEARS HIGHWAY DESIGNATED. No. 63 (House Resolution No. 324). A RESOLUTION Designating the Trail of Tears Highway; and for other purposes. WHEREAS, the Cherokee Nation once stretched across North Georgia, a thriving advanced civilization of literate farmers, merchants, and professionals with its capital at New Echota in what is now Gordon County, Georgia; and WHEREAS, New Echota was converted from the capital of a nation to a holding pen for the human inhabitants of that nation as they were rounded up and corralled like cattle to embark on one of the most sordid chapters in our state's history, the forced migration of the Cherokee people from their native Southeastern foothills and mountains to Oklahoma, an event that lives in infamy as the Trail of Tears; and WHEREAS, the farms and homes left behind by these peaceful people were taken over by Caucasian settlers even as their elderly, young, and sick were dying beside the trail during what was euphemistically called a relocation by those in power at the time; and WHEREAS, today, State Route 225 extends from the New Echota Historic Site and the Chief Vann House State Historic Site to the Georgia-Tennessee

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state line to the closest point to the eastern terminus of the National Park Service's Trail of Tears National Historic Trail near Charleston, Tennessee. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that that portion of State Route 225 from its intersection with Interstate 75 northward to the Tennessee state line is designated the Trail of Tears Highway. BE IT FURTHER RESOLVED that the Commissioner of Transportation is authorized and directed to place appropriate signs for such 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 press and the public. Approved April 29, 1997. JOINT COASTAL GROUND-WATER RESOURCES STUDY COMMITTEE CREATION. No. 64 (House Resolution No. 326). A RESOLUTION Creating the Joint Coastal Ground-water Resources Study Committee; and for other purposes. WHEREAS, the Upper Floridan Aquifer is the primary source of water for coastal Georgia's drinking water, industrial process water, and irrigation water; and WHEREAS, continued long-term population growth and healthy economic development are highly dependent upon the long-term availability of a source of fresh water from the Upper Floridan Aquifer; and WHEREAS, the Upper Floridan Aquifer is susceptible to salt-water intrusion in several locations in coastal Georgia; and WHEREAS, population and economic growth are placing increasing demands for additional pumpage on the aquifer, thus potentially worsening the salt-water intrusion problem; and WHEREAS, resolving the salt-water intrusion issue and protecting this valuable natural resource likely will require comprehensive, adequately funded scientific planning, public education, and feasibility studies to provide the Environmental Protection Division of the Georgia Department of Natural Resources the information to resolve these long-term water supply problems; and WHEREAS, numerous private citizens, state and local governments, educational institutions, businesses, farmers, trade organizations, and environmental

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organizations have requested that the Environmental Protection Division perform such studies so that a factually sound strategy can be developed to protect the aquifer from salt-water intrusion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Coastal Ground-water Study Committee to be composed of 29 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 co-chairpersons of the study committee. The President of the Senate shall appoint nine additional members and the Speaker of the House of Representatives shall appoint eight additional members so as to ensure representation from each of the following organizations: the Georgia Conservancy, the Sierra Club, the Chatham/Savannah Metropolitan Planning Commission, the Brunswick/Glynn County Water Authority, the Georgia Farm Bureau Federation, the Association County Commissioners of Georgia, the Georgia Municipal Association, the Georgia Rural Water Association, the Georgia Drillers Association, the Georgia Agribusiness Council, the Georgia Forestry Association, the Georgia Poultry Federation, and the five largest permitted coastal Georgia users of the Upper Floridan Aquifer.All such members shall represent interests served by the Upper Floridan Aquifer. The Director of the Environmental Protection Division of the Georgia Department of Natural Resources shall serve in an ex-officio capacity as a member of the committee, and the Deputy Commissioner for Environmental Quality Control of the South Carolina Department of Health and Environmental Quality Control, or his or her designee, shall be invited to serve in an ex-officio capacity as a member of the study committee. Either chairperson may call meetings of the committee. Such appointment shall be made by April 15, 1997, with the first meeting of the study committee to occur by May 15, 1997. BE IT FURTHER RESOLVED that the study committee shall undertake a study of the needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation that the study committee deems necessary or appropriate. These shall include, but are not necessarily restricted to, generally defining the scientific tasks, with associated costs, that should be performed; generally defining the planning effort, with associated costs; defining educational needs, with associated costs; and generally defining mechanisms by which such studies, planning, and education should be funded. The study committee, if it deems appropriate, may consider recommendations for lowering the threshold for permitting and reporting ground-water use, creating a mechanism for transferring of ground-water use permits, entering into agreements with other states utilizing the Upper Floridan Aquifer, and so forth.

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BE IT FURTHER RESOLVED that there is created an Upper Floridan Aquifer Technical Advisory Committee, consisting of members of the scientific community selected by the co-chairperson of the study committee to assist the committee and EPD in the development of recommendations on the methodology and scope of scientific studies necessary to provide sufficient data to develop a reasonable and rational ground-water management plan, including actions to retard the movement of saltwater toward Upper Floridan Aquifer supply wells. BE IT FURTHER RESOLVED that the study committee may conduct such meetings at such times and places 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 for this resolution. The legislative members of the study committee shall receive the allowances authorized for legislative members of interim 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 funds appropriated to the Senate and House of Representatives. No allowance shall be paid for other members of the committee. In the event the study committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made before December 1, 1997. The study committee shall stand abolished on December 1, 1997, however, the Upper Floridan Aquifer Technical Advisory Committee may continue if so recommended by the findings and report of the study committee. Approved April 29, 1997: CIVICS DAY DESIGNATION IN SCHOOLS URGED. No. 65 (House Resolution No. 362). A RESOLUTION Urging the Secretary of State and the State Board of Education to designate a Civics Day in the schools of Georgia; and for other purposes. WHEREAS, voter participation in Georgia's elections is a vital element of the maintenance of the government of the people, for the people, and by the people; and WHEREAS, in recent years, voter turnout in the State of Georgia has been among the lowest in any of the 50 states; and WHEREAS, increasing the awareness among our young people of the crucial role the exercise of the franchise plays in a representative democracy should be one of the goals of our educational system. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body urge the Secretary of State,

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as the state's chief elections official, the State School Superintendent, and the State Board of Education to work together to establish a Civics Day in the public schools of Georgia in early October of each year, prior to the holding of general and municipal elections each November, and dedicated to the improvement of the education and participation of the young people of Georgia in the areas of representative democracy, the wise exercise of the franchise, and the crucial role of the people in securing the blessings of liberty by becoming full participants in the political process. 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 Secretary of State, the State Board of Education, and the State School Superintendent. Approved April 29, 1997. INTERNET ACCESS AND ELECTRONIC COMMUNICATION SERVICES FEES, ASSESSMENTS, AND TAXATION; CONSENSUS OF THE GENERAL ASSEMBLY. No. 66 (House Resolution No. 366). A RESOLUTION Expressing the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments, or taxation; and for other purposes. WHEREAS, the development of Internet access and other electronic communications services has provided immeasurable social, educational, and economic benefits to the people of Georgia and the United States; and WHEREAS, the technological advances of such services continue to develop at an ever increasing rate both qualitatively and quantitatively; and WHEREAS, these rapidly changing developments have been encouraged by a state public policy which facilitates technology innovation by restraining government intervention; and WHEREAS, the growth and development of electronic communication services should be nurtured and encouraged by appropriate state and federal policies; and WHEREAS, the federal government also supports a policy of minimal regulation with such services consistent with its Global Information Infrastructure Initiative; and WHEREAS, this body recognizes that government exercise of its taxation and regulatory powers in relation to those emerging electronic communication

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services would likely impede the future viability and enhancement of Internet access and other electronic communication services in this state. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that it is the consensus of this body that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments, or taxation. Approved April 29, 1997. BROOKS PENNINGTION MEMORIAL PARKWAY DESIGNATED. No. 67 (House Resolution No. 382). A RESOLUTION Designating the Brooks Pennington Memorial Parkway; and for other purposes. WHEREAS, the State of Georgia recently lost a distinguished citizen with the passing of Honorable Brooks Pennington; and WHEREAS, he was born in Pennington, Georgia, was a graduate of North Georgia College, served as a captain in the United States Air Force during the Korean War, and later attended the University of Georgia, where he majored in agricultural engineering and agronomy; and WHEREAS, he served as chairman of Pennington Seed, Inc., was an officer in numerous organizations related to the seed industry, and was instrumental in the development of new agricultural crop varieties, seed coatings, and seed treatments; and WHEREAS, he was dedicated to public service and served with distinction as chairman of the Board of Commissioners of Morgan County, member of the Stone Mountain Memorial Association, member of the State Democratic Executive Committee, state campaign chairman for President Jimmy Carter in his first campaign for Governor of Georgia, member of the House of Representatives, and member of the Senate, where he served for eight years as chairman of the Senate Agriculture and Natural Resources Committee; and WHEREAS, he was the devoted husband of Mrs. Jacquelyn Christian Pennington and the father of four outstanding children; and WHEREAS, it is only fitting and proper that this distinguished Georgian be properly remembered by the citizens of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the U.S. Highway 441 bypass around Madison, Georgia, is designated the Brooks Pennington Memorial Parkway.

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BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so 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 Honorable Brooks Pennington. Approved April 29, 1997. REGIONAL DEVELOPMENT CENTERS JASPER COUNTY; TRANSFER FROM MIDDLE GEORGIA REGIONAL DEVELOPMENT CENTER TO NORTHEAST GEORGIA REGIONAL DEVELOPMENT CENTER. No. 68 (House Resolution No. 398). 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 Official Code of Georgia Annotated 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 at its February 12, 1997, meeting voted to transfer the county of Jasper from the Middle Georgia Regional Development Center to the Northeast Georgia Regional Development Center, effective July 1, 1997; and WHEREAS, the request for legislative ratification of said transfer has been submitted to the General Assembly in accordance with subsection (f) of Code Section 50-8-4, and it is the desire of the General Assembly to ratify and approve said transfer; and WHEREAS, pursuant to subsection (c) of Code Section 50-8-7.1, the Board of Community Affairs has authorized the Department of Community Affairs to undertake and carry out such activities necessary for supervising regional development centers.

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NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Community Affairs' action to transfer the County of Jasper from the Middle Georgia Regional Development Center to the Northeast Georgia Regional Development Center, to become effective on July 1, 1997, 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 29, 1997. STATE PROPERTY CITY OF ATLANTA; LEASE. No. 69 (House Resolution No. 401). A RESOLUTION Authorizing the leasing of certain real property owned by the State of Georgia in Fulton 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 the City of Atlanta, Fulton County, Georgia, which is in the custody of the Georgia Department of Defense; and WHEREAS, said real property is all that certain tract or parcel of land situate, lying and being in Fulton County, Georgia, and being more particularly described as follows: All that certain tract or parcel of land containing approximately 35 acres and situated, lying and being in Land Lot 24 of the 14th Land District of Fulton County, Georgia, and being more particularly shown and delineated on a certain February 29, 1984, topographical drawing prepared by the City of Atlanta, Department of Environment and Streets, Office of Engineering, and shall be more particularly described on a plat of survey prepared by a Georgia Registered Land Surveyor and presented to the State Properties Commission for approval; and WHEREAS, the said property was the subject of an agreement between the Department of Defense and the City of Atlanta; and WHEREAS, the City of Atlanta is desirous of leasing the hereinabove-described state property for development of recreational facilities for its citizens; and WHEREAS, the Georgia Department of Defense has no objection to the long-term leasing of the above-described real property.

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NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That the State of Georgia is the owner of the 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 all or a portion of the hereinabove-described tract of land to the City of Atlanta for a period of 25 years, commencing with the execution of the lease agreement. SECTION 3. That the consideration for such lease shall be the fair market value as determined by the State Properties Commission, and such other terms and conditions as may be determined by the State Properties Commission to be in the best interests of the State of Georgia. SECTION 4. That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of the consideration as defined in Section 3 of this resolution is to be remitted to the State of Georgia. SECTION 5. That the authorization in this resolution to lease all or a portion of the above-described property to the City of Atlanta 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. SECTION 7. That this lease agreement shall be recorded by the City of Atlanta in the Superior Court of Fulton 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 29, 1997.

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JOINT STUDY COMMITTEE ON HISTORIC PRESERVATION CREATION. No. 70 (House Resolution No. 425). A RESOLUTION To create the Joint Study Committee on Historic Preservation; and for other purposes. WHEREAS, the spirit and direction of the state are founded upon its archeological, architectural, and cultural heritage; and WHEREAS, investment in the rehabilitation of existing buildings accounts for more than one-half of the construction industry, and rehabilitation projects produce 2.2 more jobs for Georgia than new construction per every million dollars spent; and WHEREAS, the low level of public funding of historic preservation activities has leveraged a high level of private funding, and preservation tax incentives alone have stimulated more than one-half billion dollars in private investment in Georgia; and WHEREAS, historic preservation projects produce substantial revenues for state and local governments through state income taxes, sales taxes, and ad valorem taxes without requiring new infrastructure costs; and WHEREAS, historic preservation stimulates revitalization and strengthens the tax base of central business districts and neighborhoods throughout the state, preserving and enhancing Georgia communities as we move into the twenty-first century; and WHEREAS, historic sites are frequently cited by tourists as their most preferred destination, making heritage tourism the cornerstone of Georgia's tourism industry. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Committee on Historic Preservation to be composed of 15 members and five ex officio members as follows: (1) Four members of the House of Representatives to be appointed by the Speaker of the House of Representatives; (2) Four members of the Senate to be appointed by the President of the Senate; (3) One representative of each of the following organizations to be appointed by the Governor: Association County Commissioners of Georgia, Georgia Chamber of Commerce, Georgia Historical Society, Georgia Municipal Association, Georgia Trust for Historic Preservation, Urban Land Institute, and Trust for Public Land;

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(4) One representative of the public utilities industry to be appointed by the Governor; and (5) Five ex officio members as follows: the commissioner of community affairs or his designee; the commissioner of industry, trade, and tourism or his designee; the commissioner of natural resources or his designee; the commissioner of transportation or his designee; and the chancellor of the University System of Georgia or his designee. The Speaker of the House of Representatives and the President of the Senate shall appoint members of the study committee within 30 days following the effective date of this resolution. 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 committee. The committee shall convene for no more than five meetings at the call of the cochairpersons. Each member of the committee except ex officio members shall receive the allowances authorized for legislative members of interim legislative committees but shall not receive the same for more than five days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the House of Representatives and the Senate. The Department of Natural Resources shall staff the meetings of the committee and provide information and research as requested. BE IT FURTHER RESOLVED that the purpose of the committee shall be to study the following areas: the role of historic preservation in the twenty-first century; strategies for revitalization and enhancement of Georgia's communities; the efficient use of Georgia's existing infrastructure, including the impact of urban sprawl; the relationship of historic preservation to other economic development strategies in Georgia; and the technological needs of historic preservation in the next century. BE IT FURTHER RESOLVED that the committee shall, by December 1, 1997, present a report to the General Assembly on the activities and the findings of the committee. The final report will include, but may not be limited to, findings and recommendations in the following areas: strategies for enhancing historic preservation's contribution to economic development in Georgia; the role of regional planning in historic preservation; the delivery of archeological services by the state; the financial and technical needs to preserve and rehabilitate Georgia's historic resources, including the Heritage 2000 Program; stewardship of state owned historic and prehistoric properties; new partnerships to improve heritage and/or eco-tourism in Georgia; and legislativeand funding initiatives to improve, simplify, coordinate, or otherwise assist in the preservation, protection, and enhancement of Georgia's archeological, architectural, and cultural resources.

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BE IT FURTHER RESOLVED that the committee shall stand abolished on December 31, 1997. Approved April, 29, 1997. DEPARTMENT OF HUMAN RESOURCES EXPENDITURE OF APPROPRIATED FUNDS FOR TEEN PREGNANCY PREVENTION. No. 71 (House Resolution No. 457). A RESOLUTION Directing the Department of Human Resources to expend certain appropriated funds for certain purposes; and for other purposes. WHEREAS, the problem of teen pregnancy in this state has reached epidemic proportion and it is incumbent upon this body to take appropriate measures to alleviate this situation. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that funds appropriated supplementally to the Department of Human Resources for state fiscal year 1997 and funds appropriated to the Department of Human Resources for state fiscal year 1998, which funds are appropriated for the purpose of teen pregnancy prevention, shall ensure a primary emphasis on abstinence education which: (1) Has as its exclusive purpose, teaching the social, psychological, and health gains to be realized by abstaining from sexual activity; (2) Teaches abstinence from sexual activity outside marriage as the expected standard for all school age children; (3) Teaches that abstinence from sexual activity is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other associated health problems; (4) Teaches that a mutually faithful monogamous relationship in the context of marriage is the expected standard of human sexual activity; (5) Teaches that sexual activity outside of the context of marriage could have harmful psychological and physical effects; (6) Teaches that bearing children out-of-wedlock is likely to have harmful consequences for the child, the child's parents, and society; (7) Teaches young people how to reject sexual advances and how alcohol and drug use increases vulnerability to sexual advances; and (8) Teaches the importance of attaining self-sufficiency before engaging in sexual activity. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit an appropriate copy of this

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resolution to the Board of Human Resources and commissioner of human resources. Approved April 29, 1997. AGRICULTURE FERTILIZERS; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 2, Chapter 12, Article 1 Revised. No. 407 (House Bill No. 49). 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 the laws of this state relating to fertilizers; to provide a short title; to provide for definitions; to provide for administration of such laws by the Commissioner of Agriculture; to provide for fertilizer licensing; to provide for the issuance and expiration of licenses; to provide for fees; to provide for renewal of licenses; to provide for applications and the contents thereof; to provide for compliance with other laws of this state; to provide for labeling of fertilizers and the contents of such labels; to provide for sampling, inspection, analysis, and testing of fertilizers; to provide for access and entry upon any public or private premises or carriers; to provide for methods of sampling and analyses; to provide for inspection fees and the collection thereof; to provide for reports;to provide for penalties; to prohibit certain conduct; to prohibit distribution of misbranded fertilizers; to prohibit distribution of adulterated fertilizer products; to provide for determinations concerning ingredients and their contributions to plant growth; to provide for the prohibition of the use of certain ingredients; to prohibit offering for sale fertilizers which are short in weight; to provide for enforcement and implementation; to provide for rules and regulations; to provide for revocation or denial of licenses and the cancellation of registrations; to provide for the issuance and enforcement of stop sale, stop use, or removal orders and the effect thereof; to provide for seizure and disposal of certain fertilizers; to provide for injunctions and restraining orders; to provide for notices and hearings; to provide for practices and procedures; to provide for prosecutions; 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 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 1, which reads as follows:

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ARTICLE 1 2-12-1. This article shall be known as the `Georgia Plant Food Act of 1989.' 2-12-2. As used in this article, the term: (1) `Brand' means a term, design, or trademark used in connection with one or several grades of commercial fertilizer. (2) `Bulk fertilizer' means commercial fertilizer distributed in a nonpackage form. (3) `Commercial fertilizer' means any substance containing one or more recognized plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except for unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, soil conditioners, and other products exempted by regulations of the Commissioner. (4) `Commercial value' means the assessed average retail value per unit of plant nutrient in dollars and cents. Such assessed values shall be established by the Commissioner annually and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establishment of such values, those objecting shall be afforded a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the effective date of such values shall be postponed pending the outcome of such hearing. The assessed values as established by the Commissioner shall be used in computing the dollar rates of penalties as provided in this article. The commercial value as established in accordance with this article is provided as a guide in determining the actual value of the product and shall not in any manner attempt to fix, regulate, or control the sales price of commercial fertilizer or fertilizer material. (5) `Deficiency' means the amount of nutrient, found by analysis, less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. (6) `Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available commercial fertilizers in this state. (7) `Distributor' means any person who distributes. (8) `Fertilizer material' means a commercial fertilizer which either: (A) Contains important quantities of not more than one of the primary plant nutrients, namely, total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O);

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(B) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration, provided that such material shall be scientifically documented to be agronomically or horticulturally useful when used at the application rates recommended for promoting plant growth. (9) `Grade' means the percentage of total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O), stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis; provided, however, that specialty fertilizers may be guaranteed in fractional units of less than 1 percent of total nitrogen, available phosphoric acid, and soluble potash; and provided, further, that fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units. (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 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) 0.200 Chlorine (Cl) 0.1000

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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 (11) `Gypsum, land plaster, or crude calcium sulfate' means the product consisting chiefly of calcium sulfate with combined water (CaSO4.2H2O) which is incapable of neutralizing soil acidity. It shall contain not less than 70 percent (CaSO4.2H2O). (12) `Investigational allowance' means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of commercial fertilizer. (13) `Label' means the display of all written, printed, or graphic matter on or attached to the immediate container or, in the case of a bulk commercial fertilizer, a statement accompanying the lot of commercial fertilizer. (14) `Labeling' means all written, printed, or graphic matter upon or accompanying any commercial fertilizer or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such commercial fertilizer. (15) `Licensee' means the person who guarantees commercial fertilizer and receives a plant food license to distribute commercial fertilizer under the provisions of this article. (16) `Lot' means that amount of commercial fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under this article, the term `lot' means that amount of commercial fertilizer included in a single delivery. The amount of commercial fertilizer in such delivery shall be deemed deficient and subject to the penalties provided by law, provided that at least 20 percent of such delivery is on hand at the time the official sample is drawn. (17) `Mixed fertilizer' means a commercial fertilizer containing any mixture of more than one fertilizer material. (18) `Mobile mixing equipment' means any compartmented equipment used to mix two or more plant nutrients not previously mixed at the time of application. The use of mobile mixing equipment is prohibited except as authorized by the Commissioner in writing in special cases. (19) `Official sample' means any sample of commercial fertilizer taken by the Commissioner or his agent and designated `official' by the Commissioner.

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(20) `Percent' or `percentage' means the percentage by weight. (21) `Person' includes an individual, partnership, association, firm, corporation, or any combination thereof. (22) `Plant nutrient' means that portion of a commercial fertilizer recognized by the Commissioner as being agronomically or horticulturally useful in promoting plant growth. (23) `Primary plant nutrients' includes total nitrogen (N), available phosphoric acid (P2O5), and water soluble potash (K2O). (24) ` Secondary or micro plant nutrients' means any elements or substances useful in promoting plant growth, other than the plant food nutrients defined in paragraph (23) of this Code section. (25) `Specialty fertilizer' means a commercial fertilizer distributed primarily for nonfarm use, such as, but not limited to, home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. The term `specialty fertilizer' also includes any commercial fertilizer distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants. (26) `Ton' means a net weight of 2,000 pounds avoirdupois. (27) `Unit' of a plant nutrient means 20 pounds or 1 percent of a ton. (28) `Unmanipulated manure' means the excreta of animals or fowl when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary, or feeding purposes for such animals or fowl or for the preservation of the manure. 2-12-3. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture. 2-12-4. (a) Each person whose name appears on the label of a commercial fertilizer or who is responsible for guaranteeing commercial fertilizer must obtain a plant food license from the Commissioner before distributing such products in Georgia. Any person who distributes bulk commercial fertilizer is responsible and, therefore, is required to have a plant food license, unless he has the expressed written consent of another licensee to distribute such licensee's product using the licensee's name and labeling and accepting responsibility for such products. 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

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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 plant food tonnage for the previous fiscal year ending June 30 sold to nonlicensees in Georgia by the licensee in accordance with the following schedule: Tonnage Volume of Fertilizer Licensee License Fee 0 5,000 tons $ 50.00 5,001 25,000 tons 100.00 More than 25,000 tons 200.00 A license must be renewed annually and fees shall be paid 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) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label. An application for registration for each brand and product name of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand and product name of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 per each grade of each brand. Such fee shall be submitted with the registration and a renewal fee of $50.00 shall be due each July 1. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration 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. 2-12-5. (a) No superphosphate containing less than 18 percent available phosphoric acid (P2O5) nor any mixed fertilizer in which the guarantees for the nitrogen (N), available phosphoric acid (P2O5), and potash (K2O) total less than 20 percent shall be distributed in this state, except for liquid plant food products to be used directly in irrigation systems or complete fertilizers branded for use on tobacco. Such tobacco fertilizers shall be labeled in accordance with regulations specifically covering tobacco fertilizers. (b) Specialty fertilizers may be permitted to deviate from the requirements of subsection (a) of this Code section; however, each brand and

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grade shall be submitted for registration prior to being offered for sale and its approval for registration shall be based on the merit of and intended use of the product. Such products shall not deviate more than 10 percent from the minimum requirements set forth in subsection (a) of this Code section, provided that specialty products which do deviate more than 10 percent from the minimum primary plant nutrient requirements above may be approved for registration based upon satisfactory proof that the product would be agronomically or horticulturally useful in promoting plant growth when used at the recommended application rates. As evidence of proof, the Commissioner may rely on experimental data furnished by the applicant and may require that such data be developed from tests conducted under conditions identical to or closely related to those present in Georgia. The Commissioner may reject any data not developed under such conditions and may rely on the advice of personnel of the University of Georgia Experiment Stations or other personnel of the University System of Georgia in evaluating data for registration. Specialty fertilizer which is distributed in packages having a net weight of 16 ounces or less and designed primarily for use on household plants shall be exempt from the above-stated requirements of this subsection. 2-12-6. Every nonresident licensee, at the time of licensing and before distributing his plant food product or products in this state, shall comply with Chapter 5 of this title, the `Department of Agriculture Registration, License, and Permit Act.' 2-12-7. (a) All commercial fertilizer distributed in this state in containers shall have a label placed on or affixed to the container, setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required when no primary nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that where the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); and (5) The source from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised.

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(b) For commercial fertilizer distributed in bulk, the information required by subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery. 2-12-8. (a) It shall be the duty of the Commissioner, who may act through his authorized agent, to sample, inspect, make analyses of, and test commercial fertilizers distributed within this state at any time and place and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this article. The Commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours, in order to have access to commercial fertilizers subject to provisions of this article and the regulations pertaining to this article and to the records relating to its distribution. (b) The methods of sampling and analysis shall be those adopted by the Commissioner by regulations from sources such as the Association of American Plant Food Control Officials (AAPFCO) and the Association of Official Analytical Chemists (AOAC). In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the Commissioner may adopt such appropriate methods from other sources by regulation. (c) In determining for administrative purposes whether any commercial fertilizer is deficient in plant nutrients, the Commissioner shall be guided solely by the official sample, as defined in paragraph (19) of Code Section 2-12-3 and obtained and analyzed as provided for in subsection (b) of this Code section. (d) The results of official analysis of commercial fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report. 2-12-9. (a) There shall be paid to the Commissioner for all commercial fertilizer distributed in this state to nonlicensees, an inspection fee at the rate of 30 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee. (b) Each licensee distributing commercial fertilizer in this state shall file with the Commissioner a monthly statement of the total tons of commercial fertilizer sold by him in this state to nonlicensees for the monthly period ending on the last day or last accounting day of each

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month. This and such other information as the Commissioner may require by regulations shall be supplied on forms furnished by the Commissioner or shall be in other suitable form acceptable to the Commissioner. The tonnage of commercial fertilizer sold during such month in packages weighing ten pounds and less, although not subject to the inspection fee, shall also be shown as a subtotal and included in the total tonnage. Such forms shall be filed on or before the twentieth day of the month following the report period. The inspection fee provided in subsection (a) of this Code section shall be paid upon the tonnage reported in such statement. If the fee owed is less than $10.00, the licensee shall accumulate the monthly fees owed until at least $10.00 is owed. If the accumulated fees owed for the entire fiscal year (July through June) are not $10.00, the total amount owed shall be paid in full with the June tonnage report. A monthly tonnage report is required even if no reportable tonnage has been sold. If a tonnage report is not filed or the payment of any inspection fee due is not made by the twentieth day of the month following the report period, a late collection fee in the amount of 10 percent of the amount due, with a minimum fee of $10.00, shall be assessed against the licensee. If, after due notification by certified mail with return receipt requested to the licensee, the penalty is not paid by the second month after the twentieth day of the month following the report period, the penalty due shall double for each subsequent month for a maximum of six months. An assessed penalty which remains unpaid for six months shall constitute cause for the revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee. (c) When more than one person is involved in the distribution of a commercial fertilizer, the licensee who finally distributes to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees. 2-12-10. (a) Total nitrogen (N), available phosphoric acid (P2O5), and soluble potash (K2O). (1) If the analysis of the official sample shows that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in this subsection, the penalty shall be 10 percent of the guaranteed commercial value plus (when the found commercial value is less than the guaranteed commercial value) two times the difference in the found commercial value and the guaranteed commercial value. (2) Where there is no deficiency in primary plant nutrients beyond the investigational allowances set forth in this subsection, but where the found commercial value of the sample is not at least 97 percent of

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the guaranteed commercial value, the penalty for the lot sampled shall be four times the difference between the found commercial value and the guaranteed commercial value of the sample. (3) Notwithstanding any provisions of this Code section, the investigational allowances for the primary plants nutrients listed below shall be as follows: Guaranteed Percent Total Nitrogen Percent Available Phosphoric Acid, Percent Soluble Potash Percent 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 0.47 07 0.54 0.68 0.53 08 0.55 0.68 0.60 09 0.57 0.68 0.65 10 0.58 0.69 0.70 11-12 0.61 0.69 0.79 13-14 0.63 0.70 0.87 15-16 0.67 0.70 0.94 17-18 0.70 0.71 1.01 19-20 0.73 0.72 1.08 21-22 0.75 0.72 1.15 23-24 0.78 0.73 1.21 25-26 0.81 0.73 1.27 27-28 0.83 0.74 1.33 29-30 0.86 0.75 1.39 31 or more 0.88 0.76 1.44 (b) Chlorine in tobacco fertilizer. If the chlorine content of any lot of fertilizer branded for tobacco is more than five-tenths of 1 percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to 10 percent of the guaranteed commercial value of the fertilizer for each additional five-tenths of 1 percent, or fraction thereof, of chlorine in excess, or fraction thereof. (c) Nitrate nitrogen. A penalty of 5 percent of the guaranteed commercial value of the total nitrogen content shall be assessed if the deficiency exceeds 10 percent of the claimed nitrate nitrogen. (d) Secondary and micro nutrients. An investigational allowance of 25 percent of the guarantee shall be allowed, up to a maximum of one-half unit of the guaranteed element for all elements stated in subparagraph (C) of paragraph (6) of Code Section 2-12-2. If the official sample shows that a commercial fertilizer is deficient in one or more of the secondary and micro nutrients, beyond the investigational allowance as provided in subsection (e) of this Code section, a penalty of $5.00 per ton per element deficient shall be assessed, provided that if two or more

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elements guaranteed are deficient, a maximum of $10.00 per ton shall be assessed. (e) Payment of penalties. All penalties must be paid within 31 calendar days after notice of assessment is made. Penalties are assessed to the licensee and must be paid to the consumer through the Commissioner by check, or in case of indebtedness of the consumer to the seller, a credit memorandum. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the licensee's license. (f) Alteration of content by nonlicensee. If a penalty is incurred as a result of a nonlicensee altering, either intentionally or nonintentionally, the content of a commercial fertilizer shipped to him by a licensee in bulk so that the result of the alteration changes the analysis of the commercial fertilizer as originally guaranteed by the licensee, the Commissioner is empowered to relieve the licensee of the liability for payment of the penalty and in lieu thereof assess the penalty against the nonlicensee who altered the commercial fertilizer, in the same manner and under the same conditions as provided by this article for assessing penalties against a licensee. 2-12-11. No person shall distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded: (1) If its labeling is false or if any misleading statements, oral or written, concerning its plant nutrient content are made in any advertising matter accompanying or associated with the commercial fertilizer; (2) If it is not labeled as required in Code Section 2-12-7 and in accordance with regulations prescribed under this article; or (3) If it purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms, such as, but not limited to, those issued by the Association of American Plant Food Control Officials. 2-12-12. No person shall distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated: (1) If it contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning

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statements or directions for use which may be necessary to protect plant life are not shown on the label; (2) If its composition falls below or differs from that which it is purported to possess by its labeling; or (3) If it contains unwanted crop seed or weed seed. 2-12-13. The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any commercial fertilizer contributes to plant growth. If any such ingredient is found to be worthless, harmful, or deceptive, he may prohibit its use or require that it be deleted from the label. 2-12-14. (a) If any commercial fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such commercial fertilizer, within 30 days after official notice from the Commissioner, shall submit to the consumer a penalty payment of four times the commercial value of the actual shortage. (b) If any commercial fertilizer sold or offered for sale is found by the Commissioner to be short of the guaranteed weight, the licensee shall adjust the invoice to the weight of the lowest found unit. 2-12-15. Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of commercial fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of commercial fertilizer to licensees. 2-12-16. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and, after a public hearing following due public notice, to enforce such reasonable rules and regulations relating to the distribution of commercial fertilizers as he finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of commercial fertilizer. 2-12-17. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license, upon satisfactory evidence that the licensee has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be

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cancelled or refused until the licensee or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard by the Commissioner or his authorized representative. 2-12-18. The Commissioner may issue and enforce a written or printed `stop sale, stop use, or removal' order to the owner or custodian of any lot of commercial fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this article until the law has been complied with and said commercial fertilizer is released in writing by the Commissioner, or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the commercial fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 2-12-19. Any lot of commercial fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction in the area in which such commercial fertilizer is located. If the court finds such commercial fertilizer to be in violation of this article and orders the condemnation of such commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state, provided that in no instance shall the disposition of such commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such commercial fertilizer or for permission to process or relabel such commercial fertilizer to bring it into compliance with this article. 2-12-20. 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 any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. 2-12-21. (a) If it shall appear from the examination of any commercial fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor,

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or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If it appears, after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner or his representative to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he believes that the public interest will be best served by a suitable notice of warning in writing or other methods. (d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. and inserting in lieu thereof a new Article 1 to read as follows: ARTICLE 1 2-12-1. This article shall be known and may be cited as the `Georgia Fertilizer Act of 1997.' 2-12-2. As used in this article, the term: (1) `Brand' means a term, design, or trademark used in connection with one or several grades of fertilizer. (2) `Bulk fertilizer' means a fertilizer distributed in a nonpackaged form. (3) `Commercial value' means the average retail value per unit of primary plant nutrient in dollars and cents. Such values shall be established by the Commissioner annually and may be established without a hearing except where objections are filed thereto. In the event written objections are filed within 20 days after establishment of such values, those objecting shall be afforded a hearing in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the effective date of such values shall be postponed pending the outcome of such hearing. The values as established by the Commissioner shall be used in computing the dollar rates of penalties as provided in this article. The commercial value as established in accordance with this article is provided as a guide in determining the

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actual value of the product and shall not in any manner attempt to fix, regulate, or control the sales price of fertilizer or fertilizer materials. `Guaranteed commercial value' means the value of a ton of fertilizer calculated by multiplying the established commercial values of the primary plant nutrients by the primary plant nutrient guarantees. `Found commercial value' means the value of a ton of fertilizer calculated by multiplying the established commercial values of the primary plant nutrients by the percentages of primary plant nutrients found by laboratory analysis. (4) `Custom-mixed specialty fertilizer' means a specialty fertilizer blended according to the specifications that are furnished to a licensee by or for a consumer prior to manufacturing. (5) `Deficiency' means the amount of nutrient, found by analysis, less than that guaranteed, which may result from a lack of nutrient ingredients or from lack of uniformity. (6) `Distribute' means to offer for sale, sell, exchange, barter, or otherwise supply or make available fertilizer in this state. (7) `Distributor' means any person who distributes. (8) `Fertilizer' means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, boiler ashes produced by the pulp and paper industry, and other products exempted by regulation by the Commissioner. (9) `Fertilizer material' means a fertilizer which either: (A) Contains important quantities of no more than one of the primary plant nutrients: nitrogen (N), phosphate (P2O5), and potash (K2O); (B) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration. (10) `Grade' means the percentage of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis; provided; however, that specialty fertilizers, fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units of less than 1 percent of total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O).

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(11) `Guaranteed analysis' means the minimum percentage of plant nutrients claimed in the following order and form: (A) Total nitrogen (N) _____ Percent (%) Available phosphate (P2O5) _____ Percent (%) Soluble potash (K2O) _____ Percent (%) (B) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate or degree of fineness, or both, may also be guaranteed; and (C) Guarantees for plant nutrients other than total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O) are permitted or may be required by regulation by the Commissioner. The guarantees for such other nutrients shall be expressed in the form of the element, or in other forms as the Commissioner may require by regulation. The source (oxides, salts, chelates, etc.) of such other nutrients may be required by regulation to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the Commissioner. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the Commissioner. (12) `Industrial by-product' means any industrial waste or by-product which contains plant nutrients. (13) `Investigational allowance' means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer. (14) `Label' means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer. (15) `Labeling' means all written, printed, or graphic matter, upon or accompanying any fertilizer or advertisements, brochures, posters, and television and radio announcements used in promoting the sale of such fertilizer. (16) `Licensee' means the person who receives a license to distribute fertilizer under the provisions of this article. (17) `Lot' means that amount of fertilizer on hand and actually covered by the official sample at the time and place of sampling. In determining plant nutrient deficiencies and penalties under this article, the term `lot' means that amount of fertilizer included in a

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single delivery. The amount of fertilizer in such delivery shall be deemed deficient and subject to the penalties provided by law, provided that at least 20 percent of such delivery is on hand at the time the official sample is drawn. (18) `Mixed fertilizer' means a fertilizer containing any combination or mixture of fertilizer materials. (19) `Official sample' means a sample of fertilizer taken by the Commissioner using methods adopted by the Commissioner by regulation in accordance with subsection (b) of Code Section 2-12-7 of this article. (20) `Percent' or `percentage' means the percentage by weight. (21) `Person' means an individual, partnership, association, firm, corporation, or any combination thereof. (22) `Primary plant nutrients' means total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (23) `Secondary' or `micro' plant nutrients means any elements or substances recognized by the Commissioner as being agronomically or horticulturally useful in promoting plant growth, other than primary plant nutrients. (24) `Specialty fertilizer' means a fertilizer distributed for nonfarm use, such as, but not limited to, home gardens, household plants, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses, and nurseries. The term `specialty fertilizer' also includes any fertilizer distributed in packages having a net weight of 10 pounds or less. (25) `Ton' means a net weight of 2,000 pounds avoirdupois. (26) `Unit' of a plant nutrient means 20 pounds or 1 percent of a ton. (27) `Unmanipulated manure' means the excreta of animals when not artificially mixed with any material or materials other than those which have been used for bedding, sanitary, or feeding purposes for such animals or for the preservation of the manure, or when such excreta has not been subjected to processing other than composting, and provided such composted products are distributed in bulk only. 2-12-3. This article shall be administered by the Commissioner of Agriculture of the State of Georgia. In such administration, the Commissioner may use any employee of the Georgia Department of Agriculture or other designated agent.

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2-12-4. (a) No person whose name appears upon the label of a fertilizer shall distribute that fertilizer in Georgia until a fertilizer license has been obtained from the Commissioner. All licenses expire on the thirtieth day of June each year. The license fee shall be $50.00 per year, and must be renewed annually with fees paid by July 1 of each year. If the license renewal fee is not paid by July 1, the applicable license fee shall increase in the manner prescribed by regulation. (b) An application for license shall be made on forms furnished by or otherwise acceptable to the Commissioner and shall include: (1) The name and address of the licensee; (2) The name and address of each production location in the state. The licensee shall inform the Commissioner in writing of any additional production locations established during the period of the license; and (3) Any other information as prescribed by regulation. (c)(1) No licensee shall distribute in this state a specialty fertilizer until it is registered with the Commissioner by the licensee whose name appears on the label, provided that custom-mixed specialty fertilizer shall not be required to be registered. An application for registration for each brand of each grade of specialty fertilizer shall be made on a form furnished by or otherwise acceptable to the Commissioner. Labels for each brand of each grade shall accompany the application. For all specialty products sold in container sizes of ten pounds or less, the annual registration fee shall be $50.00 for each brand of each grade. Such fee shall be submitted with the registration and a renewal fee of $50.00 shall be due each July 1. (2) If the registration renewal fee is not paid by July 1, the registration fee shall increase in the manner prescribed by regulation. No registration fee is required on specialty products sold in container sizes of over ten pounds. Upon the approval of the application for registration by the Commissioner, a copy of the registration shall be furnished to the applicant. Such registration shall be considered permanent so long as no changes or deviations are made in the labels of such products and the required registration fee is paid. (3) The application for registration shall include the following information: (A) The brand and grade; (B) The guaranteed analysis; (C) The sources of all plant nutrients;

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(D) The name and address of the licensee; (E) The net weight or weights; and (F) Any other information as prescribed by regulation. 2-12-5. Every nonresident licensee, at the time of licensing and before distributing his or her fertilizer product or products in this state, shall comply with Chapter 5 of this title, the `Department of Agriculture Registration, License, and Permit Act.' 2-12-6. (a) Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information: (1) Net weight; (2) Brand and grade, provided that the grade shall not be required when no primary plant nutrients are claimed; (3) Guaranteed analysis; (4) Name and address of the licensee, provided that when the product is not actually manufactured by the licensee, the name of the licensee on the label may be further qualified by either of the following statements: (A) Made for (name of licensee); or (B) Distributed by (name of licensee); (5) Sources from which all plant nutrients are derived, if added, guaranteed, claimed, or advertised; and (6) Any other information as prescribed by regulation. (b) In the case of bulk shipments, the information, as specified in paragraphs (1) through (5) of subsection (a) of this Code section in written or printed form shall accompany delivery and be supplied to the purchaser at time of delivery. (c) Custom-mixed specialty fertilizer shall be labeled as specified in paragraphs (1) through (5) of subsection (a) of this Code section. 2-12-7. (a) It shall be the duty of the Commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state and inspect the storage of bulk fertilizer at any time and place and to such extent as he or she may deem necessary to determine whether such fertilizers are in compliance with the provisions of this article. The Commissioner is

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authorized to enter upon any public or private premises or carriers during business hours in order to have access to fertilizers subject to provisions of this article and the regulations pertaining thereto, and to the records relating to their distribution and storage. (b) The methods of sampling and analysis shall be those adopted by the Commissioner by regulation. (c) The Commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided by the terms `lot' and `official sample' as defined in paragraphs (17) and (19) of Code Section 2-12-2. (d) The results of official analysis of fertilizers and portions of official samples shall be distributed by the Commissioner as provided by regulation. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report. 2-12-8. (a) There shall be paid to the Commissioner for all fertilizer distributed in this state to nonlicensees an inspection fee at the rate of 30 per ton, provided that sales or exchanges between licensees and sales of containers of ten pounds or less are exempted from such fee; and provided, further, that the Commissioner may exempt by regulation certain other types of fertilizer from the inspection fee, when deemed appropriate. (b) (1) Each licensee distributing fertilizer in this state shall file with the Commissioner a quarterly report of the total tons of fertilizer distributed by such licensee in the state to nonlicensees for the quarterly period ending on the last day of March, June, September, and December. This and such other information as the Commissioner may require by regulation shall be supplied on forms furnished by or acceptable to the Commissioner. A quarterly tonnage report is required even if no reportable tonnage has been sold, provided that licensees which only distribute specialty fertilizer in containers of ten pounds or less, shall not be required to submit these quarterly reports. (2) The report shall be due on or before 30 days following the close of the filing period, and the inspection fee at the rate stated in subsection (a) of this Code section shall be included with the report. If the tonnage report is not filed and the payment of inspection fees is not made within 30 days after the end of the specified filing period, a penalty fee of 10 percent of the amount due or $10.00, whichever is greater, shall be assessed against the licensee and added to the amount due. (3) A report not filed for six months or a fee or an assessed penalty which remains unpaid for six months shall constitute cause for the

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revocation of all registrations and licenses. Any fees owed shall constitute a debt to be collected by the Commissioner and may become the basis for legal action against the licensee. (c) When more than one person is involved in the distribution of a fertilizer, the licensee who finally distributes a fertilizer to a nonlicensee shall be responsible for reporting the tonnage and paying the inspection fees. 2-12-9. (a) Total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O). (1) If the analysis of the official sample shows that a fertilizer is deficient in one or more of its guaranteed primary plant nutrients beyond the investigational allowances set forth in the regulations, the penalty shall be 10 percent of the guaranteed commercial value of the lot. In cases where the found commercial value of the lot is less than the guaranteed commercial value of the lot, an additional penalty of two times the difference in the found commercial value of the lot and the guaranteed commercial value of the lot shall be assessed. (2) Where there is no deficiency in primary plant nutrients beyond the investigational allowances set forth in the regulations, but where the found commercial value of the lot is not at least 97 percent of the guaranteed commercial value of the lot the penalty for the lot sampled shall be four times the difference between the found commercial value of the lot and the guaranteed commercial value of the lot. (b) Chlorine in tobacco fertilizer. If the chlorine content of any lot of fertilizer branded for tobacco is more than five-tenths of 1 percent greater than the maximum amount guaranteed, a penalty shall be assessed equal to 10 percent of the guaranteed commercial value of the lot for each additional five-tenths of 1 percent, or fraction thereof, of chlorine in excess. (c) Secondary and micro plant nutrients. If the analysis of the official sample shows that a fertilizer is deficient in secondary or micro plant nutrients, beyond the investigational allowances as set forth in the regulations, a penalty of $5.00 per ton per each element found deficient shall be assessed. (d) Payment of penalties. All penalties must be paid within 31 calendar days after notice of assessment is made to the licensee. Penalties are assessed to the licensee and must be paid to the consumer through the Commissioner by check, or in case of indebtedness of the consumer to the seller, a credit memorandum. If a consumer cannot be found, the amount of the penalty payment shall be paid to the Georgia Department of Agriculture. Failure to pay penalties within 60 days after notice shall be sufficient grounds for the revocation of the licensee's license. The

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licensee who finally distributes a fertilizer to the nonlicensee shall be responsible for paying the penalty. (e) If upon satisfactory evidence, a person is shown to have altered the content of a fertilizer shipped to him or her by a licensee, either intentionally or unintentionally, or to have mixed or commingled fertilizer from two or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that person shall become responsible for obtaining a fertilizer license and shall be held liable for all penalty payments and be subject to other provisions of this article, including seizure, condemnation, and stop sale. (f) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action. 2-12-10. No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is distributed under the name of another fertilizer product; (3) It is not labeled as required in Code Section 2-12-6 and in accordance with regulations prescribed under this article; or (4) It purports to be or is represented as a fertilizer or is represented as containing a plant nutrient or fertilizer, unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by regulations of the Commissioner. In adopting such regulations the Commissioner shall give due regard to commonly accepted definitions and official fertilizer terms. 2-12-11. No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label or if adequate warning statements or directions for use which may be necessary to protect plant, animal, human, or aquatic life or soil or water are not shown upon the label; (2) Its composition falls below or differs from that which it is purported to possess by its labeling; or (3) It contains unwanted crop seed or weed seed.

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2-12-12. The Commissioner is authorized to determine whether an ingredient listed on the label or otherwise advertised as an ingredient and used in the mixing of any fertilizer contributes to plant growth. If any such ingredient is found to be worthless, harmful, or deceptive, the Commissioner may prohibit its use or require that it be deleted from the label. 2-12-13. (a) If any fertilizer in the possession of the consumer is found by the Commissioner to be short in weight, the licensee of such fertilizer shall within 30 days after official notice from the Commissioner submit to the consumer a penalty payment of four times the commercial value of the shortage in weight of the lot. (b) If any fertilizer offered for sale is found by the Commissioner to be short in weight, the fertilizer shall be returned for reprocessing at the expense of the licensee. 2-12-14. Nothing in this article shall be construed to restrict, subject to inspection fees, or regulate the sale or exchange of fertilizer to other licensees who mix fertilizer materials for sale or to prevent the free and unrestricted shipment of fertilizer to licensees. 2-12-15. For the enforcement and implementation of this article, the Commissioner is authorized to prescribe and adopt, according to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and enforce such reasonable rules and regulations relating to the distribution of fertilizers as the Commissioner finds necessary to carry into effect the full intent and meaning of this article and to ensure ethical practices in the sale, delivery, and return of fertilizer. 2-12-16. The Commissioner is authorized to revoke the license and cancel registrations of any licensee or to refuse to register products or issue a plant food license upon satisfactory evidence that the licensee or person has used fraudulent or deceptive practices in the evasion or attempted evasion of this article or of any rules and regulations promulgated under this article. No license shall be revoked or denied or no registration shall be canceled or refused until the licensee or person has been notified by certified mail, return receipt requested, of the time and place of the hearing and has been given an opportunity to appear and be heard according to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.'

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2-12-17. The Commissioner may issue and enforce a written or printed stop sale, stop use, or removal order to the owner or custodian of any lot of fertilizer and order such person to hold such lot at a designated place when the Commissioner finds said fertilizer is being offered or exposed for sale in violation of any of the provisions of this article until the law has been complied with and said fertilizer is released in writing by the Commissioner or said violation has been otherwise legally disposed of by written authority. The Commissioner shall release the fertilizer so withdrawn when the requirements of the provisions of this article have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. 2-12-18. In addition to stop sale, stop use, or removal orders, any lot of fertilizer not in compliance with the provisions of this article shall be subject to seizure on complaint of the Commissioner to the court of competent jurisdiction in the area in which such fertilizer is located. If the court finds such fertilizer to be in violation of this article and orders the condemnation of such fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of this state, provided that in no instance shall the disposition of such fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of such fertilizer or for permission to process or relabel such fertilizer to bring it into compliance with this article. 2-12-19. 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 any rule or regulation promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction may be issued without bond. 2-12-20. (a) If it shall appear from the examination of any fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant

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to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. (b) Any person violating any of the provisions of this article shall be guilty of a misdemeanor. (c) Nothing in this article shall be construed as requiring the Commissioner to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he or she believes that the public interest will be best served by a suitable notice of warning in writing or other methods. (d) It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the date on which this Act is approved by the Governor or becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. REVENUE AND TAXATION SALES AND USE TAX EXEMPTIONS; AIRCRAFT ENGINES, ENGINE PARTS, OR COMPONENTS. Code Section 48-8-3 Amended. No. 408 (House Bill No. 70). AN ACT To amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to provide for an exemption with respect to the sale or use of machinery or equipment, or both, which is used directly in the remanufacture of aircraft engines or aircraft engine parts or components; to provide for conditions and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by striking paragraph

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(34.2) and inserting in its place a new paragraph (34.2) to read as follows: (34.2) (A) The sale or use of machinery or equipment, or both, 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. (B) Any person making a sale of machinery or equipment, or both, 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 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, 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 29, 1997. INSURANCE FRAUD; AGENCY LICENSING AND REGULATION. Code Title 33 Amended. No. 409 (House Bill No. 97). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to change certain provisions relating to fees and charges generally; to change certain provisions relating to annual registration of agencies; to change certain provisions relating to license requirements; to change certain provisions relating to qualifications for license applicants; to change certain provisions relating to form and content of license applications; to change certain provisions relating to issuance and content of a license; to change certain provisions relating to grounds for refusal, suspension, or revocation of a license; to change certain provisions relating to limitation on application after refusal or revocation of a license; to change certain provisions relating to information to be furnishd by licensees; to change certain provisions relating to records of transactions; to change certain provisions relating to limitations on applicability of certain provisions; to change the definition of insuranc fraud; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to general provisions of the `Georgia Insurance Code,' is amended by striking in its entirety paragraph (1) of subsection (a) of Code Section 33-1-9, relating to insurance fraud, venue of prosecutions, and penalties, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing: (A) In any written statement or certificate; (B) In the filing of a claim; (C) In the making of an application for a policy of insurance; (D) In the receiving of such an application for a policy of insurance; or (E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer; SECTION 2. Said title is further amended by striking paragraph (1) of Code Section 33-8-1, relating to fees and charges generally, and inserting in its place the following: (1) Unless specifically provided otherwise, for each certificate of authority, original license, renewal of a certificate of authority, or renewal of a license: (A) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (new license) $ 50.00 (B) Agent, subagent, counselor, adjuster, or principal office of an insurance agency (license renewal) 50.00 (B.1) Each branch office of an insurance agency other than the principal office (new license) 10.00 (B.2) Each branch office of an insurance agency other than the principal office (license renewal) 10.00 (C) Agent certificate of authority for subagent 5.00

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(D) Automobile self-insurance 100.00 (E) Captive insurance company: Original license or certificate 600.00 Renewal license or certificate 500.00 (F) Continuing care provider 75.00 (G) Duplicate certificate of authority, license, or permit 25.00 (H) Farmers mutual fire insurance company: Original license or certificate 500.00 Renewal license or certificate 25.00 (I) Fraternal benefit society: Original license or certificate 600.00 Renewal license or certificate 500.00 (I.1) Health care corporations: Original license or certificate 600.00 Renewal license or certificate 500.00 (J) Health maintenance organization: Original license or certificate 600.00 Renewal license or certificate 500.00 (K) Insurer certificate of authority for agent 10.00 (L) Life, accident, and sickness insurance company: Original license or certificate 600.00 Renewal license or certificate 500.00 (M) Managing general agent: Original license or certificate 600.00 Renewal license or certificate 500.00 (N) Multiple employer self-insurance plan 400.00 (O) Premium finance company (full power) 500.00 (P) Premium finance company (limited power) 300.00 (Q) Preneed funeral service company 25.00 (R) Prepaid legal services plans 500.00

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(S) Private review agents: Original license or certificate 1,000.00 Renewal license or certificate 500.00 (T) Property and casualty insurance company: Original license or certificate 600.00 Renewal license or certificate 500.00 (U) Nonprofit organizations (medical service or hospital service corporation): Original license or certificate 600.00 Renewal license or certificate 500.00 (V) Rating or advisory organization 100.00 (W) Reinsurance intermediary 50.00 (X) Surplus lines broker 300.00 (Y) Third-party administrators: Original license or certificate 500.00 Renewal license or certificate 400.00 (Z) Title insurance company: Original license or certificate 600.00 Renewal license or certificate 500.00 (AA) Utilization review agent 200.00 (BB) Each vending machine licensed under Chapter 23 of this title 25.00 (CC) Workers' compensation group self-insurance fund: Original license or certificate 600.00 Renewal license or certificate 500.00 SECTION 3. Said title is further amended by striking subsection (a) of Code Section 33-23-3, relating to annual registration of agencies, and inserting in its place the following: (a) Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must obtain an agency license prior to commencement of operations and

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renew such license annually by filing application forms prescribed by the Commissioner. Such filing shall include the following: (1) Name of the agency; (2) Mailing address of the agency; (3) Location of the agency; (4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers; (5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and (6) List of insurance companies represented by the agency. SECTION 4. Said title is further amended by striking Code Section 33-23-4, relating to license requirements, and inserting in its place the following: 33-23-4. (a) No person shall act as or hold himself or herself out to be an agent, subagent, counselor, adjuster, or insurance agency in this state unless such person first procures a license from the Commissioner. (b) No agent or subagent shall solicit or take applications for, procure, or place for others any kind of insurance for which such agent or subagent is not then licensed and for which a certificate of authority is not currently on file with the Commissioner; provided, however, no certificate of authority shall be required for: (1) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; (2) An agent who places surplus lines insurance with or through a surplus lines broker, only with respect to such surplus lines insurance; or (3) An agent who, with agreement of an insurer, places a specific policy or risk with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in such form and manner as may be prescribed by the Commissioner. (c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article.

Page 1301

(d) An insurer may pay a commission or other valuable consideration to a licensed insurance agency in which all employees, stockholders, directors, or officers who solicit, negotiate, or effectuate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency. (e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (c) and (d) of this Code section. (f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by a person who has been issued a temporary license pursuant to this chapter. (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 chapter, including without limitation the requirements for certificate of authority. (h) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors. SECTION 5. Said title is further amended by striking subsection (a) of Code Section 33-23-5, relating to qualifications for license applicants, and inserting in its place the following: (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29. The Commissioner shall not issue a license to any applicant for a license other than an agency license who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection:

Page 1302

(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; (2) If applying for an agent's license for property and casualty insurance, the applicant must not use or intend to use the license for the purpose of obtaining a rebate or commission upon controlled business; and the applicant must not in any calendar year effect controlled business that will aggregate as much as 25 percent of the volume of insurance effected by such applicant during such year, as measured by the comparative amounts of premiums; (3) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license; (4) If applying for a subagent's certificate of authority, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the certificate of authority; (5) The applicant must be of good character; (6) The applicant must pass any written examination required for the license by this article; (7) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; and (8) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no applicant shall be qualified therefor or be so licensed unless he or she has: (A) Successfully completed classroom courses in insurance satisfactory to the Commissioner at a school which has been approved by the Commissioner; or (B) Completed a correspondence course in insurance approved by the Commissioner and has had at least six months of responsible

Page 1303

insurance duties as a substantially full-time bona fide employee of an agent or insurer or the managers, general agents, or representatives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed. SECTION 6. Said title is further amended by striking Code Section 33-23-8, relating to form and content of license applications, and inserting in its place the following: 33-23-8. (a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The application shall be signed and verified by the oath of the applicant. As a part of or in connection with such application other than one for an agency license, the applicant shall state the kinds of insurance proposed to be transacted and furnish information concerning the applicant's identity, personal history, experience, business history, purposes, and any other pertinent facts which the Commissioner may be rule or regulation require. (b) If the application is for an agent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent by an authorized insurer subject to issuance of the license. (c) If the application is for a subagent's certificate of authority, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a written appointment of the applicant as subagent by an agent subject to issuance of the certificate of authority. (d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in this state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract canceled and the facts of the cancellation; whether the applicant has had a certificate of authority terminated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held a license to solicit insurance in any state and whether the license has been refused, surrendered, suspended, restricted, or revoked; and such other information as the Commissioner in his or her discretion may require.

Page 1304

(e) As to any application for an agent's or subagent's license or certificate of authority, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the investigation of the applicant's character and background conducted by the insurer or agent, the fact that the insurer or agent is satisfied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the applicant be licensed as an agent or subagent to represent it in this state. (e.1) Each applicant for an agency license shall file with the Commissioner the information required under Code Section 33-23-3. (f) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law. SECTION 7. Said title is further amended by striking subsection (b) of Code Section 33-23-11, relating to issuance and content of a license, and inserting in its place the following: (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance covered if not an insurance agency license, and the other conditions of licensing. SECTION 8. Said title is further amended by striking Code Section 33-23-21, relating to grounds for refusal, suspension, or revocation of a license, and inserting in its place the following: 33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner finds that the applicant for or holder of the license: (1) Has violated any provision of this title or of any other law of this state relating to insurance; (2) Has intentionally misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;

Page 1305

(4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, agency, applicant, or a beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of an insurance policy or contract; (7) Has failed to pass an examination pursuant to this article, or cheated on any examination required for a license; (8) Has failed to comply with or has violated any proper order, rule, or regulation, issued by the Commissioner, including any order issued by the Commissioner or the Commissioner's designated representative during the course of any administrative hearing proceeding; (9) Is not in good faith carrying on business as an agent or subagent, but, on the contrary, is holding such license for the purpose of securing rebates or commissions or controlled business; (10) Is not in good faith carrying on business as a licensee under this chapter; (11) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter; (12) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk; (13) Has failed or refused, upon written demand, to pay over to any insurer, agent, agency, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, agency, applicant, beneficiary, or insured; (14) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by registered or certified mail to the last known address of the licensee as shown in the records of the Commissioner; (15) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (16) of this subsection, the term `felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term `conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (16) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where:

Page 1306

(A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (17) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority other than the Commissioner; had other disciplinary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; (18) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (15), (16), or (17) of this Code section; or (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 9. Said title is further amended by striking subsection (a) of Code Section 33-23-23, relating to limitation on application after refusal or revocation of a license, and inserting in its place the following: (a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, agency, subagent, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revocation is sought, within five years from the date of the final court order or decree affirming such refusal or revocation. SECTION 10. Said title is further amended by striking Code Section 33-23-33, relating to information to be furnished by licensees, and inserting in its place the following:

Page 1307

33-23-33. (a)(1) Every licensee under this chapter other than an insurance agency shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and address of each insurer that the licensee represents directly or indirectly; the name and address of each agency of which the licensee is proprietor; partner, officer, director, or employee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corporation owning or operating the agency. The information shall be transmitted in writing by the licensee to the Commissioner. (2) Every insurance agency licensee under this chapter shall keep the Commissioner advised of the information required under Code Section 33-23-3. (b) Any change in the information required by subsection (a) of this Code section shall be transmitted in writing to the Commissioner within 30 days of such change. The Commissioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted. SECTION 11. Said title is further amended by striking Code Section 33-23-34, relating to records of transactions, and inserting in its place the following: 33-23-34. (a) Every agent, subagent, counselor, and adjuster under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from whom business is accepted and of persons to whom commissions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasonably required by the Commissioner.

Page 1308

(b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjusted may be kept at the office of the insurer for whom the adjusted acted. (c) In the case of agents or subagents, the maintaining of the records required by this Code section at the insurance agency licensed under this chapter for which agency the transaction was undertaken shall be deemed to comply with the requirements of subsection (a) of this Code section. SECTION 12. Said title is further amended by striking Code Section 33-23-45, relating to limitations on applicability of certain provisions, and inserting in its place the following: 33-23-45. This article shall apply only with respect to acts occurring on or after July 1, 1997; provided, however, that nothing in this Code section shall prevent the Commissioner from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1, 1997. SECTION 13. This Act shall become effective on July 1, 1997. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. GENERAL ASSEMBLY POPULATION BILLS; ADDITIONAL TYPES PROHIBITED. Code Section 28-1-15 Amended. No. 410 (House Bill No. 98). AN ACT To amend Code Section 28-1-15 of the Official Code of Georgia Annotated, relating to restrictions on population bills, so as to provide for additional types of bills which shall be classified as prohibited population bills; to repeal conflicting laws; and for other purposes.

Page 1309

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 28-1-15 of the Official Code of Georgia Annotated, relating to restrictions on population bills, is amended by striking subsection (b) and inserting in its place a new subsection (b) to read as follows: (b) As used in this Code section, `political subdivision' means any county, municipality, county school district, independent school district, judicial circuit, militia district, or any other geographical area of the state which does not include the entire area of the state. SECTION 2. Said Code section is further amended by adding a new subsection immediately following subsection (c), to be designated subsection (c.1), to read as follows: (c.1)(1) A population bill shall also mean any bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions of the state with respect to the following: (A) The salary of any officer, official, or employee of a county, municipality, or other political subdivision; provided, however, that the limitation provided for in this subparagraph shall not apply to state-wide minimum salary bills for county officers which are authorized under paragraph (1) of subsection (c) of this Code section; or (B) The property, affairs, or operation of the governing authority of a county or municipality, including, but not limited to, any matters pertaining to municipal annexation, deannexation, incorporation, or dissolution. (2) Except as provided in subparagraph (A) of paragraph (1) of this subsection, any population bill which meets any of the classification criteria of this subsection shall be a prohibited population bill even if such bill is described in paragraphs (1) through (4) of subsection (c) of this Code section. Any such bill enacted prior to July 1, 1997, or which became effective July 1, 1997, may thereafter be repealed as authorized under paragraph (6) of subsection (c) of this Code section or may only be amended as authorized under paragraph (5) of subsection (c) of this Code section. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

Page 1310

CRIMES AND OFFENSES REMUNERATION OF JUDGES, PROSECUTORS, AND WITNESSES FOR CERTAIN ACTIVITIES RELATED TO CRIMINAL CASES PROHIBITED. Code Section 16-10-98 Enacted. No. 411 (House Bill No. 105). AN ACT To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit the receipt of remuneration or agreement to receive remuneration by a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a criminal case for publishing a book or article, making a public appearance, or participating in any commercial activity concerning the case; to define the time period affected; to provide that remuneration shall not include customary and ordinary compensation and expenses for public appearances; 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 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by inserting a new Code section to be designated Code Section 16-10-98 to read as follows: 16-10-98. (a) It shall be unlawful for a judge, prosecuting attorney, investigating officer, or law enforcement officer who is a witness in a case to receive or agree to receive remuneration during the period of time between indictment and the completion of direct appeal in any criminal case in which the judge, prosecuting attorney, or law enforcement officer is involved for any of the following activities: (1) Publishing a book or article concerning the case; (2) Making a public appearance concerning the case; or (3) Participating in any commercial activity concerning the case. (b) A person convicted of a violation of subsection (a) of this Code section shall be guilty of a misdemeanor. (c) For purposes of this Code section remuneration shall not be deemed to include customary and ordinary salary and benefits of the individual or customary and ordinary expenses paid for public appearances.

Page 1311

SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. CRIMES AND OFFENSES CONTROLLED SUBSTANCES; DANGEROUS DRUGS; LISTINGS; PUNISHMENTS FOR RELATED OFFENSES. Code Title 16, Chapter 13 Amended. No. 412 (House Bill No. 111). 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 provide for penalties relating to flunitrazepam; to provide for the offenses of trafficking in methamphetamine or amphetamine and provide for 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. Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by adding immediately following subparagraph (U) of paragraph (2) of Code Section 16-13-26, relating to Schedule II controlled substances, the following: (U.1) Remifentanil;. SECTION 2. Said chapter is further amended by striking from Code Section 16-13-27, relating to Schedule III controlled substances, the semicolon at the end of subparagraph (AA) of paragraph (6) and inserting a period and by striking paragraph (7) thereof which reads as follows: (7) Butorphanol. SECTION 3. Said chapter is further amended by adding in the appropriate positions in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following:

Page 1312

(2.25) Carisoprodol; (8.5) Dexfenfluramine;. SECTION 4. Said chapter is further amended by adding at the end of Code Section 16-13-30, relating to punishment for purchase and possession of controlled substances, the following: (l)(1) Any person who violates subsection (a) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than 15 years. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment for not less than five years nor more than 30 years. (2) Any person who violates subsection (b) of this Code section with respect to flunitrazepam, a Schedule IV controlled substance, 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. Upon conviction of a second or subsequent offense, such person shall be punished by imprisonment 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, but that subsection and the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense. SECTION 5. Said chapter is further amended by striking subsection (e) of Code Section 16-13-31, relating to trafficking in certain controlled substances and drugs, and inserting in its place the following: (e) Any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of 28 grams or more of methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine, as described in Schedule II, in violation of this article commits the felony offense of trafficking in methamphetamine or amphetamine and, upon conviction thereof, shall be punished as follows: (1) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 28 grams or more, but less than 200 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $200,000.00; (2) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 200 grams or more, but less than 400 grams, the person shall be sentenced to a mandatory

Page 1313

minimum term of imprisonment of 15 years and shall pay a fine of $300,000.00; and (3) If the quantity of methamphetamine, amphetamine, or a mixture containing either substance involved is 400 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $1 million. SECTION 6. Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (91.5) Bepridil HCL; (119.1) Butoconazole nitrate; (143) Carisoprodol; (152.2) Cefotaxime sodium; (152.3) Cefotetan disodium; (153.1) Cefpiramide sodium; (160.1) Ceruletide phosphate sodium; (166.5) Chlorhexidine; (218) Cromolyn; (239.5) Dapiprazole HCL; (330.5) Edetate; (331.05) Eflornithine HCL; (396) Fluoride; (420.5) Glycine; (464.1) Idarubicin HCL; (487.05) Iofetamine HCL I-123; (515.5) Levamisole HCL; (516.1) Levobunolol hydrochloride; (608) Metoclopramide injection; (619) Minoxidil; (624.7) Moricizine HCL; (625) Morrhuate sodium; (625.1) Moxalactam disodium;

Page 1314

(640.7) Nicardipine HCL; (641.1) Nicotin resin complex; (648.6) Nizatidine; (650) Nonoxynol; (692.6) Penbutolol sulfate; (766) Potassium perchlorate; (788.5) Propafenone HCL; (831.1) Ranitidine; (852.6) Selegiline HCL; (967.3) Tioconazole; (968.1) Tocainide hydrochloride; (974.5) Trazodone HCL; (983.1) Trientine hydrochloride;. SECTION 7. 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: (.05) Acarbose; (13.55) Adapalene; (17.5) Albendazole; (30.5) Amifostine; (44.7) Ammonium lactate; (50.5) Anastrozole; (72.3) Azelaic acid; (91.5) Bepridil; (97.5) Bicalutamide; (119.1) Butoconazole See exceptions; (143) Reserved; (145.8) Carvedilol; (152.2) Cefotaxime; (152.3) Cefotetan;

Page 1315

(153.1) Cefpiramide; (153.5) Ceftibuten; (160.1) Ceruletide; (160.15) Cetirizine; (166.5) Chlorhexidine See exceptions; (192.05) Cidofovir; (194.8) Cisatracurium; (213.5) Corticorelin; (217.5) Crixivan; (218) Cromolyn See exceptions; (231.5) Cyclosporine; (239.5) Dapiprazole; (260.5) Dexrazoxane; (315.5) Docetaxel; (330.5) Edetate See exceptions; (331.05) Eflornithine; (334.5) Epoprostenol; (383.5) Fexofenadine; (396) Fluoride See exceptions; (412.05) Gemcitabine; (415.05) Glimepiride; (420.5) Glycine See exceptions; (464.05) Ibutilide; (464.1) Idarubicin; (469.5) Indecainide; (470.05) Indinavir; (474.5) Interferon; (475.3) Inulin; (482.5) Iodixanol; (487.05) Iofetamine;

Page 1316

(489.2) Iothalamate; (490.5) Ioxilan; (491.7) Irinotecan; (511.3) Lamivudine; (512.7) Latanoprost; (515.5) Levamisole; (516.1) Levobunolol; (567.1) Meropenem; (608) Metoclopramide; (617.3) Mifepristone; (619) Minoxidil See exceptions; (619.3) Mirtazapine; (622.7) Moexipril; (624.7) Moricizine; (625) Morrhuate; (625.1) Moxalactam; (640.4) Nevirapine; (640.7) Nicardipine; (641.1) Nicotine resin complex (polacrilex) See exceptions; (648.6) Nizatidine See exceptions; (650) Nonoxynol See exceptions; (692.6) Penbutolol; (752.5) Porfimer; (788.5) Propafenone; (831.1) Ranitidine See exceptions; (836.5) Retinoic acid, all-trans; (842.2) Riluzole; (843.8) Ritonavir; (846.5) RSVIGIV; (851.05) Saquinavir;

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(852.6) Selegiline; (873.7) Sodium phenylbutyrate; (967.3) Tioconazole See exceptions; (968.1) Tocainide; (973.3) Topotecan; (973.8) Trandolapril; (974.5) Trazodone; (983.1) Trientine; (1002) Triprolidine; (1021.3) Urofollitropin;. SECTION 8. Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (7.1) Cimetidine when a single dosage unit is 100 mg. or less; (7.5) Clotrimazole when used as vaginal tablets up to 100 mg. in strength and topical skin or vaginal preparations up to 1.0 percent in strength; (14.1) Miconazole when used as antifungal powder, cream, or both, and containing not more that 2 percent of miconazole nitrate, and when used as vaginal tablets up to 100 mg. in strength; SECTION 9. Said chapter is further amended by adding in the appropriate positions in subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (6.4) Butoconazole when used with a strength up to 2 percent in a vaginal preparation; (6.7) Chlorhexadine when used with a strength up to 4 percent in a topical skin product; (7.1) Cimetidine when a single dosage unit is 200 mg. or less; (7.5) Clotrimazole when a single vaginal insert is 200 mg. or less or with a strength up to 1 percent in a topical skin or vaginal product; (7.8) Cromolyn when used as cromolyn sodium in a nasal solution of 4 percent or less in strength; (9.3) Edetate when used in any form other than an oral or parenteral;

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(9.7) Fluoride when used with a strength up to 1,500 parts per million in an oral care or dentifrice product; (9.8) Glycine when used with a strength up to 1.5 percent in an irrigation solution, when used in a topical skin product; (14.1) Miconazole when used as antifungal powder, cream, or both, and containing not more than 2 percent of miconazole nitrate, and when used as vaginal tablets up to 200 mg. in strength; (14.2) Minoxidil when used with a strength up to 2 percent in a topical skin product; (15.5) Nicotine resin complex (polacrilex) when used as oral chewing gum where a single dose (piece of gum) is 4 mg. or less; (16.3) Nizatidine when a single dosage unit is 75 mg. or less; (16.8) Nonoxynol when used with a strength up to 12.5 percent or 1 gram per dose in a vaginal product; (23.5) Ranitidine when a single dosage unit is 75 mg. or less; (27.5) Tioconazole when used with a strength up to 1 percent in a topical product;. SECTION 10. Said chapter is further amended by adding in the appropriate position in subsection (d) of Code Section 16-13-71, listing the dangerous drugs, the following: (37.5) Potassium perchlorate;. 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 29, 1997.

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COURTS DISTRICT ATTORNEYS' OFFICES; COMPREHENSIVE REVISION OF PROVISIONS RELATED TO PERSONNEL, ADMINISTRATION, AND BUDGETING; PROSECUTING ATTORNEYS' COUNCIL OF THE STATE OF GEORGIA; SOLICITORS-GENERAL OF STATE COURTS; COMPENSATION. Code Title 15, Chapter 18 Amended. No. 413 (House Bill No. 124). AN ACT To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys and solicitors-general of state courts, so as to comprehensively revise the laws of this state relating to the personnel, administration, and budgeting for district attorneys' offices of this state; to amend the duties of district attorneys so as to authorize district attorneys to provide assistance to law enforcement; to repeal the provisions relating to the appointment of district attorneys as counsel for state officers investigated, charged, accused, or indicated for federal violations in the performance of their duties; to change the method of payment of compensation of district attorneys and provisions related to compensation; to change the provisions relating to travel expenses of district attorneys and their personnel; to authorize payment of expenses for the operation of government vehicles; to transfer responsibility for paying filing fees and costs in appellate courts to the Prosecuting Attorneys' Council of the State of Georgia; to change the provisions relating to the appointment, qualifications, and compensation of state paid assistant district attorneys; to change the provisions relating to the appointment and compensation of state paid investigators; to provide for the appointment of victim assistance personnel; to change the provisions relating to the appointment, qualifications, and compensation of legal secretaries and administrative assistants; to amend the provisions relating to county paid-state reimbursed personnel so as to change the application of said provisions so as to apply to personnel hired prior to a specified date; to provide for definitions; to provide for uniform administrative, travel, and personnel rules; to provide for annual budgets; to provide for the transfer of certain functions from the Department of Administrative Services to the Prosecuting Attorneys' Council of the State of Georgia; to provide that local governments may contract with the Department of Administrative Services to provide certain payroll and fringe benefits for additional personnel provided to the district attorneys by counties; to provide for use of certain law students and law school staff instructors as legal assistants to solicitors of municipal and recorders' courts; to change the duties of the Prosecuting Attorneys' Council of the State of Georgia relative to the budgeting and contracting for prosecuting attorneys; to authorize and direct the Department of Administrative Services to transfer certain funds; to provide that certain policies, rules, and regulations shall remain in force until superseded; to provide for related matters; to provide for compensation of solicitors-general of state courts; to authorize county governing authorities to supplement such compensation; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, is amended by striking paragraph (7) of Code Section 15-18-6, relating to the duties of district attorneys, and inserting in lieu thereof the following: (7) To advise law enforcement officers concerning the sufficiency of evidence, warrants, and similar matters relating to the investigation and prosecution of criminal offenses; SECTION 2. Said chapter is further amended by striking Code Section 15-18-8, relating to the appointment of district attorneys as counsel for state officers investigated, charged, accused, or indicted for federal violations in the performance of their duties, and inserting in its place the following: 15-18-8. Reserved. SECTION 3. Said chapter is further amended by striking subsections (a) and (b) of Code Section 15-18-10, relating to compensation of district attorneys, and inserting in lieu thereof the following: (a) Each district attorney shall receive an annual salary from state funds as prescribed by law. Such salary shall be paid as provided in Code Section 15-18-19. (b) The county or counties comprising the judicial circuit may supplement the salary of the district attorney in such amount as is or may be authorized by local Act or in such amount as may be determined by the governing authority of such county or counties, whichever is greater. SECTION 4. Said chapter is further amended by striking subsection (d) of Code Section 15-18-12, relating to travel expenses of the district attorneys, and inserting in lieu thereof the following: (d)(1) 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 government owned vehicle and vehicle

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expenses, in which event the Prosecuting Attorneys' Council of the State 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. (2) Subject to the budget established for the judicial circuit, the Prosecuting Attorneys' Council of the State of Georgia may pay the actual costs incurred by the district attorney's office for the operation of state owned motor vehicles. The Prosecuting Attorneys' Council of the State of Georgia shall adopt rules governing the operation of such vehicles. SECTION 5. Said chapter is further amended by striking Code Section 15-18-13, relating to payment of costs in appellate courts, and inserting in lieu thereof the following: 15-18-13. The bill of costs and any filing fees in appeals or applications filed in the Supreme Court or the Court of Appeals on behalf of the state by a district attorney shall be paid by the Prosecuting Attorneys' Council of the State of Georgia out of such funds as may be appropriated for the operations of the district attorneys. SECTION 6. Said chapter is further amended by striking Code Section 15-18-14, relating to assistant district attorneys, and inserting in lieu thereof the following: 15-18-14. (a) As used in this Code section, the term: (1) `Active practice of law' means experience as an attorney engaged in the private practice of law or an attorney employed as such by a corporation, partnership, or government agency or an attorney employed on a full-time basis as a law clerk for a judge of a court of record. If an attorney shall have been disbarred, any period of practice of law prior to such disbarment shall not constitute active practice of law. (2) `Break in service' means a separation from service on a full-time basis as a prosecuting attorney or as an employee of the State of Georgia for a period of six months or more. Any such separation for a period of less than six months shall not constitute a break in service. (3) `Compensation of the district attorney' means the annual salary of the district attorney paid from state funds, excluding any local supplements to the state salary.

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(4) `LL.M. or S.J.D. degree' means a master's in law or doctorate in jurisprudence awarded: (A) By a law school recognized by the State Bar of Georgia from which a graduate of or student enrolled therein is permitted to take the bar examination; or (B) By a law school accredited by the American Bar Association or the Association of American Law Schools; provided, however, that the course of study in law schools described in subparagraph (A) of this paragraph shall at least be equivalent in terms of hours and subject matter as the course of study offered in law schools described in subparagraph (B) of this paragraph, and the course of study offered in all law schools described in this paragraph shall have been approved by the Prosecuting Attorneys' Council of the State of Georgia. (5) `Prosecuting attorney' means a person who serves on a full-time basis as: (A) A district attorney; (B) An assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; (C) A solicitor-general or assistant solicitor-general of a state court; (D) A solicitor or assistant solicitor of a juvenile court of this state or any political subdivision thereof; (E) An attorney employed by the Attorney General of this state; (F) An attorney employed by the United States Department of Justice; (G) An attorney who holds elected or appointed office as or is employed 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; (H) An attorney employed by the Prosecuting Attorneys' Council of the State of Georgia; (I) An attorney employed as an assistant district attorney, pursuant to a contract with the Department of Human Resources, 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'; (J) A third-year law student under the authority of Code Section 15-18-22 or as otherwise provided for by rule of the Supreme Court of Georgia; or

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(K) An attorney serving on active duty with the armed forces of the United States, including the United States Coast Guard, with responsibility for the prosecution of offenses under the Uniform Code of Military Justice, as amended. (6) `State' includes the District of Columbia and any territory, possession, or dominion of the United States. (b) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint: (1) One attorney for each superior court judge authorized for the circuit, excluding senior judges, plus one additional attorney to assist the district attorney in the performance of the duties of the district attorney's office and consistent with their constitutional and statutory duties to protect the rights of victims of crimes as now or in the future may be defined by applicable law. (2) Subject to the availability of funding and at the option of the Department of Human Resources, at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the `Child Support Recovery Act,' and Article 2 of Chapter 11 of Title 19, the `Uniform Reciprocal Enforcement of Support Act.' The district attorney retains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit. (c) Each attorney appointed pursuant to subsection (b) of this Code section shall be classified based on education, training, and experience. The classes of attorneys and the minimum qualifications required for appointment or promotion to each class shall be as follows: (1) Assistant district attorney I. Meet the qualifications specified by subsection (b) of Code Section 15-18-21; (2) Assistant district attorney II. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in the active practice of law for not less than three years or have been a prosecuting attorney for not less than two years;

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(3) Assistant district attorney III. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member in good standing of the State Bar of Georgia engaged in active practice of law for not less than four years or have been a prosecuting attorney for not less than three years; and (4) Assistant district attorney IV. Meet the qualifications specified by subsection (b) of Code Section 15-18-21 and have been a member of the State Bar of Georgia engaged in the active practice of law for not less than six years or have been a prosecuting attorney for not less than five years, at least two of which were as a prosecuting attorney of the State of Georgia or any of its political subdivisions or as a prosecuting attorney for the United States within the State of Georgia. (d) Except as otherwise provided in Code Section 15-18-15, each attorney appointed pursuant to this Code section shall be compensated based on a salary schedule provided for in subsection (e) of this Code section. The salary range for each class established in subsection (c) of this Code section shall be as follows: (1) Assistant district attorney I. Not less than $27,696.00 nor more than 65 percent of the compensation of the district attorney; (2) Assistant district attorney II. Not less than $30,552.00 nor more than 70 percent of the compensation of the district attorney; (3) Assistant district attorney III. Not less than $37,140.00 nor more than 80 percent of the compensation of the district attorney; and (4) Assistant district attorney IV. Not less than $42,966.00 nor more than 90 percent of the compensation of the district attorney. (e) Subject to the salary range established by subsection (d) of this Code section, the Prosecuting Attorney's Council of the State of Georgia shall develop and promulgate a salary schedule for each class of attorney as provided in Code Section 15-18-19. (f)(1) All personnel actions involving attorneys appointed pursuant to this Code section shall be made by the district attorney in writing in accordance with the provisions of Code Section 15-18-19. (2) The following requirements shall apply to the appointment of attorneys: (A) Except as otherwise provided by subparagraphs (B) through (F) of this paragraph and by Code Section 15-18-19, all attorneys shall be appointed in the entry grade established for the class for which the district attorney determines they are qualified; (B) Any person who shall have successfully completed a prosecutorial clinic established at a law school accredited by the American Bar Association, which has been approved by the Prosecuting

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Attorneys' Council of the State of Georgia, may be appointed as an assistant district attorney I at the salary step which is one step above the entry step; (C) Any person who shall have served as a peace officer of this state or of the United States on a full-time basis or shall have served as a forensic scientist of the Division of Forensic Sciences of the Georgia Bureau of Investigation or a comparable agency of the United States or any of the several states may be appointed as an assistant district attorney I at the salary step which is one step above the entry grade; (D) Any person employed as a prosecuting attorney by the Attorney General of this state, the Prosecuting Attorneys' Council of the State of Georgia, or the United States Department of Justice who is appointed to an attorney position without a break in service may be appointed to the appropriate class at the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment; (E) Any person who is appointed as a state paid assistant district attorney and who has attained, in addition to a J.D. or LL.B. degree, and LL.M. or S.J.D. degree may be appointed at a salary step which is two steps higher than the salary step for which such person is otherwise qualified; and (F) Any person who is eligible for appointment as assistant district attorney IV who has been engaged in the active practice of law for more than ten years may be appointed at a salary step above the entry level on the basis of one step for every three years of experience over ten years. (3) Except as provided in subsection (g) of this Code section, the provisions of paragraph (2) of this subsection shall not apply to personnel who transfer from a nonstate paid attorney position to a state paid position or to transfer from one district attorney's office to another. (g) Any person who is employed in a nonstate paid attorney position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the appropriate class at a salary step which is based on the number of years the person has served in the attorney position as if the person had been initially appointed pursuant to this Code section. Any person employed as a state paid attorney with a district attorney's office who accepts an appointment in another district attorney's office without a break in service shall be considered to have transferred and such transfer shall be to the same class at the same salary step. (h)(1) All salary advancements shall be based on quality of work, education, and performance.

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(2) The salary of an attorney appointed pursuant to this Code section may be advanced one step at the first of the calendar month following the anniversary of such attorney's appointment. (3) Any attorney who, subsequent to his or her appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree may be advanced two salary steps effective on the first day of the calendar month following the award of the degree, provided that such advancement does not exceed the maximum of the salary range applicable to the attorney's class. (i) Any attorney appointed pursuant to this Code section may be promoted to the next highest class at any time the attorney meets the minimum qualifications provided for in subsection (c) of this Code section, but in order to be eligible for promotion, the attorney shall have served not less than 12 months in the class from which the attorney is to be promoted. When an attorney is promoted to the next highest class, the attorney shall enter the higher class at the salary step which provides an annual salary nearest to, but greater than, the annual salary the attorney was receiving immediately prior to the promotion. SECTION 7. Said chapter is further amended by striking subsections (d) through (m) of Code Section 15-18-14.1, relating to district attorney investigators, and inserting in lieu thereof the following: (d) Each investigator appointed pursuant to this Code section shall be compensated based on a salary schedule established pursuant to Code Section 15-18-19. The salary range for the investigator appointed pursuant to this Code section shall be not less than $23,490.00 nor more than 70 percent of the compensation of the district attorney from state funds. (e)(1) Except as otherwise provided in this subsection, a district attorney investigator shall be appointed initially to the entry grade of the general pay schedule. (2) Any person who is employed in a nonstate paid investigator's position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the investigator position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a peace officer by an agency of the executive branch of state government who is appointed as an investigator pursuant to this Code section without a break in service, as defined in Code Section 15-18-14, may be appointed to the salary step which is one step above the annual salary such person received on the last day of employment immediately preceding said appointment.

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(4) Any person who was a certified peace officer employed on a full-time basis by this state, the United States or any of the several states, or a political subdivision or authority thereof, may be appointed to the salary step above the entry level based on one step for every three years experience as a full-time certified peace officer. (f) 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. SECTION 8. Said chapter is further amended by inserting after Code Section 15-18-14.1, a new Code Section 15-18-14.2, to read as follows: 15-18-14.2. (a) Subject to such funds as may be appropriated by the General Assembly or which are otherwise available to the State of Georgia for such purpose, the district attorney is authorized to employ a victim assistance coordinator and such other victim assistance personnel as may be necessary to assist the district attorney in carrying out the duties imposed by Chapter 17 of Title 17 relating to the rights of victims of crime or other laws of this state relating to the rights of victims of crimes. Any such personnel shall be compensated by the state in the same manner as other state paid personnel appointed pursuant to this article from such funds as may be appropriated for such purpose or as are otherwise available for such purpose. Such personnel shall also be authorized to receive the same fringe benefits as other state paid personnel. (b) Subject to the provisions of Code Section 15-18-19, the district attorney shall fix the compensation of each person appointed pursuant to this Code section; provided, however, that the maximum salary for any such position shall not exceed 70 percent of the annual salary of the district attorney from state funds. (c) Each person employed as a victim assistance coordinator or victims advocate shall complete an initial training program prescribed by the Prosecuting Attorneys' Council of the State of Georgia within 12 months of such employment and such in-service training as the council shall by rule prescribe. (d) Not later than June 1 of each year, the Prosecuting Attorneys' Council of the State of Georgia shall furnish to each district attorney and the Department of Administrative Services a budget for the judicial circuit based on the amount appropriated by the General Assembly or otherwise available for personnel and operations of victim assistance programs authorized by this Code section.

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SECTION 9. Said chapter is further amended by striking subsection (c) of Code Section 15-18-15, relating to chief assistant district attorneys, in its entirety and inserting in lieu thereof the following: (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 based on the salary schedule developed by the Prosecuting Attorneys' Council of the State of Georgia pursuant to Code Section 15-18-19. SECTION 10. Said chapter is further amended by striking Code Section 15-18-17, relating to employment of secretaries for district attorneys, which reads as follows: 15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. Each secretary so employed shall be an employee of the judicial branch of state government and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Secretaries employed pursuant to this Code section shall serve at the pleasure of the district attorney who employed them and shall perform such duties and assignments as shall be prescribed by the district attorney. (c)(1) The base annual salary of each secretary shall be established on a pay schedule beginning at Step 1 which shall be $13,956.00 annually and ending at Step 7 which shall be $18,703.00 annually. After Step 7 there shall be four additional steps known as Step L-1 through Step L-4. Step L-1 shall be $23,536.05 annually and Step L-4 shall be $27,244.50 annually. Each step within said schedule shall be equal to an amount 5 percent greater than the previous step. (2)(A) Each step on said pay schedule to be paid from state funds shall be increased in the same manner, effective on the same date, as may be appropriated for any across-the-board increase for members of the classified service of the State Merit System of Personnel Administration which is effective after June 30, 1990. (B) Each step on said pay schedule to be paid from state funds shall be increased on the effective date of any action by the State Personnel Board which takes effect after June 30, 1989, and which increases all merit system classes one or more pay grades. The amount of such increase shall be 5 percent for each pay grade that the merit system classes are increased. If the action of the State Personnel Board provides for employees to move to a new pay grade

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without increase, except where it is necessary to bring employees to the minimum step of the new pay grade, then the same provision shall operate to keep secretaries at the same salary, except where it is necessary to bring a secretary to the new salary for Step 1. (3) Each district attorney may grant to each secretary a merit increase equal to one step on Steps 1 through 7 of the pay schedule, or any revised pay schedule, upon completion of one year of service under this schedule or at any time not less than 12 months since the last merit increase under this or any previously existing laws or at any time not less than 12 months since the employees' original date of continuous employment if no merit increase has been granted under previously existing laws. Each district attorney may grant to each secretary who has advanced to Step 7 or above a merit increase in Lteps L-1 through L-4 at any time not less than 24 months since the last merit increase under this or any previously existing laws. (4) Each secretary employed on July 1, 1985, shall be: (A) Placed upon the appropriate step of the pay schedule so as to give credit for previous merit increases received through July 1, 1985; or (B) Placed upon the next higher step of the secretary's current salary is greater than the step to which the secretary would be entitled by virtue of subparagraph (A) of this paragraph, subject to the provisions of paragraph (3) of this subsection. (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 secretary employed under Code Section 15-6-25, authorizing the employment of superior court judges' secretaries, may transfer to this pay schedule upon appointment as a secretary to a district attorney 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. (d) The compensation of each secretary shall be paid in equal monthly installments from state funds appropriated or otherwise available for the operation of the superior courts. (e) In addition to the salary paid to each secretary, any employer's contribution required by the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as the same may now or hereafter be amended, or by any regulations or requirements issued pursuant thereto, shall also be paid from funds appropriated or otherwise made available for the operation of the superior courts., and inserting in lieu thereof a new Code Section 15-18-17 to read as follows:

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15-18-17. (a) Each district attorney is authorized to employ two legal secretaries. (b) (1) Except as otherwise provided in this subsection, legal secretaries appointed pursuant to this Code section shall be compensated based on a salary schedule developed in accordance with Code Section 15-18-19. (2) Any person who is employed in a nonstate paid secretarial position within a district attorney's office may be transferred to a state paid position. Such transfer shall be to the salary step which is based on the number of years the person has served in the secretarial position as if the person had been initially appointed pursuant to this Code section. (3) Any person who is employed as a state paid secretary to a superior court judge pursuant to Chapter 6 of this title and who is appointed as a legal secretary pursuant to this Code section without a break in service may be appointed to the salary step which is equal to the compensation such person received as a secretary for said judge. (4) Any person employed in a comparable clerical or secretarial position by an agency of this state who is appointed to a secretarial position pursuant to this Code section without a break in service may be appointed to the salary step which is one step above the annual salary received by such person on the last day of employment immediately preceding said appointment. (5) Any person employed as a legal secretary on July 1, 1997, shall be appointed to the appropriate step which provides an annual salary nearest to, but greater than, the annual salary such secretary was receiving on July 1, 1997. (c) All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-18-19. SECTION 11. Said chapter is further amended by striking Code Section 15-18-18, relating to alternate hiring procedures for secretaries, and inserting in lieu thereof the following: 15-18-18. (a) In lieu of hiring a secretary under Code Section 15-18-17, each district attorney, with the written consent of the governing authority of any county or counties within his or her judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. Upon employing the

Page 1331

secretary, it shall be the duty of the district attorney to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the district attorney to notify the commissioner of any change in the status or compensation of the secretary. The commissioner of administrative services shall reimburse the county or counties paying the compensation from funds appropriated or otherwise available for the operation of the superior courts for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended; but such payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-18-17. (b) The provisions of this Code section shall apply only to those personnel employed prior to July 1, 1997. In the event of any vacancy which occurs after July 1, 1997, in a position heretofore compensated by a county pursuant to this Code section, said vacancy shall be filled as provided in Code Section 15-18-17. SECTION 12. Said chapter is further amended by striking Code Section 15-18-19, relating to county supplements for secretaries of district attorneys, which reads as follows: 15-18-19. Any law to the contrary notwithstanding, the county or counties comprising each judicial circuit within this state are authorized to supplement the compensation of any secretary employed by any district attorney, including those secretaries employed by or paid from the funds of the state., and inserting in lieu thereof a new Code Section 15-18-19 to read as follows: 15-18-19. (a) All state paid personnel employed by the district attorneys pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution of Georgia and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed by the district attorneys pursuant to this article shall have such authority, duties, powers, and responsibilities as are authorized by law or as assigned by the district attorney and shall serve at the pleasure of the district attorney. (c) Subject to the provisions of this chapter, the Prosecuting Attorneys' Council of the State of Georgia shall, with the advice and consent of a

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majority of the district attorneys, adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the district attorneys. Such policies, rules, and regulations may include provisions for the appointment, classification, promotion, transfer, demotion, leave, travel, records, reports, and training of personnel. Such policies, rules, and regulations shall be consistent with the duties, responsibilities, and powers of the district attorneys under the Constitution and laws of this state and the rules of the trial and appellate courts. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of said policy, rule, regulation, or amendment to all district attorneys and the presiding officers of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate. (d) District attorneys and state paid personnel employed by the district attorney shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council pursuant to subsection (a) of this Code section. Subject to the provisions of Code Section 47-2-91, district attorneys who are members of either the District Attorneys' Retirement System or the Employees' Retirement System of Georgia shall also be entitled to receive creditable service for any forfeited annual or sick leave. (e)(1) The council shall establish salary schedules for each such state paid position authorized by this article or any other provision of law. Said salary schedules shall be similar to the general and special schedules adopted by the State Merit System of Personnel Administration and shall provide for a minimum entry step and not less than ten additional steps, not to exceed the maximum allowable salary. In establishing the salary schedule, all amounts will be rounded off to the nearest whole dollar. The council may, from time to time, revise the salary schedule to include across the board increases which the General Assembly may from time to time authorize in the General Appropriations Act. (2) The district attorney shall fix the compensation of each state paid employee appointed pursuant to this article in accordance with the class to which such person is appointed and the appropriate step of the salary schedule. (3) All salary advancements shall be based on quality of work, training, and performance. The salary of state paid personnel appointed pursuant to this article may be advanced one step at the first of the calendar month following the annual anniversary of such person's appointment. No employee's salary shall be advanced beyond the maximum established in the applicable pay schedule. (4) Any reduction in salary shall be made in accordance with the salary schedule for such position and the policies, rules, or regulations adopted by the council.

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(5) The compensation of state paid personnel appointed pursuant to this article shall be paid in equal installments by the Department of Administrative Services as provided by this subsection from funds appropriated for such purpose. The council may, with the consent of the Department of Administrative Services, authorize employees compensated pursuant to this Code section to participate in voluntary salary deductions as provided by Article 3 of Chapter 7 of Title 45. (6) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. (7) The governing authority of any municipality within the judicial circuit may, with the approval of the district attorney, supplement the salary or fringe benefits of any state paid position appointed pursuant to this article. SECTION 13. Said chapter is further amended by inserting after Code Section 15-18-20 a new Code Section 15-18-20.1 to read as follows: 15-18-20.1 Notwithstanding any other provision of law, the governing authority of any county or municipality within the judicial circuit which provides additional personnel for the office of district attorney may contract with the Department of Administrative Services to provide such additional personnel in the same manner as is provided for state paid personnel in this article. Any such personnel shall be considered state employees and shall be entitled to the same fringe benefits as other state paid personnel employed by the district attorney pursuant to this article. The governing authority of such county or municipality shall transfer to the department such funds as may be necessary to cover the compensation, benefits, travel, and other expenses for such personnel. SECTION 14. Said chapter is further amended by striking in its entirety paragraph (2) of subsection (c) of Code Section 15-18-22, known as The Law School Public Prosecutor Act of 1970, and inserting in lieu thereof the following: (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 or solicitor of a state, municipal, or recorder's court or any assistants of such officers. SECTION 15. Said chapter is further amended by adding at the end of Code Section 15-18-40, relating to the establishment, purpose, and functions of the

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Prosecuting Attorneys' Council of the State of Georgia, a new subsection (c) to read as follows: (c) The council: (1) Shall be the fiscal officer for the prosecuting attorneys and shall prepare and submit budget estimates of state appropriations necessary for the maintenance and operation of the district attorneys' and solicitors-general's offices; and (2) From such funds as may be appropriated or otherwise available for the operation of the superior courts or prosecuting attorneys, may provide such administrative functions, services, supplies, equipment, or operating expenses as may be necessary for the fulfillment of the duties and responsibilities of such prosecuting attorneys and may contract with the Department of Administrative Services or any other department, bureau, agency, commission, institution, or authority of this state or any other entity for such purpose. SECTION 16. The Department of Administrative Services is authorized and directed to transfer to the Prosecuting Attorneys' Council of the State of Georgia such funds as may be necessary to carry out the provisions of Section 5 of this Act. SECTION 17. Any policies, rules, or regulations relating to the appointment, classification, promotion, transfer, demotion, leave, travel, records, reports, or training of state paid district attorneys' personnel which are in effect on the effective date of this Act shall remain in full force and effect until such time as they are superseded by such policies, rules, or regulations adopted in accordance with Section 11 of this Act. SECTION 18. Said Chapter 18 of Title 15 of the Official Code of Georgia Annotated is further amended in Article 3, relating to solicitors-general of the state courts, by striking in its entirety Code Section 15-18-67, which reads as follows: 15-18-67. Reserved., and inserting in lieu thereof the following: 15-18-67. (a) Solicitors-general of state courts shall be compensated from county funds as provided by local law.

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(b) The county governing authority is authorized to supplement the minimum compensation to be paid to the solicitor-general of the state court of that county as provided by local law, but no solicitor-general's compensation or supplement shall be decreased during his or her term of office. SECTION 19. (a) Notwithstanding the provisions of Code Section 1-3-4.1 and except as provided in subsection (b) of this section, this Act shall become effective on July 1, 1997. (b) Section 8 of this Act shall become effective on July 1, 1998. SECTION 20. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. COURTS SUPERIOR COURTS; PERSONNEL EMPLOYED WITHIN JUDGES' OFFICES; RELATED POLICIES OF COUNCIL OF SUPERIOR COURT JUDGES OF GEORGIA. Code Title 15, Chapter 6, Article 1 Amended. No. 414 (House Bill No. 125). 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 superior courts, so as to provide for employment, compensation, expenses, and benefits of personnel employed within the offices of superior court judges; to provide for the status, authority, policies, leave, compensation, expenses, supplies, supplements, and alternative procedures related to or applicable to personnel in the offices of superior court judges; to provide for the reimbursement of counties under certain circumstances; to provide for powers of The Council of Superior Court Judges 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. Article 1 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to superior courts, is amended by striking Code Section 15-6-25, relating to employment and compensation of secretaries of superior court judges, and inserting in lieu thereof a new Code Section 15-6-25 to read as follows:

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15-6-25. (a) Each superior court judge is authorized to employ a secretary. (b) All personnel actions involving secretaries appointed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27. SECTION 2. Said article is further amended by striking Code Section 15-6-26, relating to county supplements for secretaries of superior court judges, which reads as follows: 15-6-26. Any law to the contrary notwithstanding, each county within this state is authorized to supplement the compensation of any secretary employed by any judge of the superior court, including those secretaries employed by or paid from the funds of the state., and inserting in lieu thereof the following: 15-6-26. Reserved. SECTION 3. Said article is further amended by striking Code Section 15-6-27, relating to alternative procedures for hiring secretaries, which reads as follows: 15-6-27. (a) In lieu of hiring a secretary under Code Section 15-6-25, each superior court judge, with the written consent of the governing authority of any county or counties within his judicial circuit, may employ a secretary who shall be an employee of the county which pays the compensation of the secretary and in which the governing authority has given its consent to compensate the secretary. (b) Upon employing such secretary, it shall be the duty of the judge to notify the commissioner of administrative services of such fact and of the amount of the compensation to be paid to the secretary. It shall be the further duty of the judge to notify the commissioner of any change in the status or compensation of the secretary. (c) The commissioner of administrative services shall reimburse the county or counties paying the compensation, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to the secretary plus any employer contribution paid for the secretary under the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the

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payments shall not exceed the maximum amount payable directly to or for a secretary under Code Section 15-6-25., and inserting in lieu thereof a new Code Section 15-6-27 to read as follows: 15-6-27. (a) All state paid personnel employed by the superior court judges pursuant to this article shall be employees of the judicial branch of state government in accordance with Article VI, Section VIII of the Constitution and shall be in the unclassified service of the State Merit System of Personnel Administration. (b) Personnel employed pursuant to this Code section shall have such authority, duties, powers, and responsibilities as are assigned by the appointing superior court judge or as authorized by law or by the uniform policies and procedures established by The Council of Superior Court Judges of Georgia and shall serve at the pleasure of the superior court judge. (c) Subject to the provisions of this Code section, The Council of Superior Court Judges of Georgia shall adopt and amend uniform policies, rules, and regulations which shall apply to all state paid personnel employed by the superior court judges. Such policies, rules, and regulations may include provisions for appointment, classification, transfers, leave, travel, records, reports, and training of personnel. To the maximum extent possible and consistent with the duties and responsibilities of the superior court judges and the rules of the trial and appellate courts, such policies, rules, and regulations shall be similar to policies, rules, and regulations governing other state employees; provided, however, no policy shall be implemented which reduces the salary of any personnel employed on the effective date of this Act. Not less than 30 days prior to taking final action on any proposed policy, rule, or regulation adopted pursuant to this Code section, or any amendment thereto, the council shall transmit a copy of the policy, rule, regulation, or amendment to all superior court judges and the chairpersons of the Judiciary Committee of the House of Representatives and the Judiciary Committee of the Senate. (d) State paid personnel employed by a superior court judge shall be entitled to annual, sick, and other leave authorized by the policies, rules, or regulations adopted by the council. (e) Subject to the provisions of Code Sections 15-6-25 and 15-6-28, the council shall annually promulgate salary schedules for each state paid position. Salaries shall be paid in equal installments from state funds appropriated or otherwise available for the operation of the superior courts. (f) Personnel compensated by the state pursuant to this article shall be entitled to receive, in addition to such other compensation as may be

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provided by law, reimbursement for actual expenses incurred in the performance of their official duties in accordance with the rules and regulations established pursuant to Article 2 of Chapter 7 of Title 45. Such reimbursement shall be made from state funds appropriated or otherwise available for the operation of the superior courts. (g) Personnel compensated by the state pursuant to this article are authorized to purchase such supplies and equipment as may be necessary to enable them to carry out their duties and responsibilities. The funds necessary to pay for such supplies and equipment shall come from funds appropriated or otherwise available for the operation of the superior courts. (h) The governing authority of the county or counties comprising a judicial circuit may supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (i) The governing authority of any municipality within the judicial circuit may, with the approval of the superior court judge, supplement the salary or fringe benefits of any state paid personnel appointed pursuant to this article. (j) In lieu of hiring personnel under this article, superior court judges, with the written consent of the governing authority of any county or counties within a judicial circuit, may employ personnel who shall be employees of the county which pays the compensation of the personnel. The county shall be reimbursed, from funds appropriated or otherwise available for the operation of the superior courts, for the compensation paid to the personnel plus any employer contribution paid for the personnel under the act of Congress, approved August 14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the payments shall not exceed the maximum amount payable directly to or for the personnel as promulgated by The Council of Superior Court Judges for state paid personnel. In the event of any vacancy which occurs after July 1, 1997, in a position compensated by a county pursuant to this Code section, the vacancy may be filled as provided in Code Section 15-6-25. SECTION 4. Said article is further amended by striking Code Section 15-6-28, relating to law clerks and court administrators for judicial circuits, and inserting in lieu thereof a new Code Section 15-6-28 to read as follows: 15-6-28. (a) The chief judge of each judicial circuit is authorized to employ either one law clerk or one court administrator for the circuit. (b) The chief judge of a judicial circuit wherein there is located an institution of the state designated by the Department of Corrections for carrying out the death sentence is authorized to employ a law clerk

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whose primary duty shall be to assist the court in handling appeals made by individuals awaiting execution. (c) All personnel actions involving law clerks and court administrators employed pursuant to this Code section shall be in accordance with the provisions of Code Section 15-6-27. SECTION 5. Said article is further amended by striking Code Section 15-6-28.1, relating to the employment of law clerks by chief judges of circuits having institutions for carrying out death sentences, and inserting in lieu thereof the following: 15-6-28.1. Reserved. SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on the first day of July immediately following the approval of this Act by the Governor or its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. HEALTH BEDDING ARTICLES; PROVISIONS REPEALED. Code Title 31, Chapter 25 Repealed. No. 415 (House Bill No. 127). AN ACT To amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal Chapter 25, relating to articles of bedding; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking Chapter 25, relating to articles of bedding, which reads as follows: CHAPTER 25 31-25-1. As used in this chapter, the term:

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(1) `Articles of bedding' means any of the following types of goods which are intended for use by any human being for sleeping purposes: any mattress, mattress pad, mattress protector, upholstered spring, comforter, quilted pad, quilt, cushion, or pillow which is stuffed or filled in whole or part with concealed material and which is not smaller than 12 inches in its greatest dimensions. (2) `Felt' means material which has been carded in layers by a Garnett machine. (3) `Manufacturer' means a person who either by himself or through employees or agents makes any article of bedding in whole or in part or who does the upholstery or covering of any unit thereof, using either new or previously used material. (4) `New material' means any material which has not been used in the manufacture of another article or used for any other purpose. (5) `Person' means any individual, corporation, partnership, or association. (6) `Previously used material' means any material, including jute and shearings, which has been used in the manufacture of another article and subsequently torn, shredded, picked apart, or otherwise disintegrated. (7) `Renovator' or `reupholsterer' means any person who repairs, makes over, re-covers, restores, or renews any article of bedding for the owner for consideration. (8) `Sell' means sell, offer to sell, barter, trade, rent, or possess with intent to sell, deliver or consign in sale, or dispose of in any other commercial manner. (9) `Sweeps' or `oily-sweeps' as used in the cotton waste trade shall be construed to mean `mill floor sweepings' and shall be classified as previously used material. 31-25-2. (a) No person, except for his own use, shall make, reupholster, or renovate articles of bedding for sale in this state without first securing a numbered certificate of registration from the Department of Agriculture and paying the fee established for the certificate of registration as set forth in this subsection. The charge for this certificate shall constitute an inspection fee for the purpose of enforcing this chapter. The certificate of registration shall expire one year from the date of issue. The charge shall be paid according to the following schedule: (1) Manufacturers of articles of bedding $ 100.00 (2) Renovators and reupholsterers of articles of bedding 25.00

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(b) Notwithstanding anything contained in this chapter, a plant or place of business owned solely by blind persons, in which place of business not more than one seeing assistant is employed in the manufacture, renovation, or reupholstering of articles of bedding, and state or local governmental agencies manufacturing articles of bedding for any governmental use in this state shall not be required to pay any fee for a certificate of registration but shall be required to conform to all other provisions of this chapter. (c) Fees collected by the Department of Agriculture under this chapter shall be deposited in the general fund of the state treasury. 31-25-3. Every person applying for a certificate of registration shall furnish a detailed drawing and description of any sterilizing apparatus and process to be used, which apparatus and process shall be approved by the Department of Agriculture before the applicant shall be entitled to a certificate of registration. 31-25-4. (a) No person subject to this chapter shall use any previously used material which, since last used, has not been sterilized by a process approved by the Department of Agriculture. (b) No person shall sell a used article of bedding which has not been sterilized, since last used, by a process approved by the Department of Agriculture, provided that nothing in this chapter shall be construed as prohibiting public sales under process of law or sales by an executor or an administrator of an estate. 31-25-5. Any person who receives articles of bedding for renovation, reupholstering, or storage shall keep attached thereto, from the time of receipt, a tag on which is legibly written the date of receipt and the name and address of the owner. 31-25-6. (a) No person shall manufacture, renovate, reupholster, or sell any article of bedding to which there is not securely sewed a cloth-backed tag which is at least six square inches in area and upon which there shall be stamped or printed with ink in the English language: (1) The name of the material or materials used to fill the article of bedding; (2) The name and address of the manufacturer, renovator, upholsterer, or vendor of the article of bedding;

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(3) The manufacturer's, upholsterer's, or renovator's certificate of registration number issued by the Department of Agriculture; and (4) The words `Made of New Materials' if such article contains no previously used material; or the words `Made of Previously Used Material' if such article contains any material classified as `Previously Used Material'; or the word `Secondhand' if such article has been previously used but not remade. The words so stamped shall be in letters at least one-eighth of an inch high. The tag shall contain nothing of a misleading nature and shall be sewed to the outside cover of every article of bedding being manufactured, renovated, or reupholstered before the filling material has been placed therein. (b) No person, other than a purchaser for his own use, shall remove from articles of bedding or deface or alter the tag required under this Code section. 31-25-7. The Department of Agriculture is authorized and empowered, through its duly authorized representatives, to enforce this chapter. 31-25-8. The Department of Agriculture is authorized and empowered to inspect every place where articles of bedding are manufactured, renovated, reupholstered, or sold or where material used in such manufacture, renovating, or reupholstering is mixed, worked, sold, or stored. 31-25-9. When a duly authorized representative of the Department of Agriculture has reasonable cause to believe that an article of bedding is not tagged or filled as required under Code Section 31-25-6, he shall have authority to open a seam of such article of bedding for the purpose of examining the filling and shall likewise have authority and power to examine any purchase records or invoices necessary to determine the kind of material used in such article of bedding. He shall have power to seize and hold for evidence any article of bedding or material made, possessed, or offered for sale contrary to this chapter. 31-25-10. The Department of Agriculture shall have the power to require any person supplying material to a manufacturer, renovator, or reupholsterer to furnish such manufacturer, renovator, or reupholsterer an itemized invoice of all materials so supplied, which shall be retained by the manufacturer, renovator, or reupholsterer for one year. All such invoices shall be subject to inspection by the Department of Agriculture.

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31-25-11. It is the intention of this chapter to prevent both the manufacture and sale in this state of articles of bedding unless manufactured and sold in conformity with its provisions. The Department of Agriculture may make and enforce reasonable rules and regulations for the enforcement of this chapter and may suspend, revoke, and void the certificate of registration of any person convicted of violating this chapter. Any person, a nonresident of this state, who has been issued a certificate of registration and who fails or refuses to enter an appearance in any court of record in this state to answer a charge or charges of violation within 25 days after service upon him of a notice by registered or certified mail so to do, may have his certificate of registration peremptorily revoked by the Department of Agriculture. The articles of bedding manufactured or sold by such person shall not thereafter be sold in this state until such person has paid a special inspection fee of $100.00 and the Department of Agriculture has determined that such person is complying with this chapter; whereupon the Department of Agriculture shall reinstate or reissue the certificate of registration to such person. 31-25-12. The possession of one or more articles covered by this chapter, when found in any store, warehouse, or place of business other than a private home, hotel, or other place where such articles are ordinarily used, shall constitute prima-facie evidence that the article or articles so possessed are possessed with intent to sell or process the same for sale. 31-25-13. Any person who violates any provision of this chapter shall be guilty of a misdemeanor. Each article of bedding manufactured, renovated, or reupholstered contrary to this chapter shall constitute a separate and distinct violation and offense., and inserting in lieu thereof the following: CHAPTER 25 RESERVED. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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REVENUE AND TAXATION INCOME TAXES; JOB TAX CREDITS; ELECTION OF CALENDAR YEAR BASIS FOR JOB CREATION. Code Section 48-7-40.12 Enacted. No. 416 (House Bill No. 151). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, so as to change certain provisions regarding tax credits for certain business enterprises in certain less developed areas and for certain manufacturing facilities or support facilities in tier 1 counties; to authorize the claiming of such credits upon a calendar year basis for certain taxpayers; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and computation of income taxes, is amended by adding a new Code section immediately following Code Section 48-7-40.11, to be designated Code Section 48-7-40.12, to read as follows: 48-7-40.12. Notwithstanding any provision to the contrary of Code Sections 48-7-40 and 48-7-40.1, business enterprises may make a one-time election to calculate new full-time jobs on a calendar year rather than a taxable year basis for all jobs created during calendar year 1994 and thereafter as compared against the preceding calendar year. Such one-time election may be made by claiming job tax credits in connection with any 1995 state income tax return or amended return that is filed after the effective date of this Code section. Such election will not change the taxable year of the business enterprise. SECTION 2. Notwithstanding any provision of Code Section 1-3-4.1 to the contrary, 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 29, 1997.

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LAW ENFORCEMENT OFFICERS AND AGENCIES ARREST RECORD EXPUNGEMENT; CRIMINAL HISTORY ACCESS. Code Section 35-3-37 Amended. No. 417 (House Bill No. 183). AN ACT To amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to provide that under certain conditions a person who has been arrested may request in writing that the arresting agency expunge the records of such arrest; to provide for review of such request by the prosecuting attorney; to provide criteria for expungement; to provide for the destruction of certain records if the records qualify for expungement; to provide for the preservation of certain records to conform to constitutional requirements; to provide that the Georgia Crime Information Center shall restrict access to the criminal history of certain persons; to provide that certain records shall be available to certain criminal justice officials under certain conditions; to provide for actions to enforce certain rights under this Act; to provide for the award of reasonable court costs and attorney's fees in certain cases; to provide conditions under which records shall not be expunged; to provide for appeals by the prosecuting attorney in cases where the recommendation of the prosecuting attorney is not followed; to provide procedures for expungement of criminal records in certain cases where there has been an indictment or accusation; to provide that certain information relating to criminal cases shall not be destroyed or disclosed; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended by striking Code Section 35-3-37, relating to inspection of criminal records and the purging, modifying, or supplementing of criminal records, and inserting in lieu thereof a new Code Section 35-3-37 to read as follows: 35-3-37. (a) Nothing in this article shall be construed so as to authorize any person, agency, corporation, or other legal entity to invade the privacy of any citizen as defined by the General Assembly or the courts other than to the extent provided in this article. (b) The center shall make a person's criminal records available for inspection by such person or his or her attorney upon written application to the center. Should the person or his or her attorney contest the

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accuracy of any portion of the records, it shall be mandatory upon the center to make available to the person or such person's attorney a copy of the contested record upon written application identifying the portion of the record contested and showing the reason for the contest of accuracy. Forms, procedures, identification, and other related aspects pertinent to access to records may be prescribed by the center. (c) If an individual believes his or her criminal records to be inaccurate or incomplete, he or she may request the original agency having custody or control of the detail records to purge, modify, or supplement them and to notify the center of such changes. Should the agency decline to act or should the individual believe the agency's decision to be unsatisfactory, the individual or his or her attorney may, within 30 days of such decision, enter an appeal to the superior court of the county of his or her residence or to the court in the county where the agency exists, with notice to the agency, to acquire an order by the court that the subject information be expunged, modified, or supplemented by the agency of record. The court shall conduct a de novo hearing and may order such relief as it finds to be required by law. Such appeals shall be entered in the same manner as appeals are entered from the probate court, except that the appellant shall not be required to post bond or pay the costs in advance. If the aggrieved person desires, the appeal may be heard by the judge at the first term or in chambers. A notice sent by registered or certified mail shall be sufficient service on the agency having custody or control of disputed record that such appeal has been entered. Should the record in question be found to be inaccurate, incomplete, or misleading as set forth in paragraph (3) of subsection (d) of this Code section, the court shall order it to be appropriately expunged, modified, or supplemented by an explanatory notation. Each agency or individual in the state with custody, possession, or control of any such record shall promptly cause each and every copy thereof in his or her custody, possession, or control to be altered in accordance with the court's order. Notification of each such deletion, amendment, and supplementary notation shall be promptly disseminated to any individuals or agencies, including the center, to which the records in question have been communicated, as well as to the individual whose records have been ordered so altered. (d)(1) An individual who was: (A) Arrested for an offense under the laws of this state but subsequent to such arrest is released by the arresting agency without such offense being referred to the prosecuting attorney for prosecution; or (B) After such offense referred to the proper prosecuting attorney, and the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation

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may request the original agency in writing to expunge the records of such arrest, including any fingerprints or photographs of the individual taken in conjunction with such arrest, from the agency files. Such request shall be in such form as the center shall prescribe. Reasonable fees shall be charged by the original agency and the center for the actual costs of the purging of such records, provided that such fees shall not exceed $50.00. (2) Upon receipt of such written request, the agency shall provide a copy of the request to the proper prosecuting attorney. Upon receipt of a copy of the request to expunge a criminal record, the prosecuting attorney shall promptly review the request to determine if it meets the criteria for expungement set forth in paragraph (3) of this subsection. If the request meets those criteria, the prosecuting attorney shall review the records of the arrest to determine if any of the material contained therein must be preserved in order to protect the constitutional rights of an accused under Brady v. Maryland. (3) An individual has the right to have his or her record of such arrest expunged, including any fingerprints or photographs of the individual taken in conjunction with such arrest, if the prosecuting attorney determines that the following criteria have been satisfied: (A) The charge was dismissed under the conditions set forth in paragraph (1) of this subsection; (B) No other criminal charges are pending against the individual; and (C) The individual has not been previously convicted of the same or similar offense under the laws of this state, the United States, or any other state within the last five years, excluding any period of incarceration. (4) The agency shall expunge the record by destroying the fingerprint cards, photographs, and documents relating exclusively to such person. Any material which cannot be physically destroyed or which the prosecuting attorney determines must be preserved under Brady v. Maryland shall be restricted by the agency and shall not be subject to disclosure to any person except by direction of the prosecuting attorney or as ordered by a court of record of this state. (5) It shall be the duty of the agency to notify promptly the center of any records which are expunged pursuant to this subsection. Upon receipt of notice from an agency that a record has been expunged, the center shall, within a reasonable time, restrict access to the criminal history of such person relating to such charge. Records for which access is restricted pursuant to this subsection shall be made available only to criminal justice officials upon written application for official judicial law enforcement or criminal investigative purposes.

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(6) If the agency declines to expunge such arrest record, the individual may file an action in the superior court where the agency is located as provided in Code Section 50-13-19. A decision of the agency shall be upheld only if it is determined by clear and convincing evidence that the individual did not meet the criteria set forth in paragraph (3) of this subsection or subparagraphs (A) through (G) of paragraph (7) of this subsection. The court in its discretion may award reasonable court costs including attorney's fees to the individual if he or she prevails in the appellate process. Any such action shall be served upon the agency, the center, the prosecuting attorney having jurisdiction over the offense sought to be expunged, and the Attorney General who may become parties to the action. (7) After the filing of an indictment or an accusation, a record shall not be expunged if the prosecuting attorney shows that the charges were nolle prossed, dead docketed, or otherwise dismissed because: (A) Of a plea agreement resulting in a conviction for an offense arising out of the same underlying transaction or occurrence as the conviction; (B) The government was barred from introducing material evidence against the individual on legal grounds including but not limited to the grant of a motion to suppress or motion in limine; (C) A material witness refused to testify or was unavailable to testify against the individual unless such witness refused to testify based on his or her statutory right to do so; (D) The individual was incarcerated on other criminal charges and the prosecuting attorney elected not to prosecute for reasons of judicial economy; (E) The individual successfully completed a pretrial diversion program, the terms of which did not specifically provide for expungement of the arrest record; (F) The conduct which resulted in the arrest of the individual was part of a pattern of criminal activity which was prosecuted in another court of this state, the United States, another state, or foreign nation; or (G) The individual had diplomatic, consular, or similar immunity or inviolability from arrest or prosecution. (8) If the prosecuting attorney having jurisdiction determines that the records should not be expunged because the criteria set forth in paragraph (3) or subparagraphs (A) through (G) of paragraph (7) of this subsection were not met, and the agency or center fails to follow the prosecuting attorney's recommendation, the prosecuting attorney having jurisdiction over the offense sought to be expunged or the

Page 1349

Attorney General may appeal a decision by the agency or center to expunge a criminal history as provided in Code Section 50-13-19. (9) An individual who has been indicted or charged by accusation that was subsequently dismissed, dead docketed, or nolle prossed may request an expungement as provided by paragraphs (1) through (3) of this subsection; provided, however, that if the prosecuting attorney objects to the expungement request within 60 days after receiving a copy of said request from the agency, the agency shall decline to expunge and the individual shall have the right to appeal as provided by paragraph (6) of this subsection. (10) Nothing in this subsection shall be construed as requiring the destruction of incident reports or other records that a crime was committed or reported to law enforcement. Further, nothing in this subsection shall be construed to apply to custodial records maintained by county or municipal jail or detention centers. It shall be the duty of the agency to take such action as may be reasonable to prevent disclosure of information to the public which would identify such person whose records were expunged. (e) Agencies, including the center, at which criminal offender records are sought to be inspected may prescribe reasonable hours and places of inspection and may impose such additional procedures, fees not to exceed $3.00, or restrictions including fingerprinting as are reasonably necessary to assure the records' security, to verify the identities of those who seek to inspect them, and to maintain an orderly and efficient mechanism for inspection of records. (f) The provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' shall not apply to proceedings under this Code section. (g) If the center has notified a firearms dealer that a person is prohibited from purchasing or possessing a handgun pursuant to Part 5 of Article 4 of Chapter 11 of Title 16 and if the prohibition is the result of such person's being involuntarily hospitalized within the immediately preceding five years, upon such person or his or her attorney making an application to inspect his or her records, the center shall provide the record of involuntary hospitalization and also inform the person or attorney of his or her right to a hearing before the judge of the probate court or superior court relative to such person's eligibility to possess or transport a handgun. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

Page 1350

SOCIAL SERVICES COMMUNITY SERVICES BLOCK GRANTS; COMMUNITY ACTION AGENCIES. Code Sections 49-8-2, 49-8-3, and 49-8-5 Amended. No. 418 (House Bill No. 206). AN ACT To amend Chapter 8 of Title 49 of the Official Code of Georgia Annotated, known as The Economic Rehabilitation Act of 1975, so as to change the purposes of said chapter; to change the definition of a certain term; to change certain provisions relating to the duties of the director; to provide that moneys appropriated for economic rehabilitation and distributed by means of contracts with community action agencies shall continue to include the Community Services Block Grant; to provide that not less than 90 percent of the community services block grant funds allocated for the State of Georgia shall be distributed to community action agencies by means of contracts with the community action agencies; to provide that the community services block grant funds shall continue to be distributed to each community action agency utilizing a formula based upon a pro rata share of Georgia's poverty population contained in each agency's service area; 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 49 of the Official Code of Georgia Annotated, known as The Economic Rehabilitation Act of 1975, is amended by striking in its entirety Code Section 49-8-2, relating to the purposes of said chapter, and inserting in lieu thereof a new Code Section 49-8-2 to read as follows: 49-8-2. It is the purpose of this chapter to provide for the administration, allocation, and distribution of funds from the Community Services Block Grant and other funding sources; to provide for the definition of a community action agency; to continue a flexible and decentralized system of state, regional, and local programs; to provide the support for services and activities designed to promote individual and family self-sufficiency and to provide emergency services; to encourage local and state-wide interagency collaboration and coordination; to assist local communities in the establishment of demonstration programs to meet the unmet needs of their citizens; and to provide the fiscal support needed to assure the continuation of community action agencies as grantees for federal, state, and other moneys.

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SECTION 2. Said chapter is further amended by striking in its entirety paragraph (2) of Code Section 49-8-3, relating to definitions applicable under said chapter, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) `Community action agency' means a public or private nonprofit corporation which was a recipient of community services block grant funds on January 1, 1989, or its successors. SECTION 3. Said chapter is further amended by striking in its entirety Code Section 49-8-5, relating to the distribution of funds, local boards of directors, audits, and bonding of agency employees, and inserting in lieu thereof a new Code Section 49-8-5 to read as follows: 49-8-5. (a) Moneys appropriated for the purposes of this chapter shall be allocated by contract with community action agencies. Such allocations shall be approved by the director only upon the submission of a proposal prepared by the agency and approved by the board of directors of the community action agency involved. (b) Moneys appropriated for the purposes of this chapter and distributed by means of contracts with community action agencies shall continue to include the Community Services Block Grant. Not less than 90 percent of the community services block grant funds allocated for the State of Georgia shall be distributed to community action agencies by means of contracts with the community action agencies. (c) The community services block grant funds shall continue to be distributed to each community action agency utilizing a formula based upon a pro rata share of Georgia's poverty population contained in each agency's service area. (d) No funds may be allocated to any community action agency which does not have a policy guaranteeing nondiscrimination in the delivery of services. (e) No funds may be allocated to any community action agency which does not have a policy-making board of directors. The membership of such board must be made up of no fewer than one-third democratically selected representatives of the client group and no more than one-third public officials or their designees. The remainder of the board shall be composed of members appointed from the public sector. (f) The director shall be responsible for ensuring that at least an annual fiscal and programmatic audit be conducted of each community action agency to ensure that contract awarded funds are properly and legally utilized and disbursed in accordance with the intentions of this chapter.

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All employees of each community action agency who handle funds of the agency shall be bonded by a licensed bonding company. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES WILLS; EFFECTIVE DATES OF CERTAIN PROVISIONS; DESCENT AND DISTRIBUTION; YEAR'S SUPPORT; PROBATE; ADMINISTRATORS AND PERSONAL REPRESENTATIVES; ADMINISTRATION OF ESTATES; INVESTMENTS, SALES, AND CONVEYANCES; PROCEEDINGS IN PROBATE COURT. Code Title 53 Amended. No. 419 (House Bill No. 245). AN ACT To amend Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title is effective on July 1, 1997, so as to authorize appointment of additional county administrators in all counties; to amend Title 53 of the Offical Code of Georgia Annotated, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, so as to change the applicability of new provisions of Chapters 2 through 11 of such title; to provide for exceptions; to change a provision relating to the effect of a decree of adoption; to renumber such provision; to change a provision relating to inheritance of a child born out of wedlock through the child's father; to change provisions relating to a petition for an order that no administration is necessary for the estate of an intestate decedent; to authorize separate awards of year's support for the minor children and the surviving spouse in certain circumstances; to change a provision relating to a contract concerning succession; to change a provision relating to the deadline for offering a will for probate; to clarify that proof of a codicil is proof of a will in certain circumstances; to change a provision relating to service of a notice of petition for probate in solemn form; to change a provision relating to selection of an administrator with the will annexed; to change provisions relating to appointment of an administrator for an estate partially administered and unrepresented because of the death of the executor; to change a provision relating to the contents of a petition for issuance of letters of administration when a prior personal representative has qualified; to change provisions relating to notice and the time to respond or file objections in certain circumstances; to authorize appointment of additional county administrators in all counties; to change certain provisions relating to compensation of a personal representative; to change provisions relating to failure to return an inventory; to change provisions relating to supplementary inventory; to provide for compensation for temporary administrators; to provide for reduction of compensation for administrators in certain circumstances; to provide that failure to return an inventory is sufficient ground for removal; to provide for exceptions; to provide for the compromise of debts; to change provisions relating to petitions for discharge; to change certain provisions relating to the duty of the probate court to cite personal representatives who have failed to make an annual return; to provide for exceptions to the application of the notice provisions of Chapter 11 of such title; to provide for termination of guardian ad litem appointments; to change certain notice provisions and provisions relating to the date on or before which objections must be filed; to provide for swearing to or affirming a waiver or acknowledgment of service or notice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, as such title was amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), which Act becomes effective January 1, 1998, is amended by striking in its entirety Code Section 53-1-1, relating to the effective date of Chapters 1 through 11 of Title 53, and inserting in lieu thereof the following: 53-1-1. Except as otherwise provided by law, the provisions contained in this chapter and Chapters 2 through 11 of this title shall be effective on January 1, 1998; provided, however, that no vested rights of title, year's support, succession, or inheritance shall be impaired. SECTION 2. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section, to be designated Code Section 53-1-8, to read as follows: 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 from and through the adopted individual under the laws of intestacy in the absence of a will and to take

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as parents or relatives of the parents of the adopted individual under the provisions of any instrument of testamentary gift, unless expressly excluded therefrom. SECTION 3. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-2-2, relating to the effect of a decree of adoption, and inserting in its place the following: 53-2-2. Reserved. SECTION 4. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subparagraph (A) of paragraph (2) of Code Section 53-2-3, relating to inheritance by children born out of wedlock, and inserting in its place the following: (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. SECTION 5. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-2-40, relating to the petition, and inserting in lieu thereof the following: (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

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11 of this title; and that the heirs have agreed upon a division of the estate among themselves. The agreement containing original signatures of all the heirs, attested to by a clerk of the probate court or a notary public, 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. SECTION 6. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-3-8, relating to minor children by different spouses, and inserting in its place the following: 53-3-8. (a) 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. (b) If the decedent leaves minor children and the surviving spouse is the parent of the minor children, the probate court may in its discretion specify separate portions for the minor children and the surviving spouse if the court deems the award of separate portions to be in the best interests of the parties, and the portions shall vest separately in the surviving spouse and the children. SECTION 7. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-4-30, relating to contracts concerning succession, and inserting in lieu thereof the following: 53-4-30. A contract made on or after January 1, 1998, 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. SECTION 8. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-5-3, relating to time limitation for probate of wills, and inserting in lieu thereof the following: 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:

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(1) The appointment of a personal representative of the decendent'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; provided, however, that the will of a testator who died prior to January 1, 1998, may be offered for probate at least until December 31, 2002. SECTION 9. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended in Article 1 of Chapter 5, relating to general provisions relative to probate, by adding a new Code section, to be designated Code Section 53-5-7, to read as follows: 53-5-7. If a codicil republished a will except as to any amendment contained in the codicil and clearly identified the will that was republished, proof of the codicil is proof of the will. SECTION 10. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (c) of Code Section 53-5-22, relating to notice, and inserting in lieu thereof the following: (c) Service of a notice of petition for probate in solemn form shall be in accordance with the provisions of Chapter 11 of this title and, if made personally or by mail, shall include a copy of the petition and of the will for which probate is sought. If service is to be made by publication, the published notice shall set forth the court, the time the order for service by publication was granted, the name of the decedent, the fact that a petition has been filed seeking the probate of the will of the decedent in solemn form, and the name of the petitioner who seeks letters testamentary or the continuance in force of any letters testamentary previously granted. The notice shall command all parties to whom it is directed to file objection, if there is any. SECTION 11. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-6-14, relating to selection by beneficiaries, and inserting in lieu thereof the following: (b) An administrator with the will annexed may be unanimously selected by the beneficiaries of the will who are capable of expressing a

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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 paragraphs (3) through (5) of Code Section 53-6-20. SECTION 12. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (b) of Code Section 53-6-15, relating to petitions for letters of administration with the will annexed, and inserting in lieu thereof the following: (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 and the executor, if any, of any deceased executor whose death created the vacancy in the manner described in Chapter 11 of this title. (c) In the case of an estate partially administered and unrepresented because of the death of the previous executor, the judge shall determine whether the interest of the first estate and the persons interested in the first estate will be best served by the appointment of an administrator with the will annexed or by permitting the executor, if any, appointed under the will of the deceased previous executor to be or become, as the case may be, the executor of the first estate by operation of law. SECTION 13. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking subsection (b) of Code Section 53-6-21, relating to petitions for letters of administration, and inserting in lieu thereof the following: (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 and a copy of the

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original petition is attached, it is unnecessary for the new petition to repeat relevant and unchanged information from the original petition. SECTION 14. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-6-22, relating to notice, and inserting in lieu thereof the following: 53-6-22. Notice of the petition for letters of administration shall be mailed by first-class mail to each heir with a known address at least 13 days prior to the date on or before which any objection is required to be filed. If there is any heir whose current address is unknown or any heir who is unknown, notice shall be published once each week for four weeks prior to the week which includes the date on or before which any objection must be filed. SECTION 15. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking subsection (b) of Code Section 53-6-35, as such section becomes effective on January 1, 1998, relating to the appointment of a county administrator and assistant county administrators, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In all counties of this state 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. SECTION 16. Said title is further amended by striking subsection (b) of Code Section 53-6-90, as such section is effective on July 1, 1997, relating to appointment of a county administrator and assistant county administrators, and inserting in lieu thereof a new subsection (b) to read as follows: (b) In all counties of this state the judge of the probate court is authorized to appoint, in the same manner as the county administrator is appointed, one or more assistant 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 the county administrators. SECTION 17. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in their entirety paragraph (2) of

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subsection (b) and subsections (d) and (e) of Code Section 53-6-60, relating to amount of compensation of personal representatives, and inserting in lieu thereof the following: (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 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; (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 who receives the property for the benefit of the estate 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; provided, however, a personal representative shall not be entitled to any commissions for any sums paid to any personal representative of the estate as commissions or other compensation. SECTION 18. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (a) of Code Section 53-6-62, relating to extra compensation for personal representatives, and inserting in lieu thereof the following: (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 any affected 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

Page 1360

parties served to file any written objections to the extra compensation with the probate court within ten days. SECTION 19. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section to be designated Code Section 53-6-64, to read as follows: 53-6-64. A temporary administrator may apply to the court for reasonable compensation after notice to interested parties in compliance with Chapter 11 of this title. The court shall award reasonable compensation to a temporary administrator. For good cause, including but not limited to services performed and compensation awarded to a temporary administrator, the court may reduce the compensation due the personal representative under other provisions of this article. SECTION 20. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-30, relating to inventories and supplemental inventories, and inserting in lieu thereof the following: 53-7-30. Unless otherwise provided by will or relieved under Code Section 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 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. SECTION 21. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by inserting a new Code section to be designated Code Section 53-7-34, to read as follows:

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53-7-34. Unless the inventory is waived pursuant to Code Section 53-7-32 or a testator by will dispenses with the necessity of having a personal representative make an inventory pursuant to Code Section 53-7-33, the failure of a personal representative to return a correct inventory shall be sufficient grounds for removal. SECTION 22. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-45, relating to compromise of claims, and inserting in lieu thereof the following: 53-7-45. Personal representatives are authorized to compromise, adjust, arbitrate, assign, sue or defend, abandon, or otherwise deal with or settle debts or claims in favor of or against the estate. SECTION 23. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-50, relating to petitions by personal representatives for discharge, and inserting in lieu thereof the following: 53-7-50. (a) A personal representative who has fully performed all duties or who has been allowed to resign may petition the probate court for discharge from the office and from all liability. The petition shall state that the personal representative has fully administered the estate of the decedent and shall set forth the names and addresses of all known heirs of an intestate decedent or beneficiaries of a testate decedent, including any persons who succeeded to the interest of any heir or beneficiary who died after the decedent died, and shall name which of the heirs or beneficiaries is or should be represented by a guardian. The petition shall state that the personal representative has paid all claims against the estate or shall enumerate which claims of the estate have not been paid and the reason for such nonpayment. The petition shall also state that the personal representative has filed all necessary inventory and returns or, alternatively, has been relieved of such filings by the testator, the heirs or beneficiaries, or the probate court. (b) Upon the filing of a petition for discharge, citation shall issue to all heirs or beneficiaries, as provided in Chapter 11 of this title, requiring them to file any objections to the discharge, except that in all cases a citation shall be published one time in the newspaper in which sheriff's advertisements are published in the county in which the petition is filed

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at least ten days prior to the date on or before which any objection is required to be filed. Any creditors whose claims are disputed shall be served in accordance with Chapter 11 of this title. (c) If any party in interest files objection to the discharge, a hearing shall be held. If as a result of the hearing, the probate court is satisfied that the personal representative has faithfully and honestly discharged the office, an order shall be entered releasing and discharging the personal representative from all liability. If no objections are filed, the probate court shall enter the order for discharge without further proceedings or delay. Any heir or beneficiary or creditor who is a minor at the time of the discharge and who is not represented by a guardian may, within two years of reaching the age of majority, commence suit against the personal representative and such discharge shall be no bar to the action. (d) If other property of the estate is discovered after an estate has been settled and the personal representative discharged, the probate court, upon petition of any interested person and upon such notice as it directs, may appoint the same personal representative or a successor personal representative to administer the subsequently discovered estate. If a new appointment is made, unless the probate court orders otherwise, the provisions of this title shall apply as appropriate; but no claim previously barred may be asserted in the subsequent administration. SECTION 24. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-7-72, relating to the docket of persons required to make returns and failure to make returns, and inserting in lieu thereof the following: 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 or as soon thereafter as the court deems practical 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. SECTION 25. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in their entirety subsections (b) and (c) of Code Section 53-8-13, relating to general procedures, and inserting in lieu thereof the following: (b) Upon filing the petition, notice shall be given to the heirs of an intestate estate or the affected beneficiaries of a testate estate in accordance with the provisions of Chapter 11 of this title.

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(c) If no written objection by a person so notified is filed within the appropriate period of time following notice, as provided by Chapter 11 of this title, the probate court shall order such sale summarily in the manner and terms petitioned. If timely written objection is filed, the court shall hear the matter and grant or deny the petition for sale or make such other order as is in the best interest of the estate, which may require the sale to be private or at public outcry including confirmation of the sale by the court or otherwise. An appeal shall lie to the superior court in the manner, under the restrictions, and with the effect provided for appeals from the probate court in other cases. SECTION 26. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-1, relating to applicability and compliance, and inserting in lieu thereof the following: 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 those chapters and in Chapter 11 of Title 9 and Chapter 9 of Title 15. SECTION 27. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (c) of Code Section 53-11-2, relating to guardians, and inserting in lieu thereof the following: (c) Whenever a guardian ad litem is appointed, the court may limit the appointment or may at any time for cause appoint a successor. Unless the appointment is limited by the court, the guardian ad litem first appointed with respect to any proceeding involving the administration of the estate shall continue to serve with respect to such proceeding on behalf of the party represented until a successor is appointed, the party represented becomes sui juris, or the court terminates the appointment. SECTION 28. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-4, relating to service on persons who reside outside the state and when the person or residence is unknown, and inserting in lieu thereof the following:

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53-11-4. (a) Except as otherwise prescribed by law or directed by the probate judge pursuant to Code Section 53-11-5, the provisions of this Code section shall apply in cases when a person to be served has a known current residence address outside this state, is unknown, or is known but whose current residence address is unknown. (b) Unless all such persons have known current residence addresses, 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. The published citation shall be directed to the person to be served, if known, and, if all persons are not known, then to all and singular the parties in interest. (c) If the current residence address of such a person is known, service shall be made by mailing by certified or registered mail, return receipt requested, a copy of the petition and the citation. (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 or who is known but whose current residence address is unknown shall be equivalent to personal service of a copy of the petition and citation when the fact appears in the records of the court showing the persons 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 published notice directed to all and singular the parties in interest and compliance with this Code section. In the case of a known person whose current residence address is unknown, that person's name shall appear in the records of the court, and such records shall show as to that person compliance with this Code section. In any case in which service by publication is granted, one order for publication shall be sufficient and the published citation shall be directed as provided in subsection (b) of this Code section. SECTION 29. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-5, relating to additional service or notice, and inserting in lieu thereof the following: 53-11-5. The probate judge may direct any additional service or notice or extend the time to respond with respect to any proceedings covered by this chapter as the judge may determine to be proper in the interests of due

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process and reasonable opportunity for any party or interest to be heard. SECTION 30. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety subsection (a) of Code Section 53-11-6, relating to waiver or acknowledgment of service or notice and consent to granting of relief or entry of order, and inserting in its place the following: (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, shall be sworn to or affirmed before the probate court or a notary public, and shall be filed with the probate court. SECTION 31. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-9, relating to issuance of citation upon filing of petition, and inserting in lieu thereof the following: 53-11-9. (a) 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, 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. (b) For purposes of this chapter, the words `citation' and `notice' shall have the same meaning unless the context otherwise requires. SECTION 32. Said title, as amended by an Act approved April 2, 1996 (Ga. L. 1996, p. 504), is further amended by striking in its entirety Code Section 53-11-10, relating to the date by which objections must be filed or on which a hearing will be held, and inserting in its place the following: 53-11-10. (a) Except as otherwise prescribed by law or directed by the judge pursuant to Code Section 53-11-5 with respect to any particular proceeding, the date on or before which any objection is required to be filed shall be not less than ten days after the date the person is personally

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served. For persons within the continental United States who are served by registered or certified mail, return receipt requested, the date on or before any objection is required to be filed shall not be less than 13 days from the date of mailing; provided, however, that if a return receipt from any recipient is received by the court within 13 days from the date of mailing, the date on or before any objection is required to be filed by such recipient shall be ten days from the date of receipt shown on such return receipt. For a person outside the continental United States who is served by registered or certified mail, return receipt requested, the date on or before any objection is required to be filed shall not be less than 30 days from the date the citation is mailed; provided, however, that if the return receipt from any recipient is received by the court during such 30 day period the date on or before which any objection is required to be filed by such recipient shall not be earlier than ten days from the date of receipt shown on such return receipt. For a person served by publication, the date on or before which any objection is required to be filed shall be no sooner than the first day of the week following publication once each week for four weeks. (b) Except as otherwise prescribed by law or directed by the judge with respect to any particular proceeding, the date on which any required hearing shall be held shall be the date by which any objection is required to be filed or such later date as the probate court may specify. When the matter is set for hearing on a date that was not specified in the citation, the probate court shall 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. SECTION 33. Section 16 of this Act shall become effective July 1, 1997, and shall stand repealed on January 1, 1998. The remaining provisions of this Act shall become effective on January 1, 1998. SECTION 34. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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LABOR AND INDUSTRIAL RELATIONS WORKERS' COMPENSATION; COLLECTION COSTS; FRAUD; FRAUD INVESTIGATORS; HEARING LOCATIONS; AWARD FINALITY; THIRD-PARTY ADMINISTRATORS OR SERVICING AGENTS; SELF-INSURERS BOND RETURNS; REHABILITATION BENEFITS; EMPLOYEE NOTICE TO MEDICAL SERVICE PROVIDER REGARDING WORKERS' COMPENSATION COVERAGE; COMPENSATION FOR TOTAL DISABILITY AND TEMPORARY PARTIAL DISABILITY. Code Title 34, Chapter 9 Amended. No. 420 (House Bill No. 331). AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to provide that the cost of collection may also include reasonable attorneys' fees; to provide for additional powers for personnel employed by the State Board of Workers' Compensation in the fraud and compliance unit; to provide that a hearing before an administrative law judge may be held in any county within 50 miles of the county of injury or death; to provide for the holding of a hearing by the superior court within 60 days of the date of docketing in such court; to authorize the board to promulgate rules and regulations with regard to third-party administrators and servicing agents with regard to their management or administration of workers' compensation claims; to require third-party administrators and servicing agents to demonstrate licensure and compliance with Title 33; to change a provision relating to certification or licensing of rehabilitation suppliers; to increase the maximum weekly compensation for total disability; to increase the maximum weekly compensation for temporary partial disability; to provide for other matters relative to the foregoing; to amend Code Section 34-9-205 of the Official Code of Georgia Annotated, relating to collection of physician's fees, hospital, and other charges for treatment of injuries covered by workers' compensation insurance, so as to preclude civil liability of a medical services provider for erroneously billing an employee if the provider was without notice that the employee's injury was covered by workers' compensation insurance; 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 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by striking Code Section 34-9-18, relating to civil penalties and the costs of collection, and inserting in lieu thereof the following:

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34-9-18. (a) Any person who willfully fails to file any form or report required by the board, fails to follow any order or directive of the board or any of its members or administrative law judges, or violates any rule or regulation of the board shall be assessed a civil penalty of not less than $100.00 nor more than $1,000.00 per violation. (b) Any person who knowingly and intentionally makes any false or misleading statement or representation for the purpose of facilitating the obtaining or denying of any benefit or payment under this chapter may be assessed a civil penalty of not less than $1,000.00 nor more than $10,000.00 per violation. (c) In addition to the penalty and assessed fees as defined in subsection (b) of Code Section 34-9-126, the board may assess a civil penalty of not less than $500.00 nor more than $5,000.00 per violation for the violation by any person of Code Section 34-9-121 or subsection (a) of Code Section 34-9-126. (d) Any penalty assessed under subsections (a), (b), and (c) of this Code section shall be final unless within ten days of the date of the assessment the person fined files a written request with the board for a hearing on the matter. (e) Any person, firm, or corporation who is assessed a civil penalty pursuant to this Code section may also be assessed the cost of collection. The cost of collection may also include reasonable attorneys' fees. (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 2. Said chapter is further amended by striking Code Section 34-9-24, relating to the fraud and compliance unit, and inserting in lieu thereof the following: 34-9-24. (a) There is established within the office of the State Board of Workers' Compensation a fraud and compliance unit. This unit shall assist the chairperson in administratively investigating allegations of fraud and noncompliance and in developing and implementing programs to prevent fraud and abuse. The unit shall promptly notify the appropriate prosecuting attorney's office of any action which involves criminal activity. When so required or requested by the chairperson or the specific district attorney, the unit shall cooperate with the district attorney in the investigation and prosecution of criminal violations.

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(b) The State Board of Workers' Compensation or any employee or agent thereof is not subject to civil liability for libel, slander, or any other relevant tort, and no civil cause of action of any nature exists against such persons by virtue of the execution of activities or duties under this Code section or by virtue of the publication of any report or bulletin related to the activities or duties under this Code section. (c) Fraud investigators employed in the fraud and compliance unit who are certified in compliance with Chapter 8 of Title 35 shall have the authority to execute search warrants and make arrests pursuant to warrants only if such warrants have been issued as the result of a criminal investigation of an alleged violation of Chapter 9 of Title 34. Such fraud investigators are authorized to serve subpoenas in connection therewith. (d) In the absence of fraud or malice, no person or entity who furnishes to the board information relevant and material to suspected fraud under or noncompliance with the workers' compensation laws of this state shall be liable for damages in a civil action or subject to criminal prosecution for the furnishing of such information. SECTION 3. Said chapter is further amended by striking subsection (b) of Code Section 34-9-102, relating to hearings before administrative law judges, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Place of hearing. If the injury or death occurred within this state, the hearing shall be held in the county where the injury or death occurred or in any contiguous county or in any county within 50 miles of the county of injury or death, unless otherwise agreed by the parties and authorized by the administrative law judge. If the injury or death occurred outside the state, the hearing may be held in the county of the employer's residence or place of business or in any other county of the state, as determined in the discretion of the administrative law judge. SECTION 4. Said chapter is further amended by striking subsection (b) of Code Section 34-9-105, relating to when an award is deemed final, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Either party to the dispute may, within 20 days from the date of any such final award or within 20 days from the date of any other final order or judgment of the members of the board, but not thereafter, appeal from the decision in such final award or from any other final decision of the board to the superior court of the county in which the injury occurred or, if the injury occurred outside the state, to the superior court of the county in which the original hearing was held, in the manner and upon the grounds provided in this Code section. Said appeal shall be filed with the board in writing stating generally the

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grounds upon which such appeal is sought. In the event of an appeal, the board shall, within 30 days of the filing of the notice of appeal with the board, transmit certified copies of all documents and papers in its file together with a transcript of the testimony taken and its findings of fact and decision to the clerk of the superior court to which the case is appealable, as provided in this subsection. The case so appealed may then be brought by either party upon ten days' written notice to the other before the superior court for a hearing upon such record, subject to an assignment of the case for hearing by the court; provided, however, if the court does not hear the case within 60 days of the date of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law unless a hearing originally scheduled to be heard within the 60 days has been continued to a date certain by order of the court. In the event a hearing is held later than 60 days after the date of docketing in the superior court because same has been continued to a date certain by order of the court, the decision of the board shall be considered affirmed by operation of law if no order of the court disposing of the issues on appeal has been entered within 20 days after the date of the continued hearing. If a case is heard within 60 days from the date of docketing in the superior court, the decision of the board shall be considered affirmed by operation of law if no order of the court dispositive of the issues on appeal has been entered within 20 days of the date of the hearing. SECTION 5. Said chapter is further amended by striking Code Section 34-9-121, relating to the duty of an employer to insure in a licensed company or association or to deposit security, indemnity, or bond as self-insurer, and inserting in lieu thereof the following: 34-9-121. (a) Unless otherwise ordered or permitted by the board, every employer subject to the provisions of this chapter relative to the payment of compensation shall secure and maintain full insurance against such employer's liability for payment of compensation under this article, such insurance to be secured from some corporation, association, or organization licensed by law to transact the business of workers' compensation insurance in this state or from some mutual insurance association formed by a group of employers so licensed; or such employer shall furnish the board with satisfactory proof of such employer's financial ability to pay the compensation directly in the amount and manner and when due, as provided for in this chapter. In the latter case, the board may, in its discretion, require the deposit of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred; provided, however, that it shall be satisfactory proof of the employer's financial ability to pay the compensation directly in the amount and manner when due, as provided for in this chapter, and the

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equivalent of acceptable security, indemnity, or bond to secure the payment of compensation liabilities as they are incurred, if the employer shall show the board that such employer is a member of a mutual insurance company duly licensed to do business in this state by the Commissioner of Insurance, as provided by the laws of this state, or of an association or group of employers so licensed and as such is exchanging contracts of insurance with the employers of this and other states through a medium specified and located in their agreements with each other, but this proviso shall in no way restrict or qualify the right of self-insurance as authorized in this Code section. Nothing in this Code section shall be construed to require an employer to place such employer's entire insurance in a single insurance carrier. (b) The board shall have the authority to promulgate rules and regulations to set forth requirements for third-party administrators and servicing agents, including insurers acting as third-party administrators or servicing agents, with regard to their management or administration of workers' compensation claims. All Title 33 regulations shall remain in the Department of Insurance. (c) Wherever a self-insurer has been required to post bond, should it cease to be a corporation, obtain other coverage, or no longer desire to be a self-insurer, the board shall be allowed to return the bond in either instance, upon the filing of a certificate certifying to the existence of an insurance contract to take over outstanding liability resulting from any presently pending claim or any future unrepresented claims; and the board shall be relieved of any liability arising out of a case where the injuries were incurred, or liability therefor, prior to the returning of the bonds. SECTION 6. Said chapter is further amended by striking Code Section 34-9-200.1, relating to rehabilitation benefits, and inserting in lieu thereof the following: 34-9-200.1. (a) In the event of a catastrophic injury, the employer shall furnish the employee entitled to benefits under this chapter with reasonable and necessary rehabilitation services. The employer either shall appoint a registered rehabilitation supplier or give reasons why rehabilitation is not necessary within 48 hours of the employer's acceptance of the injury as compensable or notification of a final determination of compensability, whichever occurs later. If it is determined that rehabilitation is required under this Code section, the employer shall have a period of 15 days from the date of notification of that determination within which to select a rehabilitation supplier. If the employer fails to select a rehabilitation supplier within such time period, a rehabilitation

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supplier will be appointed by the board to provide services at the expense of the employer. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (b) A change in the designated rehabilitation supplier shall be made only with approval of the board. Any party to the case may request the board for a change in rehabilitation supplier. The request shall be in a form and manner prescribed by rule of the board and copies of the request shall be served on all parties and each involved rehabilitation supplier. Written objections to the request for a change in rehabilitation supplier may be filed with the board during the 15 day period following the date shown on the certificate of service and the board shall resolve such objections. (c) The refusal of the employee without reasonable cause to accept rehabilitation shall entitle the board in its discretion to suspend or reduce the compensation otherwise payable to such employee unless, in the opinion of the board, the circumstances justify the refusal, as determined in the manner provided under Code Section 34-9-100. The board may require recommendations from a panel of specialists in determining whether or not suspension or reduction of compensation is justified. (d) Fees of rehabilitation suppliers and the reasonableness and necessity of their services shall be subject to the approval of the State Board of Workers' Compensation. All rehabilitation suppliers shall file with the board all forms required by the board. No rehabilitation supplier shall bill an employee for authorized rehabilitation services. The board may require recommendations from a panel of appropriate peers of the rehabilitation supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board may consider. (e) Failure of the employee's attorney to cooperate with the rehabilitation supplier may result in the suspension or reduction of the fees provided in Code Section 34-9-108 if, in the judgment of the board, the failure to cooperate hindred the restoration of the employee to suitable employment. (f) Any rehabilitation supplier shall hold one of the following certifications or licenses: (1) Certified Rehabilitation Counselor (CRC); (2) Certified Disability Management Specialist (CDMS); (3) Certified Rehabilitation Registered Nurse (CRRN); (4) Work Adjustment and Vocational Evaluation Specialist (WAVES); or

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(5) Licensed Professional Counselor (LPC) and shall be registered with the State Board of Workers' Compensation. The board shall have the authority to refuse to register an applicant as a rehabilitation supplier, to remove a rehabilitation supplier from a case, to require corrective actions of a rehabilitation supplier, to assess penalties as provided under Code Section 34-9-21 against a rehabilitation supplier, or to suspend or revoke the board registration of a rehabilitation supplier for failure to comply with this chapter or the rules and regulations of the board or the standards of ethics of the applicable licensing or certifying body. Revocation of registration shall be determined in a hearing before an administrative law judge and an adverse decision may be appealed as provided under Code Sections 34-9-103 and 34-9-105. The board may establish by rule based upon recognized qualifications, educational standards, and competency in the field of rehabilitation suppliers, as determined and set out by the board, those persons who will be authorized to provide rehabilitation services to injured employees under this chapter. (g) `Catastrophic injury' means any injury which is one of the following: (1) Spinal cord injury involving severe paralysis of an arm, a leg, or the trunk; (2) Amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage; (3) Severe brain or closed head injury as evidenced by: (A) Severe sensory or motor disturbances; (B) Severe communication disturbances; (C) Severe complex integrated disturbances of cerebral function; (D) Severe disturbances of consciousness; (E) Severe episodic neurological disorders; or (F) Other conditions at least as severe in nature as any condition provided in subparagraphs (A) through (E) of this paragraph; (4) Second or third degree burns over 25 percent of the body as a whole or third degree burns to 5 percent or more of the face or hands; (5) Total or industrial blindness; or (6) Any other injury of a nature and severity that prevents the employee from being able to perform his or her prior work and any work available in substantial numbers within the national economy for which such employee is otherwise qualified. A decision granting or denying disability income benefits under Title II or supplemental security income benefits under Title XVI of the Social Security Act

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shall be admissible in evidence and the board shall give the evidence the consideration and deference due under the circumstances regarding the issue of whether the injury is a catastrophic injury. The rehabilitation supplier appointed to a catastrophic injury case shall have the expertise which, in the judgment of the board, is necessary to provide rehabilitation services in such case. (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 in writing. 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 7. Said chapter is further amended by striking in its entirety subsection (b) of Code Section 34-9-205, and inserting in its place a new subsection (b) to read as follows: (b) Annually the board shall publish a list by geographical location of usual, customary, and reasonable charges for all medical services provided under subsection (a) of this Code section. The board may consult with medical specialists in preparing said list. Fees within this list shall be presumed reasonable. No physician or hospital or medical supplier shall bill the employee for authorized medical treatment; provided, however, that if an employee fails to notify a physician, hospital, or medical supplier that he or she is being treated for an injury covered by workers' compensation insurance, such provider of medical services shall not be civilly liable to any person for erroneous billing for such covered treatment if the billing error is corrected by the provider upon notice of the same. The board may require recommendations from a panel of appropriate peers of the physician or hospital or other authorized medical supplier in determining whether the fees submitted and necessity of services rendered were reasonable. The recommendations of the panel of appropriate peers shall be evidence of the reasonableness of fees and necessity of service which the board shall consider in its determinations. SECTION 8. Said chapter is further amended by striking Code Section 34-9-261, relating to compensation for total disability, and inserting in lieu thereof the following: 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

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benefit equal to two-thirds of the employee's average weekly wage but not more than $325.00 per week nor less than $32.50 per week, except that when the weekly wage is below $32.50 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 9. Said chapter is further amended by striking Code Section 34-9-262, relating to compensation for temporary partial disability, and inserting in lieu thereof the following: 34-9-262. Except as otherwise provided in Code Section 34-9-263, where the disability to work resulting from the injury is partial in character but temporary in quality, the employer shall pay or cause to be paid to the employee a weekly benefit equal to two-thirds of the difference between the average weekly wage before the injury and the average weekly wage the employee is able to earn thereafter, but not more than $216.67 per week for a period not exceeding 350 weeks from the date of injury. SECTION 10. This Act shall become effective on July 1, 1997. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. PUBLIC OFFICERS AND EMPLOYEES STATE EMPLOYEES' HEALTH INSURANCE PLAN; REFERENCES TO GEORGIA FIREMEN'S PENSION FUND CHANGED. Code Section 45-18-7.3 Amended. No. 421 (House Bill No. 337). AN ACT To amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain references to the Georgia Firemen's Pension Fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, is amended by striking in its entirety Code Section 45-18-7.3, relating to employees of the Peace Officers' Annuity and Benefit Fund and the Georgia Firemen's Pension Fund, and inserting in lieu thereof the following: 45-18-7.3. The board is authorized to contract with the Peace Officers' Annuity and Benefit Fund and Georgia Firefighters' Pension Fund for the inclusion in any health insurance plan or plans established under this article of the employees and retiring employees of said Peace Officers' Annuity and Benefit Fund and Georgia Firefighters' Pension Fund and their spouses and dependent children, as defined by the regulations of the board. It shall be the duty of said Peace Officers' Annuity and Benefit Fund and Georgia Firefighters' Pension Fund to deduct from the salary or other remuneration of its employees such payment as may be required under the board's regulations. In addition, it shall be the duty of said Peace Officers' Annuity and Benefit Fund and Georgia Firefighters' Pension Fund to make the employer contributions required for the operation of such plan or plans. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. RETIREMENT AND PENSIONS GEORGIA FIREMEN'S PENSION FUND; NAME CHANGED TO GEORGIA FIREFIGHTER'S PENSION FUND. Code Title 47, Chapter 7 Amended. No. 422 (House Bill No. 340). AN ACT To amend Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, so as to change the name of such pension fund to the Georgia Firefighter's Pension Fund; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Firemen's Pension Fund, is amended by striking the word fireman in its singular, plural, and possessive forms and inserting in lieu thereof the word firefighter in the corresponding singular, plural, or possessive form. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. CRIMES AND OFFENSES MARIJUANA; POSSESSION OF ONE OUNCE OR LESS AS MISDEMEANOR; STATE COURT JURISDICTION; MUNICIPAL COURT JURISDICTION. Code Sections 15-7-4, 16-13-2, and 36-32-6 Amended. No. 423 (House Bill No. 347). AN ACT To amend Article 1 of Chapte 7 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to state courts of counties, so as to change the jurisdiction of state courts of counties; to provide for state court jurisdiction over possession of one ounce or less of marijuana; to amend Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances and marijuana as first offense, so as to provide that the penalty for possession of one ounce or less of marijuana shall be a misdemeanor; to amend Article 1 of Chapter 32 of Title 36, relating to general provisions applicable to municipal courts, so as to reaffirm the jurisdiction of municipal courts with respect to certain offenses; to provide for a statement of legislative intent; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to state courts of counties, is amended by striking in its entirety Code Section 15-7-4, relating to jurisdiction, and inserting in its place the following: 15-7-4. (a) Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with the superior courts, over the following matters: (1) The trial of criminal cases below the grade of felony; (2) The trial of civil actions without regard to the amount in controversy, except those actions in which exclusive jurisdiction is vested in the superior courts; (3) The hearing of applications for and the issuance of arrest and search warrants; (4) The holding of courts of inquiry; (5) The punishment of contempts by fine not exceeding $500.00 or by imprisonment not exceeding 20 days, or both; and (6) Review of decisions of other courts as may be provided by law. (b) Each state court shall have jurisdiction, within the territorial limits of the county or counties for which it was created and concurrent with other courts having such jurisdiction, over possession of one ounce or less of marijuana, in accordance with Code Sections 16-13-2 and 16-13-30. SECTION 2. Code Section 16-13-2 of the Official Code of Georgia Annotated, relating to conditional discharge for possession of controlled substances and marijuana as first offense, is amended by striking subsection (b) and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any law to the contrary, any person who is charged with possession of marijuana, which possession is of one ounce or less, shall be guilty of a misdemeanor and punished by imprisonment for a period not to exceed 12 months or a fine not to exceed $1,000.00, or both, or public works not to exceed 12 months. SECTION 3. Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to municipal courts, is

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amended by striking Code Section 36-32-6, relating to the jurisdiction of municipal courts in certain marijuana possession cases, and inserting in lieu thereof a new Code Section 36-32-6 to read as follows: 36-32-6. (a) The municipal court of any municipality is granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. (c) Any defendant charged with possession of an ounce or less of marijuana in a municipal court shall be entitled on request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. (d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter. SECTION 4. With respect to Sections 2 and 3 of this Act, it is the intent of the General Assembly to restore the law of this state to that which was generally understood to be the law prior to the decision of the Court of Appeals in Williams v. State, 222 Ga. App. 698, Case No. A96A1472, decided August 20, 1996, such that possession of one ounce or less of marijuana is a misdemeanor and the provisions of Code Section 36-32-6 are applicable to such offenses. SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, 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 29, 1997.

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CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS LIMITED PARTNERSHIPS; LIMITED LIABILITY PARTNERSHIPS; LIMITED LIABILITY COMPANIES. Code Title 14 Amended. No. 424 (House Bill No. 349). AN ACT To amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, so as to provide procedures and requirements for a new or existing limited partnership to become or continue as a limited liability partnership; to provide for determining when a limited partnership becomes a limited liability partnership; to provide procedures and requirements for a corporation, limited liability company, or general partnership to become a limited partnership; to provide for the contents of a certificate of election; to provide for the effect of changing to a limited partnership; to provide for the transfer of real property from a predecessor entity to the successor limited partnership or successor limited liability company; to authorize the Secretary of State to promulgate rules and to change certain filing fees; to revise certain definitions; to provide that a limited liability company may have only one member; to provide for a written operating agreement when a limited liability company has only one member; to provide for agreement by a member or manager to be obligated personally for debts, obligations, and liabilities of a limited liability company; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 14 of the Official Code of Georgia Annotated, relating to corporations, is amended by striking in its entirety subsection (g) of Code Section 14-8-62, relating to limited liability partnership elections, recording, procedures and effect, cancellation, dissolution of partnership, and amendment of certificates, and inserting in its place the following: (g) A limited partnership organizing under or subject to Chapter 9 of this title may become and continue as a limited liability partnership if its certificate of limited partnership specifies a name which complies with subsection (b) of Code Section 14-8-63 and otherwise complies with the name requirements of Code Section 14-9-102 and includes in its certificate of limited partnership a statement that the limited partnership is a limited liability partnership. Subject to any contrary agreement among the partners, an amendment to become a limited liability partnership by an existing limited partnership shall be approved by all of the partners. A limited partnership becomes a limited liability partnership at the time its certificate which complies with the foregoing

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provisions of this subsection 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 in this subsection. 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 2. Said title is further amended by inserting a new Code section to be designated Code Section 14-9-206.2 to read as follows: 14-9-206.2. (a) A corporation, limited liability company, or general partnership may elect to become a limited partnership. Such election shall require: (1) Compliance with Code Section 14-2-1109.1 in the case of a corporation; (2) Approval of all of its members, or such other approval as may be sufficient under applicable law, in the case of a limited liability company; or (3) The approval of all of its partners, or such other approval as may be sufficient under applicable law to authorize such election, in the case of a general partnership. (b) Such election is made by delivery of a certificate of election to the Secretary of State for filing. The certificate shall set forth: (1) The name of the corporation, limited liability company, or general partnership making the election; (2) That the corporation, limited liability company, or general partnership elects to become a limited partnership; (3) The effective date and time of such election if later than the date and time the certificate of election is filed; (4) That the election has been approved as required by subsection (a) of this Code section;

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(5) That filed with the certificate of election is a certificate of limited partnership that is in the form required by Code Section 14-9-201, that sets forth a name for the limited partnership that satisfies the requirements of Code Section 14-9-102, and that shall be the certificate of limited partnership of the limited partnership formed pursuant to such election unless and until modified in accordance with this chapter; and (6) A statement that states: (A) The manner and basis for converting the shares of the corporation, the membership interests of the members of the limited liability company, or the interests of the partners in the general partnership into interests as members of the limited partnership formed pursuant to such election; or (B) (i) That a written partnership agreement has been entered into among the persons who will be the members of the limited partnership formed pursuant to such election; (ii) That such partnership agreement will be effective immediately upon the effectiveness of such election; and (iii) That such partnership agreement provides for the manner and basis of such conversion. (c) Upon the election becoming effective the: (1) Corporation, limited liability company, or general partnership shall become a limited partnership formed under this chapter by such election; (2) Shares of the corporation, interests in the limited liability company, or the interests of the partners of the general partnership making the election shall be converted on the basis stated or referred to in the certificate of election in accordance with paragraph (6) of subsection (b) of this Code section; (3) Certificate of limited partnership filed with the certificate of election shall be the articles of organization of the limited partnership formed pursuant to such election unless and until amended in accordance with this chapter; (4) Articles of incorporation and bylaws of the corporation, articles of organization and operating agreement of the limited liability company, or partnership agreement and statement of partnership, if any, of the general partnership making the election shall be of no further force or effect; (5) Limited partnership formed by such election shall thereupon and thereafter possess all of the rights, privileges, immunities, franchises, and powers of the corporation, limited liability company, or general

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partnership making the election; and all property, real, personal, and mixed, and all debts due to such corporation, limited liability company, or general partnership, as well as all other choses in action, and each and every other interest of, belonging to, or due to the corporation, limited liability company, or general partnership shall be taken and deemed to be vested in the limited partnership formed by such election without further act or deed; and the title to any real estate, or any interest in real estate, vested in the corporation, limited liability company, or general partnership shall not revert or be in any way impaired by reason of such election; and (6) Limited partnership formed by such election shall thereupon and thereafter be responsible and liable for all the liabilities and obligations of the corporation, limited liability company, or general partnership making the election, and any claim existing or action or proceeding pending by or against such corporation, limited liability company, or general partnership may be prosecuted as if such election had not become effective. Neither the rights of creditors nor any liens upon the property of the corporation, limited liability company, or general partnership shall be impaired by such election. (d) A limited partnership formed by the foregoing election may file a copy of the foregoing election to become a limited partnership, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited partnership is located and record such certified copy of the election in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited partnership indexed as the grantor and the limited partnership indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to the recordation of such election. (e) The Secretary of State shall be authorized to promulgate such rules and charge such filing fees as are necessary to carry out the purpose of this Code section. SECTION 3. Said title is further amended by striking in its entirety paragraphs (12) and (18) of Code Section 14-11-101, relating to definitions relative to limited liability companies, and inserting in their place the following: (12) `Limited liability company' means a limited liability company formed under this chapter by one or more members. (18) `Operating agreement' means any agreement, written or oral, as to the conduct of the business and affairs of a limited liability company that is binding upon all of the members. A written operating agreement may provide that a person shall be admitted as a member of a limited liability company, or shall become an assignee of a limited

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liability company interest or other rights or powers of a member to the extent assigned, and shall become bound by the operating agreement and the provisions of the articles of organization (A) if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) executes the operating agreement or any other writing evidencing the intent of such person to become a member or assignee, or (B) without such execution, if such person (or a representative authorized by such person orally, in writing, or by other action such as payment for a limited liability company interest) complies with the conditions for becoming a member or assignee as set forth in the written operating agreement or any other writing and such person or representative requests in writing that the records of the limited liability company reflect such admission or assignment. In the case of a limited liability company with only one member, a writing signed by that member stating that it is intended to be a written operating agreement shall constitute a written operating agreement. SECTION 4. Said title is further amended by inserting a new subsection to be designated subsection (d) in Code Section 14-11-212, relating to election to become a limited liability company, to read as follows: (d) A limited liability company formed by an election pursuant to this Code section may file a copy of such election to become a limited liability company, certified by the Secretary of State, in the office of the clerk of the superior court of the county where any real property owned by such limited liability company is located and record such certified copy of the election in the books kept by such clerk for recordation of deeds in such county with the entity electing to become a limited liability company indexed as the grantor and the limited liability company indexed as the grantee. No real estate transfer tax under Code Section 48-6-1 shall be due with respect to recordation of such election. SECTION 5. Said title is further amended by striking in its entirety Code Section 14-11-303, relating to liability to third parties, and inserting in its place the following: 14-11-303. (a) A person who is a member, manager, agent, or employee of a limited liability company is not liable, solely by reason of being a member, manager, agent, or employee of the limited liability company, under a judgment, decree, or order of a court, or in any other manner, for a debt, obligation, or liability of the limited liability company, whether arising in contract, tort, or otherwise, or for the acts or omissions of any

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other member, manager, agent, or employee of the limited liability company, whether arising in contract, tort, or otherwise. (b) Notwithstanding the provisions of subsection (a) of this Code section, under a written operating agreement or under another written agreement, a member or manager may agree to be obligated personally for any or all of the debts, obligations, and liabilities of the limited liability company. SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. SOCIAL SERVICES MEDICAL ASSISTANCE; REFUNDS OF PRESCRIPTION DRUG REBATES. Code Section 49-4-152.2 Enacted. No. 425 (House Bill No. 371). AN ACT To amend Article 7 of Chapter 4 of title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, so as to require refunds on certain drug rebates obtained by providers of medical assistance; 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 4 of Title 49 of the Official Code of Georgia Annotated, the Georgia Medical Assistance Act of 1977, is amended by adding immediately following Code Section 49-4-152.2 a new Code section to read as follows: 49-4-152.3. The department shall provide that any department contract with a provider of medical assistance which is renewed or executed on or after July 1, 1997, shall require a refund to the department of any prescription drug rebate, as established in this article or in federal law in Section 1927 of Title XIX of the Social Security Act, as amended, obtained by the

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provider for prescription drugs furnished to recipients of medical assistance pursuant to that contract. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. EDUCATION CHARACTER EDUCATION; COMPREHENSIVE PROGRAM FOR LEVELS K-12. Code Section 20-2-145 Enacted. No. 426 (House Bill No. 393). AN ACT To amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core curriculum, so as to provide for the development by the State Board of Education of a character curriculum in Georgia public schools; to provide for related matters; to provide for severability; 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 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education competencies and core curriculum, is amended by adding at the end of said part a new Code Section 20-2-145 to read as follows: 20-2-145. The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive character education program shall be known as the `character curriculum' and shall focus on the students' development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Local boards may implement such a program

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at any time and for any grade levels, and the state board shall encourage the implementation of such plan. SECTION 1.1. 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 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. PROFESSIONS AND BUSINESSES PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS; LICENSING EXEMPTION FOR CERTAIN EMPLOYEES; LICENSING OF ASSOCIATE PROFESSIONAL COUNSELORS; SPEECH-LANGUAGE PATHOLOGY; LICENSING EXEMPTION FOR CERTAIN EMPLOYEES. Code Title 43 Amended. No. 427 (House Bill No. 416). AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and business, so as to amend Chapter 44 to change provisions regarding license requirements for the practice of speech-language pathology and audiology; to amend Chapter 10A, relating to professional counselors, social workers, and marriage and family therapists, so as to provide for licensing of associate professional counselors, to prohibit use of the title associate professional counselor without licensure; to provide requirements for licensure as associate professional counselor; to provide for certain limitations on practice by associate professional counselors; to change the exception for certain persons providing services to individuals with disabilities or employed by agencies or departments of the state or its political subdivisions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10A of Title 43, relating to professional counselors, social workers, and marriage and family therapists, is amended by striking in its entirety subsection (a) of Code Section 43-10A-7, relating to licensing requirements, 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,' `associate professional counselor,' `social worker,' `marriage and family therapist,' or `associate marriage and family therapist,' nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, associate professional counselor, social worker, marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter. SECTION 2. Said chapter is further amended by striking subparagraph (b)(3)(A) of said Code Section 43-10A-7 and inserting in its place a new subparagraph to read as follows: (3)(A) Persons who, prior to July 1, 2000, engaged in the practice of a specialty as an employee of any community service board or similar entity created by general law to provide services to persons with disabilities, as defined in Chapter 2 of Title 37, or any agency or department of the state or any of its political subdivisions, but only when engaged in that practice as an employee of such an agency or department. SECTION 3. Said chapter is further amended by striking in its entirety Code Section 43-10A-11, relating to requirements for licensure in professional counseling, and inserting in lieu thereof the following: 43-10A-11. (a) The education, experience, and training requirements for licensure in professional counseling are as follows: (1) For licensure as an associate professional counselor, a master's degree from a recognized educational institution in a program that is primarily counseling in content which includes a supervised internship or practicum as part of the degree program 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 professional counselor; and

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(2) For licensure as a professional counselor: (A) A doctoral degree from a recognized educational institution in a program that is primarily counseling in content and requires at least one year of supervised internship in a work setting acceptable to the board; or (B) A specialist degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and two years of post-master's directed experience under supervision in a setting acceptable to the board; or (C) (i) A master's degree in rehabilitation counseling or in a program that is primarily counseling in content from a recognized educational institution; (ii) An internship or practicum supervised either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification; (iii) The Certified Rehabilitation Counselor designation from the Commission on Rehabilitation Counselor Certification; and (iv) Three years of post-master's directed experience providing rehabilitation services in a rehabilitation setting under supervision provided either by a supervisor, as defined in paragraph (16) of Code Section 43-10A-3, or by a Certified Rehabilitation Counselor certified as such by the Commission on Rehabilitation Counselor Certification. Up to one year of such experience may have been in an approved practicum or internship placement as part of the degree program; or (D) A master's degree from a recognized educational institution in a program that is primarily counseling in content with supervised internship or practicum and four years of post-master's directed experience under supervision in a setting acceptable to the board. Up to one year of such experience may have been in an approved practicum placement as part of the degree program. (b) For purposes of subsection (a) of this Code section, work settings acceptable to the board may include, but are not limited to, educational, rehabilitation, career development, mental health, community, or industrial organizations. (c) Associate professional counselors may only use the title `associate professional counselor' and may practice professional counseling 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 professional counselor.

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SECTION 4. Said title is further amended by striking paragraph (1) of subsection (b) of Code Section 43-44-7, relating to license requirements for the practice of speech-language pathology or audiology, and inserting in its place a new paragraph (1) to read as follows: (b)(1) Licensure is not required of a speech-language pathologist certified by the Department of Education or Professional Standards Commission or successor agency while that person is working as an employee of an educational institution, provided that no fees are charged for the services either directly or through a third party, except for medicaid. SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. EDUCATION CERTIFICATED PROFESSIONAL PERSONNEL; PROVISIONAL EMPLOYMENT PENDING CRIMINAL RECORD CHECK; DEFINITIONS RELATING TO PROFESSIONAL TEACHING PRACTICES; PROFESSIONAL PRACTICES COMMISSION; MEMBER EMERITUS; INVESTIGATIONS; AUTHORITY; RECOMMENDATIONS OF ACTIONS AGAINST EDUCATORS. Code Title 20, Chapter 2 Amended. No. 428 (House Bill No. 420). AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, so as to provide additional time for receipt of the criminal records check for teachers, principals, and other certificated professional personnel; to amend Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Professional Teaching Practices Act, so as to redefine the term educator; to provide for an additional definition; to provide for the appointment of members emeritus of the Professional Practices Commission; to provide for the qualifications, nomination, powers, duties, expenses, and terms of members emeritus; to provide for the rights of members emeritus and the reimbursement of their employers; to provide for privileged utterances; to change the provisions relating to investigations by the commission and the commission's authority over applicants; to change the provisions relating to disciplinary actions, findings of fact, conclusions of law, and recommendations; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of title 20 of the Official Code of Georgia Annotated, known as the Quality Basic Education Act, is amended by striking paragraph (1) of subsection (e) of Code Section 20-2-211, relating to annual contracts, and inserting in lieu thereof the following: (e)(1) Each person to be issued a contract of employment for the first time by a local unit of administration after July 1, 1994, as a teacher, principal, or other certificated professional personnel shall be fingerprinted and have a criminal record check made as required by this subsection prior to the issuing of a contract. The local unit of administration shall have the authority to employ a person or persons under a provisional or temporary contract for a maximum of 200 days to allow for the receipt of the results of the criminal record check. SECTION 2. Part 1 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, known as the Professional Teaching Practices Act, is amended by striking Code Section 20-2-792, relating to definitions, and inserting in its place the following: 20-2-792. As used in this part, the term: (1) `Commission' means the Professional Practices Commission. (2) `Educator' means teachers and school or school system administrators and other education personnel of this state who hold certificates, permits, or other certification documents issued by the Professional Standards Commission and persons who have applied for but have not yet received or been denied such certificates, permits, or other certification documents from the Professional Standards Commission. (2.1) `Expungement' means the records are sealed and labeled pursuant to Code Section 20-2-795.1. (3) `Local board' means the board of education of any local school system. (4) `Local school system' means any county school system or any independent school system of a municipality.

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(5) `Local superintendent' means the school superintendent of any local school system. (6) `State board' means the State Board of Education. (7) `State Superintendent' means the State School Superintendent. (8) `Teaching' means any professional service rendered or performed by an educator. SECTION 3. Said part is further amended by adding a new subsection (d) to Code Section 20-2-793, relating to the creation, composition, nomination and appointment of members, terms, removal, and vacancies in the membership of the Professional Practices Commission, to read as follows: (d) There is created the position of member emeritus of the commission. The executive director of the commission shall recommend to the commission a list of former members of the commission who are eligible for appointment as members emeritus. The commission may appoint such number of such persons as members emeritus as the commission deems advisable to assist the commission in the execution of its duties, but not more than 17 persons shall serve as members emeritus at any one time. Members emeritus shall be appointed for a term of three years and no person shall be eligible to serve as a member emeritus for more than three years. To be eligible for service as a member emeritus, a person must have served as a member of the commission for a term which ended on or after January 1, 1993, must hold a valid Georgia educator certificate, and must be employed in the public schools of this state or by the Department of Education or be retired from employment in the public schools or the Department of Education. Members emeritus shall be eligible to serve as members of any hearing panel in any hearing conducted by the commission. Members emeritus shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses, not to exceed $59.00 per day, incurred in the performance of their official duties and for mileage at the same rate as state officials and employees. A member emeritus of the commission who is an employee of the Department of Education or of a local board shall be permitted to attend commission meetings and perform other commission duties without loss of income or other benefits. A local board which employs a member emeritus of the commission and employs a person to replace such member emeritus during his or her performance of commission duties or incurs other additional expenses as a result of such performance shall be reimbursed for the actual amount of expenses so incurred. When acting in good faith in the course of their duties at meetings or hearings of the commission, members emeritus shall be privileged in their utterances.

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SECTION 4. Said part is further amended by striking subsection (e) of Code Section 20-2-796, relating to investigations by the Professional Practices Commission and the commission's authority over applicants, and inserting in its place the following: (e) No applicant who is under investigation by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law or to enter an order recommending denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following: (1) Institute or continue an investigation or a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law; or (2) Enter an order recommending to the Professional Standards Commission suspending or revoking the certificate, permit, or other certification document. SECTION 5. Said part is further amended by striking subsection (a) of Code Section 20-2-797, relating to recommendations of the Professional Practices Commission as to disciplinary actions and consultative services and recommendations, and inserting in its place the following: (a) Following its completion of an investigation authorized by Code Section 20-2-796 but, in a contested case, not before the conclusion of a hearing held pursuant to Code Section 50-13-41, the commission may furnish to the local board, the state board, the Professional Standards Commission, or any combination thereof, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the commission may recommend that no action be taken against the educators involved if the commission determined that the complaints against the educators were not justified. If the commission determined there was justification for the complaints against the educators involved, it may recommend any combination of the following actions: (1) That the educators be warned, reprimanded, monitored, or any combination thereof; (2) That the contracts of the educators be terminated, suspended, or not renewed; or

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(3) That the certificates of the educators be suspended or revoked. SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. GRIMES AND OFFENSES SHOPLIFTING; PUNISHMENT. Code Section 16-8-14 Amended. No. 429 (House Bill No. 423). AN ACT To amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to change the provisions relating to shoplifting so that the fourth or subsequent conviction for shoplifting shall be a felony; to change the provisions relating to sentences for a third conviction; to provide for penalties; 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. Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, is amended by striking paragraph (1) of subsection (b) of said Code section and inserting in lieu thereof the following: (b)(1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section when the property which was the subject of the theft is $100.00 or less in value, shall be punished as for a misdemeanor; provided, however, that: (A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $250.00 and the fine shall not be suspended or probated; (B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code

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section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a `special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and (C) Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. 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 29, 1997. ANIMALS NONTRADITIONAL LIVESTOCK; FARMED DEER; PRODUCTION; IMPORTATION; DISEASE CONTROL AND ERADICATION; WILD ANIMAL DESTRUCTION OR INJURY. Code Section 4-4-1.1 Amended. Code Title 4, Chapter 4, Article 5 Enacted. Code Title 27 Amended. No. 430 (House Bill No. 426). AN ACT To amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to change the provisions relating to the definition of the term livestock; to provide for a definition of nontraditional livestock; to provide for deer farming and the regulation of farmed deer; to provide for a statement of purpose; to provide for definitions; to provide for licenses; to provide for revocation of licenses and other enforcement matters and procedures; to require the keeping of records; to provide for the construction and maintenance of facilities and standards relating thereto; to provide for the notification of the Department of Natural Resources of certain events; to provide for health and transportation requirements; to provide for entry onto certain premises; to provide for exceptions; to provide for rules and regulations; to provide for duties of the Commissioner of Agriculture, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources; to provide for injunctions; to provide for administrative enforcement and administrative penalties; to provide for practices and procedures; to prohibit the intentional release of farmed deer and the importing, transporting, selling, transferring, or possessing of a farmed deer in such a manner as to cause its release or escape from captivity; to provide for penalties; to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define certain terms; to prohibit the hunting, shooting, killing, or wounding of farmed deer; to provide for exceptions; to provide for additional authority and powers of the commissioner of natural resources, the Department of Natural Resources, and agents and employees thereof; to change the provisions relating to wild animal licenses; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended by striking Code Section 4-4-1.1, relating to the definition of the term livestock, and inserting in lieu thereof the following: 4-4-1,1. As used in this chapter, the term: (1) `Livestock' means cattle, swine, equines, poultry, sheep, goats, ratites, nontraditional livestock, and ruminants. (2) `Nontraditional livestock' means the species of Artiodactyla (eventoed ungulates) listed as bison, water buffalo, farmed deer, llamas, and alpacas that are held and possessed legally and in a manner which is not in conflict with the provisions of Chapter 5 of Title 27 dealing with wild animals. SECTION 2. Said title is further amended by adding at the end of Chapter 4, relating to prevention and control of disease in livestock, a new Article 5 to read as follows:

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ARTICLE 5 4-4-170. The purpose of this article is to provide for the production of farmed deer as an agricultural operation and to provide for the importation, production, and control and eradication of disease in farmed deer. 4-4-171. As used in this article, the term: (1) `Deer farming' means the agricultural operation of raising and production of farmed deer for the commercial production of food and fiber. (2) `Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), reindeer and caribou (Rangifer tarandus), and hybrids between these farmed deer species raised for the commercial sale of meat and other parts or for the sale of live animals. Those cervids which are indigenous to this state, including white-tailed deer, and those members of the order Artiodactyla which are considered to be inherently dangerous to human beings and are described in subparagraph (a)(1)(F) of Code Section 27-5-5 shall be classified as unacceptable species and shall not be included within the definition of farmed deer. Deer that may be under the authority of Title 50, Part 23, Subpart c of the Code of Federal Regulations, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, 27 U. ST. 108, TIAS 8249, must meet the requirements set forth in the federal Endangered Species Act of 1973, as amended, 16 U.S.C. 1531 et seq. 4-4-172. (a) No person shall possess, buy, import, or transport farmed deer or engage in or carry on the business of deer farming without first applying for and obtaining a deer-farming license from the Commissioner of Agriculture. A deer-farming license shall be valid from the date of issuance to March 31 of the following calendar year. A deer-farming license will not be issued by the Commissioner to any deer-farming operation which has not been inspected and approved by the Department of Natural Resources, provided that any facility expansion must be reapproved prior to renewal of a deer-farming license. (b) The license of any deer farm operator violating this article or any rule or regulation adopted by the Commissioner pursuant to this article shall be subject to revocation, cancellation, or suspension following notice and hearing. A deer-farming license of any licensee whose facility does not meet the definition of an agricultural operation shall be revoked, and such license may be revoked if the licensee violates any

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provision of Title 27, relating to wild animals. Any farmed deer must be disposed of within 45 days of revocation of any deer-farming license. (c) Deer farm operators shall maintain inventory records of their deer herds, including natural additions, purchased additions, sales, and deaths. Records shall be kept in accordance with specifications of the Commissioner and shall be subject to review by the Commissioner or a representative or employee of the department. (d) Deer farm operators shall construct and maintain premises and facilities used in deer farming in accordance with rules established by the Commissioner and in accordance with subparagraph (A) of paragraph (1) of Code Section 27-5-6, provided that: (1) The facility must be constructed of such material and of such strength as appropriate for the animals involved; (2) Housing facilities shall be structurally sound and shall be maintained in good repair to protect and contain the animals; (3) The facilities shall be designed in such manner, including the inclusion of barriers of sufficient dimensions and conformation, to safeguard both the animals and the public against injury or the transmission of diseases by direct contact; and (4) Any portion of such facility within which farmed deer are maintained shall be surrounded by a fence with a minimum height of eight feet with the bottom six feet made of woven mesh and constructed of a design, strength, gauge, and mesh approved by the department, after consultation with the Department of Natural Resources, and which is sufficient to prevent escape of farmed deer and to prevent white-tailed deer from entering. Supplemental wire to attain a height of eight feet may be smooth, barbed, or woven wire of a gauge and mesh approved by the department with strands no more than six inches apart. All trees and other structures which pose a threat to the integrity of the fencing shall be removed unless fencing is constructed so as to prevent the breach of the fence from the fall of a tree or structure. (e) It shall be the duty of the Department of Agriculture to inspect an applicant's facilities and to transmit a copy of any application for a deer-farming license to the Department of Natural Resources. The Department of Natural Resources shall inspect the applicant's facilities and shall report to the Department of Agriculture within 30 days of receipt of the application. It also shall be the duty of the Department of Agriculture to transmit a copy of any license issued pursuant to this article to the Department of Natural Resources. It also shall be the duty of the Department of Agriculture to notify the Department of Natural Resources of the revocation, nonrenewal, cancellation, or lapse of any license issued pursuant to this article. All such notifications shall be

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made in writing and shall be made as promptly as possible, but in no event shall such notification be given more than 72 hours after the event giving rise to the requirement of notice. (f) For purposes other than agricultural operations, farmed deer species must be held under a wild animal license pursuant to Chapter 5 of Title 27. Anyone holding, possessing, importing, or transporting farmed deer without a deer-farming license or a wild animal license is in violation of Title 27. 4-4-173. Health and transportation requirements for any Artiodactyla (even-toed ungulates) must meet the health requirements established by rule or regulation of the Georgia Department of Agriculture. Those animals specifically used for deer farming must meet the requirements of the Uniform Methods and Rules of the Code of Federal Regulations for Tuberculosis and Brucellosis in Cervidae. 4-4-174. Any farmed deer or cervid which escapes from a licensed deer farm shall be subject to the jurisdiction of the Department of Natural Resources and may be treated as an escaped wild animal which is subject to the provisions of Chapter 5 of Title 27, except that, while such animal is roaming freely outside the enclosure of any licensed deer farm, the owner of such farmed deer or cervid shall have 48 hours from the time the escape is detected to recapture such animal and return it to the licensed deer farm. As a condition for maintaining a deer-farming license, it shall be the duty of the owner or operator of a licensed deer farm to notify the Department of Natural Resources immediately upon discovery of the escape of a farmed deer. When such notice has been given, no legal hunter shall be held liable for killing or wounding an escaped deer. 4-4-175. Deer farm operators shall allow the entry onto the deer farm of representatives of the Department of Agriculture, the Department of Natural Resources, or other departments or agencies having authority or duties involving farmed deer or wild animals to ensure compliance with applicable federal and state laws. 4-4-176. The provisions of this article shall not apply to any facility at which any animal which would otherwise qualify as a farmed deer is intentionally commingled with any species which is classified as and subject to regulation as a wild animal under the provisions of Chapter 5 of Title 27.

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4-4-177. The Commissioner of Agriculture is authorized to promulgate rules and regulations as may be necessary to effectuate the purpose of this article. Such rules and regulations shall be promulgated after consultation with the Department of Natural Resources and shall be designed to ensure the health and safety of wildlife and prevent the spread of animal diseases between wildlife, wild animals, domestic animals, farmed deer, and people. It shall be the duty of the Commissioner, the Department of Agriculture, the Board of Natural Resources, the commissioner of natural resources, and the Department of Natural Resources to communicate and consult on matters of mutual concern so as to ensure the health and safety of farmed deer, wildlife, wild animals, domestic animals, and people and to prevent, control, and eradicate animal diseases within this state. 4-4-178. In addition to the remedies provided in this article and notwithstanding the existence of any adequate remedy at law, the Commissioner is authorized to apply to the superior court for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner pursuant to this article. An injunction issued under this Code section shall not require a bond. 4-4-179. (a) The Commissioner, in order to enforce this article or any orders, rules, or regulations promulgated pursuant to this article, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated any provision of this article or any quarantines, orders, rules, or regulations promulgated pursuant to this article. (b) The initial hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. All penalties recovered by the Commissioner as provided for in this article shall be paid into the state treasury. The Commissioner may file in the superior court wherein the person under order 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 a certified copy of a final

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order of the Commissioner unappealed from or of a final order of the department affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment had been rendered in an action duly heard and determined by said court. The penalty prescribed in this Code section shall be concurrent, alternative, or cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any quarantines, orders, rules, or regulations promulgated pursuant thereto. 4-4-180. It shall be unlawful for any person intentionally to release a farmed deer from captivity or to import, transport, sell, transfer, or possess a farmed deer in such a manner as to cause its release or escape from captivity. If a person imports, transports, sells, transfers, or possesses a farmed deer in such a manner as to pose a reasonable possibility that such farmed deer may be released accidentally or escape from captivity, the department may revoke the license of such person. 4-4-181. Any person violating the provisions of this article shall be guilty of a misdemeanor. SECTION 3. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by adding a new paragraph (27.1) to Code Section 27-1-2, relating to definitions, to read as follows: (27.1) `Farmed deer' means fallow deer (Dama dama), axis deer (Axis axis), sika deer (Cervus nippon), red deer and elk (Cervus elaphus), and reindeer and caribou (Rangifer tarandus), and hybrids between these farmed-deer species raised for the commercial sale of meat and other parts or for the sale of live animals. SECTION 4. Said title is further amended by striking subsection (a) of Code Section 27-5-4, relating to wild animal licenses and permits generally, in its entirety and inserting in lieu thereof the following: (a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any person to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section; provided, however, anyone

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holding a deer-farming license is not required to have a wild animal license or permit to possess farmed deer. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the department determines appropriate in light of the provisions of this chapter. An applicant for a wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter. SECTION 5. Said title is further amended by striking paragraph (b) of Code Section 27-5-10, relating to disposal of wild animals recaptured after escape or seized, in its entirety and inserting in lieu thereof the following: (b) Notwithstanding any other provisions of this title, when a wild animal regulated by this chapter has escaped, the commissioner or the commissioner's designee may authorize the destruction of the wild animal by employees or agents if it is determined that the wild animal poses a threat to the safety of human beings, threatens the well-being of wildlife populations, or if it is determined that there is very little likelihood that the wild animal can be recaptured. SECTION 6. Said title is further amended by adding a new Code Section 27-5-12 to read as follows: 27-5-12. It shall be unlawful to shoot, kill, or wound any wild animal held under a wild animal license or permit or any farmed deer for enjoyment, gain, amusement, or sport. This Code section does not prohibit: (1) A licensed veterinarian from diagnosing, treating, or performing other duties within the standards of veterinary practice on a farmed deer; (2) The slaughter of wild animals or farmed deer in compliance with the provisions of paragraph (16) of Code Section 27-5-6 and with the laws of this state relating to the slaughter of livestock; or (3) The recapture or disposal of farmed deer which have escaped and which have become classified as wild animals pursuant to Code Section 4-4-174 or the disposal of wild animals according to Code Section 27-5-10.

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SECTION 7. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. COMMERCE AND TRADE RETAIL INSTALLMENT AND HOME SOLICITATION SALES; REVOLVING ACCOUNTS; PRESUMPTION OF SIGNING OR ACCEPTANCE BY BUYER; EFFECTIVENESS. Code Section 10-1-4 Amended. No. 431 (House Bill No. 431). AN ACT To amend Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under The Retail Installment and Home Solicitation Sales Act, so as to provide conditions under which a revolving account shall be presumed to be signed or accepted by the buyer; to provide conditions under which a revolving account becomes effective; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 10-1-4 of the Official Code of Georgia Annotated, relating to requirements for revolving accounts under The Retail Installment and Home Solicitation Sales Act, is amended by striking subsection (a) and inserting in lieu thereof a new subsection (a) to read as follows: (a) Every revolving account shall be in writing and shall be completed prior to the signing thereof by the retail buyer. The printed portion, other than instructions for completion, of any revolving account shall be in at least six-point type. Any such account shall contain the names of the seller and the buyer, the place of business of the seller, and the residence or place of business of the buyer as specified by the buyer, and substantially the following notice in clear and conspicuous type: `Notice to the Buyer Do not sign this before you read it or if it contains any blank spaces. You are entitled to an exact copy of the paper you sign. You have the right to pay in advance the full amount due.'

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A copy of any such account shall be delivered or mailed to the retail buyer by the retail seller prior to the date on which the first payment is due thereunder. Any acknowledgment by the buyer of delivery of a copy of the account shall be in clear and conspicuous type and, if contained in the account, shall appear directly above the buyer's signature. No account shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed. The buyer's acknowledgment, conforming to the requirements of this subsection, of delivery of a copy of an account shall be presumptive proof in any action or proceeding of such delivery and that the account, when signed, did not contain any blank spaces as provided in this subsection. A revolving account shall be presumed to be signed or accepted by the buyer if, after a request for a revolving account, such revolving account or application for a revolving account is in fact signed by the buyer or if such revolving account is used by the buyer or if such revolving account is used by another person authorized by the buyer to use it. The revolving account is not effective until: the buyer has received the disclosures required pursuant to the federal Truth in Lending Act, 15 U.S.C. Section 1601, et seq., as amended; the buyer or a person authorized by the buyer uses the revolving account; and the seller or its assignee extends credit to the buyer for transactions on the revolving account. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. HEALTH HOSPITAL AUTHORITIES; MEMBERS; FINANCIAL INTERESTS; OATHS; TRANSFERS OF HOSPITALS; REPORTS; NONPROFIT CORPORATIONS. Code Section 14-3-305 Enacted. Code Title 31, Chapter 7, Article 4 Amended. No. 432 (House Bill No. 445). AN ACT To amend Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, so as to provide for the right, powers, benefits, and purposes of those nonprofit corporations formed, created, or operated by or on behalf of a hospital authority and provide for the applicability of certain conflicts of interest restrictions and reporting and disclosure requirements; to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, so as to provide a system for the disclosure and handling of certain conflicts of interest; to provide for certain disclosures and prohibit the transaction of certain business; to provide for consequences when actions are taken which comply with or violate these prohibitions; to provide for conflicts and stricter rules; to provide for an oath of office for authority members; to provide for conditions and limitations regarding certain sales and leases of hospitals owned by hospital authorities; to provide for additional information concerning indigent and charity care and annual reports; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 3 of Title 14 of the Official Code of Georgia Annotated, relating to the purposes and powers of nonprofit corporations, is amended by adding at the end a new Code section to read as follows: 14-3-305. (a) As used in this Code section, the term `nonprofit' means any nonprofit corporation organized under or subject to this chapter which is formed, created, or operated by or on behalf of a hospital authority. (b) Nonprofits shall have all of the rights, powers, benefits, and purposes granted to other nonprofit corporations under this chapter and shall not be subject to any restrictions contained in Article 4 of Chapter 7 of Title 31, the `Hospital Authorities Law,' except as provided in subsections (c) and (d) of this Code section. (c) A director of a nonprofit shall be subject to the provisions of Code Section 31-7-74.1 with respect to conflicts of interest regarding such nonprofit and the hospital authority which formed, created, or operates such nonprofit, and Code Section 31-7-74.1 shall be deemed to apply to such nonprofit and such hospital authority only for such purpose. (d) A nonprofit shall be subject to the provisions of Code Section 31-7-90.1 with respect to reporting community benefits provided by such nonprofit and with respect to annual reports by such nonprofit disclosing certain transactions with the nonprofit or with the hospital authority which formed, created, or operates the nonprofit and Code Section 31-7-90.1 shall be deemed to apply to both that nonprofit and that hospital authority only for such purposes. (e) Nothing in this Code section shall be deemed or construed to affect in any manner the provisions of Code Section 31-7-75.2, Chapter 14 of Title 50, or Article 4 of Chapter 18 of Title 50 or to change existing law as to whether such statutory provisions are applicable to nonprofits. SECTION 2. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the Hospital Authorities Law, is amended by striking Code

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Section 31-7-74, relating to residency qualifications of authority members, and inserting in its place the following: 31-7-74. The members of a hospital authority shall be residents of the participating units comprising the authority. The requirement of residence shall not apply to authorities activated under subsection (d) of Code Section 31-7-72, provided they are selected from within the area of service and within 12 miles of the hospital location or within 12 miles of the sponsoring county or municipality, whichever is farther. The members shall elect one of their number as chair and another as vice chair and shall also elect a secretary-treasurer, who need not be a member. The members shall receive no compensation for their services, either as members or as employees of the authority but may be reimbursed for their actual expenses incurred in the performance of their duties or, in the alternative, the members may elect to be reimbursed for such expenses on a per diem basis in an amount not to exceed $100.00 per meeting and the total amount not to exceed $100.00 per month. The authority shall make rules and regulations for its governance and may delegate to one or more of its members, officers, agents, or employees such powers and duties as may be deemed necessary and proper. SECTION 3. Said article is further amended by adding following Code Section 31-7-74 new Code sections to read as follows: 31-7-74.1. (a) As used in this Code section, the term: (1) `Family' means spouse, child, or sibling. (2) `Financial interest' means the direct or indirect ownership of any assets or stock of any business. (3) `Substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of any business. (4) `Transact business' or `transact any business' or `transaction' means any sale or lease of any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative. (b) Each member of a hospital authority shall disclose upon his or her selection as a member, and at least annually thereafter, the following described interests and relationships: (1) Any financial interest held by the member or the member's family, or held by an entity in which the member or the member's family owns a financial interest, in any health care provider, any managed care

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provider or network, or any entity which sells products or services to the authority; (2) Any position held by the member or the member's family as an officer, director, or employee of a hospital, hospital holding company, other health care provider, or managed care network; and (3) Any contract which exists between the member or the member's family, or any entity in which the member or the member's family owns a financial interest, and the authority, including, but not limited to, supply contracts, service contracts, and leases. (c) Except as otherwise provided in this Code section, no authority member, no hospital chief executive, and no hospital system chief executive officer shall, for such person or for any entity in which such person or such person's family has a substantial interest, transact any business with such authority. (d) The prohibition of subsection (c) of this Code section shall not apply to: (1) Any relationship whereunder a person licensed under Title 43 provides to such authority or its medical facilities any services; (2) Any officer or employee of a trust company or bank which has been selected to be the depository of the funds of such nonprofit corporation; or (3) Any transaction by a board member or a board member's family where the amount of all transactions between the parties is $1,000.00 or less in any one year. (e) A transaction in which any member of an authority has a financial interest or relationship described in subsection (b) of this Code section which does not constitute a substantial interest may be approved if, at the time of such approval: (1) The material facts of the transaction and the member's financial interest are disclosed or known to the authority's board; (2) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction; and (3) The members approving the transaction in good faith reasonably believe that the transaction is fair to the authority. (f) Notwithstanding the provisions of subsection (c) of this Code section, a transaction in which any member of an authority has a substantial interest may be approved if: (1) The transaction was submitted to a competitive process for requests for proposals, which includes but is not limited to consideration

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of all submitted proposals for price, quality, and appropriateness; and (2) Notice of the transaction was published in the official county organ not less than two weeks prior to the approval of the board; (3) Opportunity for public comment concerning the proposed transaction was provided at a meeting of the board; (4) At the time of approval, the members approving the transaction in good faith reasonably believe that the transaction is fair and is in the best interests of the authority; and (5) The interested member is absent from any portion of a meeting which discusses or votes upon said transaction. (g) For purposes of this Code section, a transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the members on the board present and voting who have no financial interest in the transaction. A majority, but not less than two, of all the noninterested members on the board present and voting constitutes a quorum for purposes of action that complies with this Code section. (h) Any action by an authority which is taken in compliance with the applicable requirements of this Code section may not be enjoined, set aside, or give rise to an award of damages or other sanctions against the authority or any member or officer on the ground of a member's or officer's interest in such transaction. For any action by an authority not in compliance with such requirements, any member knowingly violating such requirements shall be immediately sanctioned, which may include, but not be limited to, reprimand, temporary suspension, or permanent removal from the authority after appropriate notice and hearing. The entity having appointed such member shall have the authority to impose any sanction. (i) Nothing in this Code section shall prevent an authority from having stricter rules relating to interests or relationships than what is provided in this Code section. (j) To the extent the provisions of this Code section conflict with the provisions of any other law, the provisions of this Code section shall govern. (k) The provisions of this Code section shall apply to those individuals serving as members of an authority who are appointed or reappointed on or after July 1, 1997. However, this Code section shall apply to all members of an authority, regardless of appointment date, serving on or after July 1, 1998. 31-7-74.2. Each member of a hospital authority shall take in the presence of an officer authorized to administer same the following oath:

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I, _____, citizen of _____ County, Georgia, do solemnly swear that I will, to the best of my ability, without favor or affection to any person and without any unauthorized financial gain or compensation to myself, faithfully and fairly discharge all of the duties and responsibilities that devolve upon me as a member of _____ Hospital Authority, during the term of my service as such member. 31-7-74.3. (a) No hospital which is owned by a hospital authority may be sold or leased to a for profit entity, a not for profit entity, or another hospital authority unless a public hearing regarding such action is held in the county where such hospital is located at least 60 days prior to such sale or lease becoming effective. In the event there is more than one participating unit for an authority, a hearing shall be held in each participating unit's county at least 60 days prior to the sale or lease becoming effective. The hospital authority must publish notice of the hearing at least three times, with the first such notice appearing at least 60 days prior to the hearing in the legal organ of each participating unit. At each such public hearing, the hospital authority shall describe, discuss, or otherwise disclose: (1) The reasonably foreseeable adverse and beneficial effects of such lease or sale upon health care in the service area of the hospitals to be leased or sold, and, for purposes of this paragraph, the service area shall include the county in which the hospital is located and each adjoining county; (2) A financial statement indicating the estimated value of the total assets and liabilities to be transferred or received in the transaction; however, if the value of any individual asset exceeds $100,000.00, a description and the value of such assets shall be indicated on the financial statement; and (3) The resumes of the top five executive officers who will manage the facility after it is sold or leased. This subsection shall not apply to any transaction which is subject to the provisions of Code Section 31-7-89.1 as such Code section may be enacted by HB 600 during the 1997 regular session of the General Assembly. (b) No hospital which is owned by a hospital authority may be leased to another person, corporation, or business entity, other than as provided in paragraphs (23) and (24) of Code Section 31-7-75, unless such lease requires that: (1) At least one member of the hospital authority will serve as a full voting member upon the governing body or local board of the business entity exercising control and management powers over the leased hospital; and

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(2) The governing body or local board of the business entity exercising control and management powers over the leased hospital submits to the governing authority of each county in which the hospital is located, within 90 days after the close of the calendar year or that entity's fiscal year, a complete and detailed financial statement for that entity. (c) Provisions of a lease required by subsection (b) of this Code section may not be renegotiated or otherwise altered or amended for the duration of such lease. SECTION 4. Said article is further amended by creating a new Code Section 31-7-90.1 to read as follows: 31-7-90.1. (a) Each hospital authority created by and under this article shall annually prepare a community benefit report disclosing the cost of indigent and charity care provided by such authority for the preceding year not later than 90 days after the close of the fiscal or calendar year. Such report provided for in this Code section shall include a statement of the cost and type of indigent and charity care provided by the authority, including the number of indigent persons served, categorization of those persons by county of residence, as well as the cost of indigent and charity care provided in dollars. Such community benefit report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units. (b) Each hospital authority created by and under this article shall also annually prepare a report indicating any entity in which a member or member's family has a direct or indirect ownership of assets or stock constituting between 10 percent and 25 percent which transacted business with the authority during the previous year. Such report shall be filed with the clerk of superior court of the county in which the authority's hospital is located, as well as with the governing body or bodies of such authority's participating units. SECTION 5. This Act shall become effective on July 1, 1997. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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CRIMES AND OFFENSES HANDGUNS; BRADY HANDGUN VIOLENCE PROTECTION ACT REGULATIONS; DEALER DUTIES; TOLL-FREE TELEPHONE SERVICE FOR DEALER INQUIRIES; APPLICABILITY TO LOAN AND PAWN TRANSACTIONS. Code Section 16-11-172, 16-11-177, and 16-11-181 Amended. No. 434 (House Bill No. 447). AN ACT To amend Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, so as to change the provisions relating to the duties of dealers; to change the times at which the toll-free telephone service established by the Georgia Bureau of Investigation shall be in service for inquiries by licensed dealers; to change the time period during which the exemption granted for certain loan or pawn transactions is applicable; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 5 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to Brady Law regulations, is amended by striking paragraph (3) of Code Section 16-11-172, relating to duties of dealers and request to bureau for records check, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The dealer has requested, by means of a toll-free telephone call during hours in which such toll-free telephone number established by the bureau is operational as provided in Code Section 16-11-177, that the bureau conduct a criminal history and involuntary hospitalization records check;. SECTION 2. Said part is further amended by striking Code Section 16-11-177, relating to the toll-free telephone service established by the bureau, and inserting in lieu thereof a new Code Section 16-11-177 to read as follows: 16-11-177. The bureau shall establish a toll-free telephone number which shall be operational Monday through Saturday between the hours of 8:00 A.M. and 10:00 P.M. and operational on Sundays between the hours of 8:00 A.M. and 6:00 P.M. for purposes of responding to inquiries as described in this part from licensed dealers; provided, however, that such telephone service established by the bureau shall not be operational on Christmas Day. The bureau shall employ and train such personnel as are

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necessary to administer expeditiously the provisions of this Code section. SECTION 3. Said part is further amended by striking subsection (b) of Code Section 16-11-181, relating to the applicability of the Brady Law regulations and the transfer of handguns as collateral for loan or in pawn transactions, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any other provisions of this part, in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and such transaction has been carried out pursuant to the provisions of this part, upon such person reclaiming or redeeming the handgun from the dealer or upon such person transferring any other handgun as collateral or pledged goods to the same dealer or reclaiming the same at any time during the 12 month period immediately following the original transaction with such dealer, the provisions of this part shall not apply to such transfers subsequent to the original transfer during such 12 month period. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. REVENUE AND TAXATION SALES AND USE TAXES; EXEMPTION FOR MACHINERY COMPONENTS USED IN MANUFACTURING TANGIBLE PERSONAL PROPERTY; EXEMPTION FOR TELECOMMUNICATIONS MANUFACTURING FACILITY EQUIPMENT; SPECIAL COUNTY 1 PERCENT SALES AND USE TAX; NOTICES TO MAYORS OR CHIEF ELECTED OFFICIALS OF MUNICIPALITIES. Code Sections 48-8-3 and 48-8-111 Amended. No. 435 (House Bill No. 490). AN ACT To amend Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sale and use taxes, so as to provide for an additional exemption for certain components of machinery used directly in the manufacture of tangible personal property; to provide for an additional exemption for the sale of certain machinery and equipment incorporated into any telecommunications manufacturing facility; to provide for conditions and limitations; to provide for additional notice requirements for the imposition of the special county 1 percent sales and use tax; to provide for an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sale and use taxes, is amended by striking subparagraph (A) of paragraph (34) of Code Section 48-8-3, relating to exemptions, and inserting in lieu thereof the following: (A) Machinery, including components thereof, which is used directly in the manufacture of tangible personal property when the machinery is bought to replace or upgrade machinery in a manufacturing plant presently existing in this state; SECTION 2. Said chapter is further amended in Code Section 48-8-3, relating to exemptions from state sales and use taxation, by striking the period at the end of paragraph (58) thereof and inserting in its place a semicolon, inserting ; or at the end of paragraph (59) thereof, and adding thereafter a new paragraph (60) to read as follows: (60) The sale of machinery and equipment which is incorporated into any telecommunications manufacturing facility and used for the primary purpose of improving air quality in advanced technology clean rooms of Class 100,000 or less, provided such clean rooms are used directly in the manufacture of tangible personal property. SECTION 3. Said chapter is further amended by striking the introductory language of subsection (a) of Code Section 48-8-111, relating to procedure for imposing the special county 1 percent sales and use tax, and inserting in lieu thereof the following: (a) Prior to the vote of a county governing authority to impose the tax under this article, such governing authority shall deliver or mail a written notice to the mayor or chief elected official in each municipality located within the county. Such notice shall contain the date, time, place, and purpose of a meeting at which the governing authorities of the county and of each municipality are to meet to discuss the possible projects for inclusion in the referendum, including municipally owned or operated projects. The notice shall be delivered or mailed at least ten days prior to the date of the meeting. The meeting shall be held at least 30 days prior to the issuance of the call for the referendum. Following such meeting, a county governing authority voting to impose the tax authorized by this article shall notify the county election superintendent by forwarding to the superintendent a copy of the resolution or ordinance

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of the governing authority calling for the imposition of the tax. Such ordinance or resolution shall specify:. 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 29, 1997. SOCIAL SERVICES CHILDREN AND YOUTH SERVICES; PRIVATE OPERATION OF PROGRAMS UNDER LEASE AGREEMENTS. Code Section 49-4A-7 Amended. No. 436 (House Bill No. 496). AN ACT To amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, so as to provide authorization to the department to lease state property to a private vendor selected to operate a program on behalf of the department on state-owned property; to provide authorization for the lease to run concurrently with the service contract for the operation of the program; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services, is amended by striking paragraph (4) of subsection (a) of Code Section 49-4A-7, relating to the powers and duties of the Department of Children and Youth Services, and inserting in lieu thereof the following: (4) Enter into contracts and cooperative agreements with federal, state, county, and municipal governments and their agencies and departments; enter into contracts with public and private institutions and agencies of this and other states; enter into leases with private vendors selected to operate programs on behalf of the department which leases shall run concurrently with the department's service contracts; provided, however, that any such lease shall provide that if the property which is the subject of the lease is sold and conveyed during the term of the lease, such lease shall expire by operation of law 90 days after the closing of such sale and conveyance; and enter

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into contracts with individuals, as may be necessary or desirable in effectuating the purposes of this article; and. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. MOTOR VEHICLES AND TRAFFIC LICENSE PLATES; SPECIAL LICENSE PLATES SUPPORTING DISABLED ATHLETES. Code Section 40-2-48 Amended. No. 437 (House Bill No. 499). AN ACT To amend Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, so as to change certain provisions relating to special paralympic license plates; to provide for issuance of special license plates honoring and supporting disabled athletes; to provide for the design of such license plates; to provide for license fees; to provide for applications for license plates; to provide for processing of applications; to provide for licensing agreements; to provide for renewal of license plates; 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. Article 2 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles generally, is amended by striking Code Section 40-2-48, relating to special paralympic license plates, and inserting in its place the following: 40-2-48. (a) To ensure that the spirit and legacy of the 1996 Paralympic Games is continued and to promote activities that financially benefit organizations in this state which support or otherwise advance the causes of athletes with disabilities, there shall be issued beginning in 1998 special license plates to promote the United States Disabled Athletes Fund.

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(b) The commissioner shall prepare special distinctive license plates of a design which shall include the image of Blaze, the mascot and symbol of the 1996 Paralympic Games, as a tribute to the triumph of the human spirit. The special license plate must be of the same size and general design of general issue motor vehicle license plates; such plates shall include a unique identifying number, whereby the total characters do not exceed the sum of six, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) Beginning in calendar year 1998, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a manufacturing fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate within 30 days of application for such special license plate. Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) The commissioner shall retain all applications for such special license plates until a minimum of 500 applications have been received. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued, and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions as may be required for the use of the Blaze image or as may otherwise be necessary or appropriate to implement this Code section. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the United States Disabled Athletes Fund allowing the United States Disabled Athletes Fund to be the beneficiary of and receive $25.00 of each such manufacturing fee, provided that the state shall bear the cost of the manufacture of each such license plate. The commissioner may charge fees, make payments, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only any

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part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take such steps as may be necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (f) Upon transfer of the ownership of a private passenger vehicle upon which there is special license plate issued under this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. SECTION 2. This Act shall become effective July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. REVENUE AND TAXATION EXCISE TAXES IMPOSED BY COUNTIES OR MUNICIPALITIES ON PUBLIC LODGINGS; AUTHORIZATION FOR CERTAIN COUNTIES AND MUNICIPALITIES. Code Section 48-13-51 Amended. No. 438 (House Bill No. 508). 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 provide for requirements and limitations with respect thereto; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to

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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, lodgins, 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), (4.2), (4.3), (5), and (5.1) of this subsection, no tax levied pursuant to this Code section shall be levied or collected at a rate exceeding 3 percent of the charge to the public for the furnishings. (2) A county or municipality levying a tax as provided in paragraph (1) of this subsection shall in each fiscal year beginning on or after July 1, 1987, expend for the purpose of promoting tourism, conventions, and trade shows a percentage of the total taxes collected under this Code section which is not less than the percentage of such tax collections expended for such purposes during the immediately preceding fiscal year. In addition, if during such immediately preceding fiscal year any portion of such tax receipts was expended for such purposes through a grant to or a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization, then in each fiscal year beginning on or after July 1, 1987, at least the same percentage shall be expended through a contract or contracts with one or more such entities for the purpose of promoting tourism, conventions, and trade shows. The expenditure requirements of this paragraph shall cease to apply to a county or municipality which levies a tax at a rate in excess of 3 percent, as

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authorized under paragraphs (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (4.3), (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 two new paragraphs immediately following paragraph (4.1) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.2) and (4.3), respectively, to read as follows: (4.2) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) and municipalities within a county in which community auditorium or theater facilities owned and operated by the municipality or by a local authority created by local Act of the General Assembly for such purpose have been renovated which renovations are completed substantially on or before January 1, 2000, may levy a tax under this Code section at a rate of 7 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 (4.2)) an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of promoting tourism, conventions, and trade shows under a contract with a private sector nonprofit organization defined in subparagraph (A) of paragraph (8) of this subsection; and an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of either marketing or operating community auditorium or theater facilities or a community convention or trade center of which the theater or auditorium is a part. Marketing and operating expenditures may include a preopening marketing program for such facilities and an escrow account accrued prior to opening such facilities to cover operating expenses to be incurred after the opening of such facilities. (4.3) Notwithstanding the provisions of paragraph (1) of this subsection, a county (within the territorial limits of the special district located within the county) or municipality may levy a tax under this Code section at a rate of 7 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 (4.3)) amounts as follows: (A) an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of (i) promoting tourism, conventions, and trade shows; (ii) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (iii) supporting a facility owned or operated by a local government or local authority for convention and trade show purposes or any other similar or related purposes; or (iv) for some combination of such purposes. Amounts so

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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, or a private sector nonprofit organization, or through a contract or contracts with some combination of such entities, except that amounts expended for purpose (iii) may be so expended in any otherwise lawful manner; and (B) an amount equal to 28.58 percent of the total taxes collected at the rate of 7 percent for the purpose of operating, maintaining, and marketing of a conference center facility. SECTION 3. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in its place a new paragraph (6) to read as follows: (6) At no time shall a county or municipality levy a tax under more than one paragraph of this subsection. Following the termination of a tax under paragraph (3.1), (3.2), (3.3), (3.4), (3.5), (4.1), (4.2), (4.3), (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), (4.2), (4.3), (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), (4.2), (4.3), (5), or (5.1) of this subsection. SECTION 4. Said article is further amended by striking paragraphs (9) and (10) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting in their places new paragraphs (9) and (10) to read as follows: (9) (A) A county or municipality imposing a tax under paragraph (1), (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (4.3), (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.

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(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), (4.2), (4.3), (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), (4.2), (4.3), (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), (4.2), (4.3), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements of this subsection. (10) Nothing in this article shall be construed to limit the power of a county or municipality to expend more than the required amounts, or all, of the total taxes collected under this Code section for the purposes described in paragraph (2), (3), (3.1), (3.2), (3.3), (3.4), (3.5), (4), (4.1), (4.2), (4.3), (5), or (5.1) 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 29, 1997. LAW ENFORCEMENT OFFICERS AND AGENCIES FORENSIC SCIENCES; EXTENSIVE REVISION AND CONSOLIDATION OF RELATED PROVISIONS; MEDICAL EXAMINERS; DEATH INVESTIGATIONS. Code Title 35, Chapter 3 Amended. Code Title 45, Chapter 16 Amended. No. 439 (House Bill No. 557). AN ACT To consolidate and revise the laws of this state relating to the Division of Forensic Sciences of the Georgia Bureau of Investigation and forensic testing of evidence; to provide for a short title; to amend Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, so as to repeal Code Section 35-3-14, relating to reimbursement of the director of the Division of Forensic Sciences for use of the director's private aircraft, Code Section 35-3-15, relating to the office of state medical examiner, and Code Section 35-3-16, relating to the testing of substances by the laboratories of the Division of Forensic Sciences; to enact a new Article 6 of said chapter; to provide for definitions; to provide for the duties and responsibilities of the Division of Forensic Sciences of the Georgia Bureau of Investigation; to provide for the appointment, duties, and responsibilities of the director of the Division of Forensic Sciences; to provide for the appointment, duties, and responsibilities of the chief medical examiner; to provide for official custodians of records of such division; to provide for establishing uniform procedures for forensic tests; to exempt certain matters from Chapter 13 of Title 50 of the Official Code of Georgia Annotated, the Georgia Administrative Procedure Act; to amend Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Death Investigation Act, so as to change the title of the state medical examiner; to provide for definitions; to provide for the appointment of local and regional examiners under certain conditions; to change the provisions relating to certain fees; to provide procedures relating to deaths resulting from accidents involving civil aviation; to change the provisions relating to post-mortem examinations and the holding of inquests with respect to the death of inmates in state hospitals or penal institutions; to provide for payment of the expenses of transportation in certain cases; to change a provision relating to moving a body across a state line; to change the provisions relating to obtaining blood samples where a person is unable to consent; to provide for the continuation in office of certain medical examiners and continued payment of certain fees; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the Georgia Forensic Sciences Act of 1997. SECTION 2. Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation, is amended by striking in their entirety Code Sections 35-3-14, relating to reimbursement of the director of the Division of Forensic Sciences for use of the director's private aircraft, 35-3-15, relating to the office of state medical examiner, and 35-3-16, relating to the testing of substances by the laboratories of the Division of Forensic Sciences, which read as follows:

Page 1423

35-3-14. The bureau is authorized to reimburse the director of the Division of Forensic Sciences for use of his private aircraft on official business. The board shall approve an hourly rate in writing and the cost of such reimbursement shall be paid from funds appropriated to or otherwise available to the bureau. 35-3-15. (a) There is created within the Forensic Sciences Division of the Georgia Bureau of Investigation the office of state medical examiner, and, as used in this Code section, the term `division' shall mean the Forensic Sciences Division of the Georgia Bureau of Investigation. No person may be a state medical examiner unless that person at the time of appointment: (1) Is a pathologist certified in forensic pathology by the American Board of Pathology; and (2) Has at least three years of full-time experience as a medical examiner. (b) The state medical examiner shall be appointed by the director of the Georgia Bureau of Investigation and shall have the following duties: (1) Establish death investigation regions throughout the state and establish policy concerning the requirements for appointment of, and operation policy of, regional medical examiners to oversee death investigation activities in each established region; (2) Appoint regional medical examiners; (3) After consulting with local county officials, appoint local medical examiners; (4) Appoint forensic consultants; (5) Organize and conduct regular educational sessions for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy; (6) Maintain permanent death investigation records for all jurisdictions in the state; (7) Establish death investigation policies and guidelines for coroners and medical examiners; (8) Cooperate with other state agencies, as appropriate, to ensure public health and safety; and (9) Remove local medical examiners, regional medical examiners, and forensic consultants from appointment, upon approval by the director of the division.

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(c) In the event that the director of the Georgia Bureau of Investigation has not yet appointed a person to fill the position of state medical examiner, or if an appointment has been previously made but a subsequent vacancy has occurred, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation shall be authorized to perform all duties of the state medical examiner during such vacancy. (d) There is created the Medical Examiner Advisory Commission consisting of the following individuals: (1) The commissioner of human resources; (2) A district attorney; (3) A defense attorney; (4) Two licensed physicians, at least one of whom shall be a forensic pathologist who serves as a full-time medical examiner in this state; (5) A coroner; (6) A superior court judge; (7) A layperson other than those indicated above; (8) A sheriff or local law enforcement officer; and (9) A funeral director licensed as such pursuant to Chapter 18 of Title 43. (e) The commissioner of human resources shall be an ex officio voting member of the commission and shall serve while holding his state office. All other members of the commission shall be appointed by the Board of Public Safety created by Code Section 35-2-1. The first members so appointed shall begin their terms of office on July 1, 1990, with five of those members serving for initial terms of two years each and four of those members serving for initial terms of four years each, as such terms are specified in their appointment. After those initial terms, appointed members shall be appointed by the Board of Public Safety for terms of four years each. Each appointed member shall serve the term specified in this subsection and until the appointment and qualification of that member's respective successor. Any vacancy on the commission, other than of its ex officio member, shall be filled by the Board of Public Safety's appointment of a successor who meets the qualifications for the vacated membership position to which the person is appointed. The Board of Public Safety, after notice and hearing, may remove any member appointed by the board for neglect of duty, misconduct, or incompetence. (f) The commissioner of human resources shall receive no additional compensation for service on the commission but shall be reimbursed for expenses incurred by that commissioner in the performance of duties as

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such member. The funds necessary for the reimbursement of the expenses of the commissioner of human resources shall come from funds appropriated or otherwise available to the Department of Human Resources. (g) Members of the commission, other than the commissioner of human resources, shall receive no compensation, allowances, or expenses for their services on the commission. (h) The first meeting of the commission shall be called each year by the commissioner of human resources, who shall preside at that meeting until the members have elected a chairman and vice chairman and provided for the organization of the commission. The commission shall meet at least semiannually and at such additional times as necessary to carry out its duties. (i) The commission shall recommend policies to improve the investigation of deaths in this state to the director of the Georgia Bureau of Investigation, the director of the Forensic Sciences Division of the Georgia Bureau of Investigation, and the state medical examiner. (j) The commission shall recommend to the director of the Georgia Bureau of Investigation candidates for appointment as the state medical examiner. 35-3-16. (a) In any proceeding for a violation of the provisions 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,' a law enforcement agency may submit to one of the laboratories operated by the Division of Forensic Sciences of the Georgia Bureau of Investigation any substance, including but not limited to any substance believed to be a controlled substance or dangerous drug, or counterfeit thereof, or any poisons or any drugs. Also, a law enforcement agency may, in any prosecution for the offense of driving under the influence of alcohol or drugs under Code Section 40-6-391, submit a sample of the suspect's blood or urine for analysis in such case. The laboratory shall analyze these substances. (b) Upon the request of the appropriate district attorney's office, the laboratory employee performing the analysis shall prepare a certificate. This employee shall sign the certificate under oath and shall include in the certificate an attestation as to the result of the analysis. The presentation of this certificate to a court by any party to a proceeding shall be evidence of compliance with all of the requirements and provisions of this Code section. This certificate shall be sworn to before a notary public or other person authorized by law to administer oaths and shall contain a statement establishing the type of analysis performed, the result achieved, and that the subscriber is the person who

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performed the analysis. When properly executed, the certificate shall, subject to subsection (c) of this Code section and notwithstanding any other provision of law, be admissible evidence of the composition, quality, and quantity of the substance submitted to the laboratory for analysis, and the court shall take judicial notice of the signature of the person performing the analysis and of the fact that he or she is that person. (c) Whenever a party intends to tender in a criminal or civil proceeding a certificate executed pursuant to this Code section, notice of an intent to profer that certificate and any reports relating to the analysis in question, including a copy of the certificate, shall be served on the opposing party or parties at least ten days before the proceeding begins. An opposing party who intends to object to the admission into evidence of a certificate shall give notice of objection and the grounds for the objection within ten days of receiving the adversary's notice of intent to tender the certificate. Whenever a notice of objection is filed, admissibility of the certificate shall be determined not later than two days before the beginning of the trial. A proffered certificate shall be admitted into evidence unless it appears from the notice of objectin and specific grounds for that objection that the composition, quality, quantity, or chain of custody of the substance submitted to the laboratory for analysis will be contested in good faith at trial. A failure to comply with the time limitations regarding the filing of the notice of objection and the grounds for the objection required by this Code section shall constitute a waiver of any objections to the admission of the certificate. The time limitations set forth in this Code section shall not be relaxed except upon a showing of good cause. SECTION 3. Said chapter is further amended by inserting after Article 5 a new Article 6, to read as follows: ARTICLE 6 35-3-150. As used in this article, the term: (1) `Board' means the Board of Public Safety. (2) `Crime lab' or `state crime lab' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (3) `Director' means the director of the Georgia Bureau of Investigation. (4) `Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation.

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(5) `Division director' means the director of the Division of Forensic Sciences of the Georgia Bureau of Investigation. (6) `Independent test' means a forensic analysis of evidence in the custody and possession of the state or any political subdivision or authority thereof conducted at the request of or on behalf of any person other than a prosecuting attorney, law enforcement officer, or other authorized agent of the state or which are ordered conducted by a court at the request of an accused. (7) `Regional medical examiner' shall have the same meaning as defined in paragraph (13) of Code Section 45-16-21. (8) `Rule' or `rules' means a rule or regulation adopted pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 35-3-151. The Division of Forensic Sciences of the Georgia Bureau of Investigation: (1) Shall provide a state-wide system of laboratories dedicated to conducting forensic analysis of evidence submitted to the laboratory by law enforcement agencies, prosecuting attorneys, coroners, and medical examiners; (2) Shall provide forensic services to the criminal justice system for the examination and analysis of evidence in the areas of medical examiner inquiries, latent fingerprints, photography, questioned documents, firearms and weapons, trace evidence, implied consent, blood alcohol, toxicology, chemistry, drugs, serology, DNA, and such other areas as the director may authorize or the board shall direct; (3) Shall establish standards for the identification, collection, transportation, and analysis of forensic evidence; (4) Shall facilitate independent testing or analysis of evidence within the possession, custody, or control of the division as provided in paragraph (3) of subsection (a) of Code Section 17-16-4, relating to discovery in criminal cases; (5) Shall provide for and establish uniform fees as approved by the board to be paid to medical examiners, dentists, and other professionals for participating in medical examiners' inquiries or coroners' inquests pursuant to Article 2 of Chapter 16 of Title 45, known as the `Georgia Death Investigation Act'; (6) May assist in the training of law enforcement officers, prosecuting attorneys, coroners, and medical examiners as it relates to forensic sciences in cooperation with the Georgia Peace Officer Standards and Training Council, the Prosecuting Attorneys' Council of the State of

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Georgia, and the Georgia Coroner's Training Council, as appropriate; and (7) May assist in the training of judges and attorneys as it relates to forensic sciences in cooperation with the Institute of Continuing Judicial Education of Georgia and the Institute of Continuing Legal Education, as appropriate. 35-3-152. (a) Responsibility for the development, maintenance, and operations of the division shall be vested in the division director. (b) The division director shall be appointed by the director of the Georgia Bureau of Investigation. (c) The division director may, with the approval of the board, establish such advisory panels as may be necessary to assist the director to maintain and improve quality control and customer satisfaction. (d) The division director shall appoint and maintain the necessary professional and support staff to enable the division to carry out its duties and responsibilities effectively and efficiently. (e) The division director may designate one or more members of the division staff as the official custodians of the records of the division. 35-3-153. (a) Within the division there shall be an office of chief medical examiner. (b) The chief medical examiner shall be appointed by the director. No person may be the chief medical examiner unless that person at the time of appointment is a pathologist certified in forensic pathology by the American Board of Pathology. (c) It shall be the duty of the chief medical examiner to: (1) Establish death investigation regions throughout the state and establish policies concerning the requirements for appointment of regional medical examiners to oversee death investigation activities in each established region; (2) Appoint regional medical examiners; (3) Employ forensic consultants and other independent contractors with the approval of the division director; (4) Organize and conduct regular educational sessions as may be needed for medical examiners and coroners in the state in cooperation with the Georgia Coroner's Training Council and the Georgia Police Academy;

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(5) Maintain permanent death investigation records for all jurisdictions in the state; (6) Establish death investigation guidelines for coroners and medical examiners; and (7) Cooperate with other state agencies, as appropriate, to ensure public health and safety. (d) If there is a vacancy in the office of chief medical examiner or the chief medical examiner is disqualified or otherwise unable to perform the duties of said office, the division director shall be authorized to perform the duties of chief medical examiner. 35-3-154. The division shall: (1) Establish written standards and procedures for the administration of forensic testing. The division shall retain a copy of any procedure adopted pursuant to this paragraph which is modified for a period of five years from the date of its being superseded by the modification; (2) Adopt rules and regulations as required by law; and (3) In cooperation with the Georgia Peace Officer Standards and Training Council, provide for the training and certification of operators of such breath test equipment. A copy of such operator's certificate shall be prima-facie evidence in any civil, criminal, or administrative proceeding that such operator was qualified to operate such equipment. 35-3-155. Unless otherwise specifically provided by law, technical, scientific, and similar processes, procedures, guidelines, standards, and methods for the collection, preservation, or testing of evidence adopted by the division shall not be subject to the provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' SECTION 4. Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia Annotated, known as the Georgia Death Investigation Act, is amended by striking Code Section 45-16-21, relating to definitions, and inserting in lieu thereof a new Code Section 45-16-21 to read as follows: 45-16-21. As used in this article, the term: (1) `Autopsy' means the dissection of a dead body and the examination of bone, tissue, organs, and foreign objects for the purpose of determining the cause of death and circumstances surrounding the

Page 1430

same, which procedure shall include as a minimum an external examination and the examination of the brain, neck and thoracic organs, and abdominal organs. (1.1) `Chief medical examiner' means the chief medical examiner appointed pursuant to Code Section 35-3-153. (2) `County medical examiner' means that office established in lieu of the office of coroner pursuant to Code Section 45-16-80 or any amendment to the Constitution continued pursuant to the authority of Article XI, Section I, Paragraph IV of the Constitution. (3) `Division' means the Division of Forensic Sciences of the Georgia Bureau of Investigation. (4) `External examination' means an external examination of a dead body but shall not include dissection of the body for any purpose except dissection which is necessary for and limited to procurement of blood or body fluids for toxicological or other analysis. (5) `Forensic consultant' means a person meeting the requirements and authorized to perform the duties specified in subsection (c) of Code Section 45-16-23. (6) `Inquest' means an official judicial inquiry before a coroner and coroner's jury for the purpose of determining the cause of death. (7) `Limited dissection' means the incision into or dissection of a dead body for diagnosis or evidence collection and the term includes without being limited to an external examination but does not include an individual examination of the: (A) Brain; (B) Neck organs; (C) Thoracic organs; and (D) Abdominal organs but may include an examination of any but not all of the categories of organs specified in subparagraphs (A) through (D) of this paragraph. (8) `Local medical examiner' means a person meeting the requirements and authorized to perform the duties specified in subsection (b) of Code Section 45-16-23. (9) `Medical examiner' means: (A) The chief medical examiner; (B) A regional medical examiner; (C) A county medical examiner;

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(D) A local medical examiner; or (E) Any person who is employed by the state and appointed as a medical examiner as of December 1, 1989, who continues to perform the duties and exercise the powers of a medical examiner under this article when such performance and exercise is within the scope of such employment. (10) `Medical examiner's inquiry' means an inquiry made by a medical examiner into the circumstances surrounding a death which is required to be reported under the provisions of Code Section 45-16-24, which inquiry may include, but is not required to include, a scene investigation, an external examination, a limited dissection, an autopsy, or any combination thereof. (11) `Medical examiner's investigator' means a person meeting the requirements and authorized to perform the duties specified in subsection (d) of Code Section 45-16-23. (12) `Peace officer in charge' means any peace officer of the Georgia State Patrol or agent of the Georgia Bureau of Investigation, sheriff or sheriff's deputy, peace officer assigned to the coroner's office, county policeman, city policeman, or city detective who may be in charge of the investigation of any case involving a death covered by Code Sections 45-16-27 and 45-16-32. (13) `Regional medical examiner' means a medical examiner who is employed by the Georgia Bureau of Investigation and who is a pathologist certified in forensic pathology by the American Board of Pathology appointed by the chief medical examiner pursuant to Code Section 35-3-153. (14) `Scene investigation' means an examination by the medical examiner or medical examiner's investigator of the area surrounding a dead body or area where a death or agonal event occurred. (15) `Unattended death,' `died unattended,' or `died unattended by a physician' means a death where a person dies of apparently natural causes and has no physician who can certify the death as being due to natural causes. If the suspected cause of death directly involves any trauma or complication of such trauma, the death must be reported to the coroner or county medical examiner. An unattended death also occurs when a person is admitted in an unresponsive state to a hospital and dies within 24 hours of admission. SECTION 5. Said article is further amended by striking in its entirety Code Section 45-16-22, relating to medical examiners' inquiries, and inserting in lieu thereof the following:

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45-16-22. (a) The director of the division is authorized and directed to cooperate with and assist the peace officers in charge, medical examiners, and coroners of the state in making the facilities of the division available for the performing of medical examiners' inquiries on dead bodies as required by this article. (b) The county governing authority shall after consulting with the coroner, if any, be authorized to appoint one or more local medical examiners who shall be licensed physicians or pathologists. The chief medical examiner may, at the request of a county governing authority, authorize one or more licensed physicians or pathologists at convenient locations throughout the state to act as local medical examiners in performing medical examiners' inquiries as required by this article. The chief medical examiner shall confer with local county officials in making appointments of regional and local medical examiners. Any regional or local medical examiner appointed by the chief medical examiner shall have such jurisdiction within this state as designated by the chief medical examiner. (c) Except as otherwise provided in this article, it shall be in the sole discretion of the medical examiner to determine whether or not an autopsy or limited dissection is required; provided, however, that the medical examiner shall give due consideration to the opinions of the coroner and the peace officer in charge regarding the requirements of accepted investigation techniques and the rules of evidence applicable thereto. (d) In the event that any local medical examiner or regional medical examiner is unable or unwilling to serve in any case, the coroner or the peace officer in charge may call upon the chief medical examiner, who shall perform a medical examiner's inquiry or direct another medical examiner to perform such inquiry. (e) For each external examination so performed, in cases where limited dissection or autopsy of the body is not required, the medical examiner shall receive the fee set in accordance with the provisions of Code Section 35-3-151. The fee in each case is to be paid from funds of the county in which the act was committed; or, if the county in which the act was committed is unknown, the fee shall be paid from funds of the county in which the body was found. In the event the place in which the act was committed is not known but is later established, the county in which the act was committed shall be responsible for payment of fees incurred by the medical examiner. Subject to funds being appropriated or otherwise available for such purpose, the chief medical examiner shall provide transportation of the deceased person to the site of the autopsy, if such autopsy is to be performed by a state or regional medical examiner employed by the state, and to return the body to the county where the death occurred.

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(f) When death occurs in a hospital as a direct result and consequence of acts or events taking place in a county other than the one in which such death occurs, the body shall be returned to the county in which such acts or events took place. When a dead body is found in a county in which the acts or events leading to death did not occur, it shall be returned to the county in which the acts or events did occur, if known. The coroner or local medical examiner of the county in which such acts or events took place shall assume jurisdiction and the medical examiner's inquiry, if any performed, shall be paid for from funds of the county in which such acts or events took place. (g) In the event that a medical examiner's inquiry is performed by the chief medical examiner or an employee thereof, no fee therefor shall be imposed pursuant to this Code section. In the event that a medical examiner's inquiry is performed by a medical examiner regularly employed at a fixed compensation by any county or group of counties, no fee shall be imposed upon any county or group of counties employing that medical examiner at a fixed compensation. SECTION 6. Said article is further amended by striking subsection (b) of Code Section 45-16-25, relating to the duties of coroners and county medical examiners, and inserting in lieu thereof the following: (b) When positive identification of dead bodies has not been established conclusively through personal visual examination of the remains by persons well acquainted with the decedent in life or by comparison of fingerprints or footprints or by identification of unique physical characteristics, such as prosthetic appliances, or by comparison of skeletal X-rays, including previous fractures, or by amputations, the medical examiner must either chart or X-ray the decedent's dentition or call upon a licensed dentist of the medical examiner's choosing to carry out a dental examination of the body. This may be accomplished either by examination in situ or by removal of the jaws with teeth to the dentist's office. The dentist shall chart the deceased's dentition and make two copies, one of which shall be filed with the medical examiner's inquiry report to the division and the other with the Georgia Crime Information Center of the Georgia Bureau of Investigation. The dentist may, at his or her discretion, make such X-rays of the mouth as he or she deems necessary. The dentist shall be paid a fee as determined in accordance with Code Section 35-3-151. These fees shall be paid by the county of the coroner's or local medical examiner's jurisdiction. SECTION 7. Said article is further amended by adding following subparagraph (a)(1)(D) of Code Section 45-16-27, relating to performing a post-mortem examination and holding an inquest, a new subparagraph (a)(1)(D.1), to read as follows:

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(D.1) In cases of deaths resulting from an accident involving any civil aircraft, it shall be the responsibility of the peace officer in charge to notify the National Transportation Safety Board or the Federal Aviation Administration of such accident, to proceed to the scene and guard the area in such manner that no bodies, wreckage, cargo, or mail shall be moved or disturbed until authorized by a representative of the National Transportation Safety Board or the Federal Aviation Administration except to the extent necessary to remove persons injured or trapped, to protect the wreckage from further damage, or to protect the public from injury.Where it is necessary to move aircraft wreckage, mail, or cargo, sketches, descriptive notes, and photographs shall be made, if possible, of the original positions and condition of the wreckage and any significant impact marks. The coroner or medical examiner shall assist investigators from the National Transportation Safety Board or the Federal Aviation Administration as authorized by federal law;. SECTION 8. Said article is further amended by striking paragraph (2) of subsection (a) of Code Section 45-16-27, relating to performing a post-mortem examination and holding an inquest, and inserting in lieu thereof the following: (2) When an inmate of a state hospital or a state, county, or city penal institution dies unexpectedly without an attending physician or as a result of violence. The chief medical examiner or his or her designee, regional medical examiner, or local medical examiner shall perform all medical examiners' inquiries. The coroner, in those counties in which such office has not been replaced by a local medical examiner, shall hold an inquest after receiving the written reports as set forth in Code Section 45-16-32;. SECTION 9. Said article is further amended by striking in their entirety Code Sections 45-16-29 and 45-16-30, relating to the removal of bodies and the transportation of bodies across state lines, respectively, and inserting in lieu thereof the following: 45-16-29. No person shall move or authorize the removal of any body from the place where the same is found until the investigation is completed and such removal is authorized by the coroner or medical examiner present at such investigation; or, if no such coroner or medical examiner is present, the peace officer shall authorize such removal; provided, however, that this Code section shall not apply to the removal of a body where the death occurred while the person was a patient of a hospice licensed under Article 9 of Chapter 7 of Title 31. If the death resulted from an accident involving the operation of civil aircraft, no body shall

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be removed until authorized by the representative of the National Transportation Safety Board or the Federal Aviation Administration. 45-16-30. No person shall move or transport a body across a Georgia state line until the investigation of the case and the medical examiner's inquiry are complete and until the removal of the body is authorized by the coroner or medical examiner. Except when the conduct is a violation of Code Section 16-10-94, any person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 or more than $1,000.00 or 60 days in jail, or both. SECTION 10. Said article is further amended by striking in its entirety Code Section 45-16-46, relating to obtaining blood samples where a person is unable to consent, and inserting in lieu thereof the following: 45-16-46. When any person has been admitted to a hospital or morgue as a result of any casualty and for any reason whatsoever is unable to give his or her consent to the taking of a sample of blood for analytical purposes, the coroner or peace officer in charge of the investigation of the circumstances surrounding the casualty may notify a medical examiner for the purpose of obtaining a blood sample to test for the presence of intoxicating substances or in the case of a dead body and where appropriate for the presence of infectious agents. The blood may be drawn by the medical examiner or at the medical examiner's direction. The medical examiner or his or her designee shall be entitled to a fee set in accordance with Code Section 35-3-151 for performing these services, which fee shall be paid in the same manner as set out in Code Section 45-16-22. The peace officer may also request any licensed physician, nurse, emergency medical technician, medical or laboratory technician, or other qualified person to withdraw blood for purposes of this Code section, in which event such person shall incur no civil or criminal liability. The medical examiner or the peace officer in charge shall submit the blood specimens to the division for analysis; and a report shall be submitted by the division to the submitting officer. SECTION 11. (a) Any person holding office as a medical examiner pursuant to an appointment of the state medical examiner on the effective date of this Act shall continue in the exercise of his or her functions and duties until such person's successor has been duly appointed. (b) The fees heretofore authorized to be paid in cases arising under Article 2 of Chapter 16 of Title 45 of the Official Code of Georgia

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Annotated, known as the Georgia Death Investigation Act, prior to the effective date of this Act shall continue to be paid at the rate specified therein until such time as the Board of Public Safety promulgates rules prescribing such fees as provided in this Act. SECTION 12. Notwithstanding the provisions of Code Section 1-3-4.1, 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 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. EDUCATION SCHOOL SAFETY; NOTICES TO LOCAL SCHOOL SYSTEMS AND TEACHERS REGARDING CERTAIN STUDENT OFFENDERS AND DELINQUENTS; STUDENT CODE OF CONDUCT; DISCIPLINARY PROCEDURES; CRIMINAL ACTIVITY REPORTS; STATE-WIDE EXPULSION OR SUSPENSION OF STUDENTS COMMITTING FELONIOUS ACTS; ALTERNATIVE SCHOOL PROGRAMS FOR CODE OF CONDUCT VIOLATORS; LIMITED CIVIL AND CRIMINAL IMMUNITY FOR EDUCATORS' DISCIPLINARY ACTIONS. Code Sections 15-6-36 and 15-11-5 Amended. Code Title 20, Chapter 2 Amended. No. 440 (House Bill No. 567). AN ACT To enact the School Safety Act; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to require superior courts to provide notice to the local school system when a person who is 17 years of age or older is convicted of a felony; to provide for applicability; to amend Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to require the superior court having exclusive jurisdication over certain criminal offenses committed by juveniles to provide written notice to the local school system in which a juvenile convicted of certain offenses or adjudicated delinquent on the basis of conduct which would constitute certain offenses is enrolled; to amend Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, so as to provide for notice to teachers regarding students who have been convicted of or adjudicated to have committed a designated felony; to provide for review of certain information; to provide that procedures for local boards as tribunals shall apply to disciplinary proceedings; to provide for a student code of conduct to be adopted by local school systems; to provide for reporting alleged criminal action by a student; to authorize state-wide suspension or expulsion of students convicted of any felony; to provide for alternative placement; to provide for creation of alternative school programs; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the School Safety Act. SECTION 2. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, is amended by inserting a new Code section to be designated Code Section 15-6-36 to read as follows: 15-6-36. (a) For the purposes of this Code section, `conviction' means any felony conviction of a person who is at least 17 years of age. (b) Within 30 days of any procedding ending in a conviction, the superior court shall provide written notice of the conviction to the school superintendent or the school superintendent's designee of the school in which the convicted defedant was enrolled, or, if the information is known, of the school in which the convicted defendant plans to be enrolled at a future date.Such notice shall include the specific criminal offense for which the defendant was convicted.A local school system to which such a convicted defendant is assigned may request further information from the court's file. SECTION 3. Code Section 15-11-5 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, is amended by adding at the end of paragraph (2) of subsection (b) a new subparagraph (E) to read as follows: (E) Within 30 days of any proceeding in which a child 13 to 17 years of age is convicted of certain offenses over which the superior court has exclusive jurisdiction as provided in subparagraph (A) of this paragraph or adjudicated delinquent on the basis of conduct which if committed by an adult would constitute such offenses, the superior court shall provide written notice to the school superintendent or his or her designee of the school in which such child is enrolled or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include

Page 1438

the specific criminal offense that such child committed. A local school system to which the student is assigned may request further information from the court's file. SECTION 4. Part 2 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student discipline, is amended by striking Code Section 20-2-751.2, relating to disciplinary orders of other school systems, and inserting in lieu thereof the following: 20-2-751.2. (a) As used in this Code section, the term `disciplinary order' means any order of a local school system which imposes short-term suspension, long-term suspension, or expulsion upon a student in such system. (b) A local board of education which has a student who attempts to enroll or who is enrolled in any school in its school system during the time in which that student is subject to a disciplinary order of any other school system is authorized to refuse to enroll or subject that student to short-term suspension, long-term suspension, or expulsion for any time remaining in that other school system's disciplinary order upon receiving a certified copy of such order if the offense which led to such suspension or expulsion in the other school was an offense for which suspension or expulsion could be imposed in the enrolling school. (c) A local school system may request of another school system whether any disciplinary order has been imposed by the other system upon a student who is seeking to enroll or is enrolled in the requesting system. If such an order has been imposed and is still in effect for such student, the requested system shall so inform the requesting system and shall provide a certified copy of the order to the requesting system. (d) If any school administrator determines from the information obtained pursuant to this Code section or from Code Section 15-11-5 or 15-11-58.1 that a student has been convicted of or has been adjudicated to have committed an offense which is a designated felony act under Code Section 15-11-37, such administrator shall so inform all teachers to whom the student is assigned. Such teachers and other certificated-professional personnel as the administrator deems appropriate may review the information in the student's file provided pursuant to this Code section that has been received from other schools or from the juvenile courts or superior courts. Such information shall be kept confidential. SECTION 5. Said part is further amended by adding immediately following Code Section 20-2-751.2, relating to students subject to disciplinary orders of other school systems, a new Code Section 20-2-751.3 to read as follows:

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20-2-751.3. (a) In order to be eligible to receive state funding pursuant to Code Section 20-2-161 and 20-2-260, each local board of education shall adopt a student code of conduct and shall send a copy of such code of conduct to the State Board of Education by August 15, 1997. (b) Local boards of education shall provide for disciplinary action against students who violate the student code of conduct. A student who violates the student code of conduct may be punished for misconduct as provided by his or her local board of education. (c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individual oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school. SECTION 6. Said part is further amended by striking Code Section 20-2-754, relating to procedures to be followed by disciplinary officer, panel, or tribunal, in its entirety and inserting in lieu thereof the following: 20-2-754. (a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart. (b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752, ensure that: (1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine withnesses on all issues unresolved; and (3) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties. (c) If appointed to review an instance specified in Code Section 20-2-753, the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing.

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The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be sis[emded by the school superintendent pending the outcome of the appeal. (d) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1, from the date the local board of education receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings. (e) Either or both parents or guardians or legal counsel of the student involved may obtain a copy of any documents relating to a disciplinary proceeding conducted pursuant to this Code section. SECTION 7. Said part is further amended by striking Code Section 20-2-756, relating to reports by school officials to law enforcement officials, and inserting in lieu thereof the following: 20-2-756. (a) The school administration, disciplinary hearing officer, panel, tribunal of school officials, or the local board of education may, when any alleged criminal action by a student occurs, report the incident to the appropriate law enforcement agency or officer for investigation to determine if criminal charges or delinquent proceedings should be initiated. (b) No individual reporting any incident under this subpart to a law enforcement agency or officer shall be subject to any action for malicious prosecution, malicious abuse of process, or malicious use of process. SECTION 8. Said part is further amended by striking subsection (a) of Code Section 20-2-759, relating to certain children exempt from provisions relating to public school disciplinary tribunals, and inserting in lieu thereof the following: (a) This subpart shall not apply to children in kindergarten through elementary grade 5.

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SECTION 9. Said part is further amended by adding at the end thereof a new Subpart 4 to read as follows: Subpart 4 20-2-768. As used in this subpart, the term: (1) `Expulsion' means expulsion of a student from a public school beyond the current school quarter or semester. (2) `Suspension' means the short-term suspension of a student from a public school for not more than ten days or long-term suspension for more than ten days pursuant to Code Section 20-2-751. 20-2-769. (a) Each local board of education is authorized to refuse to readmit or enroll any student who has been suspended or expelled for being convicted of, being adjudicated to have committed, being indicated for, or having information filed for the commission of any felony or any delinquent act under Code Section 15-11-5 which would be a felony if committed by an adult. If refused readmission or enrollment, the student or the student's parent or legal guardian has the right to request a hearing pursuant to the procedures provided for in Code Section 20-2-754. (b) A hearing officer, tribunal, panel, superintendent, or local board of education shall be authorized to place a student denied enrollment in a local school system under subsection (a) of this Code section in an alternative educational system as appropriate and in the best interest of the student and the education of other students within the school system. (c) It is the policy of this state that it is preferable to reassign disruptive students to isolated and individually oriented in-school suspension programs or alternative educational settings rather than to suspend or expel such students from school. 20-2-770. (a) The State Board of Education is authorized to create an alternative school program for students in grades 6 12 to serve students who violate the studnt code of conduct. This program shall provide the individualized instruction, intervention strategies, and transition to other programs these students need to become successful students and good citizens. (b) Any local board of education may choose to establish an alternative school for the sole purpose of providing a separate educational program for students who violate the student code of conduct.

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(c) The educational program for an alternative school must include the objectives of the quality core curriculum, ensuring that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and ensuring that credit earned by students participating in the alternative school program can be transferred to either the home school or another public school. (d) The state board is authorized to establish criteria and procedures for alternative schools. Each year the state board must review petitions for alternative school status received from local boards of education. The state board is directed to approve such petitions and to grant alternative school status to local boards of education whose petitions, in the opinion of the state board, meet the established criteria in subsection (d) of this Code section. (e) The state board is authorized to grant alternative school status on a multiyear basis, not to exceed five years. Annual progress reports for each alternative school must be filed with the State Board of Education. These reports must include, at a minimum, a statement of: (1) The process by which the educational program for each student has been determined; (2) The process through which the educational progress of each student has been evaluated and a summary report of the results of these evaluations; and (3) The process by which students have been returned to their home school or another public school and a summary report of the total number of students served and the enrollment or program completion status of each student upon withdrawal from the alternative school. (f) The State Board of Education may withdraw an alternative school status designation if, in the opinion of the board, the designated school is not complying with the criteria and procedures established by the board. (g) If a school district is granted alternative school status for one or more schools and fails to comply with the above requirements for annual reporting, state funding may be withheld. SECTION 10. Article 18A of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the liability of educators for disciplining students, is amended by striking in its entirety subsection (b) of Code Section 20-2-1000, relating to limitation on civil damages for disciplining a student, and inserting in lieu thereof a new subsection (b) to read as follows: (b) No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the

Page 1443

discipline of any student or the reporting of any student for misconduct, except for acts or omissions of willful or wanton misconduct. SECTION 11. Said article is further amended by adding at the end thereof a new Code section, to be designated as Code Section 20-2-1001, to read as follows: 20-2-1001. (a) As used in this Code section, the term `educator' means any principal, school administrator, teacher, guidance counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, tribunal members, or certificated professional personnel. (b) An educator shall be immune from criminal liability for any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, provided that the educator acted in good faith. SECTION 12. This Act shall become effective on July 1, 1997. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. MOTOR VEHICLES AND TRAFFIC DRIVERS' LICENSES; IDENTIFICATION CARDS; SOCIAL SECURITY NUMBER USE RESTRICTED. Code Title 40, Chapter 5 Amended. No. 441 (House Bill No. 574). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to prohibit the use of social security numbers in applications and on drivers' licenses, permits, commercial drivers' licenses, identification cards, and identification cards for persons with disabilities, unless specifically requested by the applicant or licensee; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding, following Code Section 40-5-28, a new Code Section 40-5-28.1 to read as follows:

Page 1444

40-5-28.1. No license or permit issued or renewed on or after July 1, 1997, pursuant to this article shall contain the social security number of the licensee or permit holder unless such person specifically requests the use of such number. SECTION 2. Said chapter is further amended by striking subsection (b) of Code Section 40-5-100, relating to identification cards for persons without drivers' licenses, and inserting in lieu thereof the following: (b) The identification card shall be valid for four years and shall bear the signatures of the commissioner of public safety and the Governor and shall bear an identification card number which shall not be the same as the social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. SECTION 3. Said chapter is further amended by striking subsection (a) of Code Section 40-5-149, relating to contents of an application for a commercial driver's license, and inserting in lieu thereof the following: (a) The application for a commercial driver's license or commercial driver's instruction permit shall include the following: (1) The full name and current mailing and residential address of the person; (2) A physical description of the person including sex, height, weight, and eye color; (3) Full date of birth; (4) Reserved; (5) The person's signature; (6) The person's current photograph; (7) Certifications, including those required by 49 C.F.R. Part 383.71 (a); (8) Any other information required by the Department of Public Safety; and (9) Consent to release driving record information to the Commercial Driver License Information System clearing-house and whatever agent

Page 1445

or agency the Commercial Driver License Information System deems necessary by federal requirements. Each application shall be accompanied by an application fee of $35.00, except for those who operate or are applying to operate a public school bus and inmates of state or county correctional institutions who operate or are applying to operate commercial motor vehicles under the supervision of such institutions during the period of such inmates' confinement, in which cases there shall be no application fee. SECTION 4. Said chapter is further amended by striking subsection (a) of Code Section 40-5-150, relating to contents of a commercial driver's license, and inserting in lieu thereof the following: (a) The commercial driver's license shall be marked `Commercial Driver's License' or `CDL' and shall be, to the maximum extent practicable, tamperproof, and shall include, but not be limited to, the following information: (1) The name and residential address of the person; (2) The person's color photograph; (3) A physical description of the person, including sex, height, weight, and eye color; (4) Full date of birth; (5) The person's social security number if such person has requested the use of such social security number on such license or another number or identifier deemed appropriate by the Department of Public Safety; (6) The person's signature; (7) The class or type of commercial motor vehicle or vehicles which the person is authorized to drive, together with any endorsements or restrictions; (8) The name of this state; (9) The dates between which the license is valid; and (10) The license fee and fees for any endorsements. SECTION 5. Said chapter is further amended by striking subsection (b) of Code Section 40-5-171, relating to the issuance of and contents of identification cards for persons with disabilities, and inserting in lieu thereof the following: (b) The identification card for persons with disabilities shall bear the signatures of the commissioner of public safety and the Governor and

Page 1446

shall bear an identification card number which shall not be the same as the applicant's social security number, unless the person specifically requests that the social security number be used, or, in the case of an individual who is not a citizen of the United States, the passport number of the person identified or any number the department deems necessary to implement this Code section. SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval and the provisions of this Act shall apply to licenses, permits, and identification cards issued on or after such date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. MOTOR VEHICLES AND TRAFFIC DRIVERS' AND LICENSE APPLICANTS' RECORDS MAINTAINED BY DEPARTMENT OF PUBLIC SAFETY; RESTRICTED ACCESS. Code Title 40, Chapter 5 Amended. No. 442 (House Bill No. 587). AN ACT To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to comply with and implement the provisions of the federal Driver's Privacy Protection Act of 1994; to define the term personal information; to change the provisions relating to the records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses; to provide for the information to be included in drivers' records; to provide that certain drivers' records shall not be subject to open records laws; to provide the conditions under which the Department of Public Safety shall furnish a driver's operating record; to provide that nothing in this Act shall preclude the department from confirming or verifying the status of a driver's license or permit; to provide the conditions under which the department may disseminate personal information from a driver's record; to provide for the use of drivers' records and personal information disseminated by the department; to provide for verification that certain information regarding a driver has been released by the department; to provide for penalties; to provide for the maintenance and disclosure of the department's records regarding state identification cards; to provide for rules and regulations; to provide for fees to defray the department's costs of affording access or disseminating information; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 1447

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 between paragraphs (13) and (14) in Code Section 40-5-1, relating to definitions applicable under said chapter, a new paragraph (13.5) to read as follows: (13.5) `Personal information' means any information that identifies a person, including but not limited to an individual's fingerprint, photograph, or computerized image, social security number, driver identification number, name, address (other than five-digit ZIP code), telephone number, and medical or disability information. SECTION 2. Said chapter is further amended by striking Code Section 40-5-2, relating to records of the Department of Public Safety pertaining to applications for drivers' licenses and information on licenses, and inserting in lieu thereof a new Code Section 40-5-2 to read as follows: 40-5-2. (a) The Department of Public Safety shall maintain records regarding the drivers' licenses and permits issued by the department under this chapter. The drivers' records maintained by the department shall include: (1) A record of every application for a license received by it and suitable indexes containing: (A) All applications granted; and (B) The name of every licensee whose license has been canceled, suspended, or revoked by the department and after each such name shall note the reasons for such action; (2) Drivers' records received from other jurisdictions. Upon receipt of such driver's record, it shall become a part of such driver's record in this state and shall have the same force and effect as though entered on the driver's record in this state in the original instance; and (3) Records of all accident reports and abstracts of court records of convictions of any offense listed in subsection (a) of Code Section 40-5-54, Code Section 40-6-10, driving on a suspended license in violation of Code Section 40-5-121, administrative license supension pursuant to Code Sections 40-5-67 through 40-5-67.2, Code Section 40-5-75, Chapter 9 of this title, the `Motor Vehicle Safety Responsibility

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Act,' and Chapter 34 of Title 33, the `Georgia Motor Vehicle Accident Reparations Act,' any felony offense under this title, any offense committed while operating a commercial motor vehicle, serious traffic offenses, or other offenses requiring the assessment of points on the driving record that are received by it under the laws of this state and in connection therewith maintain convenient records or make suitable notations in order that an individual record of each licensee showing the convictions of such licensee and the traffic accidents in which such licensee has been involved shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and at other suitable times. For purposes of issuing a driver's operating record to the public as provided in this Code section, the period of calculation for compilation of such report shall be determined by the date of arrest. (b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, accident reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specificy required by 18 U.S.C. Section 2721. (c)(1) The driver's record provided by the department shall include an enumeration of any accidents in which the individual was convicted of a moving traffic violation, such moving traffic violation convictions, and information pertaining to financial responsibility. The department shall furnish a driver's operating record or personal information from a driver's record under the following circumstances: (A) With the written instructions and consent of the driver upon whom the operating record has been made and complied; (B) Pursuant to a written request, for use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, antifraud activities, rating, or underwriting involving the driver; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. The person who makes a written request for a driver's operating record shall identify himself or herself and shall have certified that the information contained in the record will be used only for the purpose specified in the request. Further, the person making the request shall certify that he or she has on file an

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application for insurance or for the renewal or amendment thereof involving the driver or drivers; (C) In accordance with Article 7 of this chapter, the `Georgia Uniform Commercial Driver's License Act'; (D) To a judge, prosecuting official, or law enforcement agency for use in investigations or prosecutions of alleged criminal or unlawful activity, or to the driver's licensing agency of another state; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished to the driver's licensing agency of another state shall be limited to name, address, driver identification number, and medical or disability information; (E) Pursuant to a request from a public or private school system concerning any person currently employed or an applicant for employment as a school bus driver who agrees in writing to allow the department to release the information; (F) With the written release of the driver, to a rental car company for use in the normal course of its business; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, driver identification number, and medical or disability information. Such access shall be provided and funded through the GeorgiaNet Authority, and the department shall bear no costs associated with such access; and (G) For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only: (i) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (ii) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subparagraph shall be limited to name, address, and driver identification number and shall not include photographs, fingerprints, computer images, or medical or disability information. The personal information obtained by a business under this subparagraph shall not be resold or redisclosed for any other purpose without the written consent of the individual. Furnishing of information to a business under this subparagraph shall

Page 1450

be pursuant to a contract entered into by such business and the state which specifies, without limitation, the consideration to be paid by such business to the state for such information and the frequency of updates. (2) Nothing in this Code section shall preclude the department from confirming or verifying the status of a driver's license or permit. (d)(1) The commissioner shall designate members of the department to be the official custodians of the records of the department. No disclosure or release of operating records or personal information shall be made without the signed written approval of a designated custodian; except that such approval shall not be required for any release or disclosure through the GeorgiaNet Authority pursuant to the signed written consent of the driver, provided that any such signed written consent shall be retained for a period of not less than four years by the party requesting the information. The custodians may certify copies or compilations, including extracts thereof, of the records of the department. When so certified, such records shall be admissible as evidence in any civil or criminal proceeding as proof of the contents thereof. (2) In response to a subpoena or upon the request of any judicial official, the department shall provide a duly authenticated copy of any record or other document. This authenticated copy may consist of a photocopy or compute printout of the requested document certified by the commissioner or the commissioner's duly authorized representative. (e)Upon written request, the department may provide copies of any record or personal information from any driver's record for use by any appropriate governmental official, entity, or agency for the purposes of carrying out official governmental functions or legitimate governmental duties; provided, however, that notwithstanding the definition of personal information under Code Section 40-5-1, personal information furnished under this subsection shall be limited to name, address, driver identification number, and medical or disability information. (f)The department is specifically authorized to disseminate the following records and information: (1) To the United States Selective Service System and the Georgia Crime Information Center, compilations of the names, most current addresses, license numbers, and dates of birth of licensees or applicants for licenses. Such information shal 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; (2) To the military branches of the United States Department of Defense, compilations of the names, dates of birth, sex, and most

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current addresses of licensees between the ages of 16 and 24 for the sole purpose of mailing recruiting and job opportunity information, provided that the department shall not be required to provide such a compilation more than once every two months; (3) To the Department of Human Resources, compilations of the names, dates of birth, and most current addresses of licensees or applicants for licenses. Any information provided pursuant to this subsection shall only be used by the Department of Human Resources in connection with the recovery of delinquent child support payments under Article 1 of Chapter 11 of Title 19, known as the `Child Support Recovery Act'; (4) To a local fire or law enforcement department, a copy of the abstract of the driving record of any applicant for employment or any current employee. It shall be unlawful for any person who receives an abstract of the driving record of an individual under this subsection to disclose any information pertaining to such abstract or to make any use thereof except in the performance of official duties with the local fire or law enforcement department; (5) The information required to be made available to organ procurement organizations pursuant to subsection (d) of Code Section 40-5-25 and for the purposes set forth in such Code section; and (6) The information required to be made available regarding voter registration pursuant to Code Section 21-2-221 and for the purposes set forth in such Code section. (g) The drivers' records and personal information disseminated by the department pursuant to this Code section may be used only by the authorized recipient and only for the authorized purpose. It shall be unlawful to disclose, distribtue, or sell such records or information to an unauthorized recipient or for an unauthorized purpose. It shall be a violation of this Code section to make a misrepresentation or false statement in order to obtain access to or information from the department's records. Any person who knowingly and willfully violates the provisions of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be punished as provided in Code Section 17-10-4. (h) The department shall maintain for four years a record of each release of a driver's operating record or personal information, including the name and address of the requesting party, the date of the release, and the provision of law authorizing the release. Such record of releases shall be reported to the affected driver upon written application by the driver, except that the department shall not report any information about the existence of a release made in connection with a criminal investigation which is ongoing and which involves, though not necessarily focuses upon, such driver. Upon receipt of an application from a

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driver for such record of releases, the department shall have three business days to determine whetehr an ongoing criminal investigation is involved, and such determination shall be in the discretion of the commissioner. Where a release is not reported to a driver because the underlying release involved an ongoing criminal investigation, the records concerning the underlying release shall be maintained for four years after the criminal investigation is closed and such records shall during such period after closure of the investigation be subject to disclosure upon application by the driver. (i)The provisions of this Code section shall apply, where relevant, to the maintenance and disclosure of the department's records regarding state identification cards issued under Article 5 of this chapter. (j)The commissioner is authorized to promulgate any rules, regulations, or policies as are necessary to carry out the provisions of this Code section. The department is further authorized to charge a reasonable fee to defray its costs incurred in affording access to or disseminating information from its records; provided, however, that the fee for furnishing an abstract of a driver's record shall not exceed $10.00. (k)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 3. Said chapter is further amended by adding at the end of Article 5, relating to identification cards for persons without drivers' licenses, a new Code Section 40-5-105 to read as follows: 40-5-105. The provisions of Code Section 40-5-2 regarding the maintenance and disclosure of department records shall apply, where relevant, to those records maintained or received by the department in connection with identification cards issued under 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 29, 1997.

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SOCIAL SERVICES DEPARTMENT OF CHILDREN AND YOUTH SERVICES; NAME CHANGED TO DEPARTMENT OF JUVENILE JUSTICE; RELATED REVISIONS. Code Revised. No. 443 (House Bill No. 622). AN ACT To amend the Official Code of Georgia Annotated so as to change the name of the Department of Children and Youth Services to the Department of Juvenile Justice; to change the name of the commissioner of children and youth services to the commissioner of juvenile justice; to change the name of the Board of Children and Youth Services to the Board of Juvenile Justice; to make conforming changes in Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, so as to allow the continuation of services, employees, and functions; 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. The Official Code of Georgia Annotated is amended by striking the term Department of Children and Youth Services wherever it occurs in the following Code sections and inserting in its place the term Department of Juvenile Justice: (1) Code Section 12-11-7, relating to enrollment of members in the Georgia Youth Conservation Corps and participation by youth served by state agencies; (2) Code Section 15-11-4, relating to the Council of Juvenile Court Judges; (3) Code Section 15-11-8, relating to duties of probation officers; (4) Code Section 15-11-17, relating to when a child may be taken into custody; (5) Code Section 15-11-20, relating to detention of juvenile offenders, capital offenders, and deprived children; (6) Code Section 15-11-35, relating to disposition of a delinquent child; (7) Code Section 15-11-35.1, relating to disposition of a delinquent child who has committed an AIDS transmitting crime; (8) Code Section 15-11-36, relating to disposition of an unruly child; (9) Code Section 15-11-37, relating to designated felony acts;

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(10) Code Section 15-11-38, relating to adjudication and disposition of a child and prohibiting commitment to a penal institution; (12) Code Section 15-11-41, relating to limitations on and review of orders, supplemental orders, and reunification plans; (13) Code Section 15-11-42, relating to modification or revocation of orders and probation; (14) Code Section 15-11-56, relating to expenses charged to the county and payment by parents; (15) Code Section 15-11-58, relating to inspection of court files and records; (16) Code Section 15-11-59, relating to maintenance and inspection of juvenile law enforcement records; (17) Code Section 16-5-21, relating to aggravated assault; (18) Code Section 16-5-24, relating to aggravated battery; (19) Code Section 16-5-93, relating to victim notification of release of stalker; (20) Code Section 17-10-14, relating to commitment and sentencing of juveniles committing felonies; (21) Code Section 17-17-3, relating to definitions used in the crime victims' bill of rights; (22) Code Section 20-2-133, relating to free public instruction; (23) Code Section 20-2-230, relating to staff development programs; (24) Code Section 20-3-513, relating to amount and repayment of medical scholarships; (25) Code Section 35-6A-3, relating to membership in the Criminal Justice Coordinating Council; (26) Code Section 35-8-2, relating to definitions relating to employment and training of peace officers; (27) Code Section 42-5-52, relating to classification and separation of inmates and juvenile offenders, females, and ailing inmates; (28) Code Section 45-9-4, relating to purchase of insurance by the commissioner of administrative services; (29) Code Section 45-9-42, relating to persons authorized by nonprofit agencies who have contracted with the state to use state vehicles; (30) Code Section 45-9-81, relating to definitions applicable to law enforcement officers, firefighters, and others;

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(31) Code Section 47-2-295.1, relating to retirement of employees of the Department of Children and Youth Services; (32) Code Section 47-2-295.2, relating to retirement of county juvenile detention employees who are transferred; (33) Code Section 47-17-1, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund; (34) Code Section 49-4A-12, relating to a special school district for the Department of Children and Youth Services; (35) Code Section 49-4A-13, relating to the definition and use of a family attention home for juveniles; (36) Code Section 49-5-10.1, relating to temporary transfer of at-risk unruly or delinquent children; (37) Code Section 49-5-130, relating to legislative intent regarding programs for protection of children and youth; (38) Code Section 49-5-154, relating to study of youth needs for delinquency prevention and community based services in counties; (39) Code Section 49-5-155, relating to effect of programs for protection of children on Department of Children and Youth Services; and (40) Code Section 49-5-225, relating to local interagency committees for children with mental health needs. SECTION 2. The Official Code of Georgia Annotated is further amended by striking the term commissioner of children and youth services wherever it occurs in the following Code sections and inserting in its place the term commissioner of juvenile justice: (1) Code Section 15-11-35, relating to disposition of a delinquent child; (2) Code Section 15-11-35.1, relating to disposition of a delinquent child who has committed an AIDS transmitting crime; (3) Code Section 15-11-37, relating to designated felony acts; (4) Code Section 42-5-52, relating to classification and separation of inmates and juvenile offenders, females, and ailing inmates; (5) Code Section 45-9-4, relating to purchase of insurance by the commissioner of administrative services; (6) Code Section 45-9-81, relating to definitions applicable to law enforcement officers, firefighters, and others; (7) Code Section 47-17-1, relating to definitions applicable to the Peace Officers' Annuity and Benefit Fund; and

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(8) Code Section 49-5-253, relating to the Georgia Policy Council for Children and Families. SECTION 3. The Official Code of Georgia Annotated is further amended by striking the term Board of Children and Youth Services wherever it occurs in the following Code sections and inserting in its place the term Board of Juvenile Justice: (1) Code Section 49-4A-12, relating to a special school district for the Department of Children and Youth Services; and (2) Code Section 49-5-10.1, relating to temporary transfer of at-risk unruly or delinquent children. SECTION 4. Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Children and Youth Services, is amended by striking Code Section 49-4A-1, relating to definitions, and inserting in lieu thereof the following: 49-4A-1. As used in this chapter, the term: (1) `Board' means the Board of Juvenile Justice. (2) `Commissioner' means the commissioner of juvenile justice. (3) `Delinquent or unruly child or youth' means any person so adjudged under Article 1 of Chapter 11 of Title 15. (4) `Department' means the Department of Juvenile Justice. SECTION 5. Said chapter is further amended by striking Code Section 49-4A-2, relating to creation of the Board of Children and Youth Services, and inserting in lieu thereof the following: 49-4A-2. (a)(1) There is created a Board of Juvenile Justice which shall establish the general policy to be followed by the Department of Juvenile Justice created in this chapter. The Board of Juvenile Justice shall be the successor entity to the Board of Children and Youth Services and the change is intended to be one of name only. The board shall consist of 15 members, with at least one but not more than two from each congressional district in the state, appointed by the Governor and confirmed by the Senate. The Governor shall make such appointments with a view toward achieving minority representation,

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representation of women, and equitable geographic representation on the board. (2) The Governor shall designate the initial terms of the members of the board as follows: three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; three members shall be appointed for four years; and three members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. (3) Vacancies in office shall be filled by appointment by the Governor in the same manner as the appointment to the position on the board which becomes vacant, and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. (4) There shall be a chairperson of the board, elected by and from the membership of the board, who shall be the presiding officer of the board. (5) The members of the board shall receive per diem and expenses as shall be set and approved by the Office of Planning and Budget and in conformance with rates and allowances set for members of other state boards. (b) The board shall provide leadership in developing programs to successfully rehabilitate juvenile delinquents and unruly children committed to the state's custody and to provide technical assistance to private and public entities for prevention programs for children at risk. (c) The board shall perform duties required of it by this chapter and shall, in addition thereto, be responsible for promulgation of all rules and regulations not in conflict with this chapter that may be necessary and appropriate to the administration of the department, to the accomplishment of the purposes of this chapter, and to the performance of the duties and functions of the department as set forth in this chapter. (d) The board shall establish rules and regulations for the government, operation, and maintenance of all training schools, facilities, and institutions now or hereafter under the jurisdiction and control of the department, bearing in mind at all times that the purpose for existence and operation of such schools, facilities, and institutions and all activities carried on therein shall be to carry out the rehabilitative program provided for by this chapter and to restore and build up the self-respect and self-reliance of children and youths lodged therein so as to qualify and equip them for good citizenship and honorable employment.

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SECTION 6. Said chapter is further amended by striking Code Section 49-4A-3, relating to the creation of the Department of Children and Youth Services, and inserting in lieu thereof the following: 49-4A-3. (a) There is created the Department of Juvenile Justice and the position of commissioner of juvenile justice. The Department of Juvenile Justice shall be the successor entity to the Department of Children and Youth Services and the change is intended to be one of name only; and the commissioner of juvenile justice shall be the successor to the commissioner of children and youth services and the change is intended to be one of name only. The commissioner shall be the chief administrative officer of the Department of Juvenile Justice and shall be both appointed and removed by the board, subject to the approval of the Governor. The commissioner of human resources may not also serve as the commissioner of juvenile justice. Subject to the general policy and rules and regulations of the board, the commissioner of juvenile justice shall supervise, direct, account for, organize, plan, administer, and execute the functions of the Department of Juvenile Justice. (b) The department shall provide for supervision, detention, and rehabilitation of juvenile delinquents committed to the state's custody. The department shall also be authorized to operate prevention programs and to provide assistance to local public and private entities with prevention programs for juveniles at risk. Additionally, the department will be authorized to provide for specialized treatment for juvenile offenders, in lieu of commitment, who have been found to be sex offenders or drug abusers and who may have behavior disorders. The department's organization, operation, and implementation shall be based on the following: (1) Development of a comprehensive continuum of service options through flexible funding to allow providers to respond to the unique needs and capabilities of individual children and families; (2) Services implemented so that each child and family served can have a personal relationship with staff, providers, and workers, which staff, providers, and workers shall be trained and treated as professionals, have a range of multidisciplinary skills, and have manageable caseloads; (3) Services shall be community centered and responsive to local needs with state and local and public and private entities forming cooperative partnerships that enhance informal support systems for families; (4) Systems that are accountable, with desired outcomes specified, results measured and evaluated, and cost-efficient options maximized;

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(5) Intersystem communication and collaboration that are encouraged and facilitated through coordination of systems so that gaps and unnecessary duplications in planning, funding, and providing services are eliminated; (6) The department shall be consumer driven and responsive to the changing needs of individual communities; and (7) The department shall encourage the central location of various services whenever possible. SECTION 7. Said chapter is further amended by striking Code Section 49-4A-4, relating to transfer of juvenile detention facilities, and inserting in lieu thereof the following: 49-4A-4. It is the purpose of this chapter to establish the department as the agency to administer, supervise, and manage juvenile detention facilities. Except for the purposes of administration, supervision, and management as provided in this chapter, juvenile detention facilities shall continue to be detention care facilities for delinquent and unruly children and youth for the purposes of Article 1 of Chapter 11 of Title 15, relating to juvenile courts and juvenile proceedings. SECTION 8. Said chapter is further amended by striking Code Section 49-4A-5, relating to transfer of functions, and inserting in lieu thereof the following: 49-4A-5. (a) The department shall carry out all functions and exercise all powers relating to the administration, supervision, and management of juvenile detention facilities, including youth development centers, and jurisdiction over said youth development centers and other juvenile detention facilities is vested in the department. (b) Any employees of the Department of Juvenile Justice who became so employed by virtue of their transfer from the Division of Youth Services of the Department of Human Resources on June 30, 1992, shall retain their compensation and benefits and such may not be reduced. Transferred employees who were subject to the State Merit System of Personnel Administration shall retain all existing rights under the State Merit System of Personnel Administration. Retirement rights of such transferred employees existing under the Employees' Retirement System of Georgia or other public retirement systems on July 1, 1992, shall not be impaired or interrupted by the transfer of such employees and membership in any such retirement system shall continue in the same status possessed by the transferred employees on June 30, 1992. Accrued

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annual and sick leave possessed by said employees on June 30, 1992, shall be retained by said employees as employees of the department. (c) (1) The department shall conform to federal standards for a merit system of personnel administration in the respects necessary for receiving federal grants and the board is authorized and empowered to effect such changes as may, from time to time, be necessary in order to comply with such standards. (2) The department is authorized to employ, on a full or part-time basis, such medical, psychiatric, social work, supervisory, institutional, and other professional personnel and such clerical and other employees as may be necessary to discharge the duties of the department under this chapter. The department is also authorized to contract for such professional services as may be necessary. (3) Classified employees of the department under this chapter shall in all instances be employed and dismissed in accordance with rules and regulations of the State Merit System of Personnel Administration. (4) All personnel of the department are authorized to be members of the Employees' Retirement System of Georgia created in Chapter 2 of Title 47. All rights, credits, and funds in that retirement system which are possessed by state personnel transferred by provisions of this chapter to the department, or otherwise had by persons at the time of employment with the department, 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. SECTION 9. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. HEALTH DEATH; NOTIFICATION BY NONHOSPITAL CARE PROVIDER; ABUSE OF DEAD BODY. Code Section 31-21-44.1 Amended. No. 444 (House Bill No. 651). AN ACT To amend Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, so as to provide that a person who is providing care to another person, either on a permanent or temporary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency or a relative of such deceased person within six hours of the discovery of the death of such person; to provide that any person who intentionally violates the provisions of this Act shall commit the offense of abuse of a dead body; to provide a penalty; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to offenses involving dead bodies, is amended by striking Code Section 31-21-44.1, relating to the offense of abuse of a dead body prior to interment, and inserting in lieu thereof a new Code Section 31-21-44.1 to read as follows: 31-21-44.1. (a) (1) A person commits the offense of abuse of a dead body if, prior to interment and except as otherwise authorized by law, such person willfully defaces a dead body while the dead body is lying in state or is prepared for burial, showing, or cremation whether in a funeral establishment, place of worship, home, or other facility for lying in state or at a grave site. The lawful presence of the offender at a place where the dead body is abused shall not be a defense to a prosecution under this Code section. (2) A person who is providing care to another person, other than in a hospital, either on a permanent or temporary basis, shall, upon the death of such person while in such person's care, be required to notify a local law enforcement agency, or coroner or a relative of such deceased person within six hours of the discovery of the death of such person. Any person who intentionally violates the provisions of this paragraph shall commit the offense of abuse of a dead body. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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INSURANCE HEALTH; PORTABILITY; COMPLIANCE WITH FEDERAL LAW REQUIREMENTS; INDIVIDUAL COVERAGE AVAILABILITY. Code Title 33 Amended. No. 446 (House Bill No. 654). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, the Georgia Insurance Code, so as to change provisions relating to health insurance and other forms of health benefits; to state legislative intent; to authorize the Commissioner of Insurance to make rules and regulations to conform with the requirements of a certain federal law; to revise provisions relating to conversion and continuation of group accident and sickness insurance; to provide for renewal rights with respect to individual accident and sickness insurance; to provide for systems of assignment of certain eligible individuals without other health coverage to health insurers and managed care organizations; to provide for rights of such individuals with respect to the purchase of certain standard coverages from the entities to which they are so assigned; to provide for the scope and applicability of laws relating to group health insurance; to change provisions relating to rating of small groups for health insurance; to change provisions relating to waiting periods for coverage under group health coverage; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act is intended to comply with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as well as to provide an acceptable alternative mechanism for the availability of individual health insurance coverage as contemplated by said Act. This Act shall be narrowly construed to achieve such purpose without otherwise limiting the state's legislative or regulatory powers with respect to insurance. SECTION 2. Title 33 of the Official Code of Georgia Annotated, the Georgia Insurance Code, is amended by striking subsection (a) of Code Section 33-2-9, relating to adoption of rules and regulations by the Commissioner of Insurance, and inserting in its place a new subsection to read as follows: (a) The Commissioner shall have full power and authority to make rules and regulations for the following purposes: (1) To organize the department and to assign duties to members of the staff;

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(2) To promulgate any rules and regulations as are reasonably necessary to implement this title; (3) To promulgate any rules and regulations as are reasonably necessary to conform with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, as said federal Act existed on January 1, 1997; (4) To issue interpretative rulings or to prescribe forms required to carry out the responsibilities of his or her office; or (5) To govern the procedure to be followed in the proceedings before the department. SECTION 3. Said title is further amended by striking Code Section 33-24-21.1, relating to conversion and continuation of group accident and sickness insurance, and inserting in its place a new Code section to read as follows: 33-24-21.1. (a) As used in this Code section, the term: (1) `Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 62 day gap in coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89;

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(K) A public health plan; or (L) A Peace Corps Act health benefit plan. (2) `Eligible dependent' means a person who is entitled to medical benefits coverage under a group contract or group plan by reason of such person's dependency on or relationship to a group member. (3) `Group contract or group plan' is synonymous with the term `contract or plan' and means: (A) A group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (B) A group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (C) A group contract of the type issued by a health care plan established under Chapter 20 of this title; (D) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (E) A group accident and sickness insurance policy or contract, as defined in Chapter 30 of this title. (4) `Group member' means a person who has been a member of the group for at least six months and who is entitled to medical benefits coverage under a group contract or group plan and who is an insured, certificate holder, or subscriber under the contract or plan. (5) `Insurer' means an insurance company, health care corporation, nonprofit hospital service corporation, medical service nonprofit corporation, health care plan, or health maintenance organization. (6) `Qualifying eligible individual' means: (A) A Georgia domiciliary, for whom, as of the date on which the individual seeks coverage under this section, the aggregate of the periods of creditable coverage is 18 months or more; and (B) Who is not eligible for coverage under any of the following: (i) A group health plan, including continuation rights under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA); (ii) Part A or Part B of Title XVIII of the federal Social Security Act; or (iii) The state plan under Title XIX of the federal Social Security Act or any successor program. (b) Each group contract or group plan delivered or issued for delivery in this state, other than a group accident and sickness insurance policy,

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contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical coverage, or any combination of these coverages, on an expense incurred or service basis, excluding contracts and plans which provide benefits for specific diseases or accidental injuries only, shall provide that members and qualifying eligible individuals whose insurance under the group contract or plan would otherwise terminate shall be entitled to continue their hospital, surgical, and major medical insurance coverage under that group contract or plan for themselves and their eligible dependents. (c) Any group member or qualifying eligible individual whose coverage has been terminated and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to such termination, shall be entitled to have his or her coverage and the coverage of his or her eligible dependents continued under the contract or plan. Such coverage must continue for the fractional policy month remaining, if any, at termination plus three additional policy months upon payment of the premium by cash, certified check, or money order, at the option of the employer, to the policyholder or employer, at the same rate for active group members set forth in the contract or plan, on a monthly basis in advance as such premium becomes due during this coverage period. Such premium payment must include any portion of the premium paid by a former employer or other person if such employer or other person no longer contributes premium payments for this coverage. At the end of such period, the group member shall have the same conversion rights that were available on the date of termination of coverage in accordance with the conversion privileges contained in the group contract or group plan. (d)(1) A group member shall not be entitled to have coverage continued if: (A) termination of coverage occurred because the employment of the group member was terminated for cause; (B) termination of coverage occurred because the group member failed to pay any required contribution; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. Further, a group member shall not be entitled to have coverage continued if the group contract or group plan was terminated in its entirety or was terminated with respect to a class to which the group member belonged. This subsection shall not affect conversion rights available to a qualifying eligible individual under any contract or plan. (2) A qualifying eligible individual shall not be entitled to have coverage continued if the most recent creditable coverage within the coverage period was terminated based on one of the following factors:

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(A) failure of the qualifying eligible individual to pay premiums or contributions in accordance with the terms of the health insurance coverage or failure of the issuer to receive timely premium payments; (B) the qualifying eligible individual has performed an act or practice that constitutes fraud or made an intentional misrepresentation of material fact under the terms of coverage; or (C) any discontinued group coverage is immediately replaced by similar group coverage including coverage under a health benefits plan as defined in the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. This subsection shall not affect conversion rights available to a group member under any contract or plan. (e) If the group contract or group plan terminates while any group member or qualifying eligible individual is covered or whose coverage is being continued, the group administrator, as prescribed by the insurer, must notify each such group member or qualifying eligible individual that he or she must exercise his or her conversion rights within: (1) Thirty days of such notice for group members who are not qualifying eligible individuals; or (2) Sixty-two days of such notice for qualifying eligible individuals. (f) Every group contract or group plan, other than a group accident and sickness insurance policy, contract, or plan issued in connection with an extension of credit, which provides hospital, surgical, or major medical expense insurance, or any combination of these coverages, on an expense incurred or service basis, excluding policies which provide benefits for specific diseases or for accidental injuries only, shall contain a conversion privilege provision. (g) Eligibility for the converted policies or contracts shall be as follows: (1) Any qualifying eligible individual whose insurance and its corresponding eligibility under the group policy, including any continuation available, elected, and exhausted under this Code section or the federal Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA), has been terminated for any reason other than fraud or failure of the qualifying eligible individual to pay a required premium contribution and who has at least 18 months of creditable coverage immediately prior to termination with no greater than a 62 day gap in coverage, shall be entitled, without evidence of insurability, to convert to individual or group based coverage covering such qualifying eligible individual and any eligible dependents who were covered under the qualifying eligible individual's coverage under the group contract or group plan. The insurer must offer qualifying eligible individuals at least two distinct conversion options from which to choose. One such choice of coverage shall be comparable to comprehensive health insurance coverage offered in the individual market in this state or comparable to a standard option of coverage available under the

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group or individual health insurance laws of this state. The other choice may be more limited in nature but must also qualify as creditable coverage. Each coverage shall be filed, together with applicable rates, for approval by the Commissioner. Such choices shall be known as the `Enhanced Conversion Options.' (2) Premiums for the enhanced conversion options for all qualifying eligible individuals shall be determined in accordance with the following provisions: (A) Solely for purposes of this subsection, the claims experience produced by all groups covered under comprehensive major medical or hospitalization accident and sickness insurance for each insurer shall be fully pooled to determine the group pool rate. Except to the extent that the claims experience of an individual group affects the overall experience of the group pool, the claims experience produced by any individual group of each insurer shall not be used in any manner for enhanced conversion policy rating purposes; (B) Each insurer's group pool shall consist of each insurer's total claims experience produced by all groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance from which the qualifying eligible individual is converting. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts and contracts issued to trusts, multiple employer trusts, or association groups or trusts, including trusts or arrangements providing group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, through contracts issued or issued for delivery in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement; and any other group-type coverage which is determined to be a group shall also be included in the pool for enhanced conversion policy rating purposes; and (C) Any other factors deemed relevant by the Commissioner may be considered in determination of each enhanced conversion policy pool rate so long as it does not have the effect of lessening the risk-spreading characteristic of the pooling requirement. Duration since issue and tier factors may not be considered in conversion policy rating. Notwithstanding subparagraph (A) of this paragraph, the total premium calculated for all enhanced conversion policies may deviate from the group pool rate by not more than plus or minus 50 percent based upon the experience generated under the pool of enhanced conversion policies so long as rates do not deviate

Page 1468

for similarly situated individuals covered through the pool of enhanced conversion policies; (3) Any group member who is not a qualifying eligible individual and whose insurance under the group policy has been terminated for any reason other than eligibility for medicare (reaching a limiting age for coverage under the group policy) or failure of the group member to pay a required premium contribution, and who has been continuously covered under the group contract or group plan, and under any contract or plan providing similar benefits which it replaces, for at least six months immediately prior to termination shall be entitled, without evidence of insurability, to convert to individual or group coverage covering such group member and any eligible dependents who were covered under the group member's coverage under the group contract or group plan. The premium of the basic converted policy shall be determined in accordance with the insurer's table of premium rates applicable to the age and classification of risks of each person to be covered under that policy and to the type and amount of coverage provided. This form of conversion coverage shall be known as the `Basic Conversion Option'; and (4) Nothing in this Code section shall be construed to prevent an insurer from offering additional options to qualifying eligible individuals or group members. (h) Each group certificate issued to each group member or qualifying eligible individual, in addition to setting forth any conversion rights, shall set forth the continuation right in a separate provision bearing its own caption. The provisions shall clearly set forth a full description of the continuation and conversion rights available, including all requirements, limitations, and exceptions, the premium required, and the time of payment of all premiums due during the period of continuation or conversion. (i) This Code section shall not apply to limited benefit insurance policies. For the purposes of this Code section, the term `limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term limited benefit insurance includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, and comprehensive major medical insurance coverage. (j) The Commissioner shall adopt such rules and regulations as he or she deems necessary for the administration of this Code section. Such rules and regulations may prescribe various conversion plans, including minimum conversion standards and minimum benefits, but not requiring benefits in excess of those provided under the group contract or

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group plan from which conversion is made, scope of coverage, preexisting limitations, optional coverages, reductions, notices to covered persons, and such other requirements as the Commissioner deems necessary for the protection of the citizens of this state. (k) This Code section shall apply to all group plans and group contracts delivered or issued for delivery in this state on or after January 1, 1998, and to group plans and group contracts then in effect on the first anniversary date occurring on or after January 1, 1998. SECTION 4. Said title is further amended by adding at the end of Chapter 29, relating to individual accident and sickness insurance, a new Code Section 33-29-21 to read as follows: 33-29-21. Pursuant to the provisions of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, and subject to applicable rules and regulations as issued by the Health Care Financing Administration, on and after July 1, 1997, all insurers which issue, issue for delivery, deliver, or renew existing individual policies, certificates, or contracts of accident and sickness insurance in the State of Georgia shall, subject only to timely payment of premiums, renew or continue such coverage at the option of the insured. Such other exemptions and exclusions as are permitted by the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191, Section 2742 shall also apply to individual accident and sickness insurance and insurers in this state. SECTION 5. Said title is further amended by adding immediately after Chapter 29 a new Chapter 29A to read as follows: CHAPTER 29A 33-29A-1. (a) It is the intention of this chapter together with Code Section 33-24-21.1 to provide an acceptable alternative mechanism for the availability of individual health insurance coverage, as contemplated by Section 2741 of the federal Public Health Service Act, 42 U.S.C.A. 300gg-41. This chapter shall be construed and administered so as accomplish such intention. (b) Any reference in this chapter to any federal statute shall refer to that federal statute as it existed on January 1, 1997, including its amendment by the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

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33-29A-2. (a) As used in this chapter, the terms: (1) `Creditable coverage' and `eligible individual' have the same meaning as specified in Sections 2701 and 2741 of the federal Public Health Service Act, 42 U.S.C.A. Sections 300gg and 300gg-41 except that a person shall not be an eligible individual under this chapter if such person is eligible for or has declined any continuation or conversion coverage or has terminated any such coverage prior to its exhaustion. (2) `Health insurance issuer' and `health maintenance organization' have the same meaning as specified in Section 2791 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-92. (3) `Health insurer' means any health insurance issuer which is not a managed care organization. (4) `Managed care organization' means a health maintenance organization or a nonprofit health care corporation. (b) Any other term which is used in this chapter and which is also defined in Section 2791 of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-92, and not otherwise defined in this chapter shall have the same meaning specified in said Section 2791. 33-29A-3. Each health insurer and managed care corporation which is licensed to and does offer health insurance coverage in the individual market in this state shall as a condition of such licensure agree to participation in its respective assignment system provided by this chapter. This Code section shall not apply to an entity which offers only excepted benefits as specified in Section 2791(c) of the federal Public Health Service Act, 42 U.S.C.A. Section 300gg-91(c). 33-29A-4. (a) Each eligible individual in this state whose most recent creditable coverage was provided by an entity other than a managed care organization shall be entitled to participate in the Georgia Health Insurance Assignment System (sometimes referred to as GHIAS in this chapter) created pursuant to this Code section. Each eligible individual in this state whose most recent creditable coverage was provided by a managed care organization shall be entitled to participate in the Georgia Health Benefits Assignment System created pursuant to Code Section 33-29A-5. (b) The Commissioner shall develop the GHIAS system which shall provide for the equitable assignment of eligible individuals who are entitled to and desirous of participating in the system to health insurers offering coverage in the individual market in the state. Such assignment

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shall be based primarily on the pro rata volume of individual health insurance business done in this state by each such health insurer. The system may include other factors for equitable assignment, as determined to be appropriate by the Commissioner, including but not limited to the geographic area or areas in the state normally served by a health insurer. (c) Upon assignment of an eligible individual to a health insurer, the eligible individual shall have the right to purchase and the health insurer shall have the obligation to sell either of the standard health insurance policies provided for in subsection (d) of this Code section at a premium not to exceed the maximum specified in said subsection. (d) The Commissioner shall develop two standard health insurance policies to be provided by health insurers to which eligible individuals are assigned pursuant to this Code section. The actuarial value of the benefits under each such coverage shall be at least 85 percent of the average actuarial value of the benefits provided by all individual health insurance coverage issued by all issuers in the state. Except to the extent specifically provided to the contrary in this chapter, all laws of this state relating to the normal provision of such coverage in the individual market shall apply to the provision of such coverage under this chapter. The Commissioner shall fix a maximum premium to be charged for each such standard policy which shall be not more than 150 percent of the average premium which is or would be charged by all issuers in the state for the same or similar coverage issued other than under this Code section, as determined by the Commissioner. The Commissioner may authorize a health insurer to charge a premium in excess of said 150 percent maximum if and only if the insurer demonstrates to the Commissioner that the application of the 150 percent maximum would endanger the financial solvency of that health insurer. (e) Nothing in this Code section shall be construed to require a health insurer to offer to an eligible individual any coverage other than one of the two standard health insurance plans developed under subsection (d) of this Code section. Nothing in this Code section shall be construed to prohibit any insurer from offering to any individual any otherwise lawful coverage. 33-29A-5. (a) Each eligible individual in this state whose most recent creditable coverage was provided by a managed care organization shall be entitled to participate in the Georgia Health Benefits Assignment System (sometimes referred to as GHBAS in this chapter) created pursuant to this Code section. Each eligible individual in this state whose most recent creditable coverage was provided by an entity other than a managed care organization shall be entitled to participate in the Georgia Health Insurance Assignment System created pursuant to Code Section 33-29A-4.

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(b) The Commissioner shall develop the GHBAS system which shall provide for the equitable assignment of eligible individuals who are entitled to and desirous of participating in the system to managed care organizations doing business in the state. Such assignment shall be based primarily on the pro rata volume of individual business done in this state by each such managed care organization and the geographic area or areas in the state normally served by a managed care organization. The system may include other factors for equitable assignment, as determined to be appropriate by the Commissioner. No managed care organization shall be required to provide coverage outside the geographic area or areas normally served by that managed care organization. However, where this geographic limitation makes it impossible to assign to a managed care organization its equitable share of eligible individuals, a managed care organization may be required by the Commissioner to contract for provision of coverage of eligible individuals, as provided for in Code Section 33-29A-6. (c) Upon assignment of an eligible individual to a managed care organization, the eligible individual shall have the right to purchase and the managed care organization shall have the obligation to sell enrollment in either of the standard health benefit plans provided for in subsection (d) of this Code section at a premium not to exceed the maximum specified in said subsection. (d) The Commissioner shall develop two standard health benefit plans to be provided by managed care organizations to which eligible individuals are assigned pursuant to this Code section. The actuarial value of the benefits under each such health benefit plan shall be at least 85 percent of the average actuarial value of the benefits provided by all health benefit plans issued in the individual market by all managed care organizations in the state. Except to the extent specifically provided to the contrary in this chapter, all laws of this state relating to the normal provision of such coverage in the individual market shall apply to the provision of such coverage under this chapter. The Commissioner shall fix a maximum premium to be charged for each such standard health benefit plan which shall be not more than 150 percent of the average premium which is or would be charged by all managed care organizations in the state for the same or similar coverage issued other than under this Code section, as determined by the Commissioner. The Commissioner may authorize a managed care organization to charge a premium in excess of said 150 percent maximum if and only if the managed care organization demonstrates to the Commissioner that the application of the 150 percent maximum would endanger the financial solvency of that managed care organization. (e) Nothing in this Code section shall be construed to require a managed care organization to offer to an eligible individual any coverage other than one of the two standard health benefit plans developed

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under subsection (d) of this Code section. Nothing in this Code section shall be construed to prohibit any managed care organization from offering to any individual any otherwise lawful coverage. 33-29A-6. Any combination of one or more health insurers and one or more managed care organizations may contract with each other for the assumption by one or more health insurers of the obligations otherwise imposed by this chapter on one or more managed care organizations. Under any such contract the responsibility for providing the coverage required by this chapter shall be with a health insurer licensed to do business in this state. Where the obligations of a managed care organization are contractually assumed by a health insurer, the assuming health insurer may substitute coverage under a standard policy of health insurance for coverage under a standard health benefit plan, and provision of such substituted coverage shall satisfy the obligation otherwise owed to an affected eligible individual. 33-29A-7. The Commissioner may impose a moratorium upon the required issuance of coverage by a health insurer or managed care organization, if the Commissioner determines after public notice and hearing that the continuation of such required issuance by that entity will endanger the solvency of that entity. 33-29A-8. (a) The Commissioner shall adopt rules and regulations for the implementation of this chapter. Notwithstanding any provision of Chapter 2 of this title or any other law to the contrary, such rules and regulations shall be adopted in exact compliance with the procedures specified in Article 1 of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' In addition to any other materials submitted under subsection (e) of Code Section 50-13-4, there shall be so submitted the full text of the Georgia Health Insurance Assignment System, the Georgia Health Benefits Assignment System, the standard health insurance policies provided for in Code Section 33-29A-4, and the standard health benefit plans provided for in Code Section 33-29A-5. (b) The rules and regulations developed by the Commissioner shall include provisions for applications for GHIAS and GHBAS to be submitted by licensed insurance agents and for such agents to be compensated at a commission rate of not less than 3 percent from the premiums received by the issuing health insurer or managed care organization. SECTION 6. Said title is further amended by striking Code Section 33-30-1, relating to definitions applicable to group health insurance, and inserting new Code Sections 33-30-1 and 33-30-1.1 to read as follows:

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33-30-1. (a) `Group accident and sickness insurance' is that form of accident and sickness insurance covering the groups of persons listed in paragraphs (1) through (6) of this subsection, with or without one or more members of their families or one or more of their dependents or covering one or more members of the families or one or more dependents of persons in such groups, and issued upon the following basis: (1) Under a policy issued to an employer or trustees of a fund established by an employer, who shall be deemed the policyholder, insuring at least two employees of such employer for the benefit of persons other than the employer. As used in this paragraph, the term `employees' includes the officers, managers, and employees of the employer; the individual proprietor or partners, if the employer is an individual proprietor or partnership; the officers, managers, and employees of subsidiary or affiliated corporations; and the individual proprietors, partners, and employees of individuals and firms, if the business of the employer and such individual or firm is under common control through stock ownership, contract, or otherwise. The term may include retired employees. A policy issued to insure employees of a public body may provide that the term `employees' shall include elected or appointed officials; (2) Under a policy issued to an association, including a labor union, which shall have a constitution and bylaws and which has been organized and is maintained in good faith for purposes other than that of obtaining insurance, insuring at least 25 members, employees, or employees of members of the association for the benefit of persons other than the association or its officers or trustees. As used in this paragraph, the term `employees' may include retired employees; (3) Under a policy issued to the trustees of a fund established by two or more employers in the same industry, by one or more labor unions, by one or more employers and one or more labor unions, or by an association, as defined in paragraph (2) of this Code section, which trustees shall be deemed the policyholder, to insure not less than 25 employees of the employers or members of the union or of such association or of members of such association for the benefit of persons other than the employers or other unions or such associations. As used in this paragraph, the term `employees' includes the officers, managers, and employees of the employer and the individual proprietor or partners, if the employer is an individual proprietor or partnership. The term may include retired employees. The policy may provide that the term `employees' shall include the trustees or their employees, or both, if their duties are principally connected with such trusteeship; (4) Under a policy issued to any person or organization to which a policy of group life insurance may be delivered in this state, to insure

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any class or classes of individuals that could be insured under such group life policy; (5) Under a policy issued to cover any other substantially similar group which in the discretion of the Commissioner may be subject to the issuance of a group accident and sickness policy or contract; or (6)(A) Under a policy issued to a legal entity providing a multiple employer welfare arrangement, which means any employee benefit plan which is established or maintained for the purpose of offering or providing accident and sickness benefits to the employees of two or more employers, including self-employed individuals, and their dependents. The term does not apply to any plan or arrangement which is established or maintained by a tax-exempt rural electric cooperative or a collective bargaining agreement. (B) The amounts of insurance under the policy must be based upon some plan precluding individual selection either by the employees, employers, or trustee. (b) As used in this chapter, the term `association' means an organization that: (1) Has been in existence for at least five years; (2) Has been formed and maintained in good faith for purposes other than obtaining insurance; (3) Does not condition membership in the association on any health status related factor relating to an individual (including an employee of an employer or a dependent of an employee); (4) Makes health insurance coverage offered through the association available to all members regardless of any health status related factor relating to such members (or individual eligible for coverage through a member); (5) Does not make health insurance coverage offered through the association available other than in connection with a member of the association; and (6) Meets such additional requirements as may be imposed under Georgia law or regulation. 33-30-1.1. This chapter shall apply to policies of insurance, certificates evidencing coverage under a policy of insurance, or any other evidence of insurance, issued by an insurer, delivered, or issued for delivery in this state except for policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder.

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SECTION 7. Said title is further amended by striking Code Section 33-30-12, relating to rating of small groups for health insurance, and inserting in its place a new Code section to read as follows: 33-30-12. (a) As used in this Code section, the term `small group' means a group or subgroup of at least two and no more than 50 employees, members, or enrollees. (b) Except as otherwise provided in this Code section, the claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an individual small group affects the overall experience of the small group pool, the claims experience produced by any individual small group of each insurer shall not be used in any manner for rating purposes or solely as a reason for termination of any individual group. (c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distribution system utilized in the sale of the group insurance. The pool shall include the experience generated under any medical expense insurance coverage offered under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract provides coverage, primarily or incidentally, for sole proprietors, employers, or both. (d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, size, area, industry, occupational and avocational factors, and any other factors deemed relevant by the Commissioner may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied only when the employee, member, enrollee, or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Any substandard rating may only be applied across the entire group such that similarly situated employees are charged the same rate. For the purposes of this Code section, an individual who qualifies

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as a `newly eligible employee,' as defined in paragraph (4) of subsection (a) of Code Section 33-30-15, shall not be specified as entering the small group for the first time. Notwithstanding subsection (b) of this Code section, the total initial or renewal premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon individual small group experience factors. The direct premium result of select or substandard underwriting practices shall not be considered a deviation from the pool rate. (e) This Code section shall not apply to: (1) Policies issued to an employer in another state which provides coverage for employees of this state employed by such employer policyholder; (2) Policies issued to true associations, as defined in subsection (b) of Code Section 33-30-1; (3) A policy negotiated in connection with a collective bargaining agreement; or (4) Limited benefit insurance policies. For the purposes of this Code section, the term `limited benefit insurance' means accident and sickness insurance designed, advertised, and marketed to supplement major medical insurance. The term `limited benefit insurance' includes accident only, CHAMPUS supplement, dental, disability income, fixed indemnity, long-term care, medicare supplement, specified disease, vision, and any other accident and sickness insurance other than basic hospital expense, basic medical-surgical expense, or major medical insurance. (f) The Commissioner is authorized to exempt insurers from one or more provisions of this Code section upon satisfactory demonstration that such exemption will not result in rates which are unreasonable, inequitable, or unfair under the circumstances and would not conflict with the requirements of the federal Health Insurance Portability and Accountability Act of 1996, P.L. 104-191. SECTION 8. Said title is further amended by striking Code Section 33-30-15, relating to certain requirements for certain group health coverage, and inserting in its place a new Code section to read as follows: 33-30-15. (a) As used in this Code section, the term: (1) `Affiliation period' means a period, used by health maintenance organizations in lieu of a preexisting condition exclusion clause, beginning on the enrollment date, which must expire before health insurance coverage provided by a health maintenance organization

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becomes effective. The health maintenance organization is not required to provide health care benefits during such period, nor is it authorized to charge premiums over such a period. (2) `Creditable coverage' under another health benefit plan means medical expense coverage with no greater than a 90 day gap in coverage under any of the following: (A) Medicare or Medicaid; (B) An employer based accident and sickness insurance or health benefit arrangement; (C) An individual accident and sickness insurance policy, including coverage issued by a health maintenance organization, nonprofit hospital or nonprofit medical service corporation, health care corporation, or fraternal benefit society; (D) A spouse's benefits or coverage under medicare or Medicaid or an employer based health insurance or health benefit arrangement; (E) A conversion policy; (F) A franchise policy issued on an individual basis to a member of a true association as defined in subsection (b) of Code Section 33-30-1; (G) A health plan formed pursuant to 10 U.S.C. Chapter 55; (H) A health plan provided through the Indian Health Service or a tribal organization program or both; (I) A state health benefits risk pool; (J) A health plan formed pursuant to 5 U.S.C. Chapter 89; (K) A public health plan; or (L) A Peace Corps Act health benefit plan. (3) `Insurer' means an accident and sickness insurer, fraterna benefit society, nonprofit hospital service corporation, nonprofit medical service corporation, health care corporation, health maintenance organization, or any similar entity and any self-insured health care plan not subject to the exclusive jurisdiction of the federal Employee Retirement Income Security Act of 1974, 29 U.S.C. Section 1001, et seq. (4) `Newly eligible employee' means a Georgia domiciled employee or the dependent of a currently enrolled Georgia domiciled employee who has creditable coverage and who first becomes eligible to elect coverage under an employer sponsored comprehensive major medical or hospitalization plan. A newly eligible employee also includes:

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(A) During a special enrollment period, existing employees and existing dependents of existing employees who declined coverage when first offered because of the existence of other creditable coverage, if all the following conditions are met: (i) The employee or employee's dependent had creditable coverage at such time when the group coverage was first offered; (ii) The employee stated in writing that such creditable coverage was the reason for declining enrollment in group coverage, if such statement is required by the employer; (iii) The coverage of the employee or employee's dependent was under COBRA and has been exhausted or the creditable coverage was terminated as a result of loss of eligibility for the creditable coverage or employer contributions toward such creditable coverage were terminated; and (iv) The employee requests such enrollment not later than 30 days after the date of exhaustion or termination of the creditable coverage; or (B) In the case of marriage, if the employee requests such enrollment not later than 30 days following the date of marriage or the date dependent coverage is first made available, whichever is later, coverage of the spouse shall commence not later than the first day of the first month beginning after the date the completed request for enrollment is received. (b) Notwithstanding any other provision of this title which might be construed to the contrary, on and after July 1, 1997, all group basic hospital or medical expense, major medical, or comprehensive medical expense coverages which are issued, delivered, issued for delivery, or renewed in this state shall provide the following: (1) Subject to compliance with the provisions of subsections (c) and (d) of this Code section, any newly eligible employee, member, subscriber, enrollee, or dependent who has had creditable coverage under another health benefit plan within the previous 90 days shall be eligible for coverage immediately upon completion of any employer imposed waiting period; and (2) Once such creditable coverage terminates, including termination of such creditable coverage after any period of continuation of coverage required under Code Section 33-24-21.1 or the provisions of Title X of the Omnibus Budget Reconciliation Act of 1986, the insurer must offer a conversion policy to the eligible employee, member, subscriber, enrollee, or dependent. (c) Notwithstanding any provisions of this Code section which might be construed to the contrary, such coverages may include a limitation for

Page 1480

preexisting conditions not to exceed 12 months for enrollees who enroll when newly eligible and 18 months for late enrollees following the effective date of coverage; provided, however, that: (1) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation for the period of time an individual was previously covered by creditable coverage; or (2) Such coverages shall waive any time period applicable to the preexisting condition exclusion or limitation in accordance with an insurer's election of an alternative method pursuant to Section 701(c)(3)(B) of the Employee Retirement Income Security Act of 1974. (d) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to pregnancies. (e) The preexisting condition limitation described in subsection (c) of this Code section shall not apply to newborn children or newly adopted children where such children are added to the plan by the insured no later than 30 days following the date of birth or the date placed for adoption under order of the court of jurisdiction. (f) In case of a group health plan offered by a health maintenance organization, an affiliation period may be offered in place of the preexisting condition limitation described in subsection (c) of this Code section, provided that the affiliation period: (1) Is applied uniformly without regard to any health status related factors; (2) Does not exceed: (A) Two months for newly eligible employees and dependents; or (B) Three months for late enrollees; and (3) Runs concurrently with any employer imposed waiting period under the plan. (g) The Commissioner shall promulgate appropriate procedures and guidelines by rules and regulations to implement the provisions of this Code section after notification and review of such regulations by the appropriate standing committees of the House of Representatives and Senate in accordance with the requirements of applicable law. The Commissioner may allow in such regulations methods other than that described in subsection (f) of this Code section for health maintenance organizations to address adverse selection, as authorized by the Employee Retirement Income Security Act of 1974, Section 701(g)(3). Nothing in this Code section shall be construed to prohibit the Commissioner and any insurers with a desire to do so from mutually agreeing on procedures, rules, regulations, and guidelines and from

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implementing the provisions of this Code section on a voluntary basis before July 1, 1997. SECTION 9. Section 3 of this Act, relating to group continuation and conversion privileges, and Section 5 of this Act, relating to assignment systems for eligible individuals, shall become effective January 1, 1998. The remaining provisions of this Act shall become effective July 1, 1997. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. LOCAL GOVERNMENT ENTERPRISE ZONES WITHIN COUNTIES AND MUNICIPALITIES; COMPREHENSIVE REGULATION. Code Title 36, Chapter 88 Enacted. No. 447 (House Bill No. 663). AN ACT To provide for the creation and comprehensive regulation of enterprise zones within municipalities and counties; to provide for a short title; to provide for legislative findings and intent; to provide definitions; to provide for municipal and county tax credits and exemptions or abatements for qualified businesses within an enterprise zone; to provide for procedures, conditions, and limitations; to provide for powers, duties, and authority of the Department of Community Affairs; 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 36 of the Official Code of Georgia, relating to local government, is amended by adding a new Chapter 88 at the end of said title to read as follows: CHAPTER 88 36-88-1. This chapter shall be known and may be cited as the `Enterprise Zone Employment Act of 1997.' 36-88-2. The General Assembly finds and determines that there is a need for revitalization in many areas of Georgia. Revitalization will improve

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geographic areas within cities and counties which are suffering from disinvestment, underdevelopment, and economic decline and will encourage private businesses to reinvest and rehabilitate such areas. The General Assembly recognizes that increased employment opportunities for the citizens of Georgia will assist in the implementation of welfare reform. It is the intent of the General Assembly that this chapter be liberally construed to accomplish these purposes. 36-88-3. As used in this chapter, the term: (1) `Ad valorem tax' shall mean property taxes levied for state, county, or municipal operating purposes but does not include property taxes imposed by school districts or property taxes imposed for general obligation debt. (2) `Business enterprise' means any business which is engaged primarily in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries. (3) `Department' means the Department of Community Affairs. (4) `Enterprise zone' means the geographic area designated pursuant to Code Section 36-88-5. (5) `Full-time job equivalent' means a job or jobs with no predetermined end date, with a regular work week of 30 hours or more, and with the same benefits provided to similar employees. (6) `Low-income and moderate-income individual' means a person who is currently: (A) Unemployed or unemployed for three of the six months prior to the date of hire; (B) Homeless; (C) A resident of public housing; (D) Receiving temporary assistance to needy families or who has received temporary assistance to needy families at any time during the 18 months previous to the date of hire; (E) A participant in the Job Training Partnership Act or who has participated in the Job Training Partnership Act at any time during the 18 months previous to the date of hire; (F) A participant in a job opportunity where basic skills are required or who has participated in such a job opportunity at any time during the 18 months previous to the date of hire; (G) Receiving supplemental social security income; or

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(H) Receiving food stamps. (7) `New job' means employment for an individual created within an enterprise zone by a new or expanded qualified business or service enterprise at the time of the initial staffing of such new or expanded enterprise. (8) `Qualified or qualifying business' means an employer that meets the requirements of Code Section 36-88-4 and other applicable requirements of this chapter. (9) `Service enterprise' means an entity which is engaged primarily in finance, insurance, and real estate activity or activities listed under the Standard Industrial Classification (SIC) Codes 60 through 67 according to the Federal office of Management and Budget Standard Industrial Classification Manual, 1987 edition. 36-88-4. (a) The following incentives are available to qualifying business and service enterprises to encourage revitalization within enterprise zones: (1) The enterprise zone property tax exemption provided in Code Section 36-88-8; and (2) The occupational tax, regulatory fee, and business inspection fee abatement or reduction provided in Code Section 36-88-9. (b) A qualifying business or service enterprise is an enterprise which increased employment by five or more new full-time job equivalents in an area designated as an enterprise zone and which provides additional economic stimulus in such zone. The quality and quantity of such additional economic stimulus shall be determined, on a case-by-case basis, by the local governing body or bodies that have designated the enterprise zone. Such business or service enterprise may be new, an expansion or reinvestment of an existing business or service enterprise, or a successor to such business or service enterprise. Whenever possible, 10 percent of such new employees shall be low-income or moderate-income individuals. (c) Notwithstanding any provision of this Code section to the contrary, a local governing body or bodies creating an enterprise zone prior to January 1, 2000, may provide the exemptions and abatements as provided in this chapter to any qualifying business or service enterprise which employs at least 5,000 persons and which creates ten or more new full-time job equivalents that did not exist prior to July 1, 1997, provided such qualifying business or service enterprise provides economic stimulus to such zone and the quality and quantity of such stimulus is acceptable to the local governing body or bodies creating the enterprise zone.

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36-88-5. A local governing body or bodies may designate one or more geographic areas as enterprise zones. In such enterprise zone, local ad valorem taxes, occupation taxes, license fees, and other local fees and taxes, except local sales and use taxes or any combination thereof, may be exempted or reduced from applying to qualified business and service enterprises in accordance with the provisions of this chapter. A joint resolution by a county and one or more municipalities may provide such exemptions for jointly designated enterprise zones. Any areas designated as an enterprise zone may be redesignated as an enterprise zone after the expiration of its initial term as an enterprise zone if the area continues to meet the criteria for an enterprise zone contained in this chapter. 36-88-6. (a) In order to be designated as an enterprise zone, a nominated area shall meet at least three of the four criteria specified in subsections (b), (c), (d), and (e) of this Code section. In determining whether an area suffers from poverty, unemployment, or general distress, the governing body shall use data from the most current decennial census and from other information published by the Federal Bureau of the Census, the Federal Bureau of Labor Statistics, and the Georgia Department of Labor. In determining whether an area suffers from underdevelopment, the governing body shall use the data specified in subsection (e) of this Code section. The data shall be comparable in point or period of time and methodology employed. (b) Pervasive poverty shall be evidenced by showing that poverty is widespread throughout the nominated area and shall be established by using the following criteria: (1) The poverty rate shall be determined from the data in Table P121 contained in Census of Population and Housing, 1990: Summary Tape File 3A, on CD-ROM (Georgia), prepared by the U.S. Bureau of Census (1992); (2) For each census geographic block group within the nominated area, the ratio of income to poverty level for at least 20 percent of the residents shall be less than 1.0; (3) In at least 50 percent of the census geographic block groups within the nominated area, the ratio of income to poverty level for at least 30 percent of the residents shall be less than 1.0; (4) Census geographic block groups with no population shall be treated as having a poverty rate which meets the standards of paragraph (2) of this subsection but shall be treated as having a zero poverty rate for the purpose of applying paragraph (3) of this subsection; and

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(5) All parcels of a nominated area must abut and may not contain a noncontiguous parcel, unless such nonabutting parcel qualifies separately under the criteria set forth under paragraphs (2) and (3) of this subsection. (c) Unemployment shall be evidenced by the use of data published by the Office of Labor Information Systems of the Georgia Department of Labor indicating that the average rate of unemployment for the nominated area for the preceding calendar year is at least 10 percent higher than the state average unemployment or by evidence of adverse economic conditions brought about by significant job dislocation within the nominated area such as the closing of a manufacturing plant or federal facility. (d) General distress shall be evidenced by adverse conditions within the nominated area other than those of pervasive poverty and unemployment. Examples of such adverse conditions include, but are not limited to, a high incidence of crime, abandoned or dilapidated structures, deteriorated infrastructure, and substantial population decline. (e) Underdevelopment shall be evidenced by data indicating development activities, or lack thereof, through land disturbance permits, business license fees, building permits, development fees, or other similar data indicating that the level of development in the nominated area is at least 20 percent lower than development activity within the local governing body's jurisdiction. 36-88-7. (a)(1) Each ordinance adopted by a local government possessing an approved enterprise zone, when applicable, shall provide encouragement and incentives to increase rehabilitation, renovation, restoration, improvement for new construction for housing and the economic viability and profitability of businesses and commerce located within such enterprise zones. (2) Creation of an enterprise zone shall be consistent with the comprehensive plan or plans of the jurisdiction or jurisdictions designating the enterprise zone which plan or plans are adopted pursuant to Chapter 70 of this title. (3) Each local government possessing an enterprise zone may review its ordinances to determine which ordinances may have a negative effect upon the rehabilitation, renovation, restoration, improvement, or new construction of housing, or the economic viability and profitability of businesses and commerce located within an enterprise zone. Such local government may waive, amend, or otherwise modify such ordinances so as to minimize such adverse effect. (b) Nothing in this Code section shall authorize any local goernment to waive, amend, provide exceptions to or otherwise modify or alter any ordinance which is:

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(1) Expressly required to implement or enforce any statutory provisions; or (2) Designed to protect persons against discrimination on the basis of race, color, creed, national origin, sex, age, or handicap. (c) Nothing in this Code section shall be construed so as to rescind the authority granted to local governments to create, maintain, and regulate enterprise zones pursuant to any local enterprise zone law in effect on July 1, 1997. 36-88-8. (a)(1) The governing body of a local government or governments creating an enterprise zone shall include in the creating ordinance a provision to exempt qualifying business and service enterprises from state, county, and municipal ad valorem taxes that would otherwise be levied on the qualifying business and service enterprises in accordance with the following schedule: (A) One hundred percent of the property taxes shall be exempt for the first five years; (B) Eighty percent of the property taxes shall be exempt for the next two years; (C) Sixty percent of the property taxes shall be exempt for the next year; (D) Forty percent of the property taxes shall be exempt for the next year; and (E) Twenty percent of the property taxes shall be exempt for the last year. (2) For any qualifying business or service enterprise, the schedule provided for in paragraph (1) of this subsection may begin in any year during which an area has an enterprise zone designation. Such tax exemption may continue even if the area's enterprise zone designation has terminated. A minimum of five new jobs must be maintained for a qualifying business or service enterprise to maintain eligibility for the tax exemption provided pursuant to this Code section. (b) If the project consists of rehabilitation of an existing structure and the value of the improvement exceeds the value of the land by a ratio of five to one, then the exemption schedule in subsection (a) of this Code section shall also apply whether or not the project is carried out by a qualifying business or service enterprise. (c) In no event shall the value of the property tax exemptions granted to qualifying business and service enterprises within an enterprise zone

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created by a city, a county, or both, exceed 10 percent of the value of the property tax digest of the creating jurisdiction or jurisdictions. 36-88-9. (a) In addition to other incentives, the local governing body or bodies creating an enterprise zone may include in the creating ordinance an exemption or abatement from occupation taxes, regulatory fees, building inspection fees, and other fees that would otherwise have been imposed on a qualifying business. Such governing bodies may grant any of these incentives either when the enterprise is initially created or by subsequent resolution making such incentives applicable to an existing enterprise zone. (b) Local governments shall report designations of enterprise zones to the department, providing sufficient information to identify at a minimum the geographic boundaries of the zones, the specific fees and taxes to be exempted or abated, and the beginning and end dates of the designation period. The time and manner of reporting shall be determined by the department. 36-88-10. An area designated as an enterprise zone shall remain in existence for ten years from the first day of the calendar year immediately following its designation as an enterprise zone. Municipal and county governments may enter into agreements with qualifying business or service enterprises in designated enterprise zones to provide for modification or termination of the tax and fee exemptions and abatements. Property tax incentives available to a qualified business or service enterprise in an enterprise zone shall remain in effect for the full ten-year period established by Code Section 36-88-8, regardless of the termination of the designation of the enterprise zone. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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LAW ENFORCEMENT OFFICERS AND AGENCIES TRAINING; GEORGIA PUBLIC SAFETY TRAINING CENTER; MUNICIPAL CORRECTION INSTITUTIONS; ADMINISTRATIVE INVESTIGATORS; GEORGIA PEACE OFFICER STANDARDS AND TRAINING COUNCIL; POLICE CHIEFS, DEPARTMENT HEADS, AND WARDENS; COMMUNICATIONS OFFICERS. Code Title 35 Amended. No. 448 (House Bill No. 673). AN ACT To amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to change the provisions relating to the training of law enforcement officers in the inverstigation of family violence incidents; to change the composition of the Georgia Peace Officer Standards and Training Council; to provide that the Georgia Public Safety Training Center shall have certain powers and duties in connection with the training of peace officers and law enforcement support personnel; to provide for certain powers and duties of the Board of Public Safety; to provide for the transfer of certain powers and duties from the Georgia Peace Officer Standards and Training Council to the Georgia Public Safety Training Center; to change the provisions relating to the powers and duties of the Georgia Peace Officer Standards and Training Council; to repeal certain provisions relating to the training of instructors; to repeal certain provisions relating to reimbursement for certain costs incurred in training; to change the provisions relating to training requirements for police chiefs, department heads, and wardens; to repeal certain provisions relating to the expenditure of funds for the cost of training of police chiefs, department heads, and wardens; to change the provisions relating to the training of police chiefs and department heads appointed after a certain date; to repeal certain provisions relating to the expenditure of funds for the cost of training of police chiefs and department heads after a certain date; to change certain provisions relating to the basic training course for communications officers and certification requirements; to change certain additional powers and duties of the Georgia Peace Officer Standards and Training Council with respect to the training of communications officers; to change certain definitions; to include certain employees of municipal correctional institutions authorized to exercise arrest powers in the definition of peace officer; to include municipal correctional institutions in the definition of law enforcement unit; to limit the number of municipal correctional officers permitted to take the basic training course for a certified peace officer; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, as amended by an Act amending Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the Georgia Peace Officer Standards and Training Act, approved April 19, 1995 (Ga. L. 1995, p. 880), so as to change the definition of certain terms; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, is amended by striking Code Section 35-1-10, relating to training of law enforcement officers in the investigation of family violence incidents, and inserting in lieu thereof a new Code Section 35-1-10 to read as follows: 35-1-10. The Georgia Peace Officer Standards and Training Council and the Georgia Public Safety Training Center shall establish guidelines and procedures for the incorporation of training materials and information in methods for identifying, combating, and reporting family violence incidents for use by law enforcement training training centers monitored by the Georgia Peace Officer Standards and Training Council and monitored and funded by the Georgia Public Safety Training Center in all courses for which they have responsibility and oversight. SECTION 2. Said title is further amended by adding at the end of Code Section 35-5-5, relating to the availability of the Georgia Public Safety Training Center for use by state and local law enforcement officers, a new subsection (d) to read as follows: (d) Subject to such rules and regulations as shall be prescribed by the board, the Georgia Public Safety Training Center shall have the following powers and duties in connection with the training of peace officers and law enforcement support personnel: (1) To train instructors authorized to conduct training of peace officers and law enforcement support personnel; (2) To reimburse or provide for certain costs incurred in training peace officers and law enforcement support personnel employed or appointed by each agency, organ, or department of this state, counties, and municipalities to the extent that funds are appropriated for such purpose by the General Assembly. In the event sufficient funds are not appropriated for a fiscal year to fund the full cost provided for in this paragraph, then the amount which would otherwise be payable shall be reduced pro rata on the basis of the funds actually appropriated. As used in this paragraph, the terms `cost' and `costs' shall not include travel or salaries of personnel undergoing training and shall be limited exclusively to the cost of tuition, meals, and lodging which are incurred in connection with such training;

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(3) To expend funds appropriated or otherwise available to the center for paying the costs of training provided under subsection (a) of Code Section 35-8-20, other than travel expenses and salaries of police chiefs or department heads of law enforcement units and wardens of state institutions undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20; (4) To expend funds appropriated or otherwise available to the center for paying the costs of training provided for under subsection (a) of Code Section 35-8-20.1, other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training, and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the training provisions of said Code Section 35-8-20.1; and (5) To administer and coordinate the training for communications officers with respect to the requirements of Code Section 35-8-23. The board shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of training consistent with the provisions of said Code Section 35-8-23. The tuition costs of the training of communications officers shall be paid from funds appropriated to the center. SECTION 2A. Said title is further amended by striking subparagraph (C) of paragraph (7) of Code Section 35-8-2, relating to definitions, and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) The Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and municipal correctional institutions employing 300 or more correctional officers for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions. SECTION 2B. Said chapter is further amended by striking subparagraph (C) of paragraph (8) of Code Section 35-8-2, relating to definitions applicable to said chapter, and inserting in lieu thereof the following: (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, municipal correctional institutions employing 300 or more correctional officers, and county probation systems; and

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(D) An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency. Law enforcement support personnel are not peace officers within the meaning of this chapter, but they may be certified upon voluntarily complying with the certification provisions of this chapter. SECTION 3. Said title is further amended by striking Code Section 35-8-3, relating to the establishment and membership of the Georgie Peace Officer Standards and Training Council, and inserting in lieu thereof a new Code Section 35-8-3 to read as follows: 35-8-3. (a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 19 voting members and five advisory members. (b) The voting members shall consist of: (1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers' Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, and the president of the Georgia Prison Wardens Association or his or her designee, who shall be ex officio members of the council; (2) Six members who shall be appointed by the Governor for terms of four years, thier initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the coucil the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. 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. Vacancies shall be filled in the same manner as the

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original appointment and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and (3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term. (c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges. (d) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his or her membership. (e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3. SECTION 4. Said title is further amended by striking Code Section 35-8-7, relating to the powers and duties of the Georgia Peace Officer Standards and Training Council, and inserting in lieu thereof a new Code Section 35-8-7 to read as follows: 35-8-7. The council is vested with the following powers and duties: (1) To meet at such times and places as it may deem necessary; (2) To contract with other agencies, public or private, or persons as it deems necessary for the rendering and affording of such services, facilities, studies, and reports to the council as will best assist it to carry out its duties and responsibilities; (3) To cooperate with and secure the cooperation of every department, agency, or instrumentality in the state government or its political subdivisions in the furtherance of the purposes of this chapter; (4) To establish criteria to be used in certifying schools authorized to conduct training required by this chapter; (5) To certify schools as authorized to conduct training required by this chapter; (6) To prescribe minimum qualifications for directors of schools certified to conduct training required by this chapter; (7) To certify such school directors;

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(8) To establish minimum qualifications for instructors at schools certified to conduct training required by this chapter; (9) To certify instructors authorized to conduct training required by this chapter; (10) To reevaluate certified schools annually to determine if such schools shall continue to be certified; (11) To withdraw or suspend certification of schools, school directors, and instructors who fail to continue to meet or maintain, at any given time, the criteria and qualifications required for school, school director, or instructor certification; (12) To determine whether a candidate has met the requirements of this chapter and is qualified to be employed as a peace officer and to issue a certificate to those so qualified; (13) To certify to designated law enforcement units a candidate's successful completion of the course; (14) To refuse to grant a certificate to or to discipline a certified peace officer or an exempt peace officer under this chapter or any antecedent law; (15) To establish and modify the curriculum, including the methods of instruction, composing the basic training courses and to set the minimum number of hours therefor; (16) To establish and recommend curricula for such advanced, in-service, and specialized training courses as the council shall deem advisable and to recognize the completion of such courses by the issuance of certificates; (17) To provide technical assistance as requested by law enforcement units; (18) To provide for and administer the registration of all exempt peace officers; (19) To research, plan, and establish policy relative to peace officer training and to develop and coordinate the delivery of peace officer training programs through such agencies and institutions as the council may deem appropriate; (20) Reserved; (21) To develop, adopt, and issue advanced or professional peace officer certificates based upon the attainment of specified education, advanced or specialized training, and experience as the council may determine; (22) To provide and administer the certification of persons qualified to operate radar speed detection devices and to withdraw or suspend such certificates as provided for in this chapter;

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(23) To adopt in accordance with Chpater 13 of Title 50, the `Georgia Administrative Procedure Act,' such rules and regulations as are necessary to carry out the purposes of this chapter; and (24) To do any and all things necessary or convenient to enable it to perform wholly and adequately its duties and to exercise the power granted to it. SECTION 4A. Said chapter is further amended by adding at the end of Code Section 35-8-9, relating to requirement of completion of a basic training course, a new subsection (d) to read as follows: (d) A municipal correctional institution covered under the provisions of subparagraph (C) of paragraph (7) and subparagraph (C) of paragraph (8) of Code Section 35-8-2 shall not be permitted to have more than ten correctional officers in any 12 month period take the basic training course necessary to become a certified peace officer. SECTION 5. Said title is further amended by striking Code Section 35-8-20, relating to training requirements for police chiefs, department heads, and wardens, and inserting in lieu thereof a new Code Section 35-8-20 to reas as follows: 35-8-20. (a) During calendar year 1985 and during each calendar year thereafter, the chief of police or department head of each law enforcement unit and wardens of state institutions shall complete 20 hours of training as provided in this Code section. (b) The training required by subsection (a) of this Code section shall be completed in sessions as selected and provided or approved by the Georgia Association of Chiefs of Police or the Georgia Prison Wardens Association and which have been recognized by the Georgia Peace Officer Standards and Training Council. (c) The salary and travel expenses of a chief of police or department head of a law enforcement unit or a warden of a state institution taking the required training shall be paid by the law enforcement unit by which he or she is employed. (d) Any chief of police or department head of a law enforcement unit or a warden of a state institution who does not fulfill the training requirement of this Code section shall lose his or her power of arrest. (e) A waiver of the requirement of training provided in this Code section may be granted by the Georgia Peace Officer Standards and Training Council, in its discretion, upon the presentation of evidence by a chief of police or department head of a law enforcement unit or a

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warden of a state institution that he or she was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the council. SECTION 6. Said title is further amended by striking subsection (c) of Code Section 35-8-20.1, relating to training for police chiefs and department heads appointed after December 31, 1992, which reads as follows: (c) The council is authorized to expend funds appropriated or otherwise available to it for paying the costs of such training other than travel expenses and salaries of police chiefs or department heads of law enforcement units undergoing training and shall expend such funds for purposes of compensating a training officer to administer the course of training and conduct any business associated with the provisions of this Code section., and inserting in lieu thereof a new subsection (c) to read as follows: (c) Reserved. SECTION 7. Said title is further amended by striking subsection (c) of Code Section 35-8-23, relating to the basic training course for communications officers and certification requirements, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The council shall conduct administrative compliance reviews with respect to the requirements of this Code section. The council shall be authorized to promulgate rules and regulations to facilitate the administration and coordination of standards, certification, and compliance reviews consistent with the provisions of this Code section. SECTION 7A. Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions, as amended by an Act amending Chapter 8 of Title 35 of the Official Code of Georgia Annotated, known as the Georgia Peace Officer Standards and Training Act, to define certain terms and provide training requirements for jail officers, approved April 19, 1995 (Ga. L. 1995, p. 880), is amended by striking subparagraph (C) of paragraph (7) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) The Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions for the purpose of personnel who are authorized to exercise the power of arrest and who are employed or appointed by said department, board, or institutions.

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SECTION 7B. Said Code section as amended by said Act is further amended by striking subparagraph (C) of paragraph (8) of said Code section and inserting in lieu thereof a new subparagraph (C) to read as follows: (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, and county correctional institutions. SECTION 8. This Act shall become effective upon its approved by the Governor or upon its becoming law without such approval, except that Sections 7A and 7B of this Act shall become effective upon the same date as an Act amending Chapter 8 of Title 35 of the Official Code of Georgia Annotated, approved April 19, 1995 (Ga. L. 1995, p. 880). SECTION 9. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. COURTS SHERIFF OFFICES' NOMENCLATURE. Code Title 15, Chapter 16, Article 3 Enacted. No. 450 (House Bill No. 289). AN ACT To amend Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to prohibit the unauthorized use of any sheriff office's nomenclature or symbols; to provide a statement of public policy; to provide a short title; to define certain terms; to provide that a sheriff shall determine the nomenclature to be used by the sheriff's office subject to certain restrictions; to provide procedures for seeking permission to use any sheriff office's nomenclature or symbols; to authorize the sheriff 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. Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, is amended by adding following Article 2 a new Article 3 to read as follows:

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ARTICLE 3 15-16-50. This article shall be known and may be cited as the `Sheriff Offices' Nomenclature Act of 1997.' 15-16-51. 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 sheriff's office or with a member thereof when in fact the individual or organization is not the sheriff's office or a member thereof. Furthermore, the sheriff's office, 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 sheriff's office, its members, and the citizens of this state. Therefore, no person or organization should be allowed to use any sheriff office's name or any term used to identify the sheriff's office or its members without the expressed permission of the sheriff. The provisions of this article are in furtherance of the promotion of this policy. 15-16-52. As used in this article, the term: (1) `Badge' means any official badge used in the past or present by members of any sheriff's office. (2) `Emblem' means any official patch or other emblem worn currently or formerly or used by the sheriff's office to identify the office or its employees. (3) `Office' means any sheriff's office. (4) `Person' means any person, corporation, organization, or political subdivision of this state. (5) `Sheriff' means the sheriff of any county in this state. (6) `Willful violator' means any person who knowingly violates the provisions of this article. Any person who violates this article after being advised in writing by the sheriff that such person's activity is in violation of this article shall be considered a willful violator and shall be considered in willful violation of this article. Any person whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and in willful violation of this article, unless upon learning of the violation he or she immediately terminates the agency or other relationship with such violator.

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15-16-53. Whoever, except with the express written permission of the sheriff, knowingly uses words pertaining to such sheriff's office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, 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, political endorsement, 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 sheriff's office shall be in violation of this article. 15-16-54. The sheriff, at his or her sole discretion, shall determine any symbol, seal, badge, or other nomenclature to be used by the sheriff's office so long as the use of any such nomenclature is not in violation of any other state or federal law. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the sheriff's office in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, political endorsement, 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, political endorsement, 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 office without written permission from the sheriff shall be in violation of this article. 15-16-55. Any person wishing permission to use either sheriff's office nomenclature or symbols may request such permission in writing to the chief deputy sheriff or other person designated by the sheriff. Within 15 calendar days after receipt of the request, the chief deputy sheriff shall serve notice on the requesting party of his or her recommendation to the sheriff on whether the person may use the nomenclature or the symbol. Within 30 calendar days after receipt of the recommendation of the chief deputy sheriff, the sheriff shall serve notice on the requesting party of the decision on whether the person may use the nomenclature or the symbol. If the sheriff does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under this Code section or Code Section 15-16-53 or 15-16-54 shall be in the discretion of the sheriff under such conditions as established by the sheriff.

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15-16-56. Whenever there shall be an actual or threatened violation of Code Section 15-16-53 or 15-16-54, the sheriff 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. 15-16-57. In addition to any other relief or sanction for a violation of Code Section 15-16-53 or 15-16-54, where the violation is willful, the sheriff 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 sheriff shall be entitled to recover reasonable attorney's fees for bringing any action against the violator. The sheriff shall be entitled to seek civil sanctions in the superior court in the county of residence of the violator. 15-16-58. Any person who has given money or any other item of value to another person due in part to such person's use of a sheriff's office nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willfull, the victim shall be entitled to recover treble damages, punitive damages, and reasonable attorney's fees. 15-16-59. Any person who violates the provisions of this article shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 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 29, 1997. COURTS OATHS OF WITNESSES IN CRIMINAL CASES; PERJURY. Code Sections 15-12-68 and 17-18-52 Amended. No. 451 (House Bill No. 293). AN ACT To amend Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, so as to change the oath administered to witnesses; to amend Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, so as to change the oath administered to witnesses; to eliminate a reference to the charges against the defendant in such oaths; to clarify that the witness swears or affirms the veracity of the evidence; to provide for the applicability of the perjury statute; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 4 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to grand juries, amended by striking in its entirety Code Section 15-12-68, relating to the oath of witnesses in criminal cases before the grand jury, and inserting in its place the following: 15-12-68. (a) The following oath shall be administered to witnesses in criminal cases before the grand jury: `Do you solemnly swear or affirm that the evidence you shall give the grand jury on this bill of indictment or presentment shall be the truth, the whole truth, and nothing but the truth? So help you God.' (b) Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70. SECTION 2. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to the conduct of criminal trials, is amended by striking in its entirety Code Section 17-8-52, relating to the oath administered to witnesses, and inserting in its place the following: 17-8-52. (a) The following oath shall be administered to witnesses in criminal cases: `Do you solemnly swear or affirm that the evidence you shall give to the court and jury in the matter now pending before the court shall be the truth, the whole truth, and nothing but the truth? So help you God.' (b) Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70.

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SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997, and shall apply to all proceedings pending on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. HEALTH RESIDENTIAL CARE FACILITIES FOR THE ELDERLY AUTHORITIES; POWERS. Code Section 31-7-114 Amended. No. 452 (House Bill No. 297). AN ACT To amend Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, so as to change certain provisions relating to powers of authorities; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to residential care facilities for the elderly authorities, is amended by striking subsection (a) of Code Section 31-7-114, relating to powers of authorities, and inserting in its place the following: (a) Each authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including, but without limiting the generality of the foregoing, the power: (1) To bring and defend an action; (2) To adopt and amend a corporate seal; (3) To make and execute contracts and other instruments necessary to exercise the powers of the authority, any of which contracts may be made with the county in which the authority is located or with any one or more municipal corporations in such county; and each such county and all municipal corporations therein are authorized to enter into contracts with each authority; (4) To receive and administer gifts, grants, and devises of any property and to administer trusts;

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(5) To acquire by purchase, gift, or construction any real or personal property desired to be acquired by the authorities as part of any project or for the purpose of improving, extending, adding to, reconstructing, renovating, or remodeling any project or part thereof already acquired, or for the purpose of demolition to make room for such project or any part thereof; (6) To purchase, sell, lease, exchange, transfer, assign, pledge, mortgage, or dispose of, or grant options for any such purposes, any real or personal property or interest therein; (7) To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned, received, or to be received by the authority; (7.1) To invest and reinvest the funds of the authority in any investment which a domestic insurer may lawfully invest in, to determine the allocation of funds among investments, and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which funds of the authority have been invested, any proceeds of any investments, and any money belonging to the authority; (7.2) To provide grants, scholarships, loans, or other assistance to students pursuing a course of study relating to gerontology with particular emphasis on residential care and housing facilities for the elderly, subject to such bylaws and regulations as may be made by the authority; (8) To appoint officers and retain agents, engineers, attorneys, fiscal agents, accountants, and employees and to provide for their compensation and duties; (9) To extend credit or make loans to any qualified sponsor for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments or fees or charges, upon such terms and conditions as the authority shall determine to be reasonable, including provision for the establishment and maintenance of reserves and insurance funds; and, in the exercise of powers granted by this Code section in connection with a project for a qualified sponsor, to require the inclusion in any contract, loan agreement, security agreement, or othere instrument such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of the project as the authority may deem necessary or desirable; (10) To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien,

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loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority; (11) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the authority or land owned or leased by others and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the authority or from any contribution or loans by a qualified sponsor, all of which the authority is authorized to receive, accept, and use; (12) To borrow money and to issue its revenue bonds and bond anticipation notes from time to time and use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project or for the purpose of refunding or refinancing any such bonds of the authority theretofore issued or any other outstanding obligations of the authority; and otherwise to carry out the purposes of this article and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the provision of moneys to be paid into any fund or funds to secure such bonds and notes; provided, however, that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in subsections (a) through (h) of Code Section 31-7-116; (13) To pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of the authority as security for repayment of authority obligations and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in the agreement or indenture. The state on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right that it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered; and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof; and (14) To do all things necessary or convenient to carry out the powers expressly conferred by this article. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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LAW ENFORCEMENT OFFICERS AND AGENCIES MISSING PERSONS WITH ALZHEIMER'S DISEASE OR DEMENTIA; IMMEDIATE INVESTIGATION. Code Section 35-1-8 Amended. No. 453 (House Bill No. 326). AN ACT To amend Code Section 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, so as to provide that any law enforcement agency shall immediately open an investigation upon receipt of a report that a person with Alzheimer's disease is missing; 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 35-1-8 of the Official Code of Georgia Annotated, relating to acquisition, collection, classification, and preservation of information assisting in identifying deceased persons and locating missing persons, is amended by adding at the end of the Code section a new subsection (c) to read as follows: (c) Any law enforcement agency which receives a report that a person who has Alzheimer's disease or other mental illness involving dementia is missing shall immediately open an investigation for the purpose of determining such person's whereabouts; and no policy for applying any waiting period prior to initiation of a missing persons investigation shall apply in the case of a person who has Alzheimer's disease or other mental illnesses involving dementia. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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MOTOR VEHICLES AND TRAFFIC MOTORCYCLE OPERATOR SAFETY TRAINING PROGRAM; STATE-WIDE MOTORCYCLE SAFETY COORDINATOR. Code Sections 40-15-1, 40-15-2, and 40-15-4 Amended. No. 454 (House Bill No. 695). AN ACT To amend Chapter 15 of Title 40 of the Official Code of Georgia Annotated, relating to the motorcycle operator safety training program, so as to provide that the commissioner of public safety shall have authority over the administration of the motorcycle operator safety training program; to define a certain term; to transfer certain powers from the Board of Public Safety to the commissioner of public safety; to change certain provisions relating to the state-wide motorcycle safety coordinator; to provide that the coordinator shall be in the unclassified service of the state merit system; to change the qualifications for the office of coordinator; 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 15 of Title 40 of the Official Code of Georgia Annotated, relating to the motorcycle operator safety training program, is amended by striking Code Section 40-15-1, relating to definitions applicable to said chapter, and inserting in lieu thereof a new Code Section 40-15-1 to read as follows: 40-15-1. As used in this chapter, the term: (1) `Board' means the Board of Public Safety. (2) `Commissioner' means the commissioner of public safety. (3) `Coordinator' means the state-wide motorcycle safety coordinator provided for in Code Section 40-15-4. (4) `Department' means the Department of Public Safety. (5) `Motorcycle' means every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor and a moped. (6) `Operator' means any person who drives or is in actual physical control of a motorcycle. (7) `Program' means a motorcycle operator safety training program provided for in Code Section 40-15-2.

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SECTION 2. Said chapter is further amended by striking paragraph (2) of subsection (a) of Code Section 40-15-2, relating to the establishment and operation of motorcycle operator safety training programs, and inserting in lieu thereof a new paragraph (2) to read as follows: (2) The coordinator, with the approval of the commissioner, shall be authorized to set up, establish, and operate additional motorcycle operator safety training programs. SECTION 3. Said chapter is further amended by striking Code Section 40-15-4, relating to the appointment of a state-wide motorcycle safety coordinator and his or her duties, and inserting in lieu thereof a new Code Section 40-15-4 to read as follows: 40-15-4. (a) The commissioner shall appoint a state-wide motorcycle safety coordinator who shall carry out and enforce the provisions of this chapter and the rules and regulations of the department. The coordinator shall be placed in the unclassified service of the state merit system and shall serve at the pleasure of the commissioner. (b) The coordinator shall also be authorized to: (1) Promote motorcycle safety throughout the state; (2) Provide consultation to the various departments of state government and local political subdivisions relating to motorcycle safety; and (3) Do any other thing deemed necessary by the commissioner to promote motorcycle safety in the state. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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COMMERCE AND TRADE DECEPTIVE OR UNFAIR BUSINESS PRACTICES; TELEMARKETING; COMPUTER INTERNET ACTIVITIES; HOME REPAIR OR IMPROVEMENT; PROHIBITIONS; PROSECUTIONS; PENALTIES; PUNISHMENTS. Code Title 10, Chapter 1, Article 15, Part 2 Amended. Code Section 16-8-12 Amended. No. 455 (House Bill No. 708). AN ACT To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, so as to make unlawful certain practices relating to telemarketing, the use of a computer or computer network, or home repair or home improvement work; to provide for criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to provide for an additional civil penalty for certain practices relating to an elder or disabled person; to provide for investigations of violations of Article 15 of Chapter 1 of Title 10; to authorize the administrator to issue certain regulations; to provide for the forwarding of results of certain investigations conducted by the administrator to prosecuting attorneys of this state; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, so as to provide for criminal penalties for certain offenses; 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. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the Fair Business Practices Act of 1975, is amended by striking the word or at the end of paragraph (29) of subsection (b) of Code Section 10-1-393, relating to unlawful unfair or deceptive practices in consumer transactions, and by striking the period at the end of paragraph (30) and inserting in lieu thereof ; or and inserting immediately thereafter a new paragraph to read as follows: (31) With respect to telemarketing sales: (A) For any seller or telemarketer to use any part of an electronic record to attempt to induce payment or attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber. Nothing in this paragraph shall be construed to:

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(i) Prohibit the seller or telemarketer from introducing, as evidence in any court proceeding to attempt collection of any payment that the seller or telemarketer claims is due and owing to it pursuant to a telephone conversation or series of telephone conversations with a residential subscriber, an electronic record of the entirety of such telephone conversation or series of telephone conversations; or (ii) Expand the permissible use of an electronic record made pursuant to 16 C.F.R. Part 310.3(a) (3), the Federal Telemarketing Sales Rule. (B) For purposes of this paragraph, the term: (i) `Covered communication' means any unsolicited telephone call or telephone call arising from an unsolicited telephone call. (ii) `Electronic record' means any recording by electronic device of, in part or in its entirety, a telephone conversation or series of telephone conversations with a residential subscriber that is initiated by a seller or telemarketer in order to induce the purchase of goods, services, or property. This term shall include, without limitation, any subsequent telephone conversations in which the seller or telemarketer attempts to verify any alleged agreement in a previous conversation or previous conversations. (iii) `Residential subscriber' means any person who has subscribed to residential phone service from a local exchange company or the other persons living or residing with such person. (iv) `Seller or telemarketer' means any person or entity making a covered communication to a residential subscriber for the purpose of inducing the purchase of goods, services, or property by such subscriber. This term shall include, without limitation, any agent of the seller or telemarketer, whether for purposes of conducting calls to induce the purchase, for purposes of verifying any calls to induce the purchase, or for purposes of attempting to collect on any payment under the purchase. SECTION 2. Said part is further amended by striking in its entirety Code Section 10-1-393.5, relating to prohibited telemarketing or Internet activities, and inserting in lieu thereof the following: 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

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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 unlawful for any person who is engaged in telemarketing, any person who is engaged in any activity involving or using a computer or computer network, or any person who is engaged in home repair work or home improvement work to: (1) Employ any device, scheme, or artifice to defraud a person, organization, or entity; (2) Engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon a person, organization, or entity; or (3) Commit any offense involving theft under Code Sections 16-8-2 through 16-8-9. (c) In addition to any civil penalties under this part, any person who intentionally violates subsection (b) of this Code section shall be subject to a criminal penalty under paragraph (4) of subsection (a) of Code Section 16-8-12. In addition thereto, if the violator is a corporation, each of its officers and directors may be subjected to a like penalty; if the violator is a sole proprietorship, the owner thereof may be subjected to a like penalty; and, if the violator is a partnership, each of the partners may be subjected to a like penalty, provided that no person shall be subjected to a like penalty if the person did not have prior actual knowledge of the acts violating subsection (b) of this Code section. (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 an additional civil penalty, as provided in Code Section 10-1-851. (e) Persons employed full time or part time for the purpose of conducting potentially criminal investigations under this article shall be certified peace officers and shall have all the powers of a certified peace officer of this state when engaged in the enforcement of this article, 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 article.

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(f) The administrator shall be authorized to promulgate procedural rules relating to his or her enforcement duties under this Code section. SECTION 3. Said part is further amended by striking in its entirety Code Section 10-1-406, relating to the duty of prosecuting attorneys, and inserting in lieu thereof a new Code Section 10-1-406 to read as follows: 10-1-406. Whenever an investigation has been conducted under this article and such investigation reveals conduct which constitutes a criminal offense, the administrator shall forward the results of such investigation to a prosecuting attorney of this state who shall commence any criminal prosecution that such prosecuting attorney deems appropriate. SECTION 4. Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violation of Code Sections 16-8-2 through 16-8-9 regarding theft, is amended by striking in its entirety paragraph (4) of subsection (a) and inserting in lieu thereof a new paragraph (4) of subsection (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 or unlawful activity was committed in violation of subsection (b) of Code Section 10-1-393.5 or while engaged in telemarketing conduct in violation of Chapter 5B of Title 10, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years. (B) Subsequent offenses committed under this paragraph, including those which may have been committed after prior felony convictions unrelated to this paragraph, shall be punished as provided in Code Section 17-10-7; or. SECTION 5. This Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after said date. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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COMMERCE AND TRADE DECEPTIVE OR UNFAIR TRADE PRACTICES; JUDGMENTS; DELINQUENT PENALTIES; COLLECTION; FEES; FUNDS DESIGNATION AND DISBURSEMENT; CONSUMER PREVENTIVE EDUCATION. Code Sections 10-1-365, 10-1-366, and 10-1-367 Enacted. No. 456 (House Bill No. 712). AN ACT To amend Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, so as to provide for judgments on delinquent penalties or other obligations; to authorize the administrator to designate the use of certain funds and to establish a consumer preventive education plan; to privatize the collection of judgments; to provide for collection fees; to provide for disbursement of collected funds; 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 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to deceptive or unfair practices, is amended by inserting the following new part, to be designated as Part 0.5, to read as follows: Part 0.5 10-1-365. As used in this article, the term `administrator' means the person appointed by the Governor pursuant to Code Section 10-1-395 on his or her designee. 10-1-366. (a) The administrator may file in the Superior Court of county in which a person under order resides, or in the county in which the violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of a final order issued pursuant to this article by the administrator which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is unappealed from or a final order of an administrative law judge issued pursuant to this article which is affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the

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same as though the judgment had been rendered in an action duly heard and determined by the court. (b) The administrator may file in the Superior Court of county in which the person obligated to pay funds over to the administrator resides, or in the county in which the violation or alleged violation occurred, or, if the person is a corporation, in the county in which the corporation maintains its principal place of business, a certified copy of any document under which funds are due to the administrator based on obligations created in the administration of this article, whether obtained through official action, compromise, settlement, assurance of voluntary compliance, or otherwise, and are delinquent according to the terms of the document creating the obligation, whereupon the court shall render judgment in accordance therewith and notify the parties. The judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court. (c) The court shall specify that any funds to be collected under the judgment shall be disbursed by the administrator in accordance with the terms of the original order or in accordance with the terms of the original document creating the obligation, subject to the provisions of Code Section 10-1-367. Such funds may have been designated in the original order or in the original document to be applied to consumer restitution, to reimbursement of funds from which investigative expenses were paid, to civil penalties to be disbursed into the consumer preventive education plan, to civil penalties to be disbursed into the state general fund, or any combination thereof. (d) In original orders or original documents the administrator may designate that civil penalties shall be applied to the consumer preventive education plan; in that event, such funds shall not be applied in an aggregate amount which is any greater than the amount of funds appropriated for the consumer preventive education plan. Any amount of civil penalties which exceeds the appropriation for the consumer preventive education plan shall be disbursed into the state general fund. (e) All judgments obtained pursuant to this Code section shall be considered delinquent if unpaid 30 calendar days after the judgment is rendered. (f) The administrator is authorized to establish a consumer preventive education plan. 10-1-367. (a) In addition to any amount owed under a jedgment rendered under Code Section 10-1-366, a delinquent party shall be responsible by operation of law for a collection fee equal to 40 percent of the amount of the judgment as if such collection fee had been included as part of the

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judgment. The amount of the judgment together with the 40 percent collection fee shall be designated as the amount due. The administrator shall have the authority to contract with private collection agencies to collect any amount due. In the event that such collection agencies are unable to collect any part of such amounts due, the administratory may request that the Attorney General contract with attorneys to collect all or any remaining part of such amounts due. Such collection attorneys shall be paid in the same manner as collection agencies. (b) All funds collected by the collection agency or by the collection attorneys shall be remitted to the administrator for disbursement. In no event shall the collection agency or attorney be entitled to any compensation in an amount greater than the 40 percent collection fee. (c) The administrator shall remit to the collection agency or to the collection attorney a fee of 10 percent of any amount actually collected by that collection agency or that attorney. (d) After the 10 percent of the funds collected to date has been remitted to the appropriate collection agency or collection attorney, as specified in subsection (c) of this Code section, and up until such time as 100 percent of the judgment has been disbursed in the manner called for in the judgment, the administrator shall disburse the remaining 90 percent of the funds collected to date as designated in the judgment. (e) After 100 percent of the funds have been disbursed as designated in the judgment and the collector has also received the collection fee equal to 10 percent of such collected funds, the administrator shall remit to the collection agency or to the collection attorney any of the remaining funds which were actually collected by that collection agency or by that collection attorney; provided, however, in no event shall the total of collection fees disbursed in connection with the collection of the judgment exceed an amount equal to 40 percent of the judgment. (f) The administrator shall render semiannual reports to the Governor on the amounts collected and disbursed. Such reports shall be due on the tenth day of January and the tenth day of July of each year. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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ALCOHOLIC BEVERAGES BREWPUBS; BREWERY TOURS; SALES IN SPECIAL ENTERTAINMENT DISTRICTS. Code Sections 3-5-36, 3-5-38, and 3-6-21.2 Amended. No. 457 (House Bill No. 834). AN ACT To amend Title. 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to authorize certain activities; to authorize issuance of certain permits; to amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to sales on farm wineries and in special entertainment districts, so as to provide that special entertainment districts may be defined and designated by local governing authorities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by striking and at the end of subparagraph (A), adding and at the end of subparagraph (B), and adding at the end of paragraph (2) of Code Section 3-5-36, relating to brewpub exceptions, the following: (C) Notwithstanding any other provision of this paragraph, sell up to a maximum of 500 barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers; SECTION 1A. Said title is further amended by striking from Code Section 3-5-38, relating to permits for certain brewery tours, the following: and which brews over 100,000 barrels of malt beverages annually SECTION 1B. Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to sales on farm wineries and in special entertainment districts, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all counties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other

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licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided in this Code section on any other premises which are not actually located on the property where such farm wine is produced, except in special entertainment districts designated by the local governing authority of the county or municipality, as applicable. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. MOTOR VEHICLES AND TRAFFIC CERTIFICATES OF TITLE REQUIREMENTS; EXCLUSION FOR VEHICLES 15 OR MORE MODEL YEARS OLD; SPECIAL LICENSE PLATES FOR PEARL HARBOR ATTACK SURVIVORS. Code Sections 40-2-85 and 40-3-4 Amended. No. 459 (House Bill No. 869). AN ACT To amend Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, so as to change certain provisions relating to exclusions for certain vehicles which are 15 or more model years old; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 40-3-4 of the Official Code of Georgia Annotated, relating to exclusions from motor vehicle certificate of title requirements, is amended by striking subparagraph (14) (A) and inserting in lieu thereof the following:

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(14) (A) A vehicle, other than a mobile home or crane, which is 15 or more model years old. For purposes of this subparagraph, a model year begins on September 1 of each year. To add a new section (F) to Code Section 40-2-85 to read as follows: Any resident motor vehicle owner who is the spouse or legal guardian of a person who is disabled as prescribed in this Code section shall be authorized to obtain such specialized plates for such vehicle. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. EDUCATION HISTORIC LANDMARK FACILITIES. Code Section 20-2-260 Amended. No. 467 (Senate Bill No. 21). 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 for State Board of Education policies relating to facilities which are historic landmarks; to provide for use of capital outlay funds for facilities registered as historic landmarks under certain conditions; to provide for common minimum facility requirements for buildings registered as historic landmarks; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking subsections (c) and (e) of Code Section 20-2-260, relating to capital outlay funds generally, and inserting in their places new subsections (c) and (e), respectively, to read as follows: (c) The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' that meet the requirements specified in this Code section. The state board's responsibilities shall include the following: (1) To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction

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and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds and annual debt service; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory; (2) To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys; (3) To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;

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(4) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educatoinal facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed; (5) To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Human Resources, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans and shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for

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allowable square footage and cost per square foot. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education; (6) To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), (j), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, exceptional growth construction projects, and consolidation of schools across system lines are carried out; (7) To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds, except construction projects under supervision of the Georgia State Financing and Investment Commission. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections, when the project is not under the direction of the Georgia State Financing and Investment Commission; (8) To coordinate construction project reviews with the state fire marshal's office and the Department of Human Resources; (9) To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and (10) To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which were registered as such on or before December 31, 1994, with the National Register of Historic Places or the Georgia Register of Historic Places and the expenditure of capital outlay funds otherwise available to a school system for such purposes.

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(e) State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes: (1) To provide construction projects needed because of increased student enrollment or exceptional growth or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites; (2) To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; (3) To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system; (4) To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites; (5) To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes; (6) To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed; and (7) To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as such with the National Register of Historic Places or the Georgia Register of Historic Places in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical

Page 1521

environments; provided, however, that local school boards shall be required to use the facility which is a historic landmark as a school; and provided, further, that facilities which are historic landmarks be used as public schools and be registered as historic landmarks on or before December 31, 1994. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. STATE GOVERNMENT ADMINISTRATIVE RULES; LEAST COSTLY ALTERNATIVES; VARIANCES AND WAIVERS IN HARDSHIP CASES; DECLARATORY JUDGMENTS REGARDING VALIDITY. Code Sections 50-13-4 and 50-13-10 Amended. Code Section 50-13-9.1 Enacted. No. 468 (Senate Bill No. 81). AN ACT To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Administrative Procedure Act, so as to provide that an agency shall consider the least costly alternative which complies with the statutory directive in formulating certain rules; to provide for legislative findings; to authorize agencies to grant variances and waivers from compliance with certain rules under restricted circumstances; to provide for procedures; to provide for exceptions; to provide for review; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions of the Georgia Administrative Procedure Act, is amended in Code Section 50-13-4, relating to procedural requirements for the adoption, amendment, or repeal of rules, by striking and at the end of paragraph (2) of subsection (a), by striking the period at the end of subparagraph (a)(3) (D) and inserting in its place ; and, and by adding a new paragraph immediately following paragraph (3) to read as follows: (4) In the formulation and adoption of any rule, an agency shall choose an alternative that does not impose excessive regulatory costs on any regulated person or entity which costs could be reduced by a less expensive alternative that fully accomplishes the stated objectives of the statutes which are the basis of the proposed rule. SECTION 2. Said article is further amended by adding after Code Section 50-13-9, relating to petitions for and responses to rule changes, a new Code Section 50-13-9.1 to read as follows: 50-13-9.1. (a) The General Assembly finds and declares that the strict application of rules can lead to unreasonable, uneconomical, and unintended results in particular instances. The General Assembly further declares that it is appropriate in such cases to adopt a procedure for agencies to provide relief to persons subject to regulation. (b) As used in this Code section, the term: (1) `Substantial hardship' means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business. (2) `Variance' means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. (3) `Waiver' means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule. (c) Except as provided in subsection (h), an agency is authorized to grant a variance or waiver to a rule when a person subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict

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application of the rule would create a substantial hardship to such person. A register of all pending requests for variances and waivers and all approved variances and waivers shall be maintained by the department granting the waiver or variance and shall be updated upon each grant of waiver or variance and be made available, upon request, to members of the public. The register and each entry on the register shall be posted on the GeorgiaNet. Any member of the public, including interested parties, shall have the opportunity to submit written comments concerning proposed variances or waivers prior to the approval of a variance or waiver pursuant to this Code section. (d) Except as provided in subsection (h), a person who is subject to regulation by an agency rule may file a petition with that agency requesting a variance or waiver from the agency's rule. In addition to any other requirements which may be imposed by the agency, each petition shall specify: (1) The rule from which a variance or waiver is requested; (2) The type of action requested; (3) The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and (4) The reason why the variance or waiver requested would serve the purpose of the underlying statute. (e) The agency subject to the provisions of subsections (c) and (d) of this Code section shall grant or deny a petition for variance or waiver in writing no earlier than 15 days after the posting of the petition on the register and no more than 60 days after the receipt of the petition. The agency's decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the agency's action. (f) The agency's decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by an agency may be determined in an action for declaratory judgement in accordance with Code Section 50-13-10. (g) Nothing in this Code section shall authorize an agency to grant variances or waivers to any statutes or to the agency itself or any other agency. This Code section does not supersede and is cumulative of any other variance or waiver provisions in other statutes or rules. (h) This Code section shall not apply, and no variance or waiver shall be sought or authorized, when:

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(1) Any agency rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program; (2) Any rule or regulation is promulgated or adopted by the Department of Corrections concerning any institutional operations or inmate activities; (3) Any rule or regulation is promulgated or adopted by the State Board of Pardons and Paroles regarding clemency considerations and actions; (4) Any rule or regulation is promulgated or adopted by the State Health Planning Agency; (5) Any rule or regulation is promulgated or adopted by the Department of Agriculture; (6) Any rules, regulations, standards, or procedures are adopted or promulgated by the Department of Natural Resources for the protection of the natural resources, environment, or vital areas of this state; or (7) The granting of a waiver or variance would be harmful to the public health, safety, or welfare. (i) All waivers granted pursuant to this Act shall be reported to the General Assembly within the first ten days of the next session. Such information shall contain the name, address and telephone number of the person or corporation obtaining such waiver; the name, address and telephone number of any representative or attorney who represented such person or corporation requesting the waiver; and a description of the waiver granted including a detail of the variance from any rule or regulation. SECTION 3. Said article is further amended in Code Section 50-13-10, relating to declaratory judgment or validity of rules, by striking subsections (a) and (b) and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) The validity of any rule, waiver, or variance may be determined in an action for declaratory judgment when it is alleged that the rule, waiver, or variance or its threatened application interferes with or impairs the legal rights of the petitioner. A declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule, waiver, or variance in question. (b) The agency shall be made a party to the action and a copy of the petition shall be served on the Attorney General. The action shall be brought in the Superior Court of Fulton County or in the superior court of the county of residence of the petitioner. When the petitioner is a corporation, the action may be brought in the Superior Court of Fulton County or in the superior court of the county where the petitioner

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maintains its principal place of doing business in this state. All actions for declaratory judgment, however, with respect to any rule, waiver, or variance of the Public Service Commission must be brought in the Superior Court of Fulton County. SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, 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 29, 1997. STATE GOVERNMENT STATE DEPOSITORY BOARD; MEMBERSHIP. Code Section 50-17-50 Amended. No. 469 (Senate Bill No. 119). AN ACT To amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to change the membership of the State Depository Board; 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 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, is amended by striking Code Section 50-17-50, relating to the creation and membership of the State Depository Board, and inserting in its place the following: 50-17-50. The State Depository Board, referred to in this article as the `board,' is created, consisting of Governor, the Commissioner of Insurance, the state auditor, the commissioner of banking and finance, the state revenue commissioner, the commissioner of transportation, and the director of the Office of Treasury and Fiscal Services, referred to in this article as the `director,' who shall act as administrative officer of the board. A majority of the board shall constitute a quorum, and the acts of the majority shall be the acts of the board. The board, in its discretion, may name and appoint, from time to time, as state depositories of state funds any bank or trust company which has its deposits insured by the

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Federal Deposit Insurance Corporation. The board may also name and appoint as state depositories of state funds any building and loan association or federal savings and loan association which has its deposits insured by the Savings Association Insurance Fund of the Federal Deposit Insurance Corporation or the Georgia Credit Union Deposit Corporation. The board is assigned to the Department of Administrative Services for administrative purposes only as prescribed in Code Section 50-4-3. SECTION 2. No member of the State Depository Board shall vote to name and appoint as state depositories of state funds any bank, trust company, building and loan association, federal savings and loan association, or the Georgia Credit Union Deposit Corporation in which the member is a stockholder, board member, or owner. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. CRIMINAL PROCEDUREMISDEMEANORS; MISDEMEANORS OF HIGH AND AGGRAVATED NATURE; PUNISHMENT FOR COMMISSION WITHIN CONFINES OF STATE CORRECTIONAL INSTITUTION. Code Sections 17-10-3 and 17-10-4 Amended. No. 470 (Senate Bill No. 258). AN ACT To amend Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for sentencing an inmate convicted of a misdemeanor or misdemeanor of a high and aggravated nature committed within the confines of a state correctional institution to confinement under the jurisdiction of the Department of Corrections; to remove a provision prohibiting modification of a sentence to place a county inmate under the jurisdiction of the Department of Corrections; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 10 of Title 17, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (a) of Code Section 17-10-3, relating to punishment for misdemeanors generally, and inserting in its place the following: (a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows: (1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both; (2) By confinement under the jurisdiction of the Board of Corrections in a state or county correctional institution or such other institution as the Department of Corrections may direct, for a determinate term of months which shall be more than six months but shall not exceed a total term of 12 months; or (3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. SECTION 2. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 17-10-4, relating to punishment for misdemeanors of a high and aggravated nature, and inserting in lieu thereof the following: (a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified

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in such a manner as to increase the amount of fine or the term of confinement. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, 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 29, 1997. PUBLIC OFFICERS AND EMPLOYEESGOVERNMENTAL REORGANIZATION AND TERMINATION FROM EMPLOYMENT REFORM; STATE PERSONNEL OVERSIGHT COMMISSION CREATED; INVOLUNTARY SEPARATION REGULATION. Code Title 45, Chapter 24 Enacted. No. 471 (Senate Bill No. 271). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for a short title; to provide for definitions; to create the State Personnel Oversight Commission and provide for its composition, appointment, organization, vacancies, assignment for administrative purposes, meeting facilities, and duties; to provide for members of such commission and their qualifications, terms, and allowances; to provide for records of such commission members; to prohibit certain personnel actions which result in involuntary separation from state employment without approval of such commission; to require state employers to notify the commission of proposed involuntary separations and provide for continued employment pending the completion of procedures to obtain positions of continued employment; to provide for conditions of continued employment and offers of such employment and consequences of failing to accept such offers; to provide for sanctions for failure to make certain responses; to provide standards for commission decisions; to provide for conditions for involuntary separtions and employer sanctions relating thereto; to limit certain governmental reorganizations and provide for employment transfers relating thereto and for failure to accept such transfers; to provide that certain reorganizations and terminations resulting therefrom are void; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by inserting at the end thereof a new chapter to read as follows: CHAPTER 24 45-24-1. This chapter shall be known and may be cited as the `Governmental Reorganization and Termination from Employment Reform Act of 1997.' 45-24-2. As used in this chapter, the term: (1) `Commission' means the State Personnel Oversight Commission. (2) `Employer' means an employing unit within the government of the State of Georgia, including every department, commission, board, bureau, agency, branch of government, or any other employing unit by whatever name called, which has the authority and power to appoint, employ, release, separate, or fail to reappoint public officers or employees. (3) `Involuntary separation' means the release or separation from state service of an officer or employee who is entitled to coverage under the involuntary separation retirement benefits provisions of Code Section 47-2-123. (4) `State department' means a unit of state government which is a budget unit in the General Appropriations Act. 45-24-3. (a) There is created the State Personnel Oversight Commission to be composed of three members appointed by the President of the Senate, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Governor. The Governor shall appoint one of the Governor's appointees as chairperson. Five members of the commission shall constitute a quorum for the transaction of business. None of the members shall be officers or employees of the state. The President of the Senate shall designate one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of three years, and one of such officer's initial appointees to serve an initial term of five years. The Speaker of the House of Representatives shall appoint one of such officer's initial appointees to serve an initial term of two years, one of such officer's initial appointees to serve an initial term of four years,

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and one of such officer's initial appointees to serve an initial term of five years. The Governor shall appoint one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of two years, and one of such officer's initial appointees to serve an initial term of three years. After the expiration of such initial terms of office, successors to members of the commission whose initial terms of office expire and all future successors to members of the commission whose terms of office expire shall be appointed by the person occupying the office which made the original appointment and shall serve for a term of five years and until the appointment and qualification of their respective successors. Vacancies on the commission, except those caused by expiration of term, shall be filled by the appointment of a replacement member by the person occupying the office which made the appointment to the membership position on the commission which became vacant, and the person so appointed shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor. (b) The members of the commission shall serve without compensation but shall receive the allowances authorized for legislative members of interim legislative committees. The Governor's office shall maintain the names and addresses of the members of the commission as a matter of public record. The Georgia Building Authority shall make available to the commission such meeting facilities as the chairperson may request. The commission shall be assigned to the Employees' Retirement System of Georgia for administrative purposes only, as defined in Code Section 50-4-3. 45-24-4. From and after July 1, 1997, no employer shall cause the involuntary separation of a state officer or employee without the prior approval of the commission. An employer may proceed with a reorganization which might result in such involuntary separation without prior approval of the commission upon compliance with Code Section 45-24-8. 45-24-5. An employer contemplating the involuntary separation from state service of an officer or employee shall notify the chairperson of the commission at least 90 but not more than 120 days prior to the proposed date of the separation. Pending the completion of such procedures, the employee or officer proposed for termination shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and shall include the following information: (1) The name and current annual compensation of the officer or employee proposed for involuntary separation;

Page 1531

(2) The age, length of service, current job description, and summary of the work experience of the officer or employee proposed for involuntary separation; (3) The educational qualificatoins of the officer or employee proposed for involuntary separation; and (4) An explanation of the reasons for the proposed involunatary separation of the officer or employee. 45-24-6. (a) The commission shall provide written notice of each contemplated involuntary separation to each chief executive officer of each state department, which notice shall contain the information required in the notice to the commission under Code Section 45-24-5 and be provided at least 60 days prior to the effective date of the contemplated involuntary separation. Within 21 days after such notice is sent by first-class mail, each such department chief executive officer shall provide a written response to the commission regarding whether or not such department has available any position of continued employment for that official or employee proposed for termination from employment which may meet the requirements of paragraphs (1) through (3) of subsection (a) of Code Section 45-24-8. A failure of a department chief executive officer to provide a written response in accordance with the provisions of this subsection shall result in that chief executive officer's department becoming ineligible to have any increase in the number of employees in such department for the next two fiscal years, shall authorize the commission to require that chief executive officer to appear and testify before any meeting of the commission scheduled in accordance with subsection (c) of this Code section, and shall also authorize the commission to obtain a writ of mandamus against such chief executive officer to compel the performance of any duties imposed by this subsection upon such officer. (b) If any response provided under subsection (a) of this Code section shows the availability of continued employment, the commission shall meet within 14 days after the response deadline to determine whether the continued employment indicated in any response meets the requirements of paragraphs (1) through (3) of subsection (a) of Code Section 45-24-8. If the commission determines such response meets those requirements, it shall offer continued employment in that position to the officer or employee on whose behalf the response was obtained; otherwise, the commission shall proceed as provided in subsection (c) of this Code section. Any official or employee who is thus offered a position of continued employment shall be deemed to have resigned from service at his or her own choice upon that person's failure to accept the position of continued employment, and no such official or employee so resigning from service shall qualify for retirement benefits based upon involuntary separation from employment without prejudice.

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(c) If none of the responses obtained from department chief executives under subsection (a) of this Code section shows availability of continued employment meeting the requirements of paragraphs (1) through (3) of subsectio (a) of Code Section 45-24-8, the commission chairperson shall schedule a meeting of the commission to review the release or separation. Five members of the commission shall be a quorum. At the meeting, the employer shall have the burden of convincing the commission that the involuntary separation is necessary, justified, and in the best interests of the state. The commission may request as much information and may meet as many times on each case as it deems necessary to reach an informed decision. No action shall be taken on the separation of the officer of employee until the commission makes a final determination as to whether the separation is necessary, justified, and in the best interests of the state. 45-24-7. If the commission by majority vote of those members present approves the involuntary separation, the employer is authorized, but not required, to proceed with the separation. If the employer proceeds with such separation, the employer shall not be eligible to have any increase in the number of employees in that employing unit for the next two fiscal years. If the commission rejects the involuntary separation, the employee shall not be separated, shall continue to be employed and compensated by the employer, and shall not be the subject of a proposed involuntary separation more than once every two years. As used in this subsection, the term `number of employees' means the total number of employees immediately prior to the involuntary separation, not counting any employee to be involuntarily separated. 45-24-8. (a) No employer shall institute a reorganization of that employer or any component thereof if the reorganization will result in the involuntary separation of any official or employee thereof who is eligible for involuntary separation unless, prior to that reorganization becoming effective, that employer effects a transfer of each such official or employee to another component of the employer not subject to such reorganization or obtains a transfer of each such official or employee to another employer, which transfer shall meet the following requirements: (1) The annual compensation for the new employment position is the same or greater than the current annual compensation of the official or employee being transferred; (2) The duties and responsibilities for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or employee being transferred and the availability of an unclassified position for a person in a classified position shall be deemed a comparable position if the duties, responsibilities,

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and compensation of the unclassified position are otherwise comparable to the classified position; and (3) The position is one which includes the holder thereof as a member of the Employees' Retirement System of Georgia. (b) An official or employee transferred to an employer pursuant to this Code section shall be deemed to have resigned from service at his or her own choice upon the failure of such person to accept the transfer and shall therefor not qualify for retirement benefits based upon involuntary separation from employment without prejudice. (c) A reorganization by an employer in violation of this Code section is void, and no official or employee shall be separated from employment as a result of such void reorganization, whether or not that person is eligible for involuntary separation. 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. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. PROFESSIONS AND BUSINESSES CHIROPRACTORS; ADJUSTMENT; AUTHORIZED ADMINISTRATION. Code Section 43-9-1 Amended. No. 472 (Senate Bill No. 278). AN ACT To amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change the provisions relating to definitions; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, is amended by striking paragraph (2) of Code Section 43-9-1, relating to definitions, and inserting in its place the following: (2) `Chiropractic' means the adjustment of the articulation of the human body, including ilium, sacrum, and coccyx, and the use of electric X-ray photography, provided that the X-ray shall not be used for therapeutical purposes. The term `chiropractic' shall also mean that separate and distinct branch of the healing arts whose science and art utilize the inherent recuperative powers of the body and the relationship between the musculoskeletal structures and functions of the body, particularly of the spinal column and the nervous system, in the restoration and maintenance of health. Chiropractic is a learned profession which teaches that the relationship between structure and function in the human body is a significant health factor and that such relationships between the spinal column and the nervous system are most significant, since the normal transmission and expression of nerve energy are essential to the restoration and maintenance of health. However, the term `chiropractic' shall not include the use of drugs or surgery. The adjustment referred to in this paragraph and subsection (b) of Code Section 43-9-16 may only be administered by a doctor of chiropractic authorized to do so by the provisions of this chapter; provided, however, that the provisions of this Code section shall not prevent any other health care provider from administering techniques authorized within their scope of practice. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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PUBLIC OFFICERS AND EMPLOYEES STATE PROGRAMS AND FUNCTIONS; EVALUATIONS REQUESTED BY BUDGETARY RESPONSIBILITY OVERSIGHT COMMITTEE; PROGRAM EVALUATION REPORTS; VERIFICATION OF IMPLEMENTATION OF STATE DEPARTMENTS' PLANS. Code Section 45-12-178 Amended. No. 473 (Senate Bill No. 297). AN ACT To amend Code Section 45-12-178 of the Official Code of Georgia Annotated, relating to the ongoing review of state programs and functions, so as to change the provisions relating to listing such programs and when certain reports are due; to provide for duties of the research office of the Budgetary Responsibility Oversight Committee; 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 45-12-178 of the Official Code of Georgia Annotated, relating to the ongoing review of state programs and functions, is amended by striking subsections (b) and (d) thereof and inserting in their respective places new subsections to read as follows: (b) The chairperson of the Budgetary Responsibility Oversight Committee shall maintain a list of those programs for which the committee is requesting evaluations. The chairperson shall provide the list, and any subsequent revisions to the list, to the director of the Governor's Office of Planning and Budget and to the state auditor. (d) The Office of Planning and Budget, the Department of Audits and Accounts, and the Research Office of the Budgetary Responsibility Oversight Committee shall report to the Budgetary Responsibility Oversight Committee on the results of program evaluations as such evaluations are completed. Such reports shall include: (1) Appropriate background information on the affected program, including how and why it was initiated, its functions, what group it serves, how it is organized structurally and geographically, what is its staff size and composition, and what is its workload; (2) Financial information including the source and amounts of funding and unit costs, where applicable; (3) A description of the program's mission, goals, and objectives and an assessment of the extent to which the program has performed in comparison;

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(4) Comparisons with other applicable public and private entities as to their experiences, service levels, costs, and staff resources required; (5) Recommendations concerning the program, including whether it should be continued as it is currently operated, continued with identified steps to remediate deficiencies or institute improvements, or discontinued. Consideration should also be given to possible privatization or consolidation with other similar programs; (6) Information describing the locations at which the program is operated and administered and the extent to which the operation and administration could be decentralized; and (7) Such other information as is identified as appropriate. SECTION 2. Said Code section is further amended by adding at the end a new subsection to read as follows: (g) The Research Office of the Budgetary Responsibility Oversight Committee shall verify with state departments the implementation of the departments' plans set forth in their 90 day responses as submitted in accordance with subsection (f) of this Code section. The Research Office shall inform the Budgetary Responsibility Oversight Committee about each department's progress at reasonable intervals. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997. COURTS GEORGIA COUNCIL OF COURT ADMINISTRATORS; CREATED. Code Section 15-5-100 Enacted. No. 474 (Senate Bill No. 306). AN ACT To amend Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, so as to create the Georgia Council of Court Administrators; to provide for the membership, powers, and duties of the council; to provide for funding of the council; to provide for the status of the council; to provide for other matters relating to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 15 of the Official Code of Georgia Annotated, relating to administration of courts of record generally, is amended by adding at the end thereof a new Article 7 to read as follows: ARTICLE 7 15-5-100. (a) There is created a council of court administrators to be known as the `Georgia Council of Court Administrators.' The council shall be composed of the full-time court administrators and managers of all courts within this state. The council is authorized to organize itself and to develop a constitution and bylaws. The council is authorized to elect such officers, including an executive committee, as it shall deem advisable to carry out its duties and responsibilities. The council is authorized to appoint advisory committees and establish the membership and duties thereof. In addition to the full-time members of the council, the council is authorized to provide for special classes of nonvoting memberships for honorary members, students and teachers of court administration, and those persons who have retired from positions involving the administration and management of courts. (b) It shall be the purpose of the council to effectuate the responsibilities conferred upon it by law, to further the improvement of the courts and the administration of justice, to assist the court administrators and managers throughout the state in the execution of their duties, and to promote and assist in the training of court administrators, managers, and support personnel. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. (d) The Georgia Council of Court Administrators shall be a legal entity and an agency of the State of Georgia; shall have perpetual existence; may contract; may own property; may accept funds, grants, and gifts from any public or private source for use in defraying the expenses of the council; may adopt and use an official seal; may establish a principal office; may employ such administrative or clerical personnel as may be necessary and appropriate to fulfill its necessary duties; and shall have other powers, privileges, and duties as may be reasonable and necessary for the proper fulfillment of its purposes and duties.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on the first day of July following the approval of this Act by the Governor or its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repelaed. Approved April 29, 1997. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS' AFFAIRS PUBLIC OFFICERS AND EMPLOYEES ON ORDERED MILITARY LEAVE; SALARY PAYMENT. Code Section 38-2-279 Amended. No. 475 (Senate Bill No. 335). AN ACT To amend Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertaining to military personnel, so as to provide that a public employee will be paid his or her salary for 18 days of ordered military leave each federal fiscal year; to make conforming changes; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 4 of Article 3 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the rights, privileges, and prohibitions pertaining to military personnel, is amended by striking Code Section 38-2-279, relating to rights of public officers and employees absent on military duty, and inserting in lieu thereof a new Code section to read as follows: 38-2-279. (a) Definitions. As used in this Code section, the term: (1) `Ordered military duty' means: (A) Any military duty performed in the service of the state or of the United States including but not limited to attendance at any service school or schools conducted by the armed forces of the United States by a public officer or employee as a voluntary member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States pursuant to

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orders issued by competent state and federal authority without the consent of such public officer or employee. (B) (i) Except as provided in division (ii), such duty, performed for a period or periods not exceeding a total of 30 days in any one federal fiscal year, shall be deemed ordered military duty regardless of whether the orders are or may be issued with the consent of the public officer or employee. (ii) If such duty exceeds a total of 30 days in the calendar year 1997 but does not exceed a total of 30 days in the federal fiscal year beginning on October 1, 1997, and ending on September 30, 1998, it shall be deemed `ordered military duty' regardless of whether the orders are or may be issued with the consent of the public officer or employee. (2) `Public officer or employee' means every person, by whatever title, description, or designation known, who receives any pay, salary, or compensation of any kind from the state, a county, municipal corporation, or any other political subdivision or who is in any department of the state, but shall not include persons employed by the state, a county, municipal corporation, or any other political subdivision on a temporary basis. (b) Leave of absence while engaged in performance of ordered military duty. Every public officer or employee shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from duties or service as a public officer or employee while engaged in the performance of ordered military duty and while going to and returning from such duty. (c) Leave of absence while attending service schools. Every public officer or employee who is or becomes a voluntary member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States shall be entitled to absent himself or herself and shall be deemed to have a leave of absence from duties or service as a public officer or employee while in attendance as a member of such force or reserve component at any service school or schools conducted by the armed forces of the United States for a period or periods up to and including six months and while going to and returning from the school or schools, notwithstanding that orders for such attendance are or may be issued with the consent of the public officer or employee. However, no public officer or employee shall be entitled to absent himself or herself in excess of a total of six months during any four-year period. (d) Employment rights. Time during which a public officer or employee is absent pursuant to subsections (b) and (c) of this Code section shall not constitute an interruption of continuous employment and, notwithstanding any general, special, or local law or any city charter, no such

Page 1540

officer or employee shall be subjected directly or indirectly to any loss or diminution of time, service, increment, vacation, holiday privileges, or any other right or privilege by reason of such absence or be prejudiced with reference to continuance in office or employment, reappointment to office, reemployment, reinstatement, transfer, or promotion by reason of such absence. (e) Pay for 18 days; emergency pay. (1) Except as provided in paragraph (2), every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee for any and all periods of absence while engaged in the performance of ordered military duty and while going to and returning from such duty, not exceeding a total of 18 days in any one federal fiscal year and not exceeding 18 days in any one continuous period of absence. In the event the Governor declares an emergency and orders any public officer or employee to state active duty as a member of the National Guard, any such officer or employee, while performing such duty, shall be paid his or her salary or other compensation as a public officer or employee for a period not exceeding 30 days in any one federal fiscal year and not exceeding 30 days in any one continuous period of such state active duty service. (2) If such periods of absence exceed a total of 18 days or, in the event the Governor declares an emergency, 30 days for the calendar year 1997 but does not exceed such limits for the federal fiscal year beginning October 1, 1997, and ending September 30, 1998, every public officer or employee shall be paid his or her salary or other compensation as such public officer or employee as if the absence was 18 or 30 days or less, as the case may be, as specified in paragraph (1) of this subsection. (f). Rights and contributions under retirement systems. (1) The amount of required contributions to any pension or retirement system of which a public officer or employee, absent while engaged in the performance of ordered military duty, is a member shall be deducted from the salary or other compensation paid to such public officer or employee as a public officer or employee as provided in this Code section. If the required contributions exceed the amount of such salary or other compensation to which a public officer or employee is entitled while engaged in the performance of military duty, the amount of the salary or other compensation shall be applied upon the required contributions; and the public officer or employee shall have the right to pay to the pension or retirement system the amount by which the contributions exceed the salary or other compensation. The public officer or employee shall also have the right to pay to the system, for any period of such absence during which he or she shall receive no salary or other compensation as a public officer

Page 1541

or employee, the amount that he or she would have contributed to the system if he or she had been present and continuously engaged in the performance of the duties of his or her position during such period. (2) Payments made pursuant to paragraph (1) of this subsection, other than those deducted from his or her salary or other compensation as an officer or employee, may be paid from time to time at any time while engaged in ordered military duty or within five years after the date of termination of the ordered military duty or, in the event of the death of the public officer or employee while engaged in ordered military duty, the payments or any part thereof may be made by the named beneficiary or the legal representative of the public officer's or employee's estate within one year following proof of such death. (3) To the extent that contributions made pursuant to paragraphs (1) and (2) of this subsection are paid, the period of absence while engaged in the performance of ordered military duty shall be counted in determining the length of total service under the pension or retirement system. (4) While engaged in the performance of ordered military duty, any such public officer or employee or his or her beneeficiary, as the case may be, shall be eentitled to all the benefits of the pension or retirement system of which such public officer or employee is a member, except accidental disability retirement and accidental death benefit. (g) Exception as to draftees, etc. This Code section shall not apply to: (1) Any public officer or employee who was or is involuntarily transferred, assigned, drafted, or inducted to or into any of the forces of the organized militia or any of the reserve forces or reserve components of the armed forces of the United States; or (2) Any public officer or employee who was or is inducted into the armed forces of the United States, but not as a member of any force of the organized militia or of any reserve force or reserve component of the armed forces of the United States. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved April 29, 1997.

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STATE GOVERNMENT STATE EMPLOYEES DISPLACED BY PRIVATIZATION; JOB TRAINING AND RETRAINING; CONTINUED EMPLOYMENT FEASIBILITY STUDIES. Code Section 50-4-5 Enacted. No. 476 (Senate Bill No. 262). AN ACT To amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, so as to provide for job training and retraining programs for the benefit of state employees displaced by privatization of operations of state institutions; to provide for a feasibility study; to provide for implementation of an employee assistance program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch of state government, is amended by adding at the end thereof a new Code Section 50-4-5 to read as follows: 50-4-5. (a) As used in this Code section, the term institution means any physical facility operated by the executive branch of state government which is used in the delivery of any governmental services and which has an annual operating budget in excess of $1 million. (b) No contract between a state agency and a private provider or vendor for the operation of all or part of an institution under the control of the agency shall be entered into unless it is preceded by a feasibility study which makes the following findings: (1) That the state employees who are employed in the operation of the institution prior to the transfer of operation to the private provider or vendor will have a reasonable opportunity to apply for continued employment either with the state or with the private provider or vendor; or (2) That any state employees who are displaced or discharged from employment as a result of the transfer of operation to the private provider or vendor will be eligible for participation in an employment assistance program to be implemented by the state and coordinated by the Department of Labor and which shall be designed to assist such persons in securing other employment. The program shall include such educational programs, vocational skills programs, apprenticeship training programs, on-the-job training programs, job search and job

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development programs, and other occupational training or retraining programs as are determined by the Department of Labor to best promote the goals of employability and employment of such persons. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. DOMESTIC RELATIONS FAMILY VIOLENCE; NONRESIDENT RESPONDENTS; DISCLOSURE OF FAMILY VIOLENCE SHELTER LOCATION; STATE COMMISSION ON FAMILY VIOLENCE. Code Sections 19-13-2 and 19-13-31 Amended. Code Section 19-13-23 Enacted. No. 477 (Senate Bill No. 171). AN ACT To amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for jurisdiction and venue for petitions involving nonresidents in certain circumstances; to provide that it is unlawful knowingly to disclose the location of a family violence shelter; to provide a penalty; to provide for exceptions; to provide for attachment of the State Commission on Family Violence to the Administrative Office of the Courts for administrative purposes only; 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 19 of the Official Code of Georgia Annotated, relating to family violence, is amended by striking in its entirety Code Section 19-13-2, relating to jurisdiction of the superior court, and inserting in lieu thereof the following: 19-13-2. (a) Except for proceedings involving a nonresident respondent, the superior court of the county where the respondent resides shall have jurisdiction over all proceedings under this article. (b) For proceedings under this article involving a nonresident respondent, the superior court where the petitioner resides or the superior

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court wher an act involving family violence allegedly occurred shall have jurisdiction, where the act involving family violence meets the elements for personal jurisdiction provided for under paragraph (2) or (3) of Code Section 9-10-91. SECTION 2. Said chapter is further amended by inserting a new Code section to be designated as Code Section 19-13-23, to read as follows: 19-13-23. (a) Any person who knowingly publishes, disseminates, or otherwise discloses the location of a family violence shelter is guilty of a misde-meanor. (b) This Code section shall not apply to: (1) Confidential communications between a client and his or her attorney; or (2) Instances when such publication, dissemination, or disclosure is authorized by the director of the shelter. SECTION 3. Said chapter is further amended by striking in its entirety Code Section 19-13-31, relating to the creation of the State Commission on Family Violence, and inserting in lieu thereof the following: 19-13-31. There is created a State Commission on Family Violence which shall be responsible for developing a comprehensive state plan for ending family violence. This plan shall include the initiation, coordination, and oversight of the implementation of family violence laws and the establishment in each judicial circuit of a Community Task Force on Family Violence. These task forces shall be supported by and work in collaboration with the state commission. The commission shall be assigned for administrative purposes only, as set out in Code Section 50-4-3, to the Administrative Office of the Courts. SECTION 4. Notwithstanding the provisions of Code Section 1-3-4.1, 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 May 1, 1997.

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PROFESSIONS AND BUSINESSES PUBLIC ACCOUNTANCY; CERTIFIED PUBLIC ACCOUNTANTS; FIRMS OF PUBLIC ACCOUNTANTS. Code Title 43, Chapter 3 Amended. No. 478 (House Bill No. 374). AN ACT To amend Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the Public Accountancy Act of 1977, so as to change the provisions relating to registration requirements for firms of public accountants or certified public accountants; to provide that neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 shall be considered to be a contested case within the meaning of Chapter 13 of Title 50, the Georgia Administrative Procedure Act; to provide that an applicant for registration shall be allowed to appear before the State Board of Accountancy if he or she requests; to change the provisions relating to renewal of registration; to require satisfactory completion of a board approved peer review program within the 36 months preceding the date of a firm's registration expiration; to provide that such requirement may be waived or modified under certain conditions; to require certain information to be reported when an accounting firm has not issued the required audit, review, or compilation report; to repeal certain provisions relating to renewal of registration; to repeal certain provisions relating to rules and regulations for reviewing applications for renewal of registration and exemptions from renewal of registration; to change the provisions relating to the issuance of permits to practice accountancy; to change the provisions relating to the suspension or refusal to renew a certificate, registration, or permit; to provide under certain circumstances for immunity from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant relative to alleged violations of law; to provide under certain circumstances for immunity from civil and criminal liability for testimony or recommendations to the State Board of Accountancy in the nature of peer review; to change the provisions relating to the revocation, suspension, or refusal to renew a firm registration or permit; to change certain provisions relating to the use of titles or devices and false or fraudulent claims; to change the provisions relating to confidentiality of communications to accountants and disclosure of information; to authorize the disclosure by a certified public accountant, public accountant, or an employee thereof, of certain data in connection with ethics reviews; to provide that certain proceedings of and data obtained by a peer review committee or the State Board of Accountancy shall be immune from discovery or use as evidence in certain civil actions; to provide for certain immunity with respect to persons in attendance at such peer review committee or board proceedings; to provide exceptions with respect to immunity granted in connection with such proceedings and data obtained therefrom; to change certain designations and references; to provide for effective dates; to repeal conflicting laws; and for other purposes.

Page 1546

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 3 of Title 43 of the Official Code of Georgia Annotated, known as the Public Accountancy Act of 1977, is amended by adding at the end of Code Section 43-3-21, relating to registration requirements for firms of public accountants or certified public accountants, new subsections (c), (d), and (e) to read as follows: (c) Each firm which practices public accountancy in this state shall be registered biennially under this chapter with the board, provided that any firm which opens between biennial reporting periods shall register with the board within 60 days after it opens. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration and the information which must be provided regarding the firm and its practice. (d) A firm shall file written notice to the board, within 60 days after the occurrence of the opening of a new office or the closing or change of address of any of its offices. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. (e) Neither the denial of a firm registration under this Code section nor the denial of the renewal of a firm registration under Code Section 43-3-23 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 13 of Title 50 shall not be required, but the applicant shall be allowed to appear before the board if he or she requests. SECTION 2. Said chapter is further amended by striking in its entirety Code Section 43-3-23, relating to the registration of offices and resident managers, which reads as follows: 43-3-23. Each office established or maintained for practice in this state by a certified public accountant or a firm of certified public accountants, by a public accountant or a firm of public accountants, or by one registered under Code Section 43-3-20 shall be registered biennially under this chapter with the board, provided that any such office opened between biennial reporting periods shall register with the board within 60 days

Page 1547

after it is opened. Each such office shall be under the supervision of a resident manager who may be either a partner, principal, shareholder, member, or a staff employee holding a live permit. The board, by regulation, shall prescribe the procedure to be followed in effecting such registration. SECTION 3. Said chapter is further amended by striking Code Section 43-3-23.1, relating to renewal of registration, and inserting in lieu thereof the following: 43-3-23. (a) In each renewal year, each firm registered in the state pursuant to Code Section 43-3-21 which has issued an audit, review, or compilation report within the 24 months preceding the date of expiration of the firm's registration must submit, with the application for renewal, evidence of satisfactory completion of a board approved peer review program within the 36 months preceding the date of such firm's registration expiration. Satisfactory completion shall mean that the firm has undergone the entire peer review process and that the report of the peer review indicates that the firm maintains acceptable standards of competence and integrity in the practice of public accountancy. Firms which have not issued an audit, review, or compilation report within the 24 months preceding the date of the firm's registration expiration must submit written confirmation of such fact with the application for the firm's registration renewal. The board may waive or modify the requirements of this subsection in cases of hardship or other such circumstances which the board deems appropriate. The provisions of this subsection shall not apply to the practice of an enrolled agent before the federal Internal Revenue Service or the Department of Revenue if the enrolled agent is not otherwise engaged in the practice of public accounting in this state. (b) No firm shall be registered in the state which shall have failed to comply with the provisions of this Code section and all applicable requirements of law and rules promulgated by the board. (c) This Code section shall be construed to apply only to firms required to be registered under this chapter. Nothing contained in this Code section shall prohibit any person from operating under the provisions of subsection (b) of Code Section 43-3-36. SECTION 4. Said chapter is further amended by striking in their entirety Code Sections 43-3-23.2 and 43-3-23.3, relating respectively to rules and regulations for reviewing applications for renewal of registration and exemptions from renewal of registration, which read as follows:

Page 1548

43-3-23.2. (a) The board shall issue rules and regulations providing for procedures for reviewing the reports and documentation submitted pursuant to Code Section 43-3-23.1, and the criteria for review and evaluation of such reports and documentation, and evaluation of the findings following such review. (b) The board shall, as it deems necessary, appoint a committee which shall be chaired by a member of the board to assist the board in implementation and administration of the provisions of this Code section. (c) If, after review of a report or other related documentation, the board finds that the report conforms to appropriate standards, the board shall issue a letter to the resident manager of the office which issued the report, stating the board's findings. (d) If, after review of a report or other documentation, the board finds that the report generally conforms with appropriate standards but is deficient in certain respects which, while not material, are not of such a nature as to render the report substandard, then the board shall issue a letter to the resident manager of the office issuing the report indicating those areas in which the reviewer has perceived deficiencies in compliance with appropriate standards. (e) If the board, after review of a report or other documentation, determines that a report is substandard or seriously questionable with respect to compliance with appropriate accounting and auditing standards, then the board shall have the authority to review the work papers related to such report. (f) In the event that the board, after review of a report and the related work papers, determines that a report is substandard or seriously questionable with respect to conformity with appropriate standards, the board may enter an order requiring any one or a combination of the following as it deems appropriate: (1) Requiring appropriate corrective action for deficiencies described in a letter of comment from the board to the resident manager of the office which issued the report; (2) Requiring the licensee or licensees responsible for issuance of the report or substantial participation in the preparation of the report to complete specific continuing education, at the expense of the licensee or licensees, which will be in addition to any mandatory continuing professional education otherwise required by the board; (3) Requiring the office to submit to a preissuance review prior to issuance of any future reports in one or more categories, in the

Page 1549

manner and for a duration as prescribed by the board and by a reviewer selected by the board, at the office's expense; or (4) Requiring the office to submit to a peer review of the office's accounting and auditing practices upon such terms and conditions as shall be determined by the board, the cost of such to be borne by the office. (g) The provisions of this Code section notwithstanding, if the board determines, based upon information and belief, that the actions committed or omitted by any licensee or office submitting a report and work papers are so egregious as to so warrant, the board may institute an investigation for the purpose of determining whether the taking of disciplinary action as provided in Code Section 43-3-28 is warranted. 43-3-23.3. The board may, pursuant to rules and regulations, exempt an office from some or all of the requirements of Code Sections 43-3-23.1 and 43-3-23.2 if the board determines that such office has participated in a program which the board deems to be, at a minimum, substantially equivalent to the board's program of review of reports pursuant to Code Sections 43-3-23.1 and 43-3-23.2; and the report of such review indicates that the office maintains acceptable standards of competence and integrity in the practice of public accountancy. SECTION 5. Said chapter is further amended by striking subsection (a) of Code Section 43-3-24, relating to the issuance of permits to practice accountancy, and inserting in lieu thereof a new subsection (a) to read as follows: (a) A permit to engage in the practice of public accountancy in this state shall be issued by the joint-secretary, at the direction of the board, to each person who is certificated as a certified public accountant under Code Sections 43-3-6 through 43-3-12, registered as a public accountant under Code Sections 43-3-13 through 43-3-19, or registered as a foreign accountant under Code Section 43-3-20 who shall have furnished evidence, satisfactory to the board, of compliance with the requirements of Code Section 43-3-25, and to individuals and firms registered under Code Section 43-3-21, provided that such entities are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. There shall be a biennial permit fee in an amount to be determined by the board. SECTION 6. Said chapter is further amended by striking Code Section 43-3-28, relating to the revocation, suspension, or refusal to renew a certificate, registration, or permit, and inserting in lieu thereof a new Code Section 43-3-28 to read as follows:

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43-3-28. (a) After notice and hearing as provided in Code Section 43-3-30, the board may revoke or suspend any certification issued under Code Sections 43-3-6 through 43-3-12 or a registration issued under Code Sections 43-3-13 through 43-3-19 or under Code Section 43-3-20 or may revoke, suspend, or refuse to renew any live permit or may censure the holder of any such permit for any cause which the board may deem sufficient, including, without limiting the generality of the foregoing, any one or any combination of the following causes: (1) Violation of any rule, regulation, or order promulgated by the board in accordance with this chapter; (2) Fraud or deceit in obtaining certification as a certified public accountant or registration as a public accountant, in obtaining registration under this chapter, or in obtaining a live permit; (3) Violation of any of the provisions of Code Section 43-3-35 or any other Code section of this chapter; (4) Dishonesty, fraud, or gross negligence in the practice of public accountancy; (5) Commission of a felony under the laws of any state or of the United States; (6) Commission of any crime, an element of which is dishonesty or fraud, under the laws of any state or of the United States; (7) Cancellation, revocation, suspension, or refusal to renew authority to practice as a certified public accountant or as a public accountant by any other state for any cause other than voluntary withdrawal or failure to pay an annual registration fee in such other state; (8) Suspension or revocation of the right to practice before any state or federal agency; (9) Failure to furnish evidence of satisfaction of requirements of continuing professional education as required by the board pursuant to Code Section 43-3-25 or to meet any conditions with respect to continuing professional education which the board may have ordered under that Code section; (10) Conduct which discredits the accounting profession; or (11) Failure of such holder's firm to register or renew its registration under Code Sections 43-3-21 and 43-3-23 or the failure of such firm to comply with any of the provisions of Code Section 43-3-23. (b) A person, firm, corporation, association, authority, or other entity shall be immune from civil and criminal liability for reporting or investigating the acts or omissions of a licensee or applicant which violate

Page 1551

the provision of subsection (a) of this Code section or any other provision of law relating to a licensee's or applicant's fitness to practice public accounting or for initiating or conducting proceedings against such licensee or applicant, if such report is made or action is taken in good faith, without fraud or malice. Any person who testifies or who makes a recommendation to the board in the nature of peer review, in good faith, without fraud, or malice, before the board in any proceeding involving the provisions of subsection (a) of this Code section or any other law relating to a licensee's or applicant's fitness to practice public accounting shall be immune from civil and criminal liability for so testifying. SECTION 7. Said chapter is further amended by striking paragraph (3) of subsection (b) of Code Section 43-3-29, relating to the revocation, suspension, or refusal to renew a firm registration or permit, and inserting in lieu thereof a new paragraph (3) to read as follows: (3) The failure of such firm to register or renew its registration under Code Section 43-3-21 or the failure of such firm to comply with any of the provision of Code Section 43-3-23. SECTION 8. Said chapter is further amended by striking paragraphs (3) and (4) of subsection (b) of Code Section 43-3-32, relating to ownership of accountant's working papers and confidentiality of communications, and inserting in lieu thereof new paragraphs (3) and (4) to read as follows: (3) Disclosing any data to other certified public accountants, public accountants, or employees thereof in connection with practice reviews and ethics reviews sponsored by professional groups, the purpose of which reviews is to survey such accountant's business practices, audits, and work papers or to review ethical considerations concerning such accountant; or (4) Disclosing any data pertaining to an application, investigation by the board, or hearing on its behalf, so long as such data shall be received by the board in camera and shall not be disclosed to the public; and provided, further, that no disclosure provided for in this paragraph shall constitute a waiver of the privilege established in this subsection. SECTION 9. Said chapter is further amended by striking Code Section 43-3-34, relating to the holding of oneself out to be a licensed certified public accountant or public accountant, and inserting in lieu thereof a new Code Section 43-3-34 to read as follows:

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43-3-34. The display or uttering by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or device bearing a person's name in conjunction with the words `certified public accountant' or any abbreviation thereof, or `public accountant' or any abbreviation thereof shall be prima-facie evidence in any action brought under Code Section 43-3-33 or 43-3-38 that the person whose name is so displayed caused or procured the display or uttering of such card, sign, advertisement, or other printed, engraved, or written instrument or device and that such person is holding himself or herself out to be a certified public accountant or a public accountant holding a live permit. In any such action, evidence of the commission of a single act prohibited by this chapter shall be sufficient to justify an injunction or a conviction without evidence of a general course of conduct. SECTION 10. Said chapter is further amended by striking Code Section 43-3-35, relating to the use of titles or devices and false or fraudulent claims, and inserting in lieu thereof a new Code Section 43-3-35 to read as follows: 43-3-35. (a) No individual shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such individual is a certified public accountant unless such individual has received a certificate as a certified public accountant under this chapter, holds a live permit, and all of such individual's offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23, provided that a foreign accountant who has registered under Code Section 43-3-20 and who holds a live permit may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree. (b) No firm or any other person or entity shall assume or use the title or designation `certified public accountant' or the abbreviation `C.P.A.' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm, person, or entity is composed of certified public accountants unless such firm, person, or entity is registered as a firm of certified public accountants under Code Section 43-3-21, holds a live permit, and all offices of such firm in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. (c) No individual shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation,

Page 1553

sign, card, or device tending to indicate that such individual is a public accountant unless such individual has been registered as a public accountant under this chapter, holds a live permit, and all of such person's offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 or unless such person is entitled to use the designation `certified public accountant' under subsection (a) of this Code section and holds a live permit, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with the provisions of Chapter 10 of Title 14, `The Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia Limited Liability Company Act.' (d) No firm or any other person or entity shall assume or use the title or designation `public accountant' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that such firm or other person or entity is composed of public accountants unless such firm or other person or entity is registered as a firm of public accountants under Code Section 43-3-21, holds a live permit, and all offices of such firm or other person or entity in this state for the practive of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23, provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with Chapter 10 of Title 14, `The Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia Limited Liability Company Act.' (e) No individual, firm, or any other person or entity shall assume or use: (1) any title or designation likely to be confused with `certified public accountant' or `public accountant,' including, without limiting the generality of the foregoing, `certified accountant,' `enrolled accountant,' `licensed accountant,' `licensed public accountant,' or `registered accountant'; or (2) any abbreviation likely to be confused with `C.P.A.' or `P.A.,' including, without limiting the generality of the foregoing, `C.A.,' `E.A.,' `R.A.,' `L.A.,' or `L.P.A.,' provided that nothing in this subsection shall be construed to prohibit the use of the abbreviation `P.A.' in accordance with Chapter 10 of Title 14, `The Georgia Professional Association Act,' or Chapter 7 of Title 14, the `Georgia Professional Corporation Act,' or any abbreviation authorized by Chapter 11 of Title 14, the `Georgia LImited Liability Company Act'; and, provided, further, that a foreign accountant registered under Code Section 43-3-20 who holds a live permit and all of whose offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23 may use the title under which he or she is generally known in his or her country, followed by the name of the country from which he or she received his or her certificate, license, or degree.

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(f) No individual shall sign or affix his or her name or any trade assumed name used by him or her in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying, contained in, or affixed on such opinion or certificate, which indicates that he or she has expert knowledge in accounting or auditing unless he or she holds a live permit and all of his or her offices in this state for the practice of public accountancy are maintained and registered under Code Sections 43-3-21 and 43-3-23, provided that this subsection shall not prohibit any officer, employee, partner, member, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of such organization with any wording designating the position, title, or office which he or she holds in such organization, nor shall this subsection prohibit any act of a public official or public employee in the performance of his or her duties as such. (g) No person shall sign or affix, or cause to be signed or affixed, a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing (1) financial information, or (2) facts respecting compliance with conditions established by law or contract, including but not limited to statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in such opinion or certificate, which indicates that such firm is composed of or employs persons having expert knowledge in accounting or auditing unless the firm holds a live permit and all of its offices in this state for the practice of public accountancy are maintained and registered as required under Code Sections 43-3-21 and 43-3-23. (h) A licensee shall not use or participate in the use of any form of public communication having reference to his or her professional services which contains a false, fraudulent, misleading, deceptive, or unfair statement or claim. A false, fraudulent, misleading, deceptive, or unfair statement or claim includes but is not limited to a statement or claim which: (1) Contains a misrepresentation of fact; (2) Is likely to mislead or deceive because it fails to make full disclosure of relevant facts; (3) Contains any testimonial, laudatory, or other statement or implication that the licensee's professional services are of exceptional quality, if not supported by verifiable facts; (4) Is intended or likely to create false or unjustified expectations of favorable results;

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(5) Implies educational or professional attainments or licensing recognition not supported in fact; (6) States or implies that the licensee has received formal recognition as a specialist in any aspect of the practice of public accounting, except in accordance with rules adopted by the board; (7) Represents that professional services can or will be completely performed for a stated fee when this is not the case or makes representations with respect to fees for professional services that do not disclose all variables that may reasonably be expected to affect the fees that will in fact be charged; or (8) Contains other representations or implications that in reasonable probability will cause an ordinarily prudent person to misunderstand or be deceived. (i) The board may by rule or regulation prohibit a licensee from soliciting by any direct personal communication an engagement to perform professional services. SECTION 11. Said chapter is further amended by striking Code Section 43-3-37, relating to a penalty for a violation of such chapter, and inserting in lieu thereof the following: 43-3-37. The proceedings of and data obtained by a peer review committee or the board pursuant to paragraph (3) of subsection (b) of Code Section 43-3-32 shall not be subject to discovery or introduction into evidence in any civil action, except in a hearing before the board, against a certified public accountant or public accountant for matters which are the subject of evaluation and review by such committee or the board; and no person who was in attendance at a meeting of such committee or board shall be permitted or required to testify in any such civil action, except in a hearing before the board, as to any evidence or the matters produced or presented during the proceedings of such committee or board or as to any findings, recommendations, evaluations, opinions, or actions of such committee or board or any members thereof; provided, however, that any information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any such civil action merely because they were presented during proceedings of such committee or board; and provided further, that no person who testifies before such committee or board or who is a member of such committee or board shall be prevented from testifying as to matters within his or her knowledge, provided that such witness may not be questioned regarding such witness's testimony before such committee or board or opinions formed by the witness as a result of such hearings of the committee or board.

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43-3-38. Any person who violates this chapter shall be guilty of a misdemeanor. SECTION 12. (a) Sections 1, 2, 3, 4, 5, 7, and 10 of this Act shall become effective July 1, 1998. (b) The remaining provisions of this Act shall become effective July 1, 1997. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. CIVIL PRACTICE ARBITRATION CODE; APPLICABILITY TO CONTRACTS BETWEEN INSURANCE COMPANIES. Code Section 9-9-2 Amended. No. 479 (House Bill No. 745). AN ACT To amend Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the Georgia Arbitration Code, so as to exclude contracts between insurance companies from the exceptions to the code's applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 9-9-2 of the Official Code of Georgia Annotated, relating to the applicability and exclusivity of the Georgia Arbitration Code, is amended by striking subsection (c) and inserting in lieu thereof a new subsection to read as follows: (c) This part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply: (1) Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims; (2) Any collective bargaining agreements between employers and labor unions representing employees of such employers;

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(3) Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2; provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies; (4) Any other subject matters currently covered by an arbitration statute; (5) Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution; (6) Any contract for the purchase of consumer goods, as defined in Title 11, the `Uniform Commercial Code,' under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109; (7) Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the `Fair Business Practices Act of 1975'; (8) Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents; (9) Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement; (10) Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. STATE GOVERNMENT STATE SYMBOLS; OFFICIAL TARTAN DESIGNATED. Code Section 50-3-75 Enacted. No. 480 (House Bill No. 644). AN ACT To amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the official tartan of the State of Georgia; to repeal conflicting laws; and for other purposes.

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WHEREAS, the Georgia tartan was introduced to the public for the first time in 1982 at the First International Gathering of the Scottish Clans ever held in the United States at the Stone Mountain Highland Games and Scottish Festival; and WHEREAS, the Georgia tartan was designed at the request of the Stone Mountain Highland Games, Inc., by the Scottish Tartan Society in Comrie, Perthshire, Scotland, and presented to Governor George Busbee in 1982 in honor of Georgia's 250th birthday. On October 1, 1996, the Scottish Tartans Society issued its Certificate of Accreditation for this tartan; and WHEREAS, both the pattern and colors of the Georgia Tartan are a reflection of this state's strong ties with Scotland. The pattern, or sett, comes from the earliest known Mackintosh tartan; it was John Mohr Mackintosh and his Scottish Highlanders who helped the state's founder, James Oglethorpe, repulse Spanish invaders and keep Georgia a British Colony; and WHEREAS, the red and light blue come from the Royal Tartan from the reign of King George II, which was worn by the Royal Company of Archers, the King's personal bodyguards in Scotland. The green and black are from what once was the government pattern worn by Mackintosh's troops and since has become world famous as the tartan worn by the Royal Highland Regiment, The Black Watch; and WHEREAS, Peter McDonald, the great Scottish tartan weaver and tartan design expert who designed the Georgia tartan and wove it for the first time, said he selected the color blue for the beautiful Georgia sky, the red for our rich red Georgia clay, and the green for our beautiful forests; and WHEREAS, the Georgia tartan is so special because this state's very history is woven into the fabric. It is a tartan any Georgia Scot and any proud Georgian can wear with pride. 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 other state symbols, is amended by adding at the end thereof a new Code section to read as follows: 50-3-75. (a) The Georgia tartan is designated as the official tartan of Georgia. (b) The Georgia tartan is that tartan accredited in Certificate Number 96027 by the Council of the Scottish Tartans Society of Scotland and is

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described as follows: 72 green, 4 black, 4 green, 4 black, 6 green, 24 black, 20 azure, 40 red. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. MOTOR VEHICLES AND TRAFFIC DEALERS' NUMBERS; DISABLED VETERANS' FREE LICENSE PLATES; SPECIAL LICENSE PLATES. Code Title 40, Chapter 2 Amended. No. 481 (House Bill No. 104). AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the use of dealers' numbers; to provide for the promulgation by the state revenue commissioner of rules and regulations for the issuance of special license plates; to state legislative findings; to provide standards, procedures, and fees for the issuance of special plates; to provide for free plates and decals for certain veterans; to provide for display of such plates on motorcycles; to provide for special license plates commemorating square and round dancers, special plates honoring and supporting Shrine Hospitals for children, special plates commemorating Civil War battlefields and historic sites, and special Supporting Public Schools plates; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 (a) of Code Section 40-2-38, relating to registration and licensing of dealers, manufacturers, and distributors, and inserting in lieu thereof the following: (a) Manufacturers, distributors, and dealers engaged in the manufacture, sale, or leasing of vehicles required to be registered under Code Section 40-2-20 shall register with the commissioner, making application for a distinguishing dealer's specifying the name and make of motor vehicle, tractor, or trailer manufactured, sold, or leased by them, upon forms prepared by the commissioner for such purposes, and pay therefor a fee of $62.00, which shall accompany such application. Upon payment of such fee by a dealer, the commissioner shall furnish to the

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dealer one number plate to expire December 31 of odd-numbered years, to be known as a dealer's number, and to be distinguished from the number plates provided for in this chapter by a different and distinguishing color to be determined by the commissioner, with the word `Dealer' on same; a dealer's number plate to be for the purpose of demonstrating or transporting dealer's vehicles or trailers for sale or lease. No dealer may use or permit to be used a dealer's number for private use or on cars for hire, for lease, or other manner not provided for in this Code section. A dealer may use or permit to be used a dealer's number for private use on vehicles owned by the dealership, regardless of whether such vehicle has been issued a certificate of title or registered, when such vehicles are operated by an employee or corporate officer of the dealer which has been issued such number. A distinguishing dealer's number used by an employee or officer shall authorize such person to operate the vehicle to which the number is attached on the public highways and streets. A dealer may apply for one or more distinguishing dealer's numbers. The manufacturer's or distributor's license plate is limited to no longer than six months' use per vehicle. Upon payment of such a fee by a manufacturer or distributor, the commissioner shall issue to manufacturers and distributors number plates with the word `Manufacturer' or `Distributor' on such plates. Nothing in this subsection shall preclude a manufacturer or distributor from using a `Manufacturer' or `Distributor' number plate on motor vehicles they own when such vehicles are used for evaluation or demonstration purposes, notwithstanding incidental personal use by a manufacturer or distributor. In the event the dealers, distributors, or manufacturers desire more than one tag, they shall so state on the application, and, in addition to the fee of $62.00 provided in this Code section, shall pay $12.00 for each and every additional number plate furnished. Persons engaged in the business of transporting vehicles for others under such vehicle's own power shall likewise be entitled to obtain license plates under this Code section, but such plates shall be used only on vehicles being transported. SECTION 2. Said chapter is further amended by inserting after Code Section 40-2-60 a new Code Section 40-2-60.1 to read as follows: 40-2-60.1. (a) The General Assembly finds that during recent years prior to and including 1997 there have been proposed and enacted numerous laws providing for the issuance of special license plates for certain persons and vehicles. The General Assembly finds that there exists a need for a standardized administrative process to provide for the authorization of issuance of such special license plates and that the public interest will be best served by such a standardized administrative process. While recognizing that the legislature may not abridge its powers, the General Assembly declares that it is in the public interest of this state for future

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proposals for special license plates to be governed by the administrative process established by this Code section rather than by the legislative process. (b) The commissioner of revenue is authorized to adopt rules and regulations for the issuance of special license plates for groups of individuals and vehicles. Such rules and regulations shall provide that no such special license plate shall be issued except upon the application of least 1,000 persons. The rules and regulations shall provide for the manner of such applications. The rules and regulations shall provide that upon receipt of the requisite number of applications, a special license plate may be issued as provided in this Code section. The rules and regulations may provide for exceptions whereby a special plate will not be issued if the issuance of the plate would adversely affect public safety. The rules and regulations shall provide for the design and manufacture of such special license plates and shall provide that such plates shall be readily recognizable as Georgia license plates through the adoption of a standard design containing a smaller space for the insertion of an appropriate logo or graphic identifying the special nature of the license plate. Subject to the foregoing provisions of this subsection, the design of each special license plate shall be in the discretion of the state revenue commissioner. (c) Any resident motor vehicle owner desiring a special license plate provided for in this Code section shall submit to the commissioner a completed application form for such plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the rules and regulations authorized in this Code section, a resident motor vehicle owner shall be issued a special license plate if the issuance of such plate is otherwise authorized under this Code section. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee 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. Special license plates issued under this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (e) Nothing in this Code section shall affect any special license plate provided for by any other law in existence on or becoming effective on the effective date of this Code section. SECTION 3. Said chapter is further amended by striking Code Section 40-2-69, relating to free license plates and revalidation decals for certain disabled veterans, and inserting in lieu thereof a new Code Section 40-2-69 to read as follows:

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40-2-69. (a) Any veteran who was discharged under honorable conditions and who served on active duty in the armed forces of the United States or on active duty in a reserve component of the United States, including the National Guard, shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that such veteran is receiving or that he or she is entitled to receive a statutory award from the United States Department of Veterans Affairs for: (1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; or (4) Permanent impairment of vision of both eyes of the following status: central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 20/200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye. (b) Any veteran who was discharged under honorable conditions and who has been adjudicated by the United States Department of Veterans Affairs as being 100 percent totally disabled and entitled to receive service connected benefits shall, upon application therefor, be issued a free motor vehicle license plate upon presentation of proof that he or she is receiving or that he or she is entitled to receive benefits for a 100 percent service connected disability, as long as he or she is 100 percent disabled. A veteran who claims that such 100 percent total disability is permanent shall furnish proof of such permanent disability through a letter from the United States Department of Veterans Affairs. (c)(1) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of being permanently disabled, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years on any automobile, private passenger pickup truck, motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future. (2) Once a veteran has established his or her eligibility to receive free motor vehicle license plates as a result of having a 100 percent total disability which has not been determined to be a permanent disability, he or she shall be entitled to receive free plates or free revalidation decals in succeeding years upon furnishing, on an annual basis, proof of such 100 percent disability through a letter from the United States Department of Veterans Affairs. Such free plates or free revalidation decals shall apply to any automobile, private passenger pickup truck,

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motorcycle, station wagon, or van type vehicle of three-quarter tons or less that he or she may own or jointly with his or her spouse own or acquire in the future. (3)(A) Two license plates or revalidation decals each year shall be furnished for vehicles other than motorcycles to veterans qualifying under this Code section unless the originals are lost. Such plates shall be fastened to both the front and the rear of the vehicle. (B) One license plate or revalidation decal each year shall be furnished for motorcycles to veterans qualifying under this Code section unless the original is lost. Such plate shall be fastened to the rear of the vehicle. SECTION 4. Said chapter is further amended by adding new Code Sections 40-2-86.1 through 40-2-86.4 to read as follows: 40-2-86.1. (a) The commissioner shall design a special license plate to be issued commemorating square and round dancers, which license plate shall be similar in design to the license plate issued to all other residents of the state except that an emblem consisting of a depiction of a traditionally attired square dancing couple and the letters `D' arranged vertically shall be placed immediately to the left of the numbers on the license plate. The phrase `Square Round Dancers' shall be imprinted on such special license plate. It shall be a requirement that a county name decal shall be fixed and displayed on license plates issued under this Code section. (b) Any resident motor vehicle owner desiring a special license plate commemorating square and round dancers shall submit to the commissioner a completed application form for such license plate with a $25.00 manufacturing fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to the restriction in subsection (c) of this Code section, a resident motor vehicle owner shall be issued a special license plate. (c) The commissioner shall retain all applications received for special license plates commemorating square and round dancers until a minimum of 1,000 applications have been received. After receipt of 1,000 applications for such commemorative license plate, the commissioner will then design the commemorative license plate. If the commissioner does not receive the required minimum of 1,000 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such license plates and all fees shall be refunded to applicants.

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(d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee 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. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. 40-2-86.2. (a) Because the Shrine hospitals for children have done immeasurable good for the children of this state, it is appropriate and proper that, subject to the provisions of this Code section, there shall be issued beginning in 1998 special license plates to honor and support the Shrine hospitals for children. (b) The commissioner in cooperation with a representative of the Shrine hospitals shall prepare special distinctive license plates of a design appropriate to honor and support the Shrine hospitals for children, subject to subsection (d) of this Code section. Such Shrine hospital plate must be of the same size and general design of general issue motor vehicle license plates. Such plates shall include a unique identifying number whose total characters do not exceed the sum of seven, provided that no two recipients receive identical plates. It shall not be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section. (c) Subject to subsection (d) of this Code section, any motor vehicle owner who is a resident of Georgia, upon complying with the motor vehicle laws relating to registration and licensing of motor vehicles and upon the payment of a fee of $25.00 in addition to the regular motor vehicle registration fee, shall be issued such a special license plate. (d) The commissioner shall retain all applications received for such special license plates until a minimum of 500 applications have been received. After receipt of 500 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such special license plates and all fees shall be refunded to applicants. (e) Notwithstanding the foregoing provisions of this Code section, this Code section shall not be implemented until such time as the State of Georgia has, through a licensing agreement or otherwise, received such licenses or other permissions, at no cost to the State of Georgia, as may be required for the use of the Shrine logo or other acceptable design or as may otherwise be necessary or appropriate to implement this Code section. No royalty, license fee, or other moneys shall be paid to the

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Shrine organization or its licensor for the use by the state on such license tags of such logo or design. The commissioner is authorized, on behalf of the state, to accept and execute the licensing agreements with the Shrine organization or its licensor. The commissioner may charge fees, take other actions, and agree to or impose terms and conditions which might normally be envisioned in licensing and cross-licensing agreements for the use of designs and similar intellectual property. Without limitation, the commissioner may agree to allow to others the exclusive or nonexclusive use of the design of the special license plate. The design of the special license plate, excepting only the Shrine logo and any other part of the design owned by others and licensed to the state, shall be owned solely by the State of Georgia for its exclusive use and control, except as authorized by the commissioner. The commissioner may take steps necessary to give notice of and protect such right, including the copyright. However, such steps shall be cumulative of the ownership and exclusive use and control established by this subsection as a matter of law, and no person shall reproduce or otherwise use such design, except as authorized by the commissioner. (f) Special license plates issued under this Code section shall be renewed annually with a revalidation decal, as provided in Code Section 40-2-31, upon payment of an additional $25.00 annual registration fee 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. Special license plates issued under this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. 40-2-86.3. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate commemorating Civil War battle-fields and historic sites in this state. A county name decal shall be affixed and displayed on each license plate issued under this Code section. (b) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (c) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section

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40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. (d) Each application for a special license plate under this Code section along with all fees required by subsection (a) of this Code section shall be submitted directly to the Civil War Commission established by Ga. L. 1993, p. 1952, which shall retain all applications thereby received for such special license plates until a minimum of 500 applications have been received, whereupon the applications and fees shall be transmitted to the commissioner.After the receipt of 500 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of 500 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants by the Civil War Commission. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article. (e) The provisions of subsection (d) of this Code section notwithstanding, the Civil War Commission may impose a nonrefundable surcharge to be paid directly to the Civil War Commission by an applicant at the time of application which shall not exceed $20.00 per application; provided, however, that funds generated by any such surcharges shall be expended by the Civil War Commission only for the acquisition of Civil War battlefields in this state and associated Civil War historic sites in this state and for the maintenance, protection, and interpretation of the same as provided by Ga. L. 1993, p. 1952. 40-2-86.4. (a) Subject to subsection (d) of this Code section, motor vehicle owners who are residents of the State of Georgia, upon application therefor and upon full compliance with the state motor vehicle laws in relation to registration and licensing of motor vehicles and upon payment of the regular motor vehicle registration fee and an additional initial fee of $25.00, shall be issued a license plate for a private passenger vehicle which shall bear the words `Supporting Public Schools.' It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section. (b) The commissioner shall retain all applications thereby received for such special license plates until a minimum of 1,000 applications has been received. After the receipt of 1,000 applications for such special license plates, the commissioner will then design the special license plate. If the commissioner does not receive the required minimum of

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1,000 applications for special license plates under this Code section no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded no later than 30 days thereafter to applicants. All license plates issued pursuant to this Code section shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in this article. (c) Upon transfer of the ownership of a private passenger vehicle upon which there is a special license plate as provided in subsection (a) of this Code section, such plate shall be removed and the authority to use the plate shall thereby be canceled; provided, however, that after such a transfer of ownership occurs, should the license plate holder acquire another motor vehicle, the license plate issued pursuant to this Code section shall be transferred between vehicles as provided in Code Section 40-2-80. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31 upon payment of an additional $25.00 annual registration fee, which fee shall be collected by the county tag agent at the time of collection of other registration fees and remitted to the state as provided in Code Section 40-2-34. SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but no special license plate shall be issued under this Act prior to January 1, 1998. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. LOCAL GOVERNMENT SERVICE DELIVERY STRATEGIES BY COUNTIES AND MUNICIPALITIES; REQUIREMENTS; VERIFICATION; EFFECT ON STATE FINANCIAL ASSISTANCE. Code Title 36 Amended. No. 482 (House Bill No. 489). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the adoption of a local government service delivery strategy agreement by municipalities and counties; to change certain definitions; to provide legislative intent; to provide procedures for adopting the strategy; to provide for the elements to be included within the strategy; to provide for criteria to be met by the strategy; to provide for verification by the Department of Community Affairs; to provide for prohibitions related to state administered grants to municipalities and counties; to change a certain cross-reference; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by striking Chapter 70, relating to coordinated and comprehensive planning by counties and municipalities, and inserting in its place a new Chapter 70 to read as follows: ARTICLE 1 36-70-1. The local governments of the State of Georgia are of vital importance to the state and its citizens. The state has an essential public interest in promoting, developing, sustaining, and assisting local governments. In addition, the natural resources, environment, and vital areas of the state are of vital importance to the state and its citizens. The state has an essential public interest in protecting and preserving the natural resources, the environment, and the vital areas of the state. The purpose of this article is to provide for local governments to serve these essential public interests of the state by authorizing and promoting the establishment, implementation, and performance of coordinated and comprehensive planning by municipal governments and county governments, and this article shall be construed liberally to achieve that end. This article is enacted pursuant to the authority granted the General Assembly in the Constitution of the State of Georgia, including, but not limited to, the authority provided in Article III, Section VI, Paragraphs I and II (a) (1) and Article IX, Section II, Paragraphs III and IV. 36-70-2. As used in this chapter, the term: (1) `Comprehensive plan' means any plan by a county or municipality covering such county or municipality proposed or prepared pursuant to the minimum standards and procedures for preparation of comprehensive plans and for implementation of comprehensive plans established by the department. (2) `Coordinated and comprehensive planning' means planning by counties and municipalities undertaken in accordance with the minimum standards and procedures for preparation of plans, for implementation

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of plans, and for participation in the coordinated and comprehensive planning process, as established by the department. (3) `County' means any county of this state. (4) `Department' means the Department of Community Affairs of the State of Georgia created pursuant to Article 1 of Chapter 8 of Title 50. (5) `Governing authority' or `governing body' means the board of commissioners of a county, sole commissioner of a county, council, commissioners, or other governing authority for a county or municipality. (5.1) `Inactive municipality' means any municipality which has not for a period of three consecutive calendar years carried out any of the following activities: (A) The levying or collecting of any taxes or fees; (B) The provision of any of the following governmental services: water; sewage; garbage collection; police protection; fire protection; or library; or (C) The holding of a municipal election. (5.2) `Local government' means any county as defined in paragraph (3) of this Code section or any municipality as defined in paragraph (7) of this Code section. The term does not include any school district of this state. (5.3) `Mechanisms' includes, but is not limited to, intergovernmental agreements, ordinances, resolutions, and local Acts of the General Assembly in effect on July 1, 1997, or executed thereafter. (6) `Minimum standards and procedures' means the minimum standards and procedures for preparation of comprehensive plans, for implementation of comprehensive plans, and for participation in the coordinated and comprehensive planning process, as established by the department, in accordance with Article 1 of Chapter 8 of Title 50. Minimum standards and procedures shall include any standards and procedures for such purposes prescribed by a regional development center for counties and municipalities within its region and approved in advance by the department. (7) `Municipality' means any municipal corporation of the state and any consolidated city-county government of the state. (8) `Region' means the territorial area within the boundaries of operation for any regional development center, as such boundaries shall be established from time to time by the board of the department. (9) `Regional development center' means a regional development center established under Article 2 of Chapter 8 of Title 50.

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36-70-3. The governing bodies of municipalities and counties are authorized: (1) To develop, or to cause to be developed pursuant to a contract or other arrangement approved by the governing body, a comprehensive plan; (2) To develop, establish, and implement land use regulations which are consistent with the comprehensive plan of the municipality or county, as the case may be; (3) To develop, establish, and implement a plan for capital improvements which conforms to minimum standards and procedures and to make any capital improvements plan a part of the comprehensive plan of the municipality or county, as the case may be; (4) To employ personnel, or to enter into contracts with a regional development center or other public or private entity, to assist the municipality or county in developing, establishing, and implementing its comprehensive plan; (5) To contract with one or more counties or municipalities, or both, for assistance in developing, establishing, and implementing a comprehensive plan, regardless of whether the contract is to obtain such assistance or to provide such assistance; and (6) To take all action necessary or desirable to further the policy of the state for coordinated and comprehensive planning, without regard for whether any such action is specifically mentioned in this article or is otherwise specifically granted by law. 36-70-4. (a) Each municipality and county shall automatically be a member of the regional development center for the region which includes such municipality or county, as the case may be. (b) Each municipality and county shall pay, when and as they become due, the annual dues required for membership in its regional development center. (c) Each municipality and county shall participate in compiling a Georgia data base and network, coordinated by the department, to serve as a comprehensive source of information available, in an accessible form, to local governments and state agencies. 36-70-5. (a) Except as provided in subsection (b) of this Code section, nothing in this article shall limit or compromise the right of the governing body of any county or municipality to exercise the power of zoning.

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(b) Any municipality which is as of April 17, 1992, an inactive municipality shall not on or after April 17, 1992, exercise any powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. Any municipality which becomes an inactive municipality after April 17, 1992, shall not after becoming inactive exercise powers under this article or exercise any zoning powers, until and unless the municipality is restored to active status by the enactment of an appropriate new or amended charter by local Act of the General Assembly. (c) Any county which has located within its boundaries all or any part of any inactive municipality shall have full authority to exercise through its governing body all planning and zoning powers within the area of such inactive municipality within the county, in the same manner as if such area were an unincorporated area. ARTICLE 2 36-70-20. The intent of this article is to provide a flexible framework within which local governments in each county can develop a service delivery system that is both efficient and responsive to citizens in their county. The General Assembly recognizes that the unique characteristics of each county throughout the state preclude a mandated legislative outcome for the delivery of services in every county. The process provided by this article is intended to minimize inefficiencies resulting from duplication of services and competition between local governments and to provide a mechanism to resolve disputes over local government service delivery, funding equity, and land use. The local government service delivery process should result in the minimization of noncompatible municipal and county land use plans and in a simple, concise agreement describing which local governments will provide which service in specified areas within a county and how provision of such services will be funded. 36-70-21. Each county and municipality shall execute an agreement for the implementation of a local government service delivery strategy as set forth in this article by July 1, 1999. 36-70-22. Each county shall initiate the process for developing a local government service delivery strategy after July 1, 1997, but no later than January 1, 1998. Initiation of the strategy shall be accomplished by the provision of a written notice from the county to the governing bodies of all municipalities located wholly or partially within the county or providing services within the county and to other counties providing services

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within the county. Such notice shall state the date, time, and place for a joint meeting at which designated representatives of all local governing bodies shall assemble for the purpose of commencing deliberations on the service delivery strategy. The notice shall be sent not more than 45 and not less than 15 days prior to the meeting date. In the event the county governing authority fails to initiate the process by January 1, 1998, any municipality within the county may do so by sending a written notice, containing the required information, to the county and all other municipalities. 36-70-23. Each local government service delivery strategy shall include the following components: (1) An identification of all local government services presently provided or primarily funded by each general purpose local government and each authority within the county, or providing services within the county, and a description of the geographic area in which the identified services are provided by each jurisdiction; (2) An assignment of which local government or authority, pursuant to the requirements of this article, will provide each service, the geographic areas of the county in which such services are to be provided, and a description of any services to be provided by any local government to any geographic area outside its geographical boundaries. In the event two or more local governments within the county are assigned responsibility for providing identical services within the same geographic area, the strategy shall include an explanation of such arrangement; (3) A description of the source of the funding for each service identified pursuant to paragraph (2) of this Code section; and (4) An identification of the mechanisms to be utilized to facilitate the implementation of the services and funding responsibilities identified pursuant to paragraphs (2) and (3) of this Code section. 36-70-24. In the development of a service delivery strategy, the following criteria shall be met: (1) The strategy shall promote the delivery of local government services in the most efficient, effective, and responsive manner. The strategy shall identify steps which will be taken to remediate or avoid overlapping and unnecessary competition and duplication of service delivery and shall identify the time frame in which such steps shall be taken. When a municipality provides a service at a higher level than the base level of service provided throughout the geographic area of

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the county by the county, such service shall not be considered a duplication of the county service; (2) (A) The strategy shall provide that water or sewer fees charged to customers located outside the geographic boundaries of a service provider shall not be arbitrarily higher than the fees charged to customers receiving such service which are located within the geographic boundaries of the service provider. (B) If a governing authority disputes the reasonableness of water and sewer rate differentials imposed within its jurisdiction by another governing authority, that disputing governing authority may hold a public hearing for the purpose of reviewing the rate differential. Following the preparation of a rate study by a qualified engineer, the governing authority may challenge the arbitrary rate differentials on behalf of its residents in a court of competent jurisdiction. Prior to such challenge, the dispute shall be submitted to some form of alternative dispute resolution; (3) (A) The strategy shall ensure that the cost of any service which a county provides primarily for the benefit of the unincorporated area of the county shall be borne by the unincorporated area residents, individuals, and property owners who receive the service. Further, when the county and one or more municipalities jointly fund a county-wide service, the county share of such funding shall be borne by the unincorporated residents, individuals, and property owners that receive the service. (B) Such funding shall be derived from special service districts created by the county in which property taxes, insurance premium taxes, assessments, or user fees are levied or imposed or through such other mechanism agreed upon by the affected parties which complies with the intent of subparagraph (A) of this paragraph; and (4) (A) Local governments within the same county shall, if necessary, amend their land use plans so that such plans are compatible and nonconflicting, or, as an alternative, they shall adopt a single land use plan for the unincorporated and incorporated areas of the county. (B) The provision of extraterritorial water and sewer services by any jurisdiction shall be consistent with all applicable land use plans and ordinances. (C) A process shall be established by July 1, 1998, to resolve land use classification disputes when a county objects to the proposed land use of an area to be annexed into a municipality within the county. 36-70-25. (a) Approval of the local government service delivery strategy shall be accomplished as provided for in this Code section.

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(b) The county and each municipality within the county shall participate in the development of the strategy. Approval of the strategy shall be accomplished by adoption of a resolution: (1) By the county governing authority; (2) By the governing authority of municipalities located within the county which have a population of 9,000 or greater within the county; (3) By the municipality which serves as the county site if not included in paragraph (2) of this subsection; and (4) By no less than 50 percent of the remaining municipalities within the county which contain at least 500 persons within the county if not included in paragraph (2) or (3) of this subsection. (c) For the purpose of determining population, the population in the most recent United States decennial census shall be utilized. (d) If a county and the necessary number of cities in the county cannot reach an agreement on the strategy, a means for facilitating an agreement through some form of alternative dispute resolution shall be employed. Where the alternative dispute resolution action is unsuccessful, the neutral party or parties shall prepare a report which shall be provided to each governing authority and made a public record. The cost of alternative dispute resolution authorized by this subsection shall be shared by the parties to the dispute pro rata based on each party's population according to the most recent United States decennial census. The county's share shall be based upon the unincorporated population of the county. (e) The adoption of a service delivery strategy specified in Code Section 36-70-21 may be extended to a date certain no later than 120 days following the date otherwise specified in Code Section 36-70-21 upon written agreement of the local governments enumerated in subsection (b) of this Code section. In the event such an agreement is executed, the sanctions specified in Code Section 36-70-27 shall not apply until on and after such extended date. 36-70-26. Each county shall file the agreement for the implementation of strategy required by Code Section 36-70-21 with the department. The department shall, within 30 days of receipt, verify that the strategy includes the components enumerated in Code Section 36-70-23 and the minimum criteria enumerated in Code Section 36-70-24. The department, however, shall neither approve nor disapprove the specific elements or outcomes of the strategy. 36-70-27. On and after July 1, 1999, no state administered financial assistance or grant, loan, or permit shall be issued to any local government or

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authority which is not included in a department verified strategy or for any project which is inconsistent with such strategy. 36-70-28. Each county and municipality shall review, and revise if necessary, the approved strategy: (1) In conjunction with updates of the comprehensive plan as required by Article 1 of this chapter; (2) Whenever necessary to change service delivery or revenue distribution arrangements; or (3) In the event of the creation, abolition, or consolidation of local governments. SECTION 2. Said title is further amended by striking paragraph (2) of Code Section 36-66-3, relating to definitions regarding zoning procedures, and inserting in its place a new paragraph (2) to read as follows: (2) `Territorial boundaries' means, in the case of counties, the unincorporated areas thereof and any area defined in paragraph (5.1) of Code Section 36-70-2, and, in the case of municipalities, the area lying within the corporate limits thereof except any area defined in paragraph (5.1) of Code Section 36-70-2. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. LOCAL GOVERNMENT UNIFORM CHART OF ACCOUNTS; SERVICE DELIVERY DATA REPORTING. Code Sections 36-81-1, 36-81-3, and 36-81-8 Amended. No. 483 (House Bill No. 491). AN ACT To amend Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, so as to change certain provisions regarding legislative intent; to provide for the development and adoption of a local government uniform chart of accounts; to provide for the reporting of data relating to local government service delivery and policies; to provide for procedures; to provide for powers, duties, and authority of the Department of Community Affairs and state auditor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 81 of Title 36 of the Official Code of Georgia Annotated, relating to local government budgets and audits, is amended by striking Code Section 36-81-1, relating to legislative intent, and inserting in its place a new Code Section 36-81-1 to read as follows: 36-81-1. The intent of this article is to provide minimum budget, accounting, and auditing requirements for local governments so as to provide local taxpayers with an opportunity to gain information concerning the purposes for which local revenues are proposed to be spent and are actually spent and to assist local governments in generally improving local financial management practices while maintaining, preserving, and encouraging the principle of home rule over local matters. It is the further intent of this article to provide a mechanism through which appropriate information may be collected to assist state and local policy makers in carrying out their lawful responsibilities. It is also the intent of this article to provide for the collection and reporting of information so as to assist local taxpayers and local policy makers in understanding and evaluating local government service delivery and operations. SECTION 2. Said article is further amended by adding two new subsections at the end of Code Section 36-81-3, relating to local fiscal years and budgets, to be designated subsections (e) and (f), to read as follows: (e) The Department of Community Affairs, in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association, shall develop local government uniform charts of accounts. The uniform charts of accounts, including any subsequent revisions thereto, shall require approval of the state auditor prior to final adoption by the Department of Community Affairs. All units of local government shall adopt and use such initial uniform charts of accounts within 18 months following adoption of the uniform charts of accounts by the Department of Community Affairs. The department shall adopt the initial local government uniform charts of accounts no later than December 31, 1998. The department shall be authorized to grant a waiver delaying adoption of the initial uniform charts of accounts for a period of time not to exceed one year upon a clear demonstration that

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conversion of the accounting system of the requesting local government, within the time period specified in this subsection, would be unduly burdensome. (f) The department's implementation of subsection (e) of this Code section shall be subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' SECTION 3. Said article is further amended by adding a new subsection at the end of Code Section 36-81-8, relating to local finance reports, to be designated subsection (h), to read as follows: (h) The department, either in conjunction with the local government finances report or separately, shall prepare a community indicators report for each local unit of government having annual expenditures of $250,000.00 or more as indicated pursuant to the most recent Report of Local Government Finances. The community indicators report shall include data on local government services, administration, and community characteristics. The department shall have the authority to require local governments to submit reports on local government services and operations as a condition of such local government receiving state appropriated funds from the department. Such reports shall be obtained utilizing the local government finance survey as provided in subsection (b) of this Code section and the local government operations survey collected by the department. The department shall develop the community indicators report in cooperation with the Association County Commissioners of Georgia and the Georgia Municipal Association and shall prepare the report on or before December 31, 1998, and annually thereafter. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997.

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CRIMES AND OFFENSES CHILD MOLESTATION; AGGRAVATED CHILD MOLESTATION; CHEMICAL CASTRATION OF CERTAIN OFFENDERS. Code Section 16-16-4 Amended. Code Section 42-9-44.2 Enacted. No. 484 (House Bill No. 211). AN ACT To amend Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, so as to provide that the court sentencing a person who has been convicted of a first offense of aggravated child molestation when a victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate treatment or its chemical equivalent would be effective in changing the defendant's behavior; to provide that under certain conditions such chemical treatment and treatment by a qualified mental health professional may be required as a condition of probation; to provide for treatment prior to release from custody; to provide that a defendant sentenced to probation who is required to undergo such treatment and who is not in custody shall be returned to custody for such treatment; to provide that no such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented thereto in writing; to provide procedures for the administration of treatment; to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, so as to provide that the Board of Pardons and Paroles may require as a condition of parole that a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional; to provide for administration of the treatment by the State Board of Pardons and Paroles; to require the Department of Corrections to permit medical access to persons required to receive such treatment; to require informed consent before the administration of such treatment; to provide that certain persons may refuse to administer such treatment; to provide that any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Act in the administration of treatment or provision of counseling provided for in this Act shall be immune from civil or criminal liability for his or her actions in connection with such treatment; to provide that while undergoing treatment under this Act, a person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 16-6-4 of the Official Code of Georgia Annotated, relating to child molestation and aggravated child molestation, is amended by striking in its entirety subsection (d) and inserting in lieu thereof the following: (d)(1) A person convicted of the offense of aggravated child molestation shall be punished by imprisonment for not less than ten nor more than 30 years. Any person convicted under this Code section of the offense of aggravated child molestation shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7. (2) The court sentencing a person who has been convicted of a first offense of aggravated child molestation when the victim is 16 years of age or younger at the time of the offense is authorized to require, before sentencing, that the defendant undergo a psychiatric evaluation to ascertain whether or not medroxyprogesterone acetate chemical treatment or its equivalent would be effective in changing the defendant's behavior. If it is determined by a qualified mental health professional that such treatment would be effective, the court may require as a condition of probation and upon provisions arranged between the court and the defendant, the defendant to undergo medroxyprogesterone acetate treatment or its chemical equivalent which must be coupled with treatment by a qualified mental health professional. In case of a person sentenced to probation who is required to undergo such treatment or its chemical equivalent and is in the custody of a law enforcement agency or confined in a jail at the time of sentencing, when he or she becomes eligible for probation, such person shall begin medroxyprogesterone acetate treatment and counseling prior to his or her release from custody or confinement. A person sentenced to probation who is required to undergo such treatment and who is not in the custody of a law enforcement agency or confined in a jail at the time of sentencing shall be taken into custody or confined until treatment can begin. Additional treatment may continue after such defendant's release from custody or confinement until the defendant demonstrates to the court that such treatment is no longer necessary. No such treatment shall be administered until such person has been fully informed of the side effects of hormonal chemical treatment and has consented to the treatment in writing. The administration of the treatment shall conform to the procedures and conditions set out in subsection (c) of Code Section 42-9-44.2.

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(3) Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section and subsection (c) of Code Section 42-9-44.2 in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment or counseling. SECTION 2. Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to the grants of pardons, paroles, and other relief, is amended by adding between Code Sections 42-9-44.1 and 42-9-45 a new Code section to be designated Code Section 42-9-44.2 to read as follows: 42-9-44.2. (a) The Board of Pardons and Paroles may in the exercise of its discretion in considering the grant of parole to a person who has been convicted of a second or subsequent offense of child molestation of a child who was 16 years of age or younger at the time of the offense or who has been convicted of a first offense of aggravated child molestation of a child who was 16 years of age or younger at the time of the offense require, as a condition of parole, that such person undergo medroxyprogesterone acetate treatment or its chemical equivalent. While undergoing such treatment, such person must participate in and pay for counseling currently available from a private or public provider of outpatient mental health services. No such treatment shall be administered until such person has consented thereto in writing. (b) A person who is required to undergo medroxyprogesterone acetate treatment or its chemical equivalent and counseling as a condition of parole shall begin such treatment prior to his or her release from confinement in the state correctional institution or other institution, but additional treatment may continue after such defendant's release on parole until the defendant demonstrates to the board that such treatment is no longer necessary. (c) The provision of treatment required as a condition of parole shall be administered by the State Board of Pardons and Paroles through licensed medical personnel employed by the defendant and approved by the board. Any physician or qualified mental health professional who acts in good faith in compliance with the provisions of this Code section in the administration of treatment or provision of counseling provided for in this Code section shall be immune from civil or criminal liability for his or her actions in connection with such treatment. The Department of Corrections shall permit access by such licensed medical personnel for such purpose to any person required to begin the treatment and counseling while confined in a facility of the department. The medical personnel utilized or approved by the board shall be

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required to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to treatment under this Code section shall acknowledge in writing the receipt of this information. SECTION 3. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. INSURANCE SURPLUS LINE INSURANCE; WORKERS' COMPENSATION INSURANCE PREMIUM DISCOUNTS FOR DRUG-FREE WORKPLACES; PRIORITY OF DISTRIBUTION OF CLAIMS FROM INSOLVENT INSURER'S ESTATE. Code Section 33-5-21.1 Enacted. Code Sections 33-9-40.2, 33-37-41, and 34-9-412 Amended. No. 485 (House Bill No. 584). AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the inapplicability of certain provisions of law to surplus line insurance; to change certain provisions relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs; to change the priority of distribution of claims from an insurer's estate; to amend Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, so as to change certain provisions relating to insurance premium discounts; to provide for related matters; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new Code Section 33-5-21.1 to read as follows: 33-5-21.1. Insurance placed in accordance with this article shall not be subject to the provisions of Chapter 9 of this title or Code Section 33-24-9.

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SECTION 2. Said title is further amended by striking Code Section 33-9-40.2, relating to workers' compensation insurance premium discounts for insureds with drug-free workplace programs, and inserting in its place the following: 33-9-40.2. (a) For each policy of workers' compensation insurance issued or renewed in the state on and after July 1, 1993, there shall be granted by the insurer not less than a 7 1/2 percent reduction in the premium for such policy if the insured has been certified by the State Board of Workers' Compensation as having a drug-free workplace program which complies with the requirements of Article 11 of Chapter 9 of Title 34 and has notified its insurer in writing of such certification. (b)(1) The premium discount provided by this Code section shall be applied to an insured's policy of workers' compensation insurance pro rata as of the date the insured receives certification by the State Board of Workers' Compensation and shall continue for a period not to exceed eight years; provided, however, an insurer shall not be required to credit the actual amount of the premium discount to the account of the insured until the final premium audit under such policy. Certification by an insured shall be required for each of the eight years in which such premium discount is granted. Thereafter, any premium discount pursuant to this article shall be determined from the insured's experience rating plan or in the case of an insured not rated upon experience, as provided in paragraph (2) of this subsection. (2) With respect to an insured which is not rated upon experience, any premium discount given an insured pursuant to this article after the initial eight-year period provided in paragraph (1) of this subsection shall be determined by the Commissioner based upon data received from the rating and statistical organization designated by the Commissioner pursuant to this chapter. (c) The workers' compensation insurance policy of an insured shall be subject to an additional premium for the purposes of reimbursement of a previously granted premium discount and to cancellation in accordance with the provisions of the policy if it is determined by the State Board of Workers' Compensation that such insured misrepresented the compliance of its drug-free workplace program with the provisions of Article 11 of Chapter 9 of Title 34. (d) Each insurer shall make an annual report to the rating and statistical organization designated by the Commissioner pursuant to this chapter illustrating the total dollar amount of drug-free workplace premium credit. Standard earned premium figures reported pursuant to this subsection on the aggregate calls for experience must reflect the effects of such credits. The net standard premium will then be the basis of any

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premium adjustment. The drug-free workplace credits must be reported under a unique classification code or unit statistical reports submitted to the rating and statistical organization designated by the Commissioner pursuant to this chapter. (e) The Commissioner shall conduct a study to determine the impact of this chapter on reducing workers' compensation losses and on the impact of the premium credit provided pursuant to this Code section in encouraging employers to implement and maintain the program for which the credit is provided. (f) The Commissioner shall be authorized to promulgate rules and regulations necessary for the implementation and enforcement of this Code section. SECTION 3. Said title is further amended by striking Code Section 33-37-41, relating to priority of distribution of claims from an insurer's estate, and inserting in lieu thereof a new Code section to read as follows: 33-37-41. For all pending and future claims in insolvencies existing on July 1, 1997, and for all claims in future insolvencies, the priority of distribution of claims from the insurer's estate shall be in accordance with the order as set forth in this Code section. Every claim in each class shall be paid in full or adequate funds retained for such payment before the members of the next class receive any payment. No subclasses shall be established within any class. The order of distribution of claims shall be: (1) CLASS 1. The costs and expenses of administration during rehabilitation and liquidation, including, but not limited to, the following: (A) The actual and necessary costs of preserving or recovering the assets of the insurer; (B) Compensation for all authorized services rendered in the rehabilitation and liquidation; (C) Any necessary filing fees; (D) The fees and mileage payable to witnesses; (E) Authorized reasonable attorney's fees and other professional services rendered in the rehabilitation and liquidation; and (F) The reasonable expenses of a guaranty association or foreign guaranty association for unallocated loss adjustment expenses; (2) CLASS 2. All claims under policies, including third-party claims and all claims of a guaranty association or foreign guaranty association. All claims under life insurance and annuity policies, whether for

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death proceeds, annuity proceeds, or investment values, shall be treated as loss claims. That portion of any loss, indemnification for which is provided by other benefits or advantages recovered by the claimant, shall not be included in this class other than benefits or advantages recovered or recoverable in discharge of familial obligation of support or by way of succession at death or as proceeds of life insurance or as gratuities. No payment by an employer to his employee shall be treated as a gratuity; (3) CLASS 3. Claims of the federal government except those under Class 2; (4) CLASS 4. Reasonable compensation to employees for services performed to the extent that such compensation does not exceed two months of monetary compensation and represents payment for services performed within one year before the filing of the petition for liquidation or, if rehabilitation preceded liquidation, within one year before the filing of the petition for rehabilitation. Principal officers and directors shall not be entitled to the benefit of this priority except as otherwise approved by the liquidator and the court. Such priority shall be in lieu of any other similar priority which may be authorized by law as to wages or compensation of employees; (5) CLASS 5. Claims under nonassessable policies for unearned premium or other premium refunds and claims of general creditors, including claims of ceding and assuming companies in their capacity as such; (6) CLASS 6. Claims of any state or local government except those under Class 2. Claims, including those of any governmental body for a penalty or forfeiture, shall be allowed in this class only to the extent of the pecuniary loss sustained from the act, transaction, or proceeding out of which the penalty or forfeiture arose with reasonable and actual costs occasioned thereby. The remainder of such claims shall be postponed to the class of claims established under paragraph (9) of this Code section; (7) CLASS 7. Claims filed late or any other claims other than claims under paragraphs (8) and (9) of this Code section; (8) CLASS 8. Surplus or contribution notes or similar obligations and premium refunds on assessable policies. Payments to members of domestic mutual insurance companies shall be limited in accordance with law; and (9) CLASS 9. The claims of shareholders or other owners in their capacity as shareholders. SECTION 4. Article 11 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to drug-free workplace programs, is amended by

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striking Code Section 34-9-412, relating to insurance premium discounts, and inserting in lieu thereof the following: 34-9-412. If an employer implements a drug-free workplace program substantially in accordance with Code Section 34-9-413, the employer shall qualify for certification for a premium discount under such employer's workers' compensation insurance policy as provided in Code Section 33-9-40.2. SECTION 5. Section 3 of this Act shall apply to all claims filed in any proceeding to liquidate an insurer which proceeding is pending on July 1, 1997, or which is commenced on or after July 1, 1997. SECTION 6. This Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. HEALTH EYE CARE; PATIENT ACCESS; PROVIDER PARTICIPATION IN BENEFIT PLAN. Code Title 31, Chapter 1 Amended. No. 486 (Senate Bill No. 254). AN ACT To amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide for certain duties of health care insurers when eye care benefits are included in a health benefit plan; to provide a short title; to provide civil relief and remedies for certain violations; to define certain terms; 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 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, is amended by designating Code Section 31-1-1 through 31-1-8 as Article 1.

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SECTION 2. Said chapter is further amended by striking paragraph (1) of subsection (e) of Code Section 31-1-3.1, relating to reports of disabled newborns, and inserting in its place the following: (1) Maintain records of reports, notifications, and referrals made under this article; and SECTION 3. Said chapter is further amended by adding at the end a new article to read as follows: ARTICLE 2 31-1-20. This article shall be known and may be cited as the `Patient Access to Eye Care Act.' 31-1-21. As used in this article, the term: (1) `Covered person' means an individual enrolled in a health benefit plan or an eligible dependent thereof. (2) `Covered services' means those health care services which a health care insurer is obligated to pay for or provide to a covered person under a health benefit plan. (3) `Eye care' shall mean those health care services and materials related to the care of the eye and related structures and vision care services which a health care insurer is obligated to pay for or provide to covered persons under the health benefit plan. (4) `Health benefit plan' means any public or private health plan, program, policy, or agreement implemented in this state which provides health benefits to covered persons, including but not limited to payment and reimbursement for health care services. (5) `Health care insurer' means an entity, including but not limited to insurance companies, hospital service nonprofit corporations, nonprofit medical service corporations, health care corporations, health maintenance organizations, and preferred provider organizations, authorized by the state to offer or provide health benefit plans, programs, policies, subscriber contracts, or any other agreement of a similar nature which compensate or indemnify health care providers for furnishing health care services. 31-1-22. (a) A health care insurer providing a health benefit plan which includes eye care benefits shall:

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(1) Not set professional fees or reimbursement for the same eye care services as defined by established CPT codes in a manner that discriminates against an individual eye care provider or a class of eye care providers; (1.1) Not preclude a covered person who seeks eye care from obtaining such service directly from a provider on the health benefit plan provider panel who is licensed to provide eye care; (2) Not promote or recommend any class of providers to the detriment of any other class of providers for the same eye care service; (3) Ensure that all eye care providers on a health benefit plan provider panel are included on any publicly accessible list of participating providers for the plan; (4) Allow each eye care provider on a health benefit plan provider panel, without discrimination between classes of eye care providers, to furnish covered eye care services to covered persons to the extent permitted by such provider's licensure; (5) Not require any eye care provider to hold hospital privileges or impose any other condition or restriction for initial admittance to a provider panel not necessary for the delivery of eye care upon such providers which would have the effect of excluding an individual eye care provider or class of eye care providers from participation on the health benefit plan; and (6) Include optometrists and ophthalmologists on the health benefit plan provider panel in a manner that ensures plan enrollees timely access and geographic access. (b) Nothing in this Code section shall preclude a covered person from receiving eye care or other covered services from the covered person's personal physician in accordance with the terms of the health benefit plan. (c) A person adversely affected by a violation of this Code section by a health care insurer may bring an action in a court of competent jurisdiction for injunctive relief against such insurer and, upon prevailing, in addition to any injunctive relief that may be granted, shall recover from such insurer damages of not more than $100.00 and attorney's fees and costs. (d) Nothing in this Code section requires a health benefit plan to include eye care benefits. 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 May 1, 1997.

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ALCOHOLIC BEVERAGES RETAIL PACKAGE LIQUOR LICENSED PLACES OF BUSINESS; DISTANCE BETWEEN LOCATIONS OF LICENSEES. Code Section 3-4-49 Amended. No. 487 (House Bill No. 500). AN ACT To amend Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, so as to provide that no county or municipality shall permit the location of certain licensed retail package liquor businesses within 500 yards of another such business; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 3-4-49 of the Official Code of Georgia Annotated, relating to the adoption of rules and regulations by counties or municipalities relating to business engaged in the manufacture, sale, or distribution of alcohol or alcoholic beverages, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) A municipality or county may adopt all reasonable rules and regulations, consistent with this title, as may fall within the police powers of the municipality or county to regulate any business described in this chapter; provided, however, that on and after July 1, 1997, no municipality or county shall authorize the location of a new retail package liquor licensed palce of business or the relocation of an existing retail package liquor licensed place of business engaged in the retail package sales of distilled spirits within 500 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. The restriction provided for in this subsection shall not apply at any location for which a license has been issued prior to July 1, 1997, nor to the renewal of such license. Nor shall the restriction of this subsection apply to any location for which a new license is applied for if the sale of distilled spirits was lawful at such location at any time during the 12 months immediately preceding such application.

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SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealted. Approved May 1, 1997. HIGHWAYS, BRIDGES, AND FERRIES MASS TRANSPORTATION; DESIGNATED TRAVEL LANES ON ROADS; ALTERNATIVE FUELED VEHICLES; SPECIAL LICENSE PLATES. Code Section 32-9-4 Amended. Code Section 40-2-76 Enacted. No. 488 (Senate Bill No. 116). AN ACT To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to change provisions relating to designation and use of travel lanes; to provide for the use of certain designated vehicle lanes by motor vehicles propelled with alternative fuel; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to provide for the registration and licensing of alternative fuel motor vehicles; 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 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by striking Code Section 32-9-4, relating to designation and use of travel lanes, and inserting in lieu thereof the following: 32-9-4. (a) The department is authorized to designate travel lanes in each direction of travel on any road in the state highway system for the exclusive or preferential use of: (1) Buses; (2) Motorcycles; (3) Passenger vehicles occupied by two persons or more;

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(4) Vehicles bearing alternative fueled vehicle license plates issued under Code Section 40-2-76; or (5) Other vehicles as designated by the department. Where such designation has been made, the road shall be appropriately marked with such signs or other roadway markers and markings to inform the traveling public of the lane restrictions imposed. (b) No driver of any vehicle not authorized to be operated in a lane designated and signed for exclusive use shall operate such vehicle in such lane except to execute turning movements or in an emergency situation. Any person who violates this subsection shall be guilty of a misdemeanor, punishable as provided for in Code Section 40-6-54. (c) No traffic lane shall be designated and signed for exclusive use pursuant to subsection (a) of this Code section without the approval of the State Transportation Board. (d) The department is authorized to promulgate necessary rules and regulations in order to carry out the purposes of this Code section. SECTION 2. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking Code Section 40-2-76, which reads as follows: 40-2-76. Reserved., and inserting in lieu thereof the following: 40-2-76. (a) As used in this Code section, the term: (1) `Alternative fuel' means methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more or such other percentage, but not less than 70 percent, as determined by the United States secretary of energy, by rule as it existed on January 1, 1997, to provide for requirements relating to cold start, safety, or vehicle functions, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; natural gas; liquefied petroleum gas; hydrogen; coal derived liquid fuels; fuels other than alcohol derived from biological materials; electricity including electricity from solar energy; and any other fuel the United States secretary of energy determined by rule as it existed on January 1, 1997, is substantially not petroleum and would yield substantial energy security benefits and substantial environmental benefits.

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(2) `Alternative fueled vehicle' means any vehicle fueled by alternative fuel as defined in paragraph (1) of this subsection. (b) Subject to subsection (d) of this Code section, the commissioner shall design a special license plate to be issued for alternative fueled vehicles, which license plate shall be similar in design to the license plate issued to all other residents of the state except that the commissioner shall place a distinctive logo or emblem immediately to the left of the letters and numbers on the license plate which shall distinguish the vehicle as an alternative fueled vehicle eligible to travel in travel lanes designated for such vehicles under paragraph (4) of subsection (a) of Code Section 32-9-4. The words `alternative fueled vehicle' shall be imprinted on such special license plate in lieu of the county name decal. (c) Any resident motor vehicle owner desiring a special alternative fueled vehicle license plate shall submit to the commissioner a completed application from for such vehicle. If the alternative fuel used by a vehicle is electricity, including without limitation electricity from solar energy, the applicant shall submit a $50.00 highway user fee in addition to the regular motor vehicle registration fee. Upon complying with the motor vehicle registration and licensing laws and the requirements of this subsection and subject to subjection (d) of this Code section, a resident motor vehicle owner shall be issued a special license plate under this Code section. (d) The commissioner shall retain all applications received for alternative fueled vehicle license plates until a minimum of 500 applications have been received. After receipt of 500 applications for an alternative fueled vehicle license plate, the commissioner will then design an alternative fueled vehicle license plate. If the commissioner does not receive the required minimum of 500 applications no later than July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any applications for such license plates and all fees shall be refunded to applicants. (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; provided, however, that such a special license plate for an alternative fueled vehicle fueled by electricity, including without limitation electricity from solar energy, shall not be renewed without payment of an additional $50.00 annual highway user fee for each such renewal, 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. (f) Notwithstanding the provisions of Code Section 40-2-131, the funds derived from the additional $50.00 annual registration fee provided by this Code section shall be transmitted from the commissioner of revenue to the treasurer of the Department of Transportation to be used to

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defray the expense of enforcing the designated travel lanes and to be used for highway maintenance purposes in addition to any sums appropriated therefor to the department. (g) The commissioner shall promulgate such rules and regulations as may be necessary to ensure that an applicant complies with all motor vehicle registration and licensing laws prior to issuance of a special license plate under this Code section. 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. (h) Special license plates issued under this Code section shall not be transferred between vehicles as provided for in Code Section 40-2-80. SECTION 3. This Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. DOMESTIC RELATIONSMARRIAGE; CEREMONIES PERFORMED BY JUDGES; APPLICATION SUPPLEMENT-MARRIAGE REPORTS AND FORMS. Code Title 19, Chapter 3, Article 2 Amended. Code Title 31, Chapter 10 Amended. No. 489 (House Bill No. 689). AN ACT To amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, and Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to authorize federal judges to perform marriage ceremonies; to provide for an application supplement-marriage report form in connection with each marriage license; to provide for such form's content, preparation, transmission to vital records, and amendment; to provide that such forms need not be retained by the probate court; to provide for limited exceptions; to provide for confidentiality of such forms while in the temporary custody of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, is amended by striking subsection (c) of Code Section 19-3-30, relating to the issuance, return, and recording of marriage licenses, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The license shall be directed to any judge, including judges of state and federal courts of record in this state, city recorder, magistrate, minister, or other person of any religious society or sect authorized by the rules of such society to perform the marriage ceremony; such license shall authorize the marriage of the persons therein named and require the judge, city recorder, magistrate, minister, or other authorized person to return the license to the judge of the probate court with the certificate thereon as to the fact and date of marriage within 30 days after the date of the marriage. The license with the return thereon shall be recorded by the judge in a book kept by such judge for that purpose. SECTION 2. Said article is further amended by striking in its entirety Code Section 19-3-33, relating to applications for marriage licenses, and inserting in its place the following: 19-3-33. (a) A marriage license shall be issued on written application therefor, made by the persons seeking the license, verified by oath of the applicants. The application shall state that there is no legal impediment to the marriage and shall give the full present name of the proposed husband and the full present name of the proposed wife with their dates of birth, their present addresses, and the names of the father and monther of each, if known. If the names of the father or mother of either are unknown, the application shall so state. (b) An application supplement-marriage report shall be prepared in connection with each marriage license. Except for the information in paragraph (3) of this subsection, the application supplement-marriage report shall be completed as a part of each application for a marriage license. The application supplement-marriage report shall state, at a minimum, the following: (1) The full name, date of birth, and social security number for each applicant; (2) The number this marriage would be for each applicant; and (3) After the ceremonial marriage has been performed, the date of the marriage ceremony and the county where the marriage ceremony occurred.

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SECTION 3. Said article is further amended by striking in its entirety Code Section 19-3-34, relating to filing and use of the application as evidence, and inserting in lieu thereof the following: 19-3-34. (a) Except as provided in subsection (b) of this Code section, the application for a marriage license shall be filed in the office of the judge of the probate court before a marriage license shall be issued and shall remain in the permanent files in the office of the judge. It may be used as evidence in any court of law under the rules of evidence made and provided in similar cases. (b) The application supplement-marriage report form provided for in Code Section 19-3-33 shall be transmitted to the state registrar pursuant to Code Section 31-10-21. No original or duplicate application supplement-marriage report form need be retained by any official or employee of the probate court beyond the time required for transmission to the state registrar of vital records and confirmation of such transmission and receipt. While in the temporary custody of the probate court, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law. SECTION 4. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-21, relating to records of marriage licenses, and inserting in lieu thereof the following: 31-10-21. (a) A record of each marriage performed in this state shall be filed with the department and shall be registered if it has been completed and filed in accordance with this Code section. (b) The official who issues the marriage license shall cause to be prepared the record on the application supplement-marriage report form, including at a minimum the information set out in subsection (b) of Code Section 19-3-33, upon the basis of information obtained from both of the parties to be married. (c) A person who performs a marriage shall certify the fact of marriage and return the license to the official who issued the license within ten days after the ceremony. The license shall be completed as prescribed by regulations of the department. (d) Every official issuing marriage licenses shall complete and forward to the department on or before the tenth day of each calendar month an application supplement-marriage report form for each marriage license

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returned to such official during the preceding calendar month. Such forms may be transmitted in the form of paper or electronically. (e) The official issuing a marriage license shall keep the original of the application and license for the county records from which the offical may issue certified copies, but need not retain the prepared application supplement-marriage report forms except to the extent necessary for transmission of such forms to the registrar and confirmation of transmission or receipt. (f) In addition to the fee provided by Code Section 15-9-60, the official shall be entitled to a filing fee of $1.00 to be paid by the applicant upon application for the marriage license. SECTION 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 31-10-23, relating to amendment of certificates or reports, and inserting in lieu thereof the following: (a) Unless otherwise specified by law, a certificate or report registered under this chapter may be amended in accordance with this chapter and regulations adopted by the department to protect the integrity and accuracy of vital records. Such regulations shall specify the minimum evidence required for a change in any certificate or report. Amendments to birth certificates, death certificates, and application supplement-marriage reports shall be completed by the department and a copy mailed to the proper local custodian, if any. Amendments to applications for a marriage license or the license shall be completed by the judge of the probate court of the county in which the license was issued. An amendment to divorce reports shall be completed by the clerk of the superior court of the county in which the decree was granted. SECTION 6. Said chapter is further amended by striking in its entirety subsection (f) of Code Section 31-10-25, relating to disclosure of information in vital records and transfer of records to State Archives, and inserting in lieu thereof the following: (f) Official copies of records of deaths, applications for marriages and marriage certificates, divorces, dissolutions of marriages, and annulments located in the counties shall remain accessible to the public. While in the temporary custody of the probate court before transmission to the state registrar or confirmation of transmission or receipt, application supplement-marriage report forms shall not be available for public inspection or copying or admissible in any court of law.

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SECTION 7. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Approved May 1, 1997. SOCIAL SERVICES MEDICAL ASSISTANCE; PROVIDERS BARRED FOR CERTAIN CONVICTIONS; MEDICAID FRAUD FORFEITURE. Code Section 49-4-146.1 Amended. Code Section 49-4-146.3 Enacted. No. 490 (House Bill No. 377). AN ACT To amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the Georgia Medical Assistance Act of 1977, so as to provide that the Department of Medical Assistance may bar a provider which is not a natural person from participating in such Act if such provider or certain agents or employees have been convicted of violating such Act; to provide an exception; to provide that the department shall bar a provider who is a natural person under the same conditions; to enact the Medicaid Fraud Forfeiture Act of 1997; to provide a statement of findings and intent; to provide that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state by an action brought by the state under this Act; to provide for definitions; to exempt cases involving alleged fraud by Medicaid recipients; to provide for procedures for a Medicaid fraud forfeiture action; to provide for the authority of the court upon a judgment of forfeiture; to provide for the filing of actions and the practices, procedures, time limits, and notices related thereto; to provide for jurisdiction; to provide for compromise and settlement; to provide for seizure and disposition of property, rights therein, and proceeds derived therefrom; to provide that court orders for seizure shall include conditions to ensure the safety of recipients or patients who may be affected by the warrant; to provide for liens and the filing, enforcement, and release thereof; to provide that certain rented or leased vehicles are not subject to forfeiture; to provide procedures in connection therewith; to provide for duties and powers of law enforcement officers, sheriffs, and prosecuting attorneys; to provide for the service of process and notices; to provide that certain property taken or detained is not subject to replevin, conveyance, sequestration, or attachment; to provide for the consolidation of actions; to provide for bonds; to provide for the seizure, storage, use, and retention of property; to provide for inventory and estimates of value; to provide for claims, hearings, and the determination of rights and interest in property; to provide for temporary restraining orders; to provide for the sale or other disposition of property or interest therein; to provide for applicability with respect to certain property; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the Georgia Medical Assistance Act of 1977, is amended by striking subsections (f) and (g) of Code Section 49-4-146.1, relating to unlawful acts regarding medical assistance, and inserting in their respective places the following: (f) The department may refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or terminate the participation of any provider other than a natural person if that provider or any person with an ownership or control interest or any agent or managing employee of such provider has been convicted of: (1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended. In making a decision pursuant to this subsection, the department shall consider the facts and circumstances of the specific case, including but not limited to the nature and severity of the crime and the extent to which it adversely affected beneficiaries and the program involved. (g) The department shall refuse to accept a statement of participation, deny a request for reinstatement, refuse to exercise its option to renew a statement of participation, or terminate the participation of any provider who is a natural person if that provider or any agent or managing employee of such provider has been convicted of: (1) Violating subsection (b) of this Code section; or (2) Committing any other criminal offense related to any program administered under Title XVIII, XIX, or XX of the Social Security Act of 1935, as amended. (h) The department shall reinstate a provider whose participation in the medical assistance program was terminated pursuant to subsection (f) or (g) of this Code section if the conviction upon which the termination was based is reversed or vacated.

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SECTION 1.1. Sections 2 and 3 of this Act shall be known and may be cited as the Medicaid Fraud Forfeiture Act of 1997. SECTION 2. The General Assembly finds that substantial financial losses to the state are being caused by acts of fraud directed at the Department of Medical Assistance and that there is a need to enhance the ability of the state to recover property and proceeds obtained through Medicaid fraud. It is the intent of this legislation to provide a legal mechanism for the seizure and forfeiture to the state of property and proceeds obtained through acts of fraud committed to obtain medical assistance benefits or payments under Article 7 of Chapter 4 of Title 49. SECTION 3. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the Georgia Medical Assistance Act of 1977, is amended by adding between Code Sections 49-4-146.2 and 49-4-147 a new Code Section 49-4-146.3 to read as follows: 49-4-146.3. (a) As used in this Code section, the term: (1) `Costs' means, but is not limited to: (A) All expenses associated with the seizure, towing, storage, maintenance, custody, preservation, operation, or sale of the property; and (B) Satisfaction of any security interest or lien not subject to forfeiture under this Code section. (2) `Court costs' means, but is not limited to: (A) All court costs, including the costs of advertisement, transcripts, and court reporter fees; and (B) Payment of receivers, conservators, appraisers, accountants, or trustees appointed by the court pursuant to this Code section. (3) `Interest holder' means a secured party within the meaning of Code Section 11-9-105 or the beneficiary of a perfected encumbrance pertaining to an interest in property. (4) `Medicaid fraud' means: (A) A violation of Code Section 49-4-146.1; or (B) A violation relating to the obtaining of medical assistance benefits or payments under this article of any provision of:

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(i) Chapter 8 of Title 16, relating to offenses involving theft; (ii) Code Section 16-10-20, relating to false statements and writings, concealment of facts, and fraudulent documents in matters within jurisdiction of state or political subdivisions; or (iii) Code Section 16-10-21, relating to conspiracy to defraud the state or its political subdivisions. (5) `Owner' means a person, other than an interest holder, who has an interest in property and is in compliance with any statute requiring its recordation or reflection in public records in order to perfect the interest against a bona fide purchaser for value. (6) `Proceeds' means property derived from or realized through, directly or indirectly Medicaid fraud, and includes property of any kind without reduction for expenses incurred for acquisition, maintenance, or any other purpose. (7) `Property' means anything of value and includes any interest in anything of value, including real property and any fixtures thereon, and tangible and intangible personal property, including but not limited to currency, instruments, securities, or any kind of privilege, interest, claim, or right. (8) `Prosecutor' means a district attorney or his or her designee or the Attorney General or his or her designee. (b) All property and proceeds obtained by a person or entity through or as a result of Medicaid fraud in the provision of services or equipment under this article are subject to forfeiture to the state by a Medicaid fraud forfeiture action brought by the state in accordance with this Code section. This Code section shall not apply to cases involving alleged fraud by Medicaid recipients in obtaining medical assistance benefits. (c) A Medicaid fraud forfeiture proceeding shall be initiated by a complaint filed in the name of the State of Georgia and may be brought in the case of: (1) An in rem action, by the prosecutor in the county in which the property is located or seized; or (2) An in personam action, by the prosecutor in the county in which the defendant resides. (d)(1) An action pursuant to this Code section may be commenced before or after the seizure of property. (2) Any Medicaid fraud forfeiture action filed under this Code section shall be limited to a civil action. (e) A property interest shall not be subject to forfeiture under this Code section if the owner of such interest or interest holder establishes that the owner or interest holder:

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(1) Is not legally accountable for the conduct giving rise to its forfeiture, did not consent to it, and did not know and there is no reason why he or she should have known of the conduct or that it was likely to occur; (2) Had not acquired and did not stand to acquire substantial proceeds from the conduct giving rise to its forfeiture other than as an interest holder in an arm's length commercial transaction; (3) With respect to conveyances for transportation only, did not hold the property jointly, in common, or in community with a person whose conduct gave rise to its forfeiture; (4) Does not hold the property for the benefit of or as nominee for any person whose conduct gave rise to its forfeiture, and, if the owner or interest holder acquired the interest through any such person, the owner or interest holder acquired it as a bona fide purchaser for value without knowingly taking part in an illegal transaction; and (5) Acquired the interest: (A) Before the completion of the conduct giving rise to its forfeiture, and the person whose conduct gave rise to its forfeiture did not have the authority to convey the interest to a bona fide purchaser for value at the time of the conduct; or (B) After the completion of the conduct giving rise to its forfeiture: (i) As a bona fide purchaser for value without knowingly taking part in an illegal transaction; (ii) Before the filing of a lien on it and before the effective date of a notice of pending forfeiture relating to it and without notice of its seizure for forfeiture under this article; and (iii) At the time the interest was acquired, was reasonably without cause to believe that the property was subject to forfeiture or likely to become subject to forfeiture under this article. Upon the request of the owner or interest holder, for good cause shown, the court shall hold an expedited hearing to determine whether the property is subject to forfeiture under this Code section. (f) A rented or leased vehicle shall not be subject to forfeiture unless it is established in forfeiture proceedings that the owner of the rented or leased vehicle is legally accountable for the conduct which would otherwise subject the vehicle to forfeiture, consented to the conduct, or knew or reasonably should have known of the conduct or that it was likely to occur. Upon learning of the address or phone number of the company which owns any rented or leased vehicle which is present at the scene of an arrest or other action taken pursuant to this Code section, the duly authorized authorities shall immediately contact the company

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to inform it that the vehicle is available for the company to take possession. (g) Property which is subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or of any political subdivision thereof who has power to make arrests or execute process or a search warrant issued by any court having jurisdiction over the property. A search warrant authorizing seizure of property which is subject to forfeiture pursuant to this Code section may be issued at an ex parte hearing before a superior court judge of a county where the forfeiture action may be brought demonstrating that probable cause exists for its forfeiture or that the property has been the subject of a previous final judgment of forfeiture in the courts of this state, any other state, or the United States. The court may order that the property be seized on such terms and conditions as are reasonable. In entering any such seizure order, the court shall determine that appropriate conditions are included to ensure the physical safety and well-being of any recipients or patients who may be affected by such warrant. The property owner or interest holder, within ten days of the seizure of property taken pursuant to a search warrant, may make a written demand to the court with notice to the prosecutor for a hearing to determine if probable cause still exists for the seized property to be subject to forfeiture pursuant to this Code Section. Said hearing shall be held within 20 days of said demand unless continued by the court for good cause. (h) (1) When property is seized pursuant to this article, the sheriff or law enforcement officer seizing the same shall report the fact of seizure, in writing, within 20 days thereof to the prosecutor of the judicial circuit having jurisdiction in the county where the seizure was made. (2) Within 30 days from the date of seizure, a complaint for forfeiture shall be initiated as provided for in subsection (n), (o), or (p) of this Code section. (3) If the state fails to initiate forfeiture proceedings against property seized for forfeiture by notice of pending forfeiture within the time limits specified in paragraphs (1) and (2) of this subsection, the property must be released on the request of an owner or interest holder, pending further proceedings pursuant to this Code section, unless the property is being held as evidence. (i) (1) Seizure of property by a law enforcement officer constitutes notice of such seizure to any person who was present at the time of seizure who may assert an interest in the property. (2) When property is seized pursuant to this article, the prosecutor or the sheriff or law enforcement officer seizing the same shall give notice of the seizure to any owner or interest holder who is not present

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at the time of seizure by personal service, publication, or the mailing of written notice: (A) If the owner's or interest holder's name and current address are known, by either personal service or mailing a copy of the notice by certified mail to that address; (B) If the owner's or interest holder's name and address are required by law to be on record with a government agency to perfect an interest in the property but the owner's or interest holder's current address is not known, by mailing a copy of the notice by certified mail, return receipt requested, to any address on the record; or (C) If the owner's or interest holder's address is not known and is not on record as provided in subparagraph (B) of this paragraph or the owner's or interest holder's interest is not known, by publication in two consecutive issues of a newspaper of general circulation in the county in which the seizure occurs. (3) Notice of seizure must include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, and the violation of law alleged. (j) A prosecutor may file, without a filing fee, a lien for forfeiture of property upon the initiation of any civil proceeding under this article or upon seizure for forfeiture. The filing constitutes notice to any person claiming an interest in the property owned by the named person. The filing shall include the following: (1) The lien notice must set forth: (A) The name of the person and, in the discretion of the state, any alias and any corporations, partnerships, trusts, or other entities, including nominees, that are either owned entirely or in part or controlled by the person; and (B) The description of the property, the civil proceeding that has been brought under this article, the amount claimed by the state, the name of the court where the proceeding or action has been brought, and the case number of the proceeding or action if known at the time of filing; (2) A lien under this subsection applies to the described property and to one named person and to any aliases, fictitious names, or other names, including names of corporations, partnerships, trusts, or other entities, that are either owned entirely or in part or controlled by the named person and any interest in real property owned or controlled by the named person. A separate lien for forfeiture of property must be filed for any other person;

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(3) The lien creates, upon filing, a lien in favor of the state as it relates to the seized property or to the named person or related entities with respect to said property. The lien secures the amount of potential liability for civil judgment and, if applicable, the fair market value of seized property relating to all proceedings under this article enforcing the lien. The forfeiture lien referred to in this subsection must be filed in accordance with the provisions of the laws in this state pertaining to the type of property that is subject to the lien. The state may amend or release, in whole or in part, a lien filed under this subsection at any time by filing, without a filing fee, an amended lien in accordance with this subsection which identifies the lien amended. The state, as soon as practical after filing a lien, shall furnish to any person named in the lien a notice of the filing of the lien; (4) Upon entry of judgment in favor of the state, the state may proceed to execute on the lien as in the case of any other judgment; (5) A trustee, constructive or otherwise, who has notice that a lien for forfeiture of property, a notice of pending forfeiture, or a civil forfeiture proceeding has been filed against the property or against any person or entity for whom the person holds title or appears as the owner of record shall furnish, within ten days, to the prosecutor or the prosecutor's designee the following information: (A) The name and address of the person or entity for whom the property is held; (B) The names and addresses of all beneficiaries for whose benefit legal title to the seized property, or property of the named person or related entity, is held; and (C) A copy of the applicable trust agreement or other instrument, if any, under which the trustee or other person holds legal title or appears as the owner of record of the property; and (6) A trustee, constructive or otherwise, who fails to comply with this subsection shall be guilty of a misdemeanor. (k) Property taken or detained under this Code section is not subject to replevin, conveyance, sequestration, or attachment. The seizing law enforcement agency or the prosecutor may authorize the release of the property if the forfeiture or retention is unnecessary or may transfer the action to another agency or prosecutor by discontinuing forfeiture proceedings in favor of forfeiture proceedings initiated by the other law enforcement agency or prosecutor. An action under this Code section may be consolidated with any other action or proceeding under this article relating to the same property on motion by an interest holder and must be so consolidated on motion by the prosecutor in either proceeding or action. The property is deemed to be in the custody of the State

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of Georgia subject only to the orders and decrees of the superior court having jurisdiction over the forfeiture proceedings. (1)(1) If property is seized under this article, the prosecutor may: (A) Remove the property to a place designated by the superior court having jurisdiction over the forfeiture proceeding; (B) Place the property under constructive seizure by posting notice of pending forfeiture, by giving notice of pending forfeiture to its owners and interest holders, or by filing notice of seizure in any appropriate public record relating to the property; (C) Remove the property to a storage area, within the jurisdiction of the court, for safekeeping or, if the property is a negotiable instrument or money and is not needed for evidentiary purposes, the prosecutor may authorize its being deposited in an interest-bearing account in a financial institution in this state. Any accrued interest shall follow the principal in any judgment with respect thereto; (D) Provide for another governmental agency, a receiver appointed by the court pursuant to Chapter 8 of Title 9, an owner, or an interest holder to take custody of the property and remove it to an appropriate location within the county where the property was seized; or (E) Require the sheriff or chief of police of the political subdivision where the property was seized to take custody of the property and remove it to an appropriate location for disposition in accordance with law. (2) If any property which has been attached or seized pursuant to this Code section is perishable or is liable to perish, waste, or be greatly reduced in value by keeping or if the expense of keeping the same is excessive or disproportionate to the value thereof, the court, upon motion of the state, a claimant, or the custodian, may order the property or any portion thereof to be sold upon such terms and conditions as may be prescribed by the court; and the proceeds shall be paid into the registry of the court pending final disposition of the action. (m) As soon as possible, but not more than 30 days after the seizure of property, the seizing law enforcement agency shall conduct an inventory and estimate the value of the property seized. (n) If the estimated value of personal property seized is $25,000.00 or less, the prosecutor may elect to proceed under the provisions of this subsection in the following manner: (1) Notice of the seizure of such property shall be posted in a prominent location in the courthouse of the county in which the

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property was seized. Such notice shall include a description of the property, the date and place of seizure, the conduct giving rise to forfeiture, a statement that the owner of such property has 30 days within which a claim must be filed, and the violation of law alleged; (2) A copy of the notice, which shall include a statement that the owner of such property has 30 days within which a claim must be filed, shall be served upon an owner, interest holder, or person in possession of the property at the time of seizure as provided in subsection (i) of this Code section and shall be published for at least three successive weeks in a newspaper of general circulation in the county where the seizure was made; (3) The owner or interest holder may file a claim within 30 days after the second publication of the notice of forfeiture by sending the claim to the seizing law enforcement agency and to the prosecutor by certified mail, return receipt requested; (4) The claim must be signed by the owner or interest holder under penalty of perjury and must substantially set forth: (A) The caption of the proceedings as set forth on the notice of pending forfeiture and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of the transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and (F) The precise relief sought; (5) If a claim is filed, the prosecutor shall file a complaint for forfeiture as provided in subsection (o) or (p) of this Code section within 30 days of the actual receipt of the claim. A person who files a claim shall be joined as a party; and (6) If no claim is filed within 30 days after the second publication of the notice of forfeiture, all right, title, and interest in the property is forfeited to the state and the prosecutor shall dispose of the property as provided in subsection (u) of this Code section. (o) In rem proceedings. (1) In actions in rem, the property which is the subject of the action shall be named as the defendant. The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. Such complaint shall describe the

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property with reasonable particularity; state that it is located within the county or will be located within the county during the pendency of the action; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) A copy of the complaint and summons shall be served on any person known to be an owner or interest holder and any person who is in possession of the property. (A) Service of the complaint and summons shall be as provided in subsections (a), (b), (c), and (d) of Code Section 9-11-4. (B) If real property is the subject of the action or the owner or interest holder is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceeding shall be published once a week for two successive weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom, but shall not constitute notice to an interest holder unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid service. (C) If tangible property which has not been seized is the subject of the action, the court may order the sheriff or another law enforcement officer to take possession of the property. If the character or situation of the property is such that the taking of actual possession is impracticable, the sheriff shall execute process by affixing a copy of the complaint and summons to the property in a conspicuous place and by leaving another copy of the complaint and summons with the person having possession or such person's agent. In cases involving a vessel or aircraft, the sheriff or other law enforcement officer is authorized to make a written request with the appropriate governmental agency not to permit the departure of such vessel or aircraft until notified by the sheriff or the sheriff's deputy that the vessel or aircraft has been released. (3) An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer must

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be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer must substantially set forth: (A) The caption of the proceedings as set forth in the complaint and the name of the claimant; (B) The address at which the claimant will accept mail; (C) The nature and extent of the claimant's interest in the property; (D) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (E) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; and (F) The precise relief sought. (4) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (5) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court with a jury unless waived by the claimant. (6) An action in rem may be brought by the state in addition to or in lieu of any other in rem or in personam action brought pursuant to this article. (p) In personam proceedings. (1) The complaint shall be verified on oath or affirmation by a duly authorized agent of the state in a manner required by the laws of this state. It shall describe with reasonable particularity the property which is sought to be forfeited; state its present custodian; state the name of the owner or interest holder, if known; allege the essential elements of the violation which is claimed to exist; state the place of seizure, if the property was seized; and conclude with a prayer of due process to enforce the forfeiture. (2) Service of the complaint and summons shall be as follows: (A) Except as otherwise provided in this subsection, service of the complaint and summons shall be as provided by subsections (a), (b), (c), and (d) of Code Section 9-11-4; and (B) If the defendant is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two successive

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weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed sufficient notice to any such defendant. (3) A defendant shall file a verified answer within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, a defendant shall file such answer within 30 days of the date of final publication. In addition to complying with the general rules applicable to an answer in civil actions, the answer must contain all of the elements set forth in paragraph (3) of subsection (o) of this Code section. (4) Any interest holder or person in possession of the property may join any action brought pursuant to this subsection as provided by Chapter 11 of Title 9, known as the `Georgia Civil Practice Act.' (5) If at the expiration of the period set forth in paragraph (3) of this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. (6) If an answer is filed, a hearing must be held within 60 days after service of the complaint unless continued for good cause and must be held by the court with a jury unless waived by the claimant. (7) On a determination of liability of a person for conduct giving rise to forfeiture under this Code section, the court must enter a judgment of forfeiture of the property described in the complaint and must also authorize the prosecutor or the prosecutor's agent or any law enforcement officer or peace officer to seize all property ordered to be forfeited which was not previously seized or was not then under seizure. Following the entry of an order declaring the property forfeited, the court, on application of the state, may enter any appropriate order to protect the interest of the state in the property ordered to be forfeited. (q) In conjunction with any civil action brought pursuant to this article: (1) The court, on application of the prosecutor, may enter any restraining order or injunction; require the execution of satisfactory performance bonds; appoint receivers, conservators, appraisers, accountants, or trustees; or take any action to seize, secure, maintain, or preserve the availability of property subject to forfeiture under this article, including issuing a warrant for its seizure and writ of attachment, whether before or after the filing of a complaint for forfeiture; (2) A temporary restraining order under this Code section may be entered on application of the prosecutor, without notice or an opportunity for a hearing, if the prosecutor demonstrates that: (A) There is probable cause to believe that the property with respect to which the order is sought, in the event of final judgment or conviction, would be subject to forfeiture under this article; and

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(B) Provision of notice would jeopardize the availability of the property for forfeiture; (3) Notice of the entry of a restraining order and an opportunity for a hearing must be afforded to persons known to have an interest in the property. The hearing must be held at the earliest possible date consistent with the date set in subsection (b) of Code Section 9-11-65 and is limited to the issues of whether: (A) There is a probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the property's being destroyed, conveyed, encumbered, removed from the jurisdiction of the court, concealed, or otherwise made unavailable for forfeiture; and (B) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any owner or interest holder against whom the order is to be entered; (4) If property is seized for forfeiture or a forfeiture lien is filed without a previous judicial determination of probable cause or order of forfeiture or a hearing under paragraph (2) of this subsection, the court, on an application filed by an owner of or interest holder in the property within 30 days after notice of its seizure or lien or actual knowledge of such seizure or lien, whichever is earlier, and complying with the requirements for an answer to an in rem complaint, and after five days' notice to the prosecutor of the judicial circuit where the property was seized or, in the case of a forfeiture lien, to the prosecutor filing such lien, may issue an order to show cause to the seizing law enforcement agency for a hearing on the sole issue of whether probable cause for forfeiture of the property then exists. The hearing must be held within 30 days unless continued for good cause on motion of either party. If the court finds that there is no probable cause for forfeiture of the property, the property must be released pending the outcome of a judicial proceeding which may be filed pursuant to this Code section; and (5) The court may order property that has been seized for forfeiture to be sold to satisfy a specified interest of any interest holder, on motion of any party, and after notice and a hearing, on the conditions that: (A) The interest holder has filed a proper claim and: (i) Is authorized to do business in this state and is under the jurisdiction of a governmental agency of this state or of the United States which regulates financial institutions, securities, insurance, or real estate; or (ii) Has an interest that the prosecutor has stipulated is exempt from forfeiture;

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(B) The interest holder must dispose of the property by commercially reasonable public sale and apply the proceeds first to its interest and then to its reasonable expenses incurred in connection with the sale or disposal; and (C) The balance of the proceeds, if any, must be returned to the actual or constructive custody of the court, in an interest-bearing account, subject to further proceedings under this Code section. (r) An acquittal or a dismissal or a conviction in any criminal proceeding, either by a verdict or a plea of guilty or nolo contendere, shall be admissible in evidence in any proceeding pursuant to this Code section. (s) In hearings and determinations pursuant to this Code section: (1) The court may receive and consider, in making any determination of probable cause or reasonable cause, all evidence admissible in determining probable cause at a preliminary hearing or by a magistrate pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and (2) There is a rebuttable presumption that any property of a person is subject to forfeiture under this Code section if the state establishes probable cause to believe that: (A) The person has engaged in conduct giving rise to forfeiture; (B) The property was acquired by the person during the period of the conduct giving rise to forfeiture or within a reasonable time after the period; and (C) There was no likely source for the property other than the conduct giving rise to forfeiture. (t)(1) All property declared to be forfeited under this Code section vests in this state at the time of commission of the conduct giving rise to forfeiture together with the proceeds of the property after that time. Any property or proceeds transferred later to any person remain subject to forfeiture and thereafter must be ordered to be forfeited unless the transferee claims and establishes in a hearing under this Code section that the transferee is a bona fide purchaser for value and the transferee's interest is exempt under subsection (e) of this Code section. (2) On entry of judgment for a person claiming an interest in the property that is subject to proceedings to forfeit property under this Code section, the court shall order that the property or interest in property be released or delivered promptly to that person free of liens and encumbrances, as provided under this article. (3) The court is authorized to order a claimant who files a frivolous claim to pay the reasonable costs relating to the disproving of the

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claim which were incurred by the state, including costs for investigation, prosecution, and attorney's fees. (u)(1) The court may, after judgment of forfeiture, make any of the following orders for disposition of the property: (A) Judicial sale of the property; (B) Retention of the property by any party having a property interest therein, as such interest is described in subsection (e) of this Code section, upon payment or approval of a plan for payment into court of the value of any forfeited interest in the property. The plan may include, in the case of a party having such a property interest who holds a lien on or security interest in the property, the sale of the property by any such party under such terms and conditions as may be prescribed by the court and the payment into court of any proceeds from such sale over and above the amount necessary to satisfy the lien or security interest; or (C) Destruction of any contraband, the possession of which is illegal. (2) The proceeds from any judicial sale or payments from a party having a property interest as described in paragraph (1) of this subsection shall be delivered to the Department of Medical Assistance. The proceeds shall then be disbursed in accordance with the requirements of federal law. (v) An acquittal or dismissal in a criminal proceeding does not preclude civil proceedings under this article, provided that no property shall be forfeited after an acquittal or dismissal in a criminal proceeding unless the state obtains a civil judgment for forfeiture under this article. (w) For good cause shown, the court may stay civil forfeiture proceedings during the criminal trial resulting from a related indictment or information alleging a violation of this article. (x)(1) The court shall order the forfeiture of any property of a claimant or defendant up to the value of property found by the court to be subject to forfeiture under the provisions of this Code section if any of the forfeited property: (A) Cannot be located; (B) Has been transferred or conveyed to, sold to, or deposited with a third party; (C) Is beyond the jurisdiction of the court; (D) Has been substantially diminished in value while not in the actual physical custody of the receiver or governmental agency directed to maintain custody of the property; or

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(E) Has been commingled with other property that cannot be divided without difficulty. (2) In addition to any other remedy provided for by law, a prosecutor on behalf of the state may institute an action in any court of this state or of the United States or any of the several states against any person acting with knowledge or any person to whom notice of a lien for forfeiture of property has been provided in accordance with subsection (j) of this Code section; to whom notice of seizure has been provided in accordance with subsection (i) of this Code section; or to whom notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section has been provided, if property subject to forfeiture is conveyed, alienated, disposed of, or otherwise rendered unavailable for forfeiture after the filing of a forfeiture lien notice or notice of seizure or after the filing and notice of a civil proceeding alleging conduct giving rise to forfeiture under this Code section, as the case may be. The state may recover judgment in an amount equal to the value of the lien but not to exceed the fair market value of the propety or, if there is no lien, in an amount not to exceed the fair market value of the property, together with reasonable investigative expenses and attorney's fees. If a civil proceeding is pending, the action must be heard by the court in which the civil proceeding is pending. (3) A prosecutor may file and prosecute in any of the courts of this state or of the United States or of any of the several states such civil actions as may be necessary to enforce any judgment rendered pursuant to this Code section. (4) No person claiming an interest in property subject to forfeiture under this article may commence or maintain any action against the state concerning the validity of the alleged interest other than as provided in this Code section. Except as specifically authorized by this Code section, no person claiming an interest in such property may file any counterclaim or cross-claim to any action brought pursuant to this Code section. (5) A civil action under this article must be commenced within five years after the last conduct giving rise to forfeiture or to the claim for relief became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement or during which criminal proceedings relating to the same conduct are in progress. (y) Except as provided in subsections (e) and (f) of this Code section, a property interest of a person charged with Medicaid fraud shall be subject to forfeiture under this Code section, and there shall be a presumption that such property interest was acquired in whole or in part with proceeds obtained as a result of Medicaid fraud; provided, however,

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that the person charged with Medicaid fraud may rebut such presumption by clear and convincing evidence which shows that the property interest was not so acquired. In the event the person charged with Medicaid fraud successfully rebuts such presumption, the property interest shall not be subject to forfeiture but may still be subject to lien, levy, and other processes in order to satisfy any judgment which orders the payment of restitution based upon a conviction or judgment of Medicaid fraud. (z) This Code section must be liberally construed to effectuate its remedial purposes. SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997. DOMESTIC RELATIONS CHILD SUPPORT; SPOUSAL SUPPORT; PATERNITY; EXTENSIVE REVISION OF RELATED PROVISIONS; UNIFORM INTERSTATE FAMILY SUPPORT. Code Titles 9, 15, 18, 19, 27, and 31 Amended. No. 491 (House Bill No. 284). AN ACT To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, so as to exclude judgments for child support and spousal support from statutes of limitation; to amend Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, so as to exclude judgments or orders for child support or spousal support; to amend Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, so as to provide for duties under the Uniform Interstate Family Support Act; to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, so as to authorize the appointment of an assistant district attorney to perform duties under the Uniform Interstate Family Support Act; to amend Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing garnishment for support of a family member, so as to redefine a certain term; 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 that payments or installments of child support under a support order are judgments by operation of law; to provide for continuing, exclusive jurisdiction by courts in Georgia for purposes of entering a child support order, modifying a domestic child support order, or modifying a foreign child support order and to establish concurrent jurisdiction among specific courts of Georgia; to change certain procedures relating to a rule nisi; to authorize a court to order the suspension or denial of hunting or fishing licenses of persons not in compliance with an order for child support; to change certain definitions; to provide that a separate order for income deduction shall be entered upon the entry of a judgment or order for spousal support or child support; to authorize the IV-D agency to issue an order for income deduction; to provide that child support orders shall automatically become subject to withholding upon the accrual of a 30 day arrearage; to provide that contesting an income deduction order shall not stay its enforcement; to change the method of service of an income deduction order; to provide for a method to attack fraudulent conveyances; to amend Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, to provide for the issuance of an order for the legitimation of a child in certain proceedings to establish paternity; to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, so as to provide that there is no trial by jury in paternity actions and to authorize the Office of State Administrative Hearings to adjudicate certain paternity actions; to change the requirements for service of process upon nonresidents; to require the court to order genetic tests to establish paternity upon motion by any party; to require genetic tests to be performed in laboratories certified by the American Association of Blood Banks; to provide for matters of proof in paternity actions; to provide for voluntary acknowledgments of paternity and the legal effect of such acknowledgments uponregistration with the Department of Human Resources; to provide for the issuance of temporary child support orders and payments made pursuant to such orders; to provide that evidence of costs of pregnancy, child birth, and genetic testing shall be admitted without the need for third-party testimony and shall constitute prima-facie evidence of amounts incurred; to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, so as to define certain terms; to provide for rescission of voluntary acknowledgments of paternity in the putative father registry; to authorize the IV-D agency to require entities in Georgia to disclose information regarding an obligor or obligee, including information about location, income, and credit status, and to establish a penalty for failure to respond; to require employers doing business in Georgia to make certain reports to the Department of Human Resources; to authorize the enforcement of proposed consent orders and income deduction orders entered prior to the filing of an action; to provide that the final administrative order for support shall have the full force and effect of an order of a superior court; to require the IV-D agency to provide certain notices and information regarding support obligations to certain persons; to authorize the IV-D agency to institute collection procedures for all child support arrearages; to create a lien in an amount sufficient to satisfy unpaid child support; to provide for administrative and judicial review, perfection, priority, and expiration of such lien; to authorize the IV-D agency to levy upon property to satisfy such lien and to provide for penalty for failure to surrender property; to provide for prompt payment to the custodial parent of child support held by the Child Support Enforcement Agency; to require the Department of Human Resources to establish safeguards against the unauthorized use or disclosure of certain information; to authorize the Department of Administrative Services to establish a computer based registry of account data obtained from financial institutions doing business in Georgia; to establish reporting requirements and penalties relating to the registry; to establish an administrative procedure by which the IV-D agency may levy and seize deposits at certain financial institutions, including requirements for notice and judicial review; to authorize the Department of Human Resources to establish a computerized central registry for all support orders entered by any court or administrative tribunal of Georgia; to amend Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Uniform Reciprocal Enforcement of Support Act, so as to provide that no petition may be filed, nor may any proceeding be initiated, under said article on or after January 1, 1998; to enact Article 3 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Uniform Interstate Family Support Act; to provide for a short title; to provide for definitions; toprovide for extended personal jurisdiction over a nonresident in a proceeding to establish, enforce, or modify a support order or to determine parentage; to provide for jurisdiction in support proceedings involving two or more states; to provide for reconciliation of multiple orders for support; to establish procedures relating to proceedings under said article; to provide for the duties of initiating and responding tribunals; to provide for the duties of the support enforcement agency; to authorize the district attorney of each judicial circuit to represent the Department of Human Resources in any proceeding under said article; to designate the Department of Human Resources as the state information agency; to provide for limited immunity of a petitioner under said article; to provide for evidentiary matters, including the application of certain privileges; to provide for establishment of a support order; to provide for enforcement of an order of another state through income withholding; to provide for penalties for noncompliance with an income-withholding order issued by another state; to provide for registration and enforcement of a support order or income-withholding order of another state; to provide for modification of a registered child support order; to provide for proceedings to determine parentage; to provide for interstate rendition of persons charged criminally with failure to provide support; to amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses and permits generally, so as to provide for the suspension or denial of licenses for failure to comply with an order of child support; to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to correct a cross-reference; to provide for related matters; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of actions, is amended by striking in its entirely Code Section 9-3-20, relating to actions on foreign judgments, and inserting in lieu thereof a new Code Section 9-3-20 to read as follows: 9-3-20. All actions upon judgments obtained outside this state, except judgments for child support or spousal support, or both, shall be brought within five years after such judgments have been obtained. SECTION 2. Article 3 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, relating to dormancy and revival of judgments, is amended by adding immediately following subsection (c) of Code Section 9-12-60, relating to when a judgment becomes dormant, a new subsection (d) to read as follows: (d) The provisions of subsection (a) of this Code Section shall not apply to judgments or orders for child support or spousal support. SECTION 3. Code Section 15-15-4 of the Official Code of Georgia Annotated, relating to the duties of the child support receiver, is amended by striking in its entirety paragraph (4) and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Notify within 15 days the person entitled to support of any account which is 30 days past due except: (A) When a case has been designated as a public assistance case, the delinquent amount and a copy of the payment records of that account shall be promptly referred and forwarded to the district attorney's office or the state agency responsible for the enforcement of collection of such delinquent payments; (B) In cases in which actions have been filed under Article 2 or Article 3 of Chapter 11 of Title 19, the child support receiver shall promptly notify the district attorney and forward a copy of the payment records and the amount of arrears to the district attorney;

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(C) In cases in which a court has ordered that child support payments be paid through the child support receiver as a condition of probation or a suspended sentence, the child support receiver shall promptly notify the probation office of such court and shall forward a copy of the payment records and the amount of arrears to the prosecuting attorney; or (D) In cases which are based upon a written agreement in which a person has agreed to provide support of a minor child, the child support receiver shall promptly notify the party designated in the agreement; SECTION 4. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys, is amended by striking in their entirety paragraph (4) of subsection (a) and paragraph (4) of subsection (b) and inserting in lieu thereof two new paragraphs 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 State 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 Attorney's 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, Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the Uniform Reciprocal Enforcement of Support Act, and Article 3 of Chapter 11 of Title 19, the Uniform Interstate Family 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. (4) Subject to the availability of funding and at the option of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the Child Support Recovery Act, Article 2 of Chapter 11 of Title 19,

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the `Uniform Reciprocal Enforcement of Support Act,' and Article 3 of Chapter 11 of Title 19, the `Uniform Interstate Family Support Act.' The district attorney retains the authority to appoint one or more assistant district attroneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Resources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the appointed attorney's judicial circuit in accordance with the compensation provisions of that judicial circuit. SECTION 5. Code Section 18-4-131 of the Official Code of Georgia Annotated, relating to definitions relating to continuing granishment for support of a family member, is amended by striking in its entirety paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows: (3) `Earnings' means any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. SECTION 6. Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, is amended by adding immediately following subsection (d) of Code Section 19-6-17, relating to an application for child support following a custody award, a new subsection (e) to read as follows: (e) Any payment or installment of support under any child support order is, on and after the date due: (1) A judgment by operation of law, with the full force and effect and attributes of a judgment of this state, including the ability to be enforced; (2) Entitled as a judgment to full faith and credit; and (3) Not subject to retroactive modification. SECTION 7. Said chapter is further amended by striking in its entirety Code Section 19-6-26, relating to the procedure for modification of a permanent alimony judgment, and inserting in lieu thereof a new Code Section 19-6-26 to read as follows:

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19-6-26. (a) As used in this Code section, the term: (1) `Child support order' means a judgment, decree, or order of a court or authorized administrative agency requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (2) `Continuing, exclusive jurisdiction' means the authority and jurisdiction of a court to enter or modify a judgment, decree, or order for the payment of child support, as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) `Foreign child support order' means a judgment, decree, or order of a court or authorized administrative agency of another state requiring the payment of child support in periodic amounts or in a lump sum and includes (A) a permanent or temporary order and (B) an initial order or a modification of an order. (4) `Modification' means a change in a child support order that affects the amount, scope, or duration of the order and modifies, replaces, supersedes, or otherwise is made subsequent to a child support order or foreign child support order. (5) `Moving party' means the party initiating an action for the modification of a child support order or foreign child support order. (6) `Nonmoving party' means the party not initiating an action for the modification of a child support order or foreign child support order. (7) `State' means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and Indian Country as defined in 18 U.S.C. Section 1151. (b) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a child support order if the court has subject matter and personal jurisdiction to make such a child support order, and no previous support order has been entered by a court of competent jurisdiction with respect to the child or children named in the support order. (c) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a child support order issued by a court of this state if the child or children named in the child support order or any party to the action resides in this state.

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(d) A court of this state may exercise continuing, exclusive jurisdiction for purposes of entering a modification of a foreign child support order if: (1) The court has subject matter and personal jurisdiction over the nonmoving party; and (2) The court of the state issuing the order sought to be modified no longer has continuing, exclusive jurisdiction to modify said order as defined in the Full Faith and Credit for Child Support Orders Act, 28 U.S.C. Section 1738B, as amended. (3) The parties file a written consent allowing the court to assume continuing, exclusive jurisdiction. This Code section shall be interpreted to effectuate the provisions of Article 3 of Chapter 11 of this title. (e) Jurisdiction within this state to enforce a child support order entered by or registered with a court of this state shall be vested concurently in the court issuing such order, the court in the county where the person owing the duty of support may be found or is employed, and the court in the county where property may be found which is subject to seizure, sale, foreclosure, or other process for application toward the support obligation. SECTION 8. Said chapter is further amended by striking in their entirety subsections (b) and (c) of Code Section 19-6-28, relating to enforcement of orders, and inserting in lieu thereof new subsections (b) and (c) to read as follows: (b) In any proceeding to enforce a temporary or permanent grant of alimony or child support by attachment for contempt, the petitioner may serve the motion and rule nisi by mailing a copy of the motion and rule nisi by first-class mail, postage prepaid, to the respondent at the respondent's last known address together with two copies of a notice and acknowledgment conforming substantially to the form specified in subsection (c) of this Code section and a return envelope, postage prepaid, addressed to the sender. If service is perfected by acknowledgment of service in this manner, the petitioner shall file with the court the acknowledgment of the respondent; and such filing shall constitute a return of service. If no acknowledgment of service under this subsection is received by the petitioner within ten days after the date of such mailing, the petitioner shall notify the clerk of court and deposit the costs of service and service of such summons shall be made as provided in Code Section 9-11-4. The costs of such service shall be charged by the clerk of court to the respondent unless the respondent after motion and hearing establishes to the court that there is good reason why such person should not be so charged. A child support contempt motion shall be served upon a respondent with a notice that contains a date certain

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for hearing which shall be no later than 30 days from the date of service of the motion, unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. (c) The form for notice and acknowledgment under subsection (b) of this Code section shall be substantially as follows: IN THE SUPERIOR COURT OF __________ COUNTY STATE OF GEORGIA __________ ) Plaintiff ) ) v. ) Civil action ) File no. _____ ) __________ ) Defendant ) RULE NISI NOTICE AND ACKNOWLEDGMENT To: (insert the name and address of the person to be served) The enclosed motion and rule nisi are served pursuant to Official Code of Georgia Annotated Section 19-6-28. You must complete the acknowledgment part of this form and mail one copy of the completed form to the sender within ten days of the date of mailing to you, which date is set out below. You must sign and date the acknowledgment. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority. If you do not complete and return this form to the sender within ten days, you or the party on whose behalf you are being served will be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law unless good and sufficient cause is shown to the contrary. If you do complete and mail this form, you or the party on whose behalf you are being served must appear and show cause why you should not be attached for contempt at the time required by the enclosed rule nisi. I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt will have been mailed on the date set out below. Signature Date of mailing
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ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT I declare, under penalty of perjury, that I received a copy of the motion and of the rule nisi in the above-captioned manner at (insert address). Signature Printed name of signer Authority to receive service of process Date of mailing SECTION 9. Said chapter is further amended by striking in its entirety Code Section 19-6-28.1, relating to the suspension of, or denial of application or renewal of, certain licenses for noncompliance with a child support order, and inserting in lieu thereof a new Code Section 19-6-28.1 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, to engage in a profession, business, or occupation, or to hunt or fish. (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, to hunt or fish, 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) In any proceeding for enforcement of a judgment or order to pay child support, if the court is satisfied by competent proof that the

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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 hunt or fish, 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 10. Said chapter is further amended by striking in their entirety paragraphs (5) and (7) of Code Section 19-6-31, relating to definitions, and inserting in lieu thereof new paragraphs (5) and (7), respectively, to read as follows: (5) `Income' or `earnings' means any periodic form of payment due to an individual, regardless of source, including without limitation wages, salary, commission, bonus, workers' compensation, disability, payments pursuant to a pension or retirement program, and interest. (7) `IV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors. SECTION 11. Said chapter is further amended by striking in its entirety Code Section 19-6-32, relating to entering an income deduction order for an award of child support, and inserting in lieu thereof a new Code Section 19-6-32 to read as follows: 19-6-32. (a)(1) Except as provided for in paragraph (1) of subsection (a.1) of this Code section, upon the entry of a judgment or order establishing, enforcing, or modifying a child support obligation or spousal support obligation through a court or an administrative process, a separate order for income deduction, if one has not been previously entered, shall be entered. If the obligee is an applicant for child support services under Title IV-D of the federal Social Security Act, the court,

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referee, or administrative law judge shall furnish copies of the support order and the income deduction order to the IV-D agency. (2) For all child support orders and spousal support orders enforced pursuant to subsection (d) of Code Section 19-11-6, the IV-D agency shall be authorized to issue an order for income deduction without need for any amendment to the order involved or any further action by the court or entity that issued it, provided that an opportunity for a hearing before a court, a referee of the court, or an administrative law judge is afforded. Such order may be issued electronically by the IV-D agency. (3) All child support orders issued or modified before July 1, 1997, which are not otherwise subject to income deduction shall become subject to income deduction upon the accrual of the equivalent of a 30 day arrearage, without the need for an administrative or judicial hearing or order. (a.1)(1) All child support orders which are initially issued in this state on or after January 1, 1994, and are not at the time of issuance being enforced by the IV-D agency shall provide for the withholding of such support from the wages of the person required by that order to furnish support unless: (A) The court issuing the order finds there is good cause not to require such immediate withholding; or (B) A written agreement is reached between both parties which provides for an alternative arrangement. For purposes of this paragraph, any finding that there is good cause not to require withholding must be based on at least a written determination that implementing wage withholding would not be in the best interest of the child and proof of timely payment of previously ordered support in cases involving modification of support orders. (2) All child support orders which are not described in subsection (a) of this Code section or in paragraph (1) of this subsection shall, upon petition of either party to revise that order under Code Section 19-6-19 or to enforce that order under Code Section 19-6-28, be revised to include provisions for withholding of such support from the wages of the person required by the order to furnish that support if arrearages equal to one month's support accrue but without the necessity of filing application for services under Code Section 19-11-6. (3) Copies of income deduction orders issued under this subsection shall be served on the obligee, obligor, and the child support IV-D agency when payment is to be made to the agency. (b) The income deduction order shall:

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(1) Direct a payor to deduct from all income due and payable to an obligor the amount required by the support order to meet the obligor's support obligation; (2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold an additional amount until the arrearage is paid in full; and (3) Direct a payor not to deduct in excess of the amounts allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended. (c) Income deduction orders shall be effective immediately unless the court upon good cause shown finds that the income deduction shall be effective upon a delinquency in an amount equal to one month's support or a written agreement is reached between both parties which provides for an alternative arrangement. (d) The income deduction order shall be effective so long as the order of support upon which it is based is effective or until further order of the court. (e) When the court orders the income deduction to be effective immediately, the court shall furnish to the obligor a statement of his or her rights, remedies, and duties in regard to the income deduction order. The statement shall state: (1) All fees or interest which shall be imposed; (2) The total amount of income to be deducted for each pay period until the arrearage, if any, is paid in full and state the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303(b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673(b), as amended; (3) That the income deduction applies to current and subsequent payors and periods of employment; (4) That a copy of the income deduction order will be served on the obligor's payor or payors; (5) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (6) That the obligor is required to notify the obligee and, when the obligee is receiving Title IV-D services, the IV-D agency within seven days of changes in the obligor's address and payors and the addresses of his or her payors.

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(f) When the income deduction is effective upon a delinquency in an amount equal to one month's support, or when an order for spousal or child support was in effect prior to July 1, 1989, the obligee may enforce the income deduction by serving notice of delinquency on the obligor. The notice of delinquency shall state: (1) The terms of the support order; (2) The period of delinquency and the total amount of the delinquency as of the date the notice is mailed; (3) All fees or interest which may be imposed; (4) The total amount of income to be deducted for each pay period until the arrearage and all applicable fees and interest are paid in full and the total amount of income to be deducted for each pay period thereafter. The amounts deducted may not be in excess of that allowed under Section 303 (b) of the federal Consumer Credit Protection Act, 15 U.S.C. Section 1673 (b), as amended; (5) That a copy of the notice of delinquency will be served on the obligor's payor or payors, together with a copy of the income deduction order. The obligor may apply to the court to contest enforcement of the order once the notice of delinquency has been served. The application shall not affect the enforcement of the income deduction order until the court enters an order granting relief to the obligor; (6) That the enforcement of the income deduction order may only be contested on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the arrearages, or the identity of the obligor; and (7) That the obligor is required to notify the obligee of the obligor's current address and current payors and the address of current payors. All changes shall be reported by the obligor within seven days. If the IV-D agency is enforcing the order, the obligor shall make these notifications to the agency instead of to the obligee. The failure of the obligor to receive the notice of delinquency does not preclude subsequent service of the income deduction order on the obligor's payor. A notice of delinquency which fails to state an arrearage does not mean that an arrearage is not owed. (g) At any time, any party, including the IV-D agency, may apply to the court, referee of the court, or administrative law judge to: (1) Modify, suspend, or terminate the order for income deduction because of a modification, suspension, or termination of the underlying order for support; or (2) Modify the amount of income deducted when the arrearage has been paid.

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SECTION 12. Said chapter is further amended by striking in their entirety subsections (a), (b), (c), (d), and (h) of Code Section 19-6-33, relating to notice and service of an income deduction order, and inserting in lieu thereof new subsections (a), (b), (c), (d), and (h), respectively, to read as follows: (a) The obligee or his or her agent shall serve an income deduction order and the notice to the payor, and in the case of a delinquency a notice of delinquency, on the obligor's payor. The obligor must be notified that withholding has commenced and how to contest the withholding. (b) Service of the initial income deduction order by or upon any person who is a party to a proceeding under this Code section shall be by personal service, by certified mail, return receipt requested, or by regular mail. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail. (c) (1) When the income deduction is effective upon a delinquency in an amount equal to one month's support, the obligor may apply to the court to contest the enforcement of the income deduction order on the ground of mistake of fact regarding the amount of support owed pursuant to a support order, the amount of arrearage of support, or the identity of the obligor. The obligor shall send a copy of the pleading to the obligee and, if the obligee is receiving IV-D services, to the IV-D agency. The filing of the pleading does not affect the enforcement of an income deduction order unless the court enters an order granting relief to the obligor. The payment of delinquent support by an obligor upon entry of an income deduction order shall not preclude service of the income deduction on the obligor's payor. (2) When an obligor requests a hearing to contest enforcement of an income deduction order, the court, referee, or administrative law judge after due notice to all parties and the IV-D agency, if the obligee is receiving IV-D services, shall hear the matter within 30 days after the application is filed and shall not extend the time for hearing unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The court, referee, or administrative law judge shall enter an order resolving the matter within ten days after the hearing. A copy of this order shall be served on the parties and the IV-D agency if the obligee is receiving IV-D services. (d) When a court, court referee, or administrative law judge determines that an income deduction order is proper pursuant to subsection (c) of this Code section, the obligee or his or her agent shall cause a copy of the income deduction order and a notice to payor, and in the case of a delinquency a notice of delinquency, to be served on the obligee's

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payors. A copy of the notice to the payor, and in the case of a delinquency a notice of delinquency, shall also be furnished to the obligor. (h) The provisions of Article 3 of Chapter 11 of this title, the `Uniform Interstate Family Support Act,' apply to all income deduction orders originating in this state and directed to another state. In addition, the provisions of Article 3 of Chapter 11 of this title, the `Uniform Interstate Family Support Act,' apply to all income withholding orders originating in another state and directed to this state. SECTION 13. Said chapter is further amended by adding immediately following Code Section 19-6-34 a new Code section, to be designated Code Section 19-6-35, to read as follows: 19-6-35. (a) As used in this Code section, the term: (1) `Child support obligee' means an individual to whom the payment of a child support obligation is owed and includes a custodial parent or caretaker of a child to whom such support obligation is to be paid or a governmental agency entitled by law to enforce a child support obligation on behalf of such parent, caretaker, or child. (2) `Child support obligor' means an individual owing a duty of support to a child or children, whether or not such duty is evinced by a judgment, order, or decree. (b) A child support obligee shall be regarded as a creditor, and a child support obligor shall be regarded as a debtor, as defined in Code Section 18-2-1, for the purposes of attacking as fraudulent a judgment, conveyance, transaction, or other arrangement interfering with the creditor's rights, either at law or in equity. SECTION 14. Article 2 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to the petition for legitimation of child, and inserting in lieu thereof a new Code Section 19-7-22 to read as follows: 19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the

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father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. Upon the presentation and filing of the petition, the court may pass an order declaring the child to be ligitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. In addition, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (b) Consistent with the purpose of subsection (a) of this Code section, whenever the Department of Human Resources petitions the superior court or other authorized trier of fact to establish paternity, the father may intervene to petition for the legitimation of the child born out of wedlock if the mother of the child consents to the filing of such legitimation petition. Upon the determination of paternity or if a voluntary acknowledgment of paternity has been made and has not been rescinded pursuant to Code Section 19-7-46.1, the court or trier of fact as a matter of law and pursuant to the provisions of Code Section 19-7-51 may enter an order or decree legitimating a child born out of wedlock, provided that such is in the best interest of the child. Issues of name change, visitation, and custody shall not be determined by the court until such time as a separate petition is filed by one of the parents or by the legal guardian of the child. Custody of the child shall remain in the mother until a court order is entered addressing the issue of custody. SECTION 15. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to the determination of paternity, is amended by striking in its entirety Code Section 19-7-40, relating to jurisdiction, and inserting in lieu thereof a new Code Section 19-7-40 to read as follows: 19-7-40. (a) The superior and state courts of the several counties shall have concurrent jurisdiction in all proceedings for the determination of paternity of children who are residents of this state. The state courts shall have such concurrent jurisdiction notwithstanding any contrary provision of local law. Parties to an action to establish paternity shall not be entitled to a trial by jury. (b) Whenever the Department of Human Resources seeks to establish paternity of a child, the Office of State Administrative Hearings shall have authority to adjudicate the issue of paternity, pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; provided, however, that if the putative father demands a trial in the superior court, it shall be the duty of the judge to cause an issue to be made and tried at the first session of the next term of court succeeding the putative

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father's demand for trial. The administrative determination shall have the same force and effect as a judicial decree. SECTION 16. Said article is further amended by striking in its entirety Code Section 19-7-41, relating to service outside the state, and inserting in lieu thereof a new Code Section 19-7-41 to read as follows: 19-7-41. In a proceeding under this article, the court, pursuant to Chapter 11 of Title 9, may order service upon a person outside the state upon a finding that there is a constitutionally permissible basis for jurisdiction over the person, including those enumerated in Article 3 of Chapter 11 of this title. SECTION 17. Said article is further amended by striking in its entirety Code Section 19-7-43, relating to a petition to establish paternity, and inserting in lieu thereof a new Code Section 19-7-43 to read as follows: 19-7-43. (a) A petition to establish the paternity of a child may be brought by: (1) The child; (2) The mother of the child; (3) Any relative in whose care the child has been placed; (4) The Department of Human Resources in the name of and for the benefit of a child for whom public assistance is received or in the name of and for the benefit of a child not the recipient of public services whose custodian has applied for services for the child; or (5) One who is alleged to be the father. (b) Regardless of its terms, an agreement, other than an agreement approved by the court in accordance with this article, between an alleged or presumed father and the mother or child does not bar a petition under this Code section. (c) If a petition under this article is brought before the birth of the child, all proceedings shall be stayed until after the birth except service of process, discovery, and the taking of depositions. (d) In any case in which the paternity of a child or children has not been established, any party may make a motion for the court to order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. Such motion shall be supported by a sworn statement (1) alleging paternity and setting forth facts

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establishing a reasonable possibility of the requisite sexual contact between the parties; or (2) denying paternity and setting forth facts establishing a reasonable possibility of the nonexistence of sexual contact between the parties. Appropriate orders shall be issued in accordance with the provisions of this article. The court shall grant the motion unless it finds good cause as defined by the federal Social Security Act or if other good excuse for noncooperation is established. (e) In any case in which the paternity of a child or children has not been established, the Department of Human Resources may order the mother, the alleged father, and the child or children to submit to genetic tests as specified in Code Section 19-7-45. The request for the order shall be supported by a sworn statement alleging paternity and setting forth facts establishing a reasonable possibility of the requisite sexual contact between the parties. The parties shall be given notice and an opportunity to contest the order before the department prior to the testing or the imposition of any noncooperation sanction. (f) In any case in which the court or the department orders genetic testing, the department shall pay the costs of such tests subject to recoupment from the alleged father if paternity is established. A second genetic test shall be ordered by the department if an order for paternity has not been issued and if the person making the request tenders payment of the cost of the test at the time of the request. SECTION 18. Said article is further amended by striking in its entirety Code Section 19-7-45, relating to blood tests, and inserting in lieu thereof a new Code Section 19-7-45 to read as follows: 19-7-45. All orders requiring parties to submit to genetic tests shall be issued in conformance with Code Sections 19-7-43 and 19-7-46. In all cases such tests must be conducted by a laboratory certified by the American Association of Blood Banks. When an action to determine paternity is initiated prior to the birth of a child, the court shall order that the genetic tests be made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a genetic test, the court may dismiss the action upon motion of the respondent. SECTION 19. Said article is further amended by striking in its entirety Code Section 19-7-46, relating to evidence at trial, and inserting in lieu thereof a new Code Section 19-7-46 to read as follows:

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19-7-46. (a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, unless a party to the paternity genetic test objects in writing at least 30 days prior to a hearing at which the results of the testing may be introduced into evidence, shall be admitted in evidence without the need for foundation testimony or other proof of authenticity or accuracy. When an objection is filed at least 30 days prior to a hearing at which the results may be introduced into evidence, the results of medical tests and comparisons ordered by the court including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evidence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person. (b) There shall exist a rebuttable presumption of paternity of a child born out of wedlock if there has been performed scientifically credible parentage-determination genetic testing which establishes at least a 97 percent probability of paternity. The rebuttable presumption of paternity can be overcome by the presentation of clear and convincing evidence as determined by the trier of fact. Parentage-determination testing shall include, but not necessarily 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) Evidence of a refusal to submit to a genetic test or other ordered medical or anthropological test is admissble to show that the alleged father is not precluded from being the father of the child. (d) An expert's opinion concerning the time of conception is as admissible as is other expert testimony. (e) Testimony relating to sexual access to the mother by any person on or about the probable time of conception of the child is admissible in evidence. (f) Other relevant evidence shall be admitted as is appropriate. SECTION 20. Said article is further amended by striking in its entirety Code Section 19-7-46.1, relating to the name or social security number on birth certificate or other record as evidence of paternity, and inserting in lieu thereof a new Code Section 19-7-46.1 to read as follows: 19-7-46.1. (a) The appearance of the name or social security account number of the father, entered with his written consent, on the certificate of birth or a certified copy of such certificate or records on which the name of the

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alleged father was entered with his written consent from the vital records department of another state or the registration of the father, entered with his written consent, in the putative father registry of this state, pursuant to subsection (d) of Code Section 19-11-9, shall constitute a prima-facie case of establishment of paternity and the burden of proof shall shift to the putative father to rebut such in a proceeding for the determination of paternity. (b) When both the mother and father have signed a voluntary acknowledgment of paternity and the acknowledgment is recorded in the putative father registry established by subsection (d) of Code Section 19-11-9, the acknowledgment shall constitute a legal determination of paternity, subject to the right of any signatory to rescind the acknowledgment prior to the date of the support order, any other order adjudicating paternity, or 60 days from the signing of the agreement, whichever is earlier. Recording such information in the putative father registry shall constitute a legal determination of paternity for purposes of establishing a future order for support, visitation privileges, and other matters under Code Section 19-7-51. (c) After the 60 day rescission period specified in subsection (b) of this Code section, the signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the person challenging the acknowledgment. The legal responsibilities of any signatory, including child support obligations, arising from the acknowledgment may not be suspended during the challenge, except for good cause shown. SECTION 21. Said article is further amended by adding immediately following Code Section 19-7-46.1 a new Code section, to be designated Code Section 19-7-46.2, to read as follows: 19-7-46.2. (a) Upon motion by a party to a paternity action, a temporary order shall be issued in accordance with the guidelines prescribed in Code Section 19-6-15 if there is clear and convincing evidence of paternity. Such temporary order will be valid pending an administrative or judicial determination of parentage. (b) All child support payments made pursuant to the temporary order prescribed in subsection (a) of this Code section shall be paid to the court which shall deposit the amount of the payment in a separate account in a bank approved as a federal depository. Such bank shall hold the amount as a special escrow fund and, except as provided in this Code section, shall not distribute any portion of the payment to any party to the action. Each full payment made into the escrow account pursuant to

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this Code section shall be effective to discharge any duty of the putative father to pay the ordered child support amount. (c) Upon final judgment in a paternity action that the alleged putative father is the father of the child, the court shall order that the amount retained in the special escrow fund shall be paid to the appropriate person or entity along with any interest that may have accrued. (d) Upon final judgment in a paternity action that the alleged putative father is not the father of the child, the amount retained in the special escrow fund shall be returned to the putative father along with any interest that may have accrued. SECTION 22. Said article is further amended by striking in its entirety subsection (c) of Code Section 19-7-49, relating to a decree of paternity, and inserting in lieu thereof a new subsection (c) to read as follows: (c) The trier of fact shall receive without foundation or the need for third-party testimony evidence of costs of pregnancy, child birth, and genetic testing. The evidence so presented shall constitute prima-facie evidence of amounts incurred for such services or for testing on behalf of the child. The court may award such costs as part of its final decree. SECTION 23. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by striking in its entirety Code Section 19-11-3, relating to definitions, and inserting in lieu thereof a new Code Section 19-11-3 to read as follows: 19-11-3. As used in this article, the term: (1) `Court order for child support' means any judgment or order of the courts of this state or another state and includes orders in criminal proceedings which result in the payment of child support, as a condition of probation or otherwise. (2) `Department' means the Department of Human Resources. (3) `Dependent child' means any person under the age of 18 who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States. (4) `Duty of support' means any duty of support imposed or imposable by law or by court order, decree, or judgment. (5) `IV-D' means Title IV-D of the federal Social Security Act. (6) `IV-D agency' means the Child Support Enforcement Agency of the Department of Human Resources and its contractors.

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(7) `Parent' means the natural or adoptive parents of a child and includes the father of a child born out of wedlock if his paternity has been established in a judicial proceeding or if he has acknowledged paternity under oath either in open court, in an administrative hearing, or by verified writing. SECTION 24. Said article is further amended by striking in its entirety subsections (b) and (d) of Code Section 19-11-9, relating to the location of absent parents by the Department of Human Resources, and inserting in lieu thereof new subsections (b) and (d) to read as follows: (b) The department is to serve as a registry for the receipt of information which directly relates to the identity or location of absent parents, to assist any governmental agency or department in locating an absent parent, to answer interstate inquiries concerning deserting parents, to coordinate and supervise any activity on a state level in search for an absent parent, and to develop guidelines for coordinating activities of any governmental department, board, commission, bureau, or agency in providing information necessary for location of absent parents and is to process all requests received from an initiating county or an initiating state which has adopted the Uniform Interstate Family Support Act or a law substantially similar to the Uniform Interstate Family Support Act, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (d) (1) There is established within the department a putative father registry. The putative father registry shall record the name, address, and social security number of any person who claims to be the father of a child for whom paternity is not presumed or has not been established by a court or administrative agency of competent jurisdiction. A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1. (2) The department is authorized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services. SECTION 25. Said article is further amended by striking in its entirety Code Section 19-11-9.1, relating to the duty to furnish information about an obligor to the Department of Human Resources, and inserting in lieu thereof a new Code Section 19-11-9.1 to read as follows: 19-11-9.1. (a) Any entity in this state including for profit, nonprofit, and governmental employers, upon the request of the department and its authorized contractors, shall provide the department with information including

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the name, address, social security number, employment, compensation, and benefits regarding a person owing or allegedly owing an obligation of support for a dependent child. (b) Except as may be prohibited under the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 et seq., the IV-D agency may require disclosure of information, including the location, employment, title to property, credit status, or professional affiliation to assist the IV-D agency in locating a custodial parent or noncustodial parent. The IV-D agency may require such disclosure from any state or local government agency; state, county, or municipal registry of deeds or titles, registry of vital records and statistics; utility company regulated by the Georgia Public Service Commission; tax assessor's office; housing authority; employer; professional or trade association; labor union; professional or trade licensing board; or credit bureau or agency. Information furnished by a telephone company, however, shall be limited to the address and telephone number of an obligor or obligee. (c) The IV-D agency may request from any employer or other person or entity providing a source of income which the IV-D agency has reason to believe employs an obligor or obligee or otherwise provides the obligor or obligee with regular periodic income information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The IV-D agency shall not inquire of an employer or other person or entity providing a source of income concerning the same obligor or obligee more than once every three months. (d) The department upon receipt of information collected pursuant to this Code section may make such information available only to the appropriate officials or agency of this state or any other state operating a program pursuant to Title IV-D of the federal Social Security Act. Information collected by the department pursuant to this Code section shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (e) No employer or other person or entity providing a source of income who complies with this Code section shall be liable in any civil action or proceeding brought by the obligor or obligee on account of such compliance. (f) Responses pursuant to this Code Section may be made by paper, facsimile, magnetic tape, or other electronic means. (g) The failure of any individual or entity, without reasonable cause, to provide the IV-D agency with the information requested under this Code section within 14 days after such information is requested or a willful false response to a request pursuant to this Code section shall be punishable by a penalty to be assessed by the IV-D agency or by a court

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of competent jurisdiction in the amount of $100.00 for each such failure or false response. SECTION 26. Said article is further amended by striking in its entirety Code Section 19-11-9.2, relating to the duty of employers to report the hiring or rehiring of persons to the state support registry, and inserting in lieu thereof the following: 19-11-9.2. (a) Effective July 1, 1993, employers doing business in the State of Georgia shall report to the Georgia state support registry within the Department of Human Resources: (1) The hiring of any person who resides or works in this state to whom the employer anticipates paying earnings; and (2) The hiring or return to work of any employee who was laid off, furloughed, separated, granted leave without pay, or terminated from employment. (b) Employers are not required to report the hiring of any person who: (1) Will be employed sporadically so that the employee will be paid for less than 350 hours during a continuous four-month period; or (2) Will have gross earnings of less than $300.00 in every month. (c) Employers may report by mailing the employee's copy of the W-4 form or other means authorized by the registry which will result in timely reporting. Employers shall submit reports within ten days of the hiring, rehiring, or return to work of the employee. The report shall contain: (1) The employee's name, address, social security number, and date of birth; and (2) The employer's name, address, and employment security number or unified business identifier number. An employer who fails to report as required under this Code section shall be given a written warning. (d) Except that access to information shall be made available as provided in subsections (f), (g), and (h) of this Code section, the registry shall retain the information for a particular employee only if the registry is responsible for establishing, enforcing, or collecting a support obligation or debt of the employee. If the employee does not owe such an obligation or a debt, the registry shall not create a record regarding the employee and the information contained in the notice shall be promptly destroyed.

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(e) The department in cooperation with any other affected department may adopt rules to establish additional exemptions from this Code section if needed to reduce unnecessary or burdensome reporting. (f) The department shall be entitled to have access to this employment registry for the limited purposes of determining eligibility for needs based programs provided by the department, including, but not limited to, the Temporary Assistance for Needy Families program and the food stamp program. (g) The Department of Labor shall be entitled to have access to this employment registry for the limited purpose of determining the employment status of persons applying for or receiving unemployment compensation benefits and for the collection of delinquent unemployment contributions and overpayment of unemployment benefits. (h) The Department of Administrative Services shall administer this registry and shall provide computer access to the authorized users. The Department of Administrative Services shall be authorized to apportion the costs of the registry between the users. SECTION 27. Said article is further amended by striking in its entirety Code Section 19-11-15, relating to voluntary support agreements, and inserting in lieu thereof new Code Sections 19-11-15 and 19-11-15.1 to read as follows: 19-11-15. (a) When the department has completed its investigation, has determined the ability of the absent parent to support his or her child or children in accordance with guidelines prescribed in Code Section 19-6-15, and believes that the absent parent is able to furnish a certain amount of support, the department may, as an exception to Code Section 9-12-18, request the absent parent to enter into a proposed consent order and income deduction order to provide the support amount and accident and sickness insurance coverage consistent with Code Section 19-11-26 prior to the filing of an action with the superior court. The orders may not be set aside on the grounds that the parties consented thereto prior to the filing of the action. An income deduction order shall issue consistent with Code Sections 19-6-30 through 19-6-34. If the department is unable to secure a proposed consent order from the parent, the department may file an action in superior court or may initiate an administrative action pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (b) The administrative hearing shall be conducted within 20 days of the filing date, the absent parent shall be notified of the hearing at least ten days before it is held, and the hearing decision shall issue not more than ten days after the hearing.

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(c) The determination of the administrative law judge regarding the ability to provide support and the ability to provide accident and sickness insurance coverage shall be delivered to the absent parent personally or shall be sent by regular mail. The final order shall include an order for income deduction consistent with Code Sections 19-6-30 through 19-6-34, and shall inform the absent parent in plain language: (1) That failure to support may result in the foreclosure of liens on his or her personal or real property, in garnishment of his or her wages or other personalty, or in other collection actions; and (2) That the absent parent has the right to appeal the determination within 30 days. (d) The final administrative order for support shall have the full force and effect of an order of a superior court of this state and shall be enforceable upon filing with such court under an action for contempt. All other remedies available under the law shall be available for the enforcement of such administrative orders. 19-11-15.1 The IV-D agency shall provide individuals who are applying for or receiving services under this article, or who are parties to cases in which services are being provided under this article, with the following: (1) Notice, pursuant to Title IV-D of the Social Security Act and regulations thereunder, of all proceedings in which support obligations might be established or modified; and (2) A copy of any order establishing or modifying a child support obligation or, in the case of a request for review or modification, a notice of determination that there should be no change in the amount of the child support award within 14 days after issuance of such order or determination. SECTION 28. Said article is further amended by striking in its entirety Code Section 19-11-18, relating to child support liens, and inserting in lieu thereof a new Code Section 19-11-18 to read as follows: 19-11-18. (a) The IV-D agency, in accordance with Title IV, Part D of the federal Social Security Act, is authorized to institute collection procedures for all arrearages which have accrued against child support payments owed pursuant to a judgment or support order of a court or an order from a IV-D agency of competent jurisdiction. These collection procedures shall include, but not be limited to, notification of employers that a wage assignment is in effect and not suspended; notification of obligors; demand letters; use of state and federal income tax refund intercept

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programs; initiation of contempt proceedings; the use of liens, levies, and seizures as provided in subsections (b) and (c) of this Code section; the use of the services of any person providing collection services to the department; seeking warrants in appropriate situations; attachment or lien against property; civil actions to reach and apply; and any other civil or administrative remedy available for the enforcement of judgments or for the enforcement of support or custody orders. (b)(1) A child support obligation which is unpaid in whole or in part shall, as of the date on which it was due, be a lien in favor of the obligee in an amount sufficient to satisfy unpaid child support, whether the amount due is a fixed sum or is accruing periodically. An amount of restitution established by a court or an administrative agency of competent jurisdiction shall be due and payable as of the date such amount is established. Such lien shall incorporate any additional child support obligation on the date it becomes due and shall not terminate except as provided in paragraph (5) of this subsection. Upon recordation or registration in accordance with paragraph (3) of this subsection, such lien shall encumber all tangible and intangible property, whether real or personal, and any interest in property, whether legal or equitable, belonging to the obligor. An interest in property acquired by the obligor after the child support lien arises shall be subject to such lien, subject to the limitations provided in paragraphs (3) and (5) of this subsection. (2) When the IV-D agency determines that child support is unpaid, it shall send written notice to the obligor by first-class mail, if the address is known to the IV-D agency, no less frequently than once a year. The notice shall specify the amount unpaid as of the date of the notice or other date certain and the right of the obligor to request an administrative review by filing a written request with the IV-D agency within 30 days of the date of the notice. If the obligor files a timely written request for an administrative review, the IV-D agency shall conduct the review within 21 days of said request and shall not conduct further administrative enforcement action under this subsection until the review is completed. If the obligor has failed to keep the IV-D agency informed of his or her address as required by Code Section 19-6-32 and the agency cannot otherwise determine the current address of the obligor from other available information, the agency may proceed under the provisions of paragraph (4) of this subsection. (3) The filing of a notice of a lien or of a waiver or release of a lien shall be received and registered or recorded without payment of a fee. The IV-D agency may file notice of a lien or waiver or release of a lien or may transmit information to, or receive information from, any registry of deeds or other office or agency responsible for the filing or recording of liens by any means, including electronic means. The

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perfected lien shall not be subordinate to any recorded lien except a lien that has been perfected before the date on which the child support lien was perfected; provided, however, that the IV-D agency may, upon request of the obligor, subordinate the child support lien to a subsequently perfected lien, security deed, or mortgage. To assist in the collection of a debt, the IV-D agency may disclose the name of an obligor against whom a lien has arisen and other identifying information including the existence of the lien and the amount of the outstanding obligation. A notice of a lien shall be filed as follows: (A) With respect to real property, the IV-D agency shall file notice of a lien in the county where property is located or in the county where the obligor resides. The social security number of the obligor shall be noted on the notice of lien. The filing shall operate to perfect a lien when duly recorded and indexed in the grantor index or when registered, as the case may be, as to any interest in real property owned by the obligor that is located in the county where the lien is recorded or registered. A special index for liens created under this chapter shall be maintained in each registry of deeds. If the obligor subsequently acquires an interest in real property, the lien shall be perfected upon the recording or registering of the instrument by which such interest is obtained in the registry of deeds in the county where the notice of the lien was filed within six years prior thereto. A child support lien shall be perfected as to real property when both the notice thereof and a deed or other instrument in the name of the obligor are on file in the registry of deeds where the obligor owns property without respect to whether the lien or the deed or other instrument was recorded or registered first; and (B) With respect to personal property, the IV-D agency may also file notice of a child support lien with the social security number of the obligor noted thereon with the Secretary of State, Motor Vehicle Division of the Department of Revenue, or office or agency responsible for the filing or recording of liens. (4) If the collection of any unpaid child support will be jeopardized by delay as determined by the commissioner of human resources or his or her designee, the IV-D agency shall proceed forthwith to collect such unpaid child support by perfecting a lien under paragraph (3) of this subsection or by executing levy or seizure of property under paragraph (1) of subsection (c) of this Code section or by any other available remedy without respect to the 30 day notice period provided in paragraph (2) of this subsection. (5) A lien under this chapter shall expire upon payment in full of the unpaid child support covered by the lien, upon release of the lien by the IV-D agency, or six years from the date on which such lien was first perfected, whichever is earlier. Expiration of the lien shall not

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terminate the underlying order or judgment of child support. Liens may be extended for additional periods of six years each by recording or registering, within one year before the expiration of the unexpired lien, a further notice of the lien, as provided in paragraph (3) of this subsection, without affecting the priority of such lien. The IV-D agency may issue a full or partial waiver or release of any lien imposed under this Code section. Such waiver or release shall be conclusive evidence that the lien upon the property covered by the waiver or release is extinguished. The IV-D agency shall issue a release of any lien imposed under this Code section within 30 days of payment in full of the unpaid child support covered by the lien. (c)(1) If any obligor against whom a lien has arisen and has been perfected under paragraph (3) of subsection (b) of this Code section neglects or refuses to pay the sum due after the expiration of the 30 day notice period specified in paragraph (2) of subsection (b) of this Code section, the IV-D agency may collect such unpaid child support and levy upon all property as provided in this subsection. For the purposes of this subsection, the word `levy' shall include the power of distraint and seizure by any means. A person in possession of property upon which a lien has priority under paragraph (3) of subsection (b) of this Code section which has been perfected shall, upon demand, surrender the property to the IV-D agency as provided in this subsection. A levy on property held by an organization with respect to a life insurance or endowment contract shall, without necessity for surrender of the contract document, constitute a demand by the IV-D agency for payment of the amount of the lien and the exercise of the right of the obligor to the advance of such amount. Such organization shall pay the amount 90 days after service of notice to levy. The levy shall be deemed to be satisfied if the organization pays to the IV-D agency the full amount which the obligor could have had advanced to him or her, provided that the amount does not exceed the amount of the lien. (2) Whenever any property upon which levy has been made is not sufficient to satisfy the claim of the IV-D agency for which levy is made, the IV-D agency may thereafter, as often as may be necessary, proceed to levy, without further notice, upon any other property of the obligor liable to levy upon first perfecting its lien as provided in paragraph (3) of subsection (b) of this Code section, until the amount due, together with expenses, is fully paid. With respect to a seizure or levy of real property or tangible personal property, the IV-D agency shall proceed in the manner prescribed by Chapter 13 of Title 9 to the extent that such statutes are not inconsistent with the provisions of this subsection. The IV-D agency shall have any rights to property remaining after satisfying superior perfected liens, as provided in paragraph (3) of subsection (b) of this Code section.

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(3) Upon demand by the IV-D agency, a person who fails or refuses to surrender property subject to levy pursuant to this subsection shall be liable in his or her own person and estate to the state in a sum equal to the value of the property not so surrendered but not exceeding the amount of the lien, together with costs and interest at the rate due on a judgment from the date of the levy. The interest or costs incurred under this paragraph shall be paid to the state and shall not be credited against the child support liability. (4) Any person in possession of, or obligated with respect to, property who upon demand by the IV-D agency surrenders the property or discharges the obligation to the IV-D agency or who pays a liability to the obligor under this subsection, shall be discharged from any obligation or liability to the obligor arising from the surrender or payment. In the case of a levy on an organization with respect to a life insurance or endowment contract which is satisfied pursuant to this subsection, the organization shall be discharged from any obligation or liability to any beneficiary arising from the surrender or payment. (5) In any case where there has been a refusal or neglect to pay child support or to discharge any liability in respect thereto, whether or not a levy has been made, the IV-D agency, in addition to other forms of relief, may file a civil action in the superior court which originally entered the order for child support to enforce the lien under this subsection. The filing of a civil action shall not preclude the IV-D agency from enforcing the child support order through the use of any administrative means permitted by federal or state law. (d) The IV-D agency shall send timely written notice to the obligor by first-class mail of any action taken to perfect a lien, execute a levy, or seize any property. The notice shall specify the amount due, the steps to be followed to release the property so placed under lien, levied, or seized, the time period within which to respond to such notice, and include the name of the court or administrative agency of competent jurisdiction which entered the child support order. (e) Any person aggrieved by a determination of the IV-D agency pursuant to paragraph (2) or (4) of subsection (b) of this Code section may, upon exhaustion of the procedures for administrative review provided in subsection (b) of this Code section, seek judicial review in the court where the order or judgment was issued or registered. Commencement of the review shall not stay enforcement of child support under this Code section. The court may review the proceedings taken by the agency under the provisions of this Code section and may correct any mistakes of fact, but the court shall not reduce or retroactively modify child support arrears. (f) Notwithstanding any other provision of this title to the contrary, any child support being held by the Child Support Enforcement Agency of

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the Department of Human Resources shall be paid to the custodial parent within 30 days from receipt of same by the enforcement agency. SECTION 29. Said article is further amended by striking in its entirety Code Section 19-11-30, relating to the confidentiality of information and records, and inserting in lieu thereof a new Code Section 19-11-30 to read as follows: 19-11-30. (a) Information and records obtained by the department pursuant to any provision of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor. (b) The department shall establish safeguards against the unauthorized use or disclosure of information relating to: (1) Proceedings or actions to establish paternity; (2) Proceedings to establish or enforce support; (3) The whereabouts of one party to another party against whom a protective order with respect to the former party has been entered; and (4) The whereabouts of one party to another party if the department has reason to believe that the release of the information may result in physical or emotional harm to the former party. SECTION 30. Said article is further amended by adding immediately following Code Section 19-11-30 the following new Code sections, to be designated Code Sections 19-11-30.1 through 19-11-30.11, to read as follows: 19-11-30.1. The Department of Administrative Services shall establish a computer based registry of account data obtained from financial institutions doing business in this state. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. Such registry shall be known as the Department of Administrative Services Bank Match Registry. The IV-D agency shall be the sole agency with access to this data. Access shall be for the purpose of establishing and enforcing orders for support. The Department of Administrative Services is authorized to enter into an agreement with the

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department establishing the procedures and the costs to be paid by the department to the Department of Administrative Services for performing the data searches and for providing the data to the department's IV-D agency. 19-11-30.2. (a) As used in Code Section 19-11-30.1, this Code section, and Code Sections 19-11-30.3 through 19-11-30.11, the term: (1) `Account means a demand deposit account, checking or negotiable order of withdrawal account, savings account, time deposit account, or a money market mutual fund account. (2) `For cause' means that the department has reason to believe that an individual has opened an account at a financial institution listed in paragraph (3) of this subsection. (3) `Financial institution' means every federal or state chartered commercial or savings bank, including savings and loan associations and cooperative banks, federal or state chartered credit unions, benefit associations, insurance companies, safe-deposit companies, trust companies, and any money market mutual fund. (4) `Money market mutual fund' means every regulated investment company within the meaning of Section 851(a) of the Internal Revenue Code which seeks to maintain a constant net asset value of $1.00 in accordance with 17 CFR 270.2A-7. (b) The Department of Administrative Services shall, pursuant to the provisions of subsection (f) of this Code section, request from each financial institution, not more frequently than on a quarterly basis, the name, record address, social security number, and other identifying data for each person listed in such request who maintains an account at such financial institution. The data provided shall be sent to the Department of Administrative Services Bank Match Registry. Such registry shall include only identifying information for obligors whom the IV-D agency believes owe child support and who are not under a child support order, and for obligors who are delinquent in an amount equal to or in excess of their support payment for one month. The Department of Administrative Services shall update such listing every calendar quarter by removing the names of all persons who have had no prior matches in the two immediately preceding quarters. (c) The Department of Administrative Services may continue to request account matches on such removed names once a year for the two calendar years immediately following the year in which the names are removed or for cause. (d) All requests made by the Department of Administrative Services pursuant to subsection (b) or (c) of this Code section shall be in

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machine readable form unless a financial institution expressly requests the department to submit the request in writing. The financial institution shall furnish all such information in machine readable form, which meets criteria established by the Department of Administrative Services, within 30 days of such request. Each financial institution shall furnish all such information on those persons whose accounts bear a residential address within the state at the time such request is processed by the financial institution. (e) In no event shall a request for identifying information be made to a financial institution on anyone other than an obligor whom the Department of Human Resources has a good reason to believe owes child support and who is not under a child support order, or an obligor who is delinquent in an amount equal to or in excess of his or her support payment for one month. (f) The Department of Human Resources shall enter into agreements with financial institutions doing business in this state to develop and operate a data match system to the maximum extent feasible for the providing of the needed information to the department by the financial institution. At a minimum, the department shall identify the obligor by name and social security number or other taxpayer identification number. If the geographic region of an obligor is known by the Department of Human Resources, and that department shall make an effort to determine the geographic region of an obligor, the department shall initially limit its request to the financial institution or institutions within that geographic region prior to making additional requests to other financial institutions in other geographic regions of the state. The department may pay a reasonable fee to the financial institution for conducting the searches required herein not to exceed the actual costs incurred by the financial institution. 19-11-30.3. The Department of Administrative Services Bank Match Registry shall examine the data provided, make positive identification of cases submitted by the Department of Human Resources for child support enforcement purposes, and report the matched accounts to the Department of Human Resources in machine readable form. Upon the receipt of such information, the Department of Human Resources, and where appropriate local contractors, shall seek to verify the accuracy of the information presented. 19-11-30.4. No employee or agent of the state shall divulge any information collected pursuant to Code Sections 19-11-30.1 through 19-11-30.11 to any public or private agency or individual except in the manner prescribed in this Code section. Information may be disclosed and shared by and between any employee of an administering agency and

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any subgrantee, local administering agency, or contractor performing child support enforcement functions under the provisions of Title IV-D of the federal Social Security Act. Unauthorized disclosure shall be punished pursuant to Code Section 19-11-30. 19-11-30.5. Any financial institution required to submit a report pursuant to Code Section 19-11-30.2 which fails without reasonable cause as determined by the Department of Administrative Services to comply with such reporting requirements and which, after notification by certified mail by the Department of Administrative Services, return receipt requested, of such failure, continues for more than 15 business days after the mailing of such notification to fail to comply without reasonable cause shall be liable for a penalty of $1,000.00. Any financial institution which willfully provides false information in reply to such notification shall be liable for a penalty of $1,000.00. 19-11-30.6. The commissioner of administrative services, in cooperation with the IV-D agency, shall establish a program of wage and bank information sharing with other states. The commissioner is authorized to enter into reciprocal agreements with other states to share lists of absent parents who owe support payments to the IV-D agency. Such reciprocal agreements shall only be made with states which administer programs that the commissioner of administrative services, in consultation with the IV-D agency, determines are substantially similar. The wage and bank information sharing program shall apply only to states which have similar prohibitions and penalties for disclosure of information. The prohibitions and penalties of Code Section 19-11-30.4 shall also apply to any such information received from any other state under a reciprocal agreement. 19-11-30.7. Code Section 19-11-30, 19-11-30.4, and 19-11-30.6 shall not be construed to prevent the release by the commissioners of administrative services and human resources of such wage and bank information data for the purposes described in Title IV-D of the federal Social Security Act. 19-11-30.8. The commissioner of administrative services shall file an annual report describing the status of the wage reporting and bank match systems. The report shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate for the previous state fiscal year no later than September 30 of each year. 19-11-30.9. As an exception to Code Section 7-1-360, a financial institution furnishing a report or providing information for the commissioner of administrative

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services under Code Section 19-11-30.2 shall not disclose to a depositor or an account holder that the name of such person has been received from or furnished to the Department of Administrative Services; provided, however, that a financial institution may disclose to its depositors or account holders that under the bank match system the Department of Administrative Services has the authority to request certain identifying information on certain depositors or account holders. If a financial institution willfully violates the provisions of this Code section, such institution shall pay to the Department of Administrative Services the lesser of $1,000.00 or the amount on deposit or in the account of the person to whom such disclosure was made. A financial institution shall incur no obligation or liability to a depositor or account holder or any other person arising from the furnishing of a report or information to the Department of Administrative Services pursuant to Code Section 19-11-30.2 or from the failure to disclose to a depositor or account holder that the name of such person was included in a list furnished by the Department of Administrative Services or in a report furnished by the financial institution to the Department of Administrative Services. 19-11-30.10. The IV-D agency shall have the authority to levy and seize a deposit or account in accordance with Code Section 19-11-32. 19-11-30.11. A financial institution may charge an account levied on by the commissioner of human resources a fee, as determined by the commissioner, of not less than $20.00 nor more than $50.00 which shall be deducted from such account prior to remitting funds to the Department of Human Resources. The commissioner of administrative services requesting bank or, account information under Code Section 19-11-30.2 shall not be liable for costs otherwise assessable pursuant to Code Section 7-1-237. SECTION 31. Said article is further amended by adding at the end thereof the following new Code sections, to be designated Code Sections 19-11-32 through 19-11-39, to read as follows: 19-11-32. (a) Notwithstanding other statutory provisions which provide for the execution, attachment, or levy against accounts, the IV-D agency, including its authorized contractors, may utilize the process established in this Code section and Code Sections 19-11-33 through 19-11-39 to collect delinquent support payments, provided that any exemptions or exceptions which specifically apply to enforcement of support obligations pursuant to other statutory provisions shall also apply.

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(b) An obligor is subject to the provisions of this Code section and Code Sections 19-11-33 through 19-11-39 if the obligor's support obligation is being enforced by the IV-D agency and if the support payments ordered pursuant to Georgia law or under a comparable statute of a foreign jurisdiction, as certified to the IV-D agency, are delinquent in an amount equal to the support payment for one month. (c) Any amount forwarded by a financial institution under this Code section and Code Sections 19-11-33 through 19-11-39 shall not exceed the delinquent or accrued amount of support owed by the obligor. Financial institutions subject to administrative levy are defined in paragraph (3) of subsection (a) of Code Section 19-11-30.2. 19-11-33. (a) The IV-D agency may proceed under Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-38 only if notice has been provided to the obligor in one of the following manners: (1) The obligor is provided notice of the provisions of this Code section in the court order establishing the support obligation. The IV-D agency or court or administrative law judge may include language in any new or modified support order issued on or after July 1, 1997, notifying the obligor that the obligor is subject to the provisions of Code Section 19-11-32, this Code section, and Code Sections 19-11-34 through 19-11-39; or (2) The IV-D agency may send a notice by regular mail to the last known address of the obligor. 19-11-34. (a) The IV-D agency may contact a financial institution to obtain verification of the account number, the names and social security numbers listed for the account, and the account balance of any account held by an obligor. A financial institution may require positive voice recognition and the telephone number of the authorized person from the IV-D agency before releasing an obligor's account information by telephone. (b) The financial institution is immune from any liability, civil or criminal, which might otherwise be incurred or imposed for any information released by the financial institution to the IV-D agency pursuant to this Code section. (c) Neither the financial institution nor the IV-D agency is liable for the cost of any early withdrawal penalty of an obligor's certificate of deposit. 19-11-35. (a) If an obligor is subject to the provisions of Code Section 19-11-32, the IV-D agency may initiate an administrative action to levy against the

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account or accounts of the obligor. If notice has previously been provided pursuant to Code Section 19-11-33, further notice is not required prior to such action. (b) The IV-D agency may send a notice to the financial institution with which the account is placed directing that the financial institution forward all or a portion of the moneys in the obligor's account or accounts to the IV-D agency or its collection services center. The notice shall be sent by certified mail. (c) The notice to the financial institution shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at the financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-34, this Code section, and Code Sections 19-11-36 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center; (4) The maximum amount that shall be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed the obligor; (5) The prescribed time frame which the financial institution must meet in forwarding amounts; (6) The address of the IV-D agency which will process the moneys forwarded; and (7) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-36. The IV-D agency shall notify an obligor subject to an administrative levy, as well as any other party known to have an interest in the account, of the action taken. The notice shall contain all of the following information: (1) The name and social security number of the obligor; (2) A statement that the obligor is believed to have one or more accounts at a specified financial institution; (3) A statement that, pursuant to the provisions of Code Sections 19-11-32 through 19-11-35, this Code section, and Code Sections 19-11-37 through 19-11-39, the obligor's accounts are subject to seizure and the financial institution is authorized and required to forward moneys to the IV-D agency or its collection services center;

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(4) The maximum amount to be forwarded by the financial institution, which shall not exceed the delinquent or accrued amount of support owed by the obligor; (5) The prescribed time frame within which the financial institution must comply; (6) A statement that any challenge to the action shall be in writing and must be received by the IV-D agency within ten days of the date of the notice to the obligor; (7) The address of the IV-D agency which will process the moneys forwarded; and (8) A telephone number, address, and contact name of the child support enforcement office contact initiating the action. 19-11-37. (a) Challenges to the administrative levy for child support arrearage may be initiated only by an obligor or by an account holder of interest. Actions initiated by the IV-D agency pursuant to Code Sections 19-11-32 through 19-11-36, this Code section, and Code Sections 19-11-38 and 19-11-39 are not subject to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' and the only hearing following notice to the financial institution directing the levy shall be in superior court pursuant to this Code section. (b) If a person decides to challenge the action taken by the IV-D agency, he or she must submit a written challenge within ten working days of the date of the notice, and the challenge must be directed to the person identified in the notice as the contact with the IV-D agency. (c) The IV-D agency shall, upon receipt of a written challenge, review the facts of the case with the challenging party. Only a mistake of fact, including but not limited to a mistake in the identity of the obligor or ownership of funds or a mistake in the amount of delinquent support due, shall be considered as a reason to dismiss or modify the proceeding. A rebuttable presumption shall exist in a joint account that the funds belong to the obligor, which presumption may only be rebutted by clear and convincing evidence. (d) If the IV-D agency determines that a mistake of fact has occurred, the agency shall proceed as follows: (1) If a mistake in identity has occurred or the obligor is not delinquent in an amount equal to the payment for one month, the IV-D agency shall notify the financial institution that the administrative levy has been released. The IV-D agency shall provide a copy of the notice to the support obligor by regular mail; or (2) If the obligor is delinquent but the amount of the delinquency is less than the amount indicated in the notice, the IV-D agency shall

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notify the financial institution of the revised amount with a copy to the obligor by regular mail. Upon written receipt of instructions from the IV-D agency, the financial institution shall release the funds in excess of the revised amount to the obligor and the moneys in the amount of the debt shall be processed according to Code Section 19-11-38. (e) If the IV-D agency finds no mistake of fact, the IV-D agency shall so notify the challenging party by regular mail. Upon a subsequent written request of the challenging party, the IV-D agency shall request a hearing before the superior court in the county in which the underlying support order is filed. (f) Once such a hearing has been requested, the IV-D agency shall proceed as follows: (1) Require the financial institution to encumber moneys; and (2) Require that the clerk of the superior court schedule a hearing for a time not later than 30 calendar days after the filing of the request for hearing. The time for hearing shall not be extended unless good cause for a later date is found by the court, in which event the time for a hearing may be extended for up to 30 days. The clerk shall mail copies of the request for hearing and the order scheduling the hearing to the IV-D agency and to all account holders of interest. (g) Once such a hearing has concluded, the IV-D agency shall proceed as follows: (1) If the superior court finds that there is a mistake of identity or that the obligor does not owe the delinquent support, the IV-D agency shall notify the financial institution that the administrative levy has been released; (2) If the superior court finds that the obligor has an interest in the account and the amount of support due was incorrectly overstated, the IV-D agency shall notify the financial institution to release the excess moneys to the obligor and remit the remaining moneys in the amount of the debt to the IV-D agency for disbursement to the appropriate recipient; or (3) If the superior court finds that the obligor has an interest in the account and the amount of support due is correct, the financial institution shall forward the moneys to the IV-D agency for disbursement to the appropriate recipient. (h) If the obligor or any other party known to have an interest in the account fails to appear at the hearing, the court may find the challenging party in default, shall ratify the administrative levy, if valid upon its face, and shall enter an order directing the financial institution to release the moneys to the IV-D agency.

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(i) Issues related to visitation, custody, or other provisions not related to levies against accounts are not grounds for a hearing under this Code section. (j) Support orders shall not be modified pursuant to this Code section, and any findings in the challenge of an administrative levy related to the amount of the accruing or accrued support obligation do not modify the underlying support order. (k) An order entered under this Code section for a levy against an account of a support obligor has priority over a levy for a purpose other than the support of the dependents in the order being enforced. (l) The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for the IV-D agency in the notice, or the IV-D agency may withdraw the administrative levy at any time prior to the court hearing and provide notice of the withdrawal to the obligor and any account holder of interest and to the financial institution by regular mail. (m) If the financial institution has forwarded moneys to the IV-D agency and has deducted a fee from the moneys of the account, or if any additional fees or costs are levied against the account, and all funds are subsequently refunded to the account due to a mistake of fact or ruling of the court, the IV-D agency shall reimburse the account for any fees assessed by the financial institution. If the mistake of fact is a mistake in the amount of support payments, however, the IV-D agency is not required to reimburse the account for any fees or costs levied against the account. Additionally, for the purposes of reimbursement to the account for any fees or costs, each certificate of deposit is considered a separate account. 19-11-38. (a) Upon receipt of a notice under Code Section 19-11-35, the financial institution shall do all of the following: (1) Immediately encumber funds in all accounts in which the obligor has an interest to the extent of the debt indicated in the notice; and (2) Forward the moneys encumbered to the IV-D agency no sooner than 15 days and no later than 20 days from the date the financial institution receives the notice pursuant to Code Section 19-11-35. Such money shall not be forwarded, however, if the IV-D agency notifies the financial institution of a challenge by an obligor or an account holder of interest. All encumbered moneys that are forwarded must be accompanied by the obligor's name and social security number, child support enforcement account number, and any other information required in the notice. (b) The financial institution may assess a fee against the obligor, not to exceed $10.00, for forwarding of moneys to the IV-D agency. This fee is

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in addition to the amount of support due. In the event that there are insufficient moneys to cover the fee and the support due, the institution may deduct the fee amount prior to forwarding moneys to the IV-D agency or its collection services center, and the amount credited to the support obligation shall be reduced by the fee amount. 19-11-39. (a) The department shall create by contract, cooperative agreement, or otherwise a computerized central case registry for all support orders entered by any court or administrative tribunal of this state. All IV-D agency orders as well as those not within the IV-D agency shall be registered in this data base. The department may enter into a cooperative agreement with the Administrative Office of the Courts so as to obtain information needed to create and maintain the state registry of orders as required by federal law. (b) The registry of orders shall include the following information for each case: the full names of each party and minor child, the date of birth and social security number for each such person, the last known address for each person at the time the order was entered, the name of the county in which the order was entered, any and all case identification numbers, including civil action filing numbers and IV-D agency assigned case numbers, and any such information as may be later required under federal law. (c) In any case handled by the IV-D agency, the registry shall include payment records as well as the amount of child support liens. The payment record shall include: (1) the amount of monthly or other periodic support owed under the order and other amounts including arrearages, interest or late payment penalties, and fees due or overdue under the order; (2) any amount described in item (1) of this subsection that has been collected; (3) the distribution of such collected accounts; (4) the birth date of any child for whom the order requires the provision of support; and (5) the amount of any lien imposed with respect to a child support order. (d) The state agency operating the state case registry shall promptly establish and update, maintain, and regularly monitor case records in the state case registry with respect to which services are being provided by the IV-D agency. Services to be monitored include: information on administrative actions and administrative and judicial proceedings and orders related to paternity and support; information obtained from comparison with federal, state, or local sources of information; information on support collections and distributions; and any other relevant information. (e) The information contained in the state case registry shall be available to state and federal agencies as authorized by law for the

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enforcement of support orders. The information shall be available for data comparisons with case registries of other states. SECTION 32. Article 2 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Uniform Reciprocal Enforcement of Support Act, is amended by inserting after Code Section 19-11-40 the following new Code section, to be designated Code Section 19-11-40.5, to read as follows: 19-11-40.5. No new petition may be filed, nor may any type of proceeding be initiated, under this article on or after January 1, 1998. It is the intent of the General Assembly that any petitions filed or proceedings initiated on or after January 1, 1998, be governed by the provisions of Article 3 of this chapter, the Uniform Interstate Family Support Act. The provisions of this article shall apply only to proceedings pending prior to January 1, 1998. SECTION 33. Said chapter is further amended by adding at the end thereof the following new article, to be designated Article 3, to read as follows: ARTICLE 3 Part 1 19-11-100. This article shall be known and may be cited as the Uniform Interstate Family Support Act. 19-11-101. As used in this article, the term: (1) Child means an individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent. (2) Child support order means a support order for a child, including a child who has attained the age of majority under the law of the issuing state. (3) Duty of support means an obligation imposed or which may be imposed by law to provide support for a child, spouse, or former spouse, including an unsatisfied obligation to provide support. (4) Home state means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable

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pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period. (5) `Income' includes earnings or other periodic entitlements to money from any source and any other property subject to withholding for support under the law of Georgia. (6) `Income-withholding order' means an order or other legal process directed to an obligor's employer or other debtor, pursuant to Code Sections 19-6-31 through 19-6-33, to withhold support from the income of the obligor. (7) `Initiating state' means a state from which a proceeding is forwarded or in which a proceeding is filed for forwarding to a responding state under this article or a law substantially similar to this article or under a law or procedure substantially similar to the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (8) `Initiating tribunal' means the authorized tribunal in an initiating state. (9) `Issuing state' means the state in which a tribunal issues a support order or renders a judgment determining parentage. (10) `Issuing tribunal' means the tribunal that issues a support order or renders a judgment determining parentage. (11) `Law' includes decisional and statutory law and rules and regulations having the force of law. (12) `Obligee' means: (A) An individual to whom a duty of support is or is alleged to be owed or in whose favor a support order has been issued or a judgment determining parentage has been rendered; (B) A state or political subdivision to which the rights under a duty of support or support order have been assigned or which has independent claims based on financial assistance provided to an individual obligee; or (C) An individual seeking a judgment determining parentage of the individual's child. (13) `Obligor' means an individual or the estate of a decedent: (A) Who owes or is alleged to owe a duty of support; (B) Who is alleged but has not been adjudicated to be a parent of a child; or

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(C) Who is liable under a support order. (14) `Register' means to record or file a support order or judgment determining parentage in the appropriate court for the recording or filing of foreign judgments generally or foreign support orders specifically. (15) `Registering tribunal' means a tribunal in which a support order is registered. (16) `Responding state' means a state in which a proceeding is filed or to which a proceeding is forwarded for filing from an initiating state under this article or a law or procedure substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (17) `Responding tribunal' means the authorized tribunal in a responding state. (18) `Spousal support order' means a support order for a spouse or former spouse of the obligor. (19) `State' means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes: (A) An Indian tribe; and (B) A foreign jurisdiction that has enacted a law or established procedures for issuance and enforcement of support orders which are substantially similar to the procedures under this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act. (20) `Support enforcement agency' means a public official or agency authorized to seek: (A) Enforcement of support orders or laws relating to the duty of support; (B) Establishment or modification of child support; (C) Determination of parentage; or (D) The location of obligors or their assets. (21) `Support order' means a judgment, decree, or order, whether temporary, final, or subject to modification, for the benefit of a child, a spouse, or a former spouse, which provides for monetary support, health care, arrearages, or reimbursement and may include related costs and fees, interest, income withholding, attorney's fees, and other relief.

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(22) `Tribunal' means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. 19-11-102. The superior courts, the Office of State Administrative Hearings, and the Department of Human Resources are the tribunals of Georgia for purposes of this article. 19-11-103. Remedies provided by this article are cumulative and do not affect the availability of remedies under other law. Part 2 19-11-110. In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (1) The individual is personally served with process within Georgia; (2) The individual submits to the jurisdiction of Georgia by consent, by entering a general appearance, or by filing a responsive document having the effect of waiving any contest to personal jurisdiction; (3) The individual resided with the child in Georgia; (4) The individual resided in Georgia and provided prenatal expenses or support for the child; (5) The child resides in Georgia as a result of the acts or directives of the individual; (6) The individual engaged in sexual intercourse in Georgia and the child may have been conceived by that act of intercourse; (7) The individual asserted parentage in the putative father registry maintained in this state by the Department of Human Resources; or (8) There is any other basis consistent with the Constitutions of Georgia and the United States for the exercise of personal jurisdiction. 19-11-111. A tribunal of Georgia exercising personal jurisdiction over a nonresident under Code Section 19-11-110 may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. In all other respects, Parts 3 through 7 of this article do not apply and the tribunal

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shall apply the procedural and substantive law of Georgia, including the rules on choice of law other than those established by this article. 19-11-112. Under this article, a tribunal in Georgia may serve as an initiating tribunal to forward proceedings to another state and as a responding tribunal for proceedings initiated in another state. 19-11-113. (a) A tribunal in Georgia may exercise jurisdiction to establish a support order if the petition or comparable pleading is filed after a pleading is filed in another state only if: (1) The petition or comparable pleading in Georgia is filed before the expiration of the time allowed in the other state for filing a responsive pleading challenging the exercise of jurisdiction by the other state; (2) The contesting party timely challenges the exercise of jurisdiction in the other state; and (3) If relevant, Georgia is the home state of the child. (b) A tribunal in Georgia may not exercise jurisdiction to establish a support order if the petition or comparable pleading is filed before a petition or comparable pleading is filed in another state if: (1) The petition or comparable pleading in the other state is filed before the expiration of the time allowed in Georgia for filing a responsive pleading challenging the exercise of jurisdiction by Georgia; (2) The contesting party timely challenges the exercise of jurisdiction in Georgia; and (3) If relevant, the other state is the home state of the child. 19-11-114. (a) A tribunal in Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a child support order: (1) As long as Georgia remains the residence of the obligor, the individual obligee, or the child for whose benefit the support order is issued; or (2) Until all of the parties who are individuals have filed written consents with the tribunal in Georgia for a tribunal of another state to modify the order and assume continuing, exclusive jurisdiction.

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(b) A tribunal in Georgia issuing a child support order consistent with the law of Georgia may not exercise its continuing jurisdiction to modify the order if the order has been modified by a tribunal of another state pursuant to this article or a law substantially similar to this article. (c) If a child support order of Georgia is modified by a tribunal of another state pursuant to this article or a law substantially similar to this article, a tribunal in Georgia loses its continuing, exclusive jurisdiction with regard to prospective enforcement of the order issued in Georgia and may only: (1) Enforce the order that was modified as to amounts accruing before the modification; (2) Enforce nonmodifiable aspects of that order; and (3) Provide other appropriate relief for violations of that order which occurred before the effective date of the modification. (d) A tribunal of Georgia shall recognize the continuing, exclusive jurisdiction of a tribunal of another state which has issued a child support order pursuant to this article or a law substantially similar to this article. (e) A temporary support order issued ex parte or pending resolution of a jurisdictional conflict does not create continuing, exclusive jurisdiction in the issuing tribunal. (f) A tribunal of Georgia issuing a support order consistent with the law of Georgia has continuing, exclusive jurisdiction over a spousal support order throughout the existence of the support obligation. A tribunal of Georgia may not modify a spousal support order issued by a tribunal of another state having continuing, exclusive jurisdiction over that order under the law of that state. 19-11-115. (a) A tribunal in Georgia may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state. (b) A tribunal in Georgia having continuing, exclusive jurisdiction over a support order may act as a responding tribunal to enforce or modify the order. If a party subject to the continuing, exclusive jurisdiction of the tribunal no longer resides in the issuing state, in subsequent proceedings the tribunal may apply Code Section 19-11-135 to receive evidence from another state and Code Section 19-11-137 to obtain discovery through a tribunal of another state. (c) A tribunal in Georgia which lacks continuing, exclusive jurisdiction over a spousal support order may not serve as a responding tribunal to modify a spousal support order of another state.

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19-11-116. (a) If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls and must be so recognized. (b) If a proceeding is brought under this article and two or more child support orders have been issued by tribunals of Georgia or another state with regard to the same obligor and child, a tribunal of Georgia shall apply the following rules in determining which order to recognize for purposes of continuing, exclusive jurisdiction: (1) If only one of the tribunals would have continuing, exclusive jurisdiction under this article, the order of that tribunal controls and must be so recognized; (2) If more than one of the tribunals would have continuing, exclusive jurisdiction under this article, an order issued by a tribunal in the current home state of the child controls and must be so recognized, but if an order has not been issued in the current home state of the child, the order most recently issued controls and must be so recognized; or (3) If none of the tribunals would have continuing, exclusive jurisdiction under this article, the tribunal of Georgia having jurisdiction over the parties shall issue a child support order, which controls and must be so recognized. (c) If two or more child support orders have been issued for the same obligor and child and if the obligor or the individual obligee resides in Georgia, a party may request a tribunal in Georgia to determine which order controls and must be so recognized under subsection (b) of this Code section. The request must be accompanied by a certified copy of every support order in effect. The requesting party shall give notice of the request to each party whose rights may be affected by the determination. (d) The tribunal that issued the controlling order under subsection (a), (b), or (c) of this Code section is the tribunal that has continuing, exclusive jurisdiction under Code Section 19-11-114. (e) A tribunal of Georgia which determines by order the identity of the controlling order under paragraph (1) or (2) of subsection (b) of this Code section or which issues a new controlling order under paragraph (3) of subsection (b) of this Code section shall state in that order the basis upon which the tribunal made its determination. (f) Within 30 days after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of it with each tribunal that issued or registered an earlier order of child support. A party who obtains the order and fails to file a certified

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copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the controlling order. 19-11-117. In responding to multiple registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of Georgia shall enforce those orders in the same manner as if the multiple orders had been issued by a tribunal of Georgia. 19-11-118. Amounts collected and credited for a particular period pursuant to a support order issued by a tribunal of another state must be credited against the amounts accruing or accrued for the same period under a support order issued by the tribunal of Georgia. Part 3 19-11-120. (a) Except as otherwise provided in this article, this part applies to all proceedings under this article. (b) This article provides for the following proceedings: (1) Establishment of an order for spousal support or child support pursuant to Part 4 of this article; (2) Enforcement of a support order and income-withholding order of another state without registration pursuant to Part 5 of this article; (3) Registration of an order for spousal support or child support of another state for enforcement pursuant to Part 6 of this article; (4) Modification of an order for child support or spousal support issued by a tribunal of Georgia pursuant to Code Sections 19-11-112 through 19-11-115; (5) Registration of an order for child support of another state for modification pursuant to Part 6 of this article; (6) Determination of parentage pursuant to Part 7 of this article; and (7) Assertion of jurisdiction over nonresidents pursuant to Code Sections 19-11-110 and 19-11-111. (c) An individual petitioner or a support enforcement agency may commence a proceeding authorized under this article by filing a petition in an initiating tribunal for forwarding to a responding tribunal or by filing a petition or a comparable pleading directly in a tribunal of

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another state which has or can obtain personal jurisdiction over the respondent. 19-11-121. A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child. 19-11-122. Except as otherwise provided by this article, a responding tribunal of Georgia: (1) Shall apply the procedural and substantive law, including the rules on choice of law, generally applicable to similar proceedings originating in Georgia and may exercise all powers and provide all remedies available in those proceedings; and (2) Shall determine the duty of support and the amount payable in accordance with the law and support guidelines of Georgia. 19-11-123. (a) Upon the filing of a petition authorized by this article, an initiating tribunal of this state shall forward three copies of the petition and its accompanying documents: (1) To the responding tribunal or appropriate support enforcement agency in the responding state; or (2) If the identity of the responding tribunal is unknown, to the state information agency of the responding state with a request that they be forwarded to the appropriate tribunal and that receipt be acknowledged. (b) If a responding state has not enacted this article or a law or procedure substantially similar to this article, a tribunal of Georgia may issue a certificate or other document and make findings required by the law of the responding state. If the responding state is a foreign jurisdiction, the tribunal may specify the amount of support sought and provide other documents necessary to satisfy the requirements of the responding state. 19-11-124. (a) When a responding tribunal of Georgia receives a petition or comparable pleading from an initiating tribunal or directly pursuant to subsection (c) of Code Section 19-11-120, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. (b) A responding tribunal of Georgia, to the extent otherwise authorized by law, may do one or more of the following:

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(1) Issue or enforce a support order, modify a child support order, or render a judgment to determine parentage; (2) Order an obligor to comply with a support order, specifying the amount and the manner of compliance; (3) Order income withholding; (4) Determine the amount of any arrearages and specify a method of payment; (5) Enforce orders by civil or criminal contempt, or both; (6) Set aside property for satisfaction of the support order; (7) Place liens and order execution on the obligor's property; (8) Order an obligor to keep the tribunal informed of the obligor's current residential address, telephone number, employer, address of employment, and telephone number at the place of employment; (9) Issue an order for the arrest of an obligor who has failed after proper notice to appear at a hearing ordered by the tribunal and enter the arrest order in any local and state computer systems; (10) Order the obligor to seek appropriate employment by specified methods; (11) Award reasonable attorney's fees and other fees and costs; and (12) Grant any other available remedy. (c) A responding tribunal of Georgia shall include in a support order issued under this article, or in the documents accompanying the order, the calculations on which the support order is based. (d) A responding tribunal of Georgia may not condition the payment of a support order issued under this article upon compliance by a party with provisions for visitation. (e) If a responding tribunal of Georgia issues an order under this article, the tribunal shall send a copy of the order to the petitioner and the respondent and to the initiating tribunal, if any. 19-11-125. If a petition or comparable pleading is received by an inappropriate tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. 19-11-126. (a) A support enforcement agency of this state, upon request, shall provide services to a petitioner in a proceeding under this article.

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(b) A support enforcement agency that is providing services to the petitioner as appropriate shall: (1) Take all steps necessary to enable an appropriate tribunal in Georgia or another state to obtain jurisdiction over the respondent; (2) Request an appropriate tribunal to set a date, time, and place for a hearing; (3) Make a reasonable effort to obtain all relevant information, including information as to income and property of the parties; (4) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written notice from an initiating, responding, or registering tribunal send a copy of the notice to the petitioner or other appropriate agency; (5) Within five days, exclusive of Saturdays, Sundays, and legal holidays, after receipt of a written communication from the respondent or the respondent's attorney, send a copy of the communication to the petitioner; and (6) Notify the petitioner if jurisdiction over the respondent cannot be obtained. (c) This article does not create a relationship of attorney-client or other fiduciary relationship between a support enforcement agency or the attorney for the agency and the individual being assisted by the agency. 19-11-127. (a) The district attorney of each judicial circuit shall be authorized to represent the Department of Human Resources in any proceeding under this article; otherwise, at the option of the district attorney, actions under this article on behalf of the department shall be brought by attorneys appointed by the Attorney General. Written delegation of such duties previously executed by a district attorney pursuant to Article 2 of this chapter, the `Uniform Reciprocal Enforcement of Support Act,' particularly Code Section 19-11-53, shall constitute a delegation of such representation to the Attorney General for purposes of this article. In all actions brought or maintained by the Department of Human Resources, the department shall be regarded as the sole client of such attorney, and no attorney-client relationship shall be created between such attorney and any individual seeking or receiving services under this article through the Department of Human Resources. The department may require a completed application for services pursuant to Title IV-D of the federal Social Security Act as a condition of providing any services under this article. (b) Where a support order is established pursuant to Code Section 19-11-140 incident to representation of the department by the district

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attorney, there shall be paid to the county in which the petition is handled the sum of $50.00 for each such support order established, whether this state is the initiating or responding jurisdiction. (c) If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the Attorney General may provide those services directly to the individual. 19-11-128. An individual may employ private counsel to represent the individual in proceedings authorized by this article. 19-11-129. (a) The Department of Human Resources is the state information agency under this article. (b) The state information agency shall: (1) Compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this article and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state; (2) Maintain a register of tribunals and support enforcement agencies received from other states; (3) Forward to the appropriate tribunal in the place in Georgia in which the individual obligee or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this article received from an initiating tribunal or the state information agency of the initiating state; and (4) Obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by other law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver's licenses, and social security. 19-11-130. (a) A petitioner seeking to establish or modify a support order or to determine parentage in a proceeding under this article must verify the petition. Unless otherwise ordered under Code Section 19-11-131, the petition or accompanying documents must provide, so far as known, the name, residential address, and social security numbers of the obligor and the obligee and the name, sex, residential address, social security number, and date of birth of each child for whom support is sought. The

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petition must be accompanied by a certified copy of any support order in effect. The petition may include any other information that may assist in locating or identifying the respondent. (b) The petition must specify the relief sought. The petition and accompanying documents must conform substantially with the requirements imposed by the forms mandated by federal law for use in cases filed by a support enforcement agency. 19-11-131. Upon a finding, which may be made ex parte, that the health, safety, or liberty of a party or child would be unreasonably put at risk by the disclosure of identifying information, or if an existing order so provides, a tribunal shall order that the address of the child or party or other identifying information not be disclosed in a pleading or other document filed in a proceeding under this article. 19-11-132. (a) The petitioner may not be required to pay a filing fee or other costs. (b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs and may be ordered paid directly to the attorney, who may enforce the order in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. (c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under Part 6 of this article, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change. 19-11-133. (a) Participation by a petitioner in a proceeding before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceeding. (b) A petitioner is not amenable to service of civil process while physically present in this state to participate in a proceeding under this article. (c) The immunity granted by this Code section does not extend to civil litigation based on acts unrelated to a proceeding under this article

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committed by a party while present in Georgia to participate in the proceeding. 19-11-134. A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this article. 19-11-135. (a) The physical presence of the petitioner in a responding tribunal of Georgia is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage. (b) A verified petition, affidavit, document substantially complying with federally mandated forms, and a document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible in evidence if given under oath by a party or witness residing in another state. (c) A copy of the record of child support payments certified as a true copy of the original by the custodian of the record may be forwarded to a responding tribunal. The copy is evidence of facts asserted in it and is admissible to show whether payments were made. (d) Copies of bills for testing for parentage and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least ten days before trial, are admissible in evidence to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. (e) Documentary evidence transmitted from another state to a tribunal of Georgia by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission. (f) In a proceeding under this article, a tribunal of Georgia may permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means at a designated tribunal or other location in that state. A tribunal of this state shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony. (g) If a party called to testify at a civil hearing refuses to answer on the ground that the testimony may be self-incriminating, the trier of fact may draw an adverse inference from the refusal. (h) A privilege against disclosure of communications between spouses does not apply in a proceeding under this article.

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(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this article. 19-11-136. A tribunal in Georgia may communicate with a tribunal of another state in writing, or by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal in Georgia may furnish similar information by similar means to a tribunal of another state. 19-11-137. A tribunal of this state may: (1) Request a tribunal of another state to assist in obtaining discovery; and (2) Upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by a tribunal of another state. 19-11-138. A support enforcement agency or tribunal in Georgia shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by the custodian of the record of the amounts and dates of all payments received. Part 4 19-11-140. (a) If a support order entitled to recognition under this article has not been issued, a responding tribunal of this state may issue a support order if: (1) The individual seeking the order resides in another state; or (2) The support enforcement agency seeking the order is located in another state. (b) The tribunal may issue a temporary child support order if: (1) The respondent has signed a verified statement acknowledging parentage; (2) The respondent has been determined by or pursuant to law to be the parent; or (3) There is other clear and convincing evidence that the respondent is the child's parent.

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(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to Code Section 19-11-124. Part 5 19-11-150. An income-withholding order issued in another state may be sent to the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33 without first filing a petition or comparable pleading or registering the order with a tribunal of this state. 19-11-151. (a) Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. (b) The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tribunal of Georgia. (c) Except as otherwise provided by subsection (d) of this Code section and Code Section 19-11-152, the employer shall withhold and distribute the funds as directed in the withholding order by complying with the terms of the order which specify: (1) The duration and the amount of periodic payments of current child support, stated as a sum certain; (2) The person or agency designated to receive payments and the address to which the payments are to be forwarded; (3) Medical support, whether in the form of periodic cash payment, stated as a sum certain, or ordering the obligor to provide health insurance coverage for the child under a policy available through the obligor's employment; (4) The amount of periodic payments of fees and costs for a support enforcement agency, the issuing tribunal, and the obligee's attorney, stated as sums certain; and (5) The amount of periodic payments of arrearages and interest on arrearages, stated as sums certain. (d) An employer shall comply with the law of the state of the obligor's principal place of employment for withholding from income with respect to: (1) The employer's fee for processing an income-withholding order; (2) The maximum amount permitted to be withheld from the obligor's income; and

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(3) The time periods within which the employer must implement the withholding order and forward the child support payment. 19-11-152. If an obligor's employer receives multiple income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the multiple orders if the employer complies with the law of the state of the obligor's principal place of employment to establish the priorities for withholding and allocating income withheld for multiple child support obligees. 19-11-153. An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding of child support from the obligor's income. 19-11-154. An employer who willfully fails to comply with an income-withholding order issued by another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal in Georgia. 19-11-155. (a) An obligor may contest the validity or enforcement of an income-withholding order issued in another state and received directly by an employer in Georgia in the same manner as if the order had been issued by a tribunal of Georgia. Code Section 19-11-163 applies to the contest. (b) The obligor shall give notice of the contest to: (1) Any support enforcement agency providing services to the obligee; (2) Each employer that has directly received an income-withholding order; and (3) The person or agency designated to receive payments in the income-withholding order or, if no person or agency is designated, to the obligee. 19-11-156. (a) A party seeking to enforce a support order or an income-withholding order, or both, issued by a tribunal of another state may send the documents required for registering the order to a support enforcement agency of Georgia. (b) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order, shall consider and, if

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appropriate, use any administrative procedure authorized by the law of Georgia to enforce a support order or an income-withholding order, or both. If the obligor does not contest administrative enforcement, the order need not be registered. If the obligor contests the validity or administrative enforcement of the order, the support enforcement agency shall register the order pursuant to this article. Part 6 19-11-160. A support order or an income-withholding order issued by a tribunal of another state may be registered in Georgia for enforcement. 19-11-161. (a) A support order or income-withholding order of another state may be registered in Georgia by sending the following documents and information to the appropriate tribunal in Georgia: (1) A letter of transmittal to the tribunal requesting registration and enforcement; (2) Two copies, including one certified copy, of all orders to be registered, including any modification of an order; (3) A sworn statement by the party seeking registration or a certified statement by the custodian of the records showing the amount of any arrearage; (4) The name of the obligor and, if known: (A) The obligor's address and social security number; (B) The name and address of the obligor's employer and any other source of income of the obligor; and (C) A description and the location of property of the obligor in Georgia not exempt from execution; and (5) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to be remitted. (b) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information, regardless of their form. (c) A petition, motion, or comparable filing seeking a remedy that must be affirmatively sought under other laws of this state, and discovery incident thereto, may be filed at the same time as the request for registration or later. The pleading, motion, or other filing must specify the grounds for the remedy sought. For purposes of this subsection, remedies sought may include, but are not limited to, a rule for contempt or a petition for entry of an income deduction order.

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19-11-162. (a) A support order or income-withholding order issued in another state is registered when the order is filed in the registering tribunal of Georgia. (b) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal in Georgia. (c) Except as otherwise provided in this part, a tribunal in Georgia shall recognize and enforce, but may not modify, a registered order if the issuing tribunal had jurisdiction. 19-11-163. (a) The law of the issuing state governs the nature, extent, amount, and duration of current payments and other obligations of support and the payment of arrearages under the order. (b) In a proceeding for arrearages, the statute of limitation under the laws of Georgia or of the issuing state, whichever is longer, applies. 19-11-164. (a) When a support order or income-withholding order issued in another state is registered, the registering tribunal shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents and relevant information accompanying the order. (b) The notice must inform the nonregistering party: (1) That a registered order is enforceable as of the date of registration in the same manner as an order issued by a tribunal of Georgia; (2) That a hearing to contest the validity or enforcement of the registered order must be requested within 20 days after notice; (3) That failure to contest the validity or enforcement of the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the alleged arrearages and precludes further contest of that order with respect to any matter that could have been asserted; and (4) Of the amount of any alleged arrearages. (c) Upon registration of an income-withholding order for enforcement, the registering tribunal shall notify the obligor's employer pursuant to Code Sections 19-6-31 through 19-6-33. 19-11-165. (a) A nonregistering party seeking to contest the validity or enforcement of a registered order in Georgia shall request a hearing within 20

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days after notice of the registration. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to Code Section 19-11-166. (b) If the nonregistering party fails to contest the validity or enforcement of the registered order in a timely manner, the order is confirmed by operation of law. (c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing. 19-11-166. (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (1) The issuing tribunal lacked personal jurisdiction over the contesting party; (2) The order was obtained by fraud; (3) The order has been vacated, suspended, or modified by a later order; (4) The issuing tribunal has stayed the order pending appeal; (5) There is a defense under the law of Georgia to the remedy sought; (6) Full or partial payment has been made; or (7) The statute of limitation under Code Section 19-11-163 precludes enforcement of some or all of the arrearages. (b) If a party presents evidence establishing a full or partial defense under subsection (a) of this Code section, a tribunal may stay enforcement of the registered order, continue the proceeding to permit production of additional relevant evidence, and issue temporary or other appropriate orders. Any portion of the registered order which is not in dispute may be enforced by all remedies available under the laws of Georgia. (c) If the contesting party does not establish a defense under subsection (a) of this Code section to the validity or enforcement of the order, the registering tribunal shall issue an order confirming the order. 19-11-167. Confirmation of a registered, order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

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19-11-168. A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in Georgia in the same manner provided in Code Sections 19-11-160 through 19-11-163 if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for modification. 19-11-169. A tribunal of Georgia may enforce a child support order of another state registered for purposes of modification in the same manner as if the order had been issued by a tribunal of Georgia, but the registered order may be modified only if the requirements of Code Section 19-11-170 have been met. 19-11-170. (a) After a child support order issued in another state has been registered in Georgia, the responding tribunal of Georgia may modify that order only if Code Section 19-11-172 does not apply and, after notice and hearing, it finds that: (1) The following requirements are met: (A) The child, the individual obligee, and the obligor do not reside in the issuing state; (B) A petitioner who is a nonresident of Georgia seeks modification; and (C) The respondent is subject to the personal jurisdiction of the tribunal of Georgia; or (2) The child, or a party who is an individual, is subject to the personal jurisdiction of the tribunal of Georgia and all of the parties who are individuals have filed written consents in the issuing tribunal for a tribunal of this state to modify the support order and assume continuing, exclusive jurisdiction over the order. However, if the issuing state is a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures under this article, the consent otherwise required of an individual residing in this state is not required for the tribunal to assume jurisdiction to modify the child support order. (b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this state, and the order may be enforced and satisfied in the same manner.

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(c) A tribunal in Georgia may not modify any aspect of a child support order that may not be modified under the law of the issuing state. If two or more tribunals have issued child support orders for the same obligor and child, the order that controls and must be so recognized under the provisions of Code Section 19-11-116 establishes the aspects of the support order which are nonmodifiable. (d) On issuance of an order modifying a child support order issued in another state, a tribunal of Georgia becomes the tribunal having continuing, exclusive jurisdiction. 19-11-171. A tribunal in Georgia shall recognize a modification of its earlier child support order by a tribunal of another state which assumed jurisdiction pursuant to this article or a law substantially similar to this article and, upon request, except as otherwise provided in this article, shall: (1) Enforce the order that was modified only as to amounts accruing before the modification; (2) Enforce only nonmodifiable aspects of that order; (3) Provide other appropriate relief only for violations of that order which occurred before the effective date of the modification; and (4) Recognize the modifying order of the other state, upon registration, for the purpose of enforcement. 19-11-172. (a) If all of the parties who are individuals reside in Georgia and the child does not reside in the issuing state, a tribunal in Georgia has jurisdiction to enforce and to modify the issuing state's child support order in a proceeding to register that order. (b) A tribunal in Georgia exercising jurisdiction as provided in this Code section shall apply the provisions of Parts 1 and 2 of this article and the procedural and substantive law of Georgia to the proceeding for enforcement or modification. Parts 3, 4, 5, 7, and 8 of this article do not apply. 19-11-173. Within 30 days after issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the

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validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction. Part 7 19-11-180. (a) A tribunal of this state may serve as an initiating or responding tribunal in a proceeding brought under this article or a law substantially similar to this article, or the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act to determine that the petitioner is parent of a particular child or to determine that a respondent is a parent of that child. (b) In a proceeding to determine parentage, a responding tribunal in Georgia shall apply the procedural and substantive law of this state and the rules of this state on choice of law. Part 8 19-11-185. (a) For purposes of this part, the term `governor' includes an individual performing the functions of governor or the executive authority of a state covered by this article. (b) The Governor of this state may: (1) Demand that the governor of another state surrender an individual found in the other state who is chargd criminally in this state with having failed to provide for the support of an obligee; or (2) On the demand by the governor of another state, surrender an individual found in this state who is charged criminally in the other state with having failed to provide for the support of an obligee. (c) A provision for extradition of individuals not inconsistent with this article applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom. 19-11-186. (a) Before making demand that the governor of another state surrender an individual charged criminally in this state with having failed to provide for the support of an obligee, the Governor of this state may require a prosecutor of this state to demonstrate that at least 90 days previously the obligee had initiated proceedings for support pursuant to this article or that the proceeding would be of no avail. (b) If, under this article or a law substantially similar to this article, the Uniform Reciprocal Enforcement of Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another

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state makes a demand that the Governor of this state surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor of this state may require a prosecutor to investigate the demand and report whether a proceeding for support has been initated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor of this state may delay honoring the demand for a reasonable time to permit the initiation of a proceeding. (c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor of this state may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor of this state may decline to honor the demand if the individual is complying with the support order. Part 9 19-11-190. This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of the article among states enacting it. 19-11-191. If any provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. SECTION 34. Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to game and fish licenses, permits, and stamps generally, is amended by adding immediately following Codes Section 27-2-25.1 a new Code section, to be designated Code Section 27-2-25.2, to read as follows: 27-2-25.2. The commissioner shall have the power to suspend any license required by this title when such license holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. The commissioner shall also have the power to deny the application for issuance or renewal of a license required by this title when such applicant is not in compliance with a court order for child support as provided in Code Section 19-6-28.1. Notwithstanding the provisions of Code Section 27-2-25, the hearings and appeal procedures provided for in Code

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Section 19-6-28.1 shall be the only such procedures required to suspend or deny any license pursuant to this Code section. SECTION 35. Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, is amended by striking in its entirety Code Section 31-10-9.1, relating to social security account information of parents, and inserting in lieu thereof a new Code Section 31-10-9.1 to read as follows: 31-10-9.1. (a) Social security account information of the mother and father, if paternity is acknowledged by the father, of a child born within this state shall be entered in the medical and health statistics section of the certificate of live birth at the time of filing the certificate of birth as provided in Code Section 31-10-9. (b) The state registrar shall make available the records of parent name and social security number to the Child Support Enforcement Agency of the Department of Human Resources for its use in the establishment of paternity or the enforcement of child support orders. (c) Information obtained by the Child Support Enforcement Agency of the Department of Human Resources pursuant to this Code section may be used in an action or proceeding before any court, administrative tribunal, or other body for the purpose of establishing a child support obligation, collecting child support, or locating individuals owing the obligation. SECTION 36. Section 26 of this Act shall become effective upon this Act's approval by the Governor or upon its becoming law without such approval. Section 32 of this Act shall become effective on January 1, 1998. Sections 16 and 33 of this Act shall become effective on January 1, 1998, and shall apply to all proceedings initiated on or after that date. All other provisions of this Act shall become effective on July 1, 1997. SECTION 37. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997.

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EDUCATION AFTER-SCHOOL PROGRAMS FOR MIDDLE SCHOOL AGE CHILDREN. Code Section 20-2-312 Enacted. No. 492 (Senate Bill No. 50). AN ACT To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs so as to direct the Department of Education to operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours; to provide for operation of the state program through the encouragement and coordination of local programs; to authorize grants for the purpose of funding local programs; to provide for the goals and evaluation of the state program and local programs; 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. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs, is amended by adding at its end a new Code section to read as follows: (a) The Department of Education shall, in consultation with the Georgia School Age Care Association, operate a state program designed to provide enhanced academic resources, community service activities, and other enrichment activities to middle school age children during nonschool hours. The state program shall operate through the encouragement and coordination of local programs providing such resources. Additionally, to the extent that funds are appropriated or otherwise made available to the Department of Education, the office may make grants for the purpose of funding such local programs. Any such grants shall be made in accordance with the provisions of Article 5 of Chapter 5 of Title 28, the `Fair and Open Grants Act of 1993.' (b) The goals of the state program shall include, but not necessarily be limited to, increased participation by middle school age children in local programs which will result in: (1) Improvement in school attendance and academic performance of participating students; (2) Reduction of the number of middle school age children who are unsupervised during nonschool hours;

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(3) Increased participation by students in supervised academic, educational, and voluntary community service activities; and (4) Reduction of juvenile crime and substance abuse and teenage pregnancy; provided, however, that in programs operated by local school systems, any sex education materials or sex education classes shall be in accordance with the provisions set forth in Code Section 20-2-143. (c) The Department of Education shall conduct an annual review of the effectiveness of state and local programs provided for in this Code section. Such review shall include to the maximum extent possible: (1) An impact analysis using data indicating whether the state program and local programs have: (A) increased the academic success of participating students; and (B) decreased the incidence of adverse behaviors such as truancy, substance abuse, and juvenile crime among participating students; and (2) Evaluation of the state program and local programs by affected parties, including participating students and their parents, educators, law enforcement and juvenile court officers, and health care providers. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997. COURTS JUVENILE PROCEEDINGS; BIOLOGICAL FATHERS WHO ARE NOT LEGAL FATHERS; TERMINATIONS OF PARENT-CHILD RELATIONSHIPS; LEGITIMATION PETITIONS; LEGITIMATION AND CHILD SUPPORT HEARINGS; LEGITIMATION RECORDS. Code Title 15, Chapter 11, Article 1 Amended. Code Section 19-7-22 Amended. No. 493 (Senate Bill No. 26). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, and Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, so as to change provisions relating to the jurisdiction for termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; to provide for concurrent jurisdiction in the juvenile court regarding such matters in connection with adoption proceedings; to provide for concurrent jurisdiction in the juvenile court and superior court for petitions for legitimation; to provide for a jury trial regarding support if a demand for such is properly filed by either parent; to provide for admittance of the general public to child support and legitimation hearings; to provide for public inspection of files and records in legitimation cases; to provide for permanent records of legitimation cases; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-5, relating to the jurisdiction of the juvenile court, by striking in its entirety subsection (a), inserting in lieu thereof a new subsection (a), and inserting a new subsection to be designated subsection (e) to read as follows: (a) Exclusive original jurisdiction. Except as provided in subsection (b) of this Code section, the court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child: (A) Who is alleged to be delinquent; (B) Who is alleged to be unruly; (C) Who is alleged to be deprived; (D) Who is alleged to be in need of treatment or commitment as a mentally ill or mentally retarded child; (E) Who is alleged to have committed a juvenile traffic offense as defined in Code Section 15-11-49; or (F) Who has been placed under the supervision of the court or on probation to the court; provided, however, that such jurisdiction shall be for the sole purpose of completing, effectuating, and enforcing such supervision or a probation begun prior to the individual's seventeenth birthday; or (2) Involving any proceedings: (A) For obtaining judicial consent to the marriage, employment, or enlistment in the armed services of any person if such consent is required by law; (B) Under the Interstate Compact on Juveniles, or any comparable law, if enacted or adopted in this state;

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(C) For the termination of the legal parent-child relationship and the rights of the biological father who is not the legal father of the child, other than that in connection with adoption proceedings under Chapter 8 of Title 19, in which the superior courts shall have concurrent jurisdiction to terminate the legal parent-child relationship and the rights of the biological father who is not the legal father of the child; or (D) Under Article 3 of this chapter, relating to prior notice to a parent or guardian relative to an unemancipated minor's decision to seek an abortion. (e) Concurrent jurisdiction as to legitimation petitions. (1) The juvenile court shall have concurrent jurisdiction to hear any legitimation petition transferred to the juvenile court by proper order of the superior court. (2) The juvenile court shall have jurisdiction to hear any legitimation petition filed pursuant to Code Section 19-7-22 as to a child with respect to whom a deprivation proceeding is pending in the juvenile court at the time the legitimation petition is filed. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, after a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial. SECTION 2. Said article is further amended by striking in its entirety subsection (c.1) of Code Section 15-11-28, relating to hearings, and inserting in lieu thereof the following: (c.1) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a designated felony pursuant to Code Section 15-11-37; (2) An adjudicatory hearing involving an allegation of delinquency brought in the interest of any child who has previously been adjudicated delinquent; provided, however, the court shall close any delinquency hearing on an allegation of sexual assault or any delinquency hearing at which any party expects to introduce substantial evidence related to matters of deprivation; (3) Any child support hearing; (4) Any hearing in a legitimation action filed pursuant to Code Section 19-7-22; or (5) At the court's discretion, any dispositional hearing involving any proceeding under this article.

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SECTION 3. Said article is further amended by striking in its entirety Code Section 15-11-58, relating to inspection of court files and records, and inserting in lieu thereof the following: 15-11-58. (a) Except as provided in subsection (b) of this Code section, all files and records of the court in a proceeding under this article are open to inspection only upon order of the court. (b) Subject to the requirements of subsection (d) of Code Section 15-11-33 and Code Section 15-11-61, the general public shall be allowed to inspect court files and records for cases arising under Code Section 15-11-49 or any complaint, petition, or order from any case that was open to the public pursuant to subsection (c.1) of Code Section 15-11-28. The general public shall be allowed to inspect court files and records for proceedings involving a legitimation petition under the jurisdiction of the juvenile court pursuant to paragraph (1) or (2) of subsection (e) of Code Section 15-11-5. (c)(1) The judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution the judge may deem proper and may punish by contempt any violation of those conditions. (2) The judge may permit any school principal or any school guidance counselor, school social worker, or school psychologist who is certified under Chapter 2 of Title 20 and who is counseling a student as a part of such counseling person's school employment duties to review official records of the court in any proceeding under this chapter concerning that student, including but not limited to records of that child's controlled substance or marijuana abuse, which records are protected by Code Section 49-5-41.1, under whatever conditions that the judge may deem proper and may punish by contempt any violation of those conditions. (d) The judge shall permit authorized representatives of the Department of Children and Youth Services, the Department of Corrections, the Children and Youth Coordinating Council, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. SECTION 4. Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-65, relating to juvenile court as a court of inquiry and court of record, and warrants, and inserting in lieu thereof the following:

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(c) Records. Subject to the earlier sealing of certain records pursuant to Code Section 15-11-61, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child until ten years after the last entry was made. Thereafter, the court may destroy such records, except that records of cases where orders were entered permanently depriving a parent of the custody of a child and records of cases involving a petition for legitimation of a child filed pursuant to Code Section 19-7-22 shall be preserved permanently. The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed therein and shall make social records consisting of records of investigation and treatment and other confidential information. SECTION 5. Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to legitimacy, is amended by striking in its entirety Code Section 19-7-22, relating to petitions for legitimation, and inserting in its place the following: 19-7-22. (a) A father of a child born out of wedlock may render the same legitimate by petitioning the superior court of the county of his residence, the county of residence of the child, or, if a petition for the adoption of the child is pending, the county in which the adoption petition is filed for legitimation of the child. (b) The petition shall set forth the name, age, and sex of the child, the name of the mother, and, if the father desires the name of the child to be changed, the new name. If the mother is alive, she shall have notice of the petition for legitimation. (c) Upon the presentation and filing of the petition, the court may pass an order declaring the child to be legitimate and to be capable of inheriting from the father in the same manner as if born in lawful wedlock and specifying the name by which the child shall be known. (d) A legitimation petition may be filed, pursuant to paragraph (2) of subsection (e) of Code Section 15-11-5, in the juvenile court of the county in which a deprivation proceeding regarding the child is pending. (e) Except as provided by subsection (f) of this Code section, the court shall upon notice to the mother further establish such duty as the father may have to support the child, considering the facts and circumstances of the mother's obligation of support and the needs of the child. (f) After a petition for legitimation is granted, if a demand for a jury trial as to support has been properly filed by either parent, then the case shall be transferred to superior court for such jury trial.

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SECTION 6. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997. DOMESTIC RELATIONS BIOLOGICAL FATHERS WHO ARE NOT LEGAL FATHERS; JUVENILE PROCEEDINGS AND PARENTAL RIGHTS; ADOPTION; CHILD SUPPORT RECOVERY; PUTATIVE FATHER REGISTRY. Code Title 15, Chapter 11 Amended. Code Title 19 Amended. No. 494 (Senate Bill No. 28). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, and Article 1 of Chapter 11 of the Title 19 of the Official Code of Georgia Annotated, known as the Child Support Recovery Act, so as to add definitions; to provide for a certificate from the putative father registry as an amendment to petitions seeking termination of the rights of a biological father who is not a legal father and to petitions for adoption in certain circumstances; to change provisions relating to notice to biological fathers who are not legal fathers regarding actions to terminate rights and adoption proceedings; to provide for a rebuttable presumption that a biological father who is not the legal father is not entitled to notice in certain circumstances; to provide for termination of rights of a biological father who is not a legal father after notice or without notice in certain circumstances; to provide for legislative findings; to make notice provisions relating to biological fathers who are not legal fathers similar for juvenile court proceedings and adoption proceedings; to provide for the release of the identity of a biological parent to an adopted child if the biological parent is decreased; to provide for changes in the putative father registry; to provide for two types of registration and for information to be provided to registrants; to provide for publicizing the putative father registry; to provide for keeping the putative father registry current and providing prompt response to requests; to provide for information from the putative father registry and other sources to be available to child-placing agencies and attorneys for adoption purposes; to provide for fees and their waiver, transmittal, and accounting; to provide for procedures for rescinding voluntary acknowledgments of paternity; to provide for notices, forms, and educational materials; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended in Code Section 15-11-2, relating to definitions, by redesignating existing paragraph (10.1) as (10.5) and by inserting new paragraphs, to be designated paragraphs (1.1), (10.1), (10.2), (10.3), and (10.4) to read as follows: (1.1) Biological father means the male who impregnated the biological mother resulting in the birth of the child. (10.1) Legal father means a male who: (A) Has legally adopted a child; (B) Was married to the biological mother of that child at the time the child was conceived or was born, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (C) Married the legal mother of the child after the child was born and recognized the child as his own, unless such paternity was disproved by a final order pursuant to Article 3 of Chapter 7 of Title 19; (D) Has been determined to be the father by a final paternity order pursuant to Article 3 of Chapter 7 of Title 19; or (E) Has legitimated the child by a final order pursuant to Code Section 19-7-22, and who has not surrendered or had terminated his rights to the child. (10.2) Legal mother means the female who is the biological or adoptive mother of the child and who has not surrendered or had terminated her rights to the child. (10.3) Parent means either the legal father or the legal mother of the child. (10.4) Putative father registry means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. SECTION 2. Said chapter is further amended in Code Section 15-11-82, relating to petitions to terminate parental rights, by inserting a new subsection to be designated subsection (d) to read as follows:

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(d) When a petition seeks termination of the rights of biological father who is not the legal father and who has not surrendered his rights to the child, the petition shall be amended to include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of a child of the child's mother pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall document a search of the registry on or after the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition or as of a date later than the date of the petition. SECTION 3. Said chapter is further amended by striking in its entirety subsections (e) through (h) of Code Section 15-11-83, relating to the summons and rights of biological fathers, and inserting in their place the following: (e) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 he shall be notified of the proceedings pursuant to this Code section in the following circumstances: (1) If his identity is known to the petitioner or the petitioner's attorney; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (d)(2)(A) of Code Section 19-11-9; (3) If he is a registrant on the putative father registry who has indicated possible paternity of a child of the child's mother in accordance with subparagraph (d)(2)(B) of Code Section 19-11-9 during a period beginning two years immediately prior to the child's date of birth; or (4) If the court finds from the evidence, including but not limited to the affidavit of the mother executed in compliance with the court's requirement pursuant to subsection (g) of this Code section in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts: (A) Lived with the child; (B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or

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(D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. (f) Notification provided for in subsection (e) of this Code section shall be given to a biological father who is not a legal father by the following methods: (1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt; (2) Personal service, which notice shall be deemed received when personal service is perfected; or (3) Publication once a week for three weeks in the official organ of the county where the petition has been field and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication. (g) If there is a biological father who is not the legal father of the child and the identify of such biological father is not known to the petitioner or the petitioner's attorney, then the court shall be authorized to require the mother to execute an affidavit regarding such father in the form provided in subsection (h) of Code Section 19-8-26 or show cause before the court if she refuses. If the court finds from the evidence including but not limited to the affidavit of the mother that such biological father who is not the legal father has not performed any of the following acts: (1) Lived with the child; (2) Contributed to the child's support; (3) Made any attempt to legitimate the child; or (4) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child, and the petitioner provides a certificate from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child's mother for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child.

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(h) When notice is given pursuant to subsection (e) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will not be entitled to object to the termination of his rights to the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section is pending. (i) A biological father who is not the legal father loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the termination of his rights to the child if within 30 days from his receipt of the notice provided for in subsection (e) of this Code section he: (1) Does not file a legitimation petition and give notice as required in subsection (h) of this Code section; (2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or (3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the legal father of the child. SECTION 4. Chapter 8 of Title 19 of the of the Official Code of Georgia Annotated, relating to adoption, is amended by inserting a new subsection to be designated subsection (10) in Code Section 19-8-1, relating to definitions, to read as follows: (10) `Putative father registry' means the registry established and maintained pursuant to subsections (d) and (e) of Code Section 19-11-9. SECTION 5. Said chapter is further amended by striking in its entirety Code Section 19-8-12, relating to the rights of biological fathers who are not legal fathers, and inserting in its place the following: 19-8-12. (a) The General Assembly finds that: (1) The state has a compelling interest in promptly providing stable and permanent homes for adoptive children, and in preventing the disruption of adoptive placements;

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(2) Adoptive children have a right to permanence and stability in adoptive placements; (3) Adoptive parents have a constitutionally protected liberty and privacy interest in retaining custody of children; (4) A biological father who is not the legal father may have an interest in his biological child. This inchoate interest is lost by failure to develop a familial bond with the child and acquires constitutional protection only if the biological father who is not the legal father develops a familial bond with the child; (5) The subjective intent of a biological father who is not a legal father, whether expressed or otherwise, unsupported by evidence of acts manifesting such intent, shall not preclude a determination that the biological father who is not a legal father has failed to develop a familial bond with the child; and (6) A man who has engaged in a nonmarital sexual relationship with a woman is deemed to be on notice that a pregnancy and adoption proceeding regarding a child may occur and has a duty to protect his own rights and interests in that child. He is therefore entitled to notice of an adoption proceeding only as provided in this Code section. (b) If there is a biological father who is not the legal father of a child and he has not executed a surrender as specified in paragraph (2) of subsection (e) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, he shall be notified of adoption proceedings regarding the child in the following circumstances: (1) If his identity is known to the petitioner, department, or licensed child-placing agency or to the attorney for the petitioner, department, or licensed child-placing agency; (2) If he is a registrant on the putative father registry who has acknowledged paternity of the child in accordance with subparagraph (A) of paragraph (2) subsection (d) of Code Section 19-11-9; (3) If he is a registrant on the putative father registry who has indicated possible paternity of a child of the child's mother during a period beginning two years immediately prior to the child's date of birth in accordance with subparagraph (B) of paragraph (2) of subsection (d) of Code Section 19-11-9; or (4) If the court finds from the evidence, including but not limited to the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7 in the form provided in subsection (h) of Code Section 19-8-26, that such biological father who is not the legal father has performed any of the following acts: (A) Lived with the child;

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(B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or (D) Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. (c) Notification provided for in subsection (b) of this Code section shall be given to a biological father who is not a legal father by the following methods: (1) Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt; (2) Personal service, which notice shall be deemed received when personal service is perfected; or (3) Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication. If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication. (d)(1) Where the rights of a parent or guardian of a child have been surrendered or terminated in accordance with subsection (a) of Code Section 19-8-4, the department or a child-placing agency may file, under the authority of this paragraph, a petition to terminate such biological father's rights to the child with the superior court of the county where the child resides. (2) Where the rights of a parent or guardian of a child have been surrendered in accordance with subsection (a) of Code Section 19-8-5, 19-8-6, or 19-8-7 or a consent to adopt has been executed pursuant to paragraph (2) of subsection (a) of Code Section 19-8-6, the petitioner shall file, under the authority of this paragraph, with the superior court either a motion, if a petition for adoption of the child has previously been filed with the court, or a petition to terminate such biological father's rights to the child. (3) Where a petition or motion is filed pursuant to paragraph (1) or (2) of this subsection, the court shall, within 30 days from such filing, conduct a hearing in chambers to determine the facts in the matter. The court shall be authorized to consider the affidavit of the mother specified in subsection (g) of Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7, as applicable, in making its determination pursuant to this paragraph. If the court finds from the evidence that such biological father has not performed any of the following acts:

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(A) Lived with the child; (B) Contributed to the child's support; (C) Made any attempt to legitimate the child; or (D) Provided support or medical care for the mother, either during her pregnancy or during her hospitalization for the birth of the child, and the petitioner provides a certificate as of the date of the petition or the motion, as the case may be, from the putative father registry stating that there is no entry on the putative father registry either acknowledging paternity of the child or indicating possible paternity of a child of the child's mother for a period beginning no later than two years immediately prior to the child's date of birth, then it shall be rebuttably presumed that the biological father who is not the legal father is not entitled to notice of the proceedings. Absent evidence rebutting the presumption, then no further inquiry or notice shall be required by the court and the court shall enter an order terminating the rights of such biological father to the child. (e) When notice is to be given pursuant to subsection (b) of this Code section, it shall advise such biological father who is not the legal father that he loses all rights to the child and will neither receive notice nor be entitled to object to the adoption of the child unless, within 30 days of receipt of such notice, he files: (1) A petition to legitimate the child pursuant to Code Section 19-7-22; and (2) Notice of the filing of the petition to legitimate with the court in which the action under this Code section, if any, is pending and to the person who provided such notice to such biological father. (f) A biological father who is not the legal father loses all rights to the child and the court shall enter an order terminating all such father's rights to the child and such father may not thereafter object to the adoption and is not entitled to receive further notice of the adoption if within 30 days from his receipt of the notice provided for in subsection (b) of this Code section he: (1) Does not file a legitimation petition and give notice as required in subsection (c) of this Code section; (2) Files a legitimation petition which is subsequently dismissed for failure to prosecute; or (3) Files a legitimation petition and the action is subsequently concluded without a court order declaring a finding that he is the father of the child.

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(g) If the child is legitimated by his or her biological father, the adoption shall not be permitted except as provided in Code Sections 19-8-4 through 19-8-7. SECTION 6. Said chapter is further amended in Code Section 19-8-13, relating to petitions for adoption, by inserting a new subsection to be designated subsection (h) to read as follows: (h) A petition for adoption regarding a child or children who have a living biological father who is not the legal father and who has not surrendered his rights to the child or children shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child or children pursuant to subparagraph (d)(2)(A) of Code Section 19-11-9 or indicating the possibility of paternity of a child of the child's mother pursuant to subparagraph (d)(2)(B) of Code Section 19-11-9 for a period beginning no later than two years immediately prior to the child's date of birth. Such certificate shall indicate a search of the registry on or after the earliest of the following: (1) The date of the mother's surrender of parental rights; (2) The date of entry of the court order terminating the mother's parental rights; (3) The date of the mother's consent to adoption pursuant to Code Section 19-8-6; or (4) The date of the filing of the petition for adoption, in which case the certificate may be filed as an amendment to the petition for adoption. Such certificate shall include a statement that the registry is current as of the earliest date listed in paragraphs (1) through (4) of this subsection, or as of a specified date that is later than the earliest such date. SECTION 7. Said chapter is further amended by striking subparagraph (f)(4)(D) of Code Section 19-8-23, relating to records of adoptions, and inserting in lieu thereof the following: (D)(i) If the director of a placement agency or the commissioner certifies that the placement agency or department has been unable to notify a parent identified in the original adoption record within six months after receipt of the adopted person's written request and if neither identified biological parent has at any time filed an unrevoked consent to disclosure with the placement agency or the department, the identity of a biological

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parent may only be disclosed as provided in division (ii) or (iii) of this subparagraph. (ii) The adopted person who has reached 21 years of age may petition the Superior Court of Fulton County to seek the release of the identity of each of that person's biological parent from the department or placement agency. The court shall grant the petition if the court finds that the department or placement agency has made diligent efforts to locate each biological parent pursuant to this subparagraph without success and that failure to release the identity of each biological parent would have an adverse impact upon the physical, mental, or emotional health of the adopted person. (iii) If it is verified that the biological parent of the adopted person is deceased and if there is no sibling of the adopted person who may be contacted, the department or placement agency shall be authorized to disclose the name and place of burial of the deceased biological parent, if known, to the adopted person seeking such information without the necessity of obtaining a court order. SECTION 8. Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, known as the Child Support Recovery Act, is amended by striking in their entirety subsections (d) and (e) of Code Section 19-11-9, relating to location of absent parents and the putative father registry, and inserting in their place the following: (d)(1) There is established within the department a putative father registry. For purposes of this subsection, `biological father' and `legal father' shall have the meanings set out in Code Section 19-8-1. The putative father registry shall record the name, address, and social security number of any person who claims to be the biological father but not the legal father of a child, and the date of entry of such information. Placement on the putative father registry shall not be used as an admission of guilt to any crime under Georgia law or used as evidence in any criminal prosecution under Georgia law. (2) The putative father registry shall include two types of registrations: (A) Persons who acknowledge paternity of a child or children before or after birth in a signed writing; and (B) Persons who register to indicate the possibility of paternity without acknowledging paternity. (3) Registrants shall be informed that this registration may be used to establish an obligation to support the child or children and that this

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registration shall be used to provide notice of adoption proceedings or proceedings to terminate the rights of a biological father who is not a legal father but that registration without further action does not enable the registrant to prevent an adoption or termination of his rights by objecting. All registrants shall be asked to provide information regarding changes in their addresses. (4) A voluntary acknowledgment of paternity may be rescinded pursuant to the provisions of Code Section 19-7-46.1. (5) The department shall publicize the existence and availability of the putative father registry to the public, including but not limited to providing information disseminated in connection with certificates of live birth and through county boards of health. The department is authorized to prescribe the notices, forms, and educational materials to be used for entities that may offer voluntary paternity establishment services. (6) The department shall keep the putative father registry as current as feasible, adding entries or information to the registry often enough that new registrations or new information regarding registrants, mothers, or children shall be added to the registry no later than two business days following receipt of the information from the registrant. (e) The information which is obtained by the department shall only be available to: (1) A governmental department, board, commission, bureau, agency, or political subdivision of any state for purposes of locating an absent parent or putative father to establish or to enforce his obligation of support, of enforcing a child custody determination, or of enforcing any state or federal law with respect to the unlawful taking or restraint of a child; or (2) The department, a licensed child-placing agency, or a member in good standing of the State Bar of Georgia in response to a request for information for purposes of locating a biological father who is not the legal father to provide notice of adoption proceedings or a proceeding to terminate the rights of a biological father who is not a legal father. The request for information shall include, to the extent the information is known to the department, agency, or attorney, the name, address, and social security number of the mother of the child and of the alleged biological father who is not the legal father of the child and the child's name, sex, and date of birth. The department shall within two business days of its receipt of such a request for information issue a written certificate documenting its response. (f) The department shall charge a fee of $10.00 for each certification regarding entries on the putative father registry or other information provided pursuant to paragraph (2) of subsection (e) of this Code

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section. The department shall waive the fee provided for in this subsection upon presentation of an affidavit of the petitioner's indigency. The department shall transmit the fees received pursuant to this subsection to the Office of Treasury and Fiscal Services for deposit in the treasury of the state and shall provide an annual accounting of such fees to the Governor and the General Assembly. SECTION 9. Notwithstanding the provisions of subsection (b) of Code Section 1-3-4.1, Section 8 of this Act shall become effective July 1, 1997. The remaining provisions of this Act shall become effective January 1, 1998. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997. SOCIAL SERVICES ADOPTION; HARD TO PLACE CHILDREN; FINANCIAL ASSISTANCE. Code Section 49-5-8 Amended. No. 495 (House Bill No. 112). AN ACT To amend Code Section 49-5-8 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with regard to children and youth services, so as to change a provision relating to the amount of financial assistance which may be provided to families adopting hard-to-place children; 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 49-5-8 of the Offical Code of Georgia Annotated, relating to the powers and duties of the Department of Human Resources with regard to children and youth services, is amended by striking subparagraph (a) (7) (F) and inserting in lieu thereof a new subparagraph (a) (7) (F) to read as follows: (F) Providing financial assistance after the consummation of a legal adoption to families adopting children who would otherwise remain in foster care at state expense. Financial assistance may only be granted for hard-to-place children with physical, mental, or emotional disabilities or with other problems for whom it is difficult to find a permanent home. Financial assistance may not exceed 100

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percent of the amount paid for boarding such child and for special services such as medical care not available through insurance or public facilities. Such supplements shall only be available to families who could not provide for the child adequately without continued financial assistance. The department may review the supplements paid at any time but shall review them at least annually to determine the need for continued assistance; SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997. FIRE PROTECTION AND SAFETY FIRE SPRINKLERS; REGULATION; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 25, Chapter 11 Revised. No. 496 (House Bill No. 505). AN ACT To amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, so as to provide specific license requirements; to provide for accountability for the work performed by contractors, installers, and inspectors; to provide a license revocation process; to add civil penalties; 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 11 of Title 25 of the Official Code of Georgia Annotated, known as the Georgia Fire Sprinkler Act, is amended by striking said chapter in its entirety and inserting in lieu thereof the following: CHAPTER 11 25-11-1. This chapter shall be known and cited as the `Georgia Fire Sprinkler Act.'

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25-11-2. As used in this chapter, the term: (1) `Certificate' or `certificate of competency' means the document issued by the Commissioner to a certificate holder who has demonstrated adequate technical knowledge and ability to design in accordance with recognized standards as adopted by the Commissioner and to perform and supervise the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems. (2) `Certificate holder' means an individual who has been issued a certificate of competency by the Commissioner. (3) `Commissioner' means the Georgia Safety Fire Commissioner. (4) `Fire protection sprinkler contractor' means an individual, partnership, corporation, association, or joint venture that supervises, performs, or supervises and performs the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems. Such term does not include local building officials, fire inspectors, or insurance inspectors when acting in their official capacities. (5) `Fire protection sprinkler contractor license' means the document issued by the Commissioner to the fire protection sprinkler contractor which authorizes the fire protection sprinkler contractor to engage in the business of fabrication, installation, repair, alteration, maintenance, or inspection of water-based fire protection systems. (6) `Fire protection sprinkler system' means an integrated system of overhead and underground piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure, or area, generally overhead, to which sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. The system is usually activated by heat from a fire and discharges water over the fire area. (7) `Fire protection system designer' means a person who develops documents pertaining to water-based fire protection systems. (8) `Fire protection system designer license' means a document issued by the Commissioner which authorizes the fire protection system designer to engage in the business of producing construction shop drawings pertaining to water-based fire protection systems. (9) `Fire protection system inspector' means an individual who performs inspections only on water-based fire protection systems in

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accordance with applicable codes and standards as adopted by the Commissioner. Such term does not apply to state, local, and insurance inspectors while acting in their official capacities. (10) `Fire protection system inspector's license' means a document issued by the Commissioner which authorizes the fire protection system inspector to engage in the business of inspecting water-based fire protection systems. (11) `Fire pump' means a pump supplying water at the flow and pressure required by water-based fire protection systems. (12) `Foam-water spray system' means a special system pipe connected to a source of foam concentrate and to a water supply and equipped with foam-water spray nozzles for fire protection agent discharge (foam and water sequentially in that order or in reverse order) and distribution over the area to be protected. System operation arrangements parallel those for foam-water sprinkler systems. (13) `Foam-water sprinkler system' means a special system pipe connected to a source of foam concentrates and to a water supply and equipped with appropriate discharge devices for fire protection agent discharge and distribution over the area to be protected. The piping system is connected to the water supply through a control valve that is usually actuated by operation of automatic detection equipment installed in the same area as the sprinklers. When this valve opens, water flows into the piping system, and foam concentrate is injected into the water. The resulting foam solution discharging through the discharge devices generates and distributes foam. Upon exhaustion of the foam concentrate supply, water discharge will follow the foam and continue until manually shut off. Existing deluge sprinkler systems that have been converted to the use of aqueous film forming foam are classified as foam-water sprinkler systems. (14) `Inspection' means a visual examination of a water-based fire protection system or portion thereof to verify that it appears to be in operating condition and is free of physical damage. (15) `Maintenance' means work performed to keep equipment operable or to make repairs without altering the operation of the water-based system. (16) `Private fire service main' means that pipe and its appurtenances on private property that are: (A) Between a source of water and the base of the system riser for water-based fire protection systems; (B) Between a source of water and inlets to foam-making systems; (C) Between a source of water and the base elbow of private hydrants or monitor nozzles;

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(D) Used as fire pump suction and discharge piping outside of a building; and (E) Beginning at the inlet side of the check valve on a gravity or pressure tank. (17) `Private water tank' means a tank supplying water for water-based fire protection systems which is located on private property. (18) `Standpipe system' means an arrangement of piping, valves, hose connections, and allied equipment installed in a building or structure with the hose connections located in such a manner that water can be discharged in streams or spray patterns through attached hoses and nozzles for the purpose of extinguishing a fire, thus protecting a building or structure, its contents, and its occupants. This is accomplished by connection to water supply systems or by pumps, tanks, and other equipment necessary to provide an adequate supply of water-to-hose connections. (19) `Testing' means a procedure to determine the status of a system as intended by conducting periodic physical checks on water-based fire protection systems such as waterflow tests, fire pump tests, alarm tests, and trip tests of dry pipe, deluge, or preaction valves. These tests follow up on the original acceptance test at intervals specified in the appropriate standards related to such systems. (20) `Water-based fire protection system' means any one system or any combination of a number of systems designed to deliver water to an apparatus designed to extinguish or retard the advancement of fire. Such systems include fire protection sprinkler systems, standpipe systems, private fire service mains, fire pumps, private water tanks, water spray fixed systems, foam-water spray systems, and foam-water sprinkler systems. The term `fire sprinkler system' is used interchangeably with this term. (21) `Water-spray fixed system' means a special fixed pipe system connected to a reliable fire protection water supply and equipped with water-spray nozzles for specific water discharge and distribution over the surface or area to be protected. The piping system is connected to the water supply through an automatically or manually activated valve that initiates the flow of water. An automatic valve is actuated by operation of automatic detection equipment installed in the same area as the water-spray nozzles. 25-11-3. (a) The Commissioner is charged with the duty and responsibility for the enforcement of this chapter. (b) Any authority, power, or duty vested in the Commissioner by any provision of this chapter may be exercised, discharged, or performed by

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any deputy, assistant, or other designated employee acting in the Commissioner's name and by his or her delegated authority. (c) The Commissioner may, at his or her discretion, have the competency and license test prepared by others. (d) The Commissioner is authorized to enter into a reciprocal agreement with the State Fire Commissioner or state fire marshal of other states for the waiver of the competency test of any applicant resident in such other jurisdiction, provided that: (1) The laws of the other jurisdiction are substantially similar to this chapter; and (2) The applicant has no place of business within this state nor is an officer, director, stockholder, or partner in any corporation or partnership doing business in this jurisdiction as a fire protection sprinkler contractor. 25-11-4. (a) Any individual desiring to become a certificate holder shall submit to the Commissioner a completed application on forms prescribed by the Commissioner. Such individual shall remit with his or her application a nonrefundable certificate fee of $100.00 plus a one-time filing fee of $50.00. Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a certificate, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by: (1) Successfully completing a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; or (2) Submitting to the Commissioner a certification from either the state fire Commissioner or state fire marshal of another jurisdiction whenever a reciprocal agreement has been entered into between the two jurisdictions pursuant to the provisions of this chapter. (c)(1) If the applicant has paid the required fees and has met one of the requirements of subsection (b) of this Code section, the Commissioner shall issue a certificate of competency in the name of the applicant, unless such applicant has been cited under other provisions of this chapter. Such certificate shall expire annually as determined by the rules and regulations and shall be nontransferable. (2) In no case shall a certificate holder be allowed to obtain a certificate of competency for more than one fire protection sprinkler contractor or more than one office location at a time. If the certificate holder should leave the employment of a fire protection sprinkler

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contractor or change office locations, he or she must notify the Commissioner in writing within 30 days. (d) A certificate holder desiring to renew his or her certificate shall submit a renewal application to the Commissioner and remit therewith a renewal fee of $100.00 on or before the date determined by the rules and regulations of each year. If the state minimum fire safety standards regarding the installation or maintenance of fire protection sprinkler systems or water-spray systems promulgated by the Commissioner have been revised since the date the certificate holder's expiring certificate was issued, the Commissioner may, upon 30 days' notice, require the certificate holder to again meet one of the requirements of subsection (b) of this Code section prior to the renewal of his or her certificate. 25-11-5. (a) Where a fire protection sprinkler contractor has multiple office locations for the purpose of design, installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems, each location shall be licensed under the provisions of this chapter. (b) Any organization or individual desiring to become a fire protection sprinkler contractor shall submit to the Commissioner a completed application on forms prescribed by him or her. Such organization or individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00. Such fee shall not be prorated for portions of a year. (c) Prior to obtaining a sprinkler contractor's license, the applicant shall: (1) Submit to the Commissioner a copy of any and all certificate of competency holders' certificates employed by the applicant; and (2) Submit to the Commissioner proof of comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler contractor. The policy must be purchased from an insurer authorized to do business in Georgia. (d) A fire protection sprinkler contractor license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 25-11-6. (a) Any individual desiring to become a fire protection sprinkler system inspector shall submit to the Commissioner a completed application on

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the prescribed forms. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00 Such fees shall not be prorated for portions of a year. (b) Prior to obtaining a license, the applicant shall demonstrate his or her competence and employment by a sprinkler contractor by: (1) Successfully competency a competency test by means prescribed by rules and regulations as adopted and promulgated by the Commissioner; and (2) Submitting to the Commissioner proof of employment by a sprinkler contractor who has comprehensive liability insurance coverage. The liability insurance policy shall provide coverage in an amount not less than $1 million and shall cover any loss to property or personal injury caused by the fire protection sprinkler inspector. The policy must be purchased from an insurer authorized to do business in Georgia. (c) A fire protection sprinkler system inspector license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 25-11-7. (a) Any individual desiring to become a fire protection system designer shall submit to the Commissioner a completed application on forms prescribed by him or her. Such individual shall remit with his or her application a nonrefundable license fee of $50.00 plus a one-time filing fee of $50.00 Such fee shall not be prorated for portions of a year. (b) Prior to obtaining a license, the applicant shall demonstrate his or her competence and knowledge of water-based fire protection systems by means prescribed by rules and regulations as adopted and promulgated by the Commissioner or as set forth in Chapter 15 of Title 43. (c) A fire protection system designer license shall expire annually as determined by the rules and regulations. A license holder desiring to renew his or her license shall submit a renewal application to the Commissioner and remit a renewal fee of $50.00 on or before the date determined by the rules and regulations of each year. 25-11-8. (a) No person shall act as a fire protection sprinkler contractor unless a certificate holder is employed full time, in office or on site or combination thereof, to supervise or perform the installation, repair, alteration, addition, maintenance, or inspection of water-based fire protection systems.

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(b) If the only certificate holder employed by a fire protection sprinkler contractor leaves the employment of the fire protection contractor, the contractor shall notify the Commissioner in writing within 30 days. A new certificate holder must be employed by a fire protection sprinkler contractor within 30 days of such notice. (c) No fire protection sprinkler contractor shall permit any person under his or her employment or control to install, repair, alter, maintain, or inspect any water-based fire protection system unless such person is a certificate holder or is under the direct supervision of a certificate holder employed by the contractor. (d) Only fire protection sprinkler contractors or certificate of competency holders shall alter or renovate water-based fire protection systems except as otherwise provided by this chapter. (e) Individuals employed by the building owner or a representative of the building owner may repair leaks, replace broken fittings, or perform other routine maintenance that does not alter the piping arrangement or operation of a water-based fire protection system. (f) Installations shall conform to codes as adopted by the Commissioner unless otherwise permitted by this chapter or the rules and regulations promulgated pursuant to this chapter. (g) It shall be unlawful for any person to begin installation of a fire sprinkler system on any proposed or existing building or structure which comes under the classification in paragraph (1) of subsection (b) of Code Section 25-2-13 or which comes under the jurisdiction of the Office of the Commissioner of Insurance pursuant to Code Section 25-2-12 without first having drawings of the designed system approved by the appropriate authority having jurisdiction unless otherwise provided by the rules and regulations promulgated pursuant to this chapter. 25-11-9. (a) Water-based fire protection shop drawings shall be reviewed for code compliance with the state minimum standards by a certificate of competency holder. (b) The reviewing certificate holder's signature, printed name, and certificate number indicating such compliance shall be indicated on submitted plans. (c) Noncode compliance dictated by bid documents shall be reported by means prescribed by the rules and regulations promulgated pursuant to this chapter. 25-11-10. (a) Only licensed fire protection system designers or other designers under their direct supervision shall prepare water-based fire protection system documents for construction.

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(b) All documents shall be representative of code complying water-based fire protection systems unless otherwise permitted by the rules and regulations promulgated pursuant to this chapter. (c) The licensed fire protection system designer's signature, printed name, and license number shall be indicated on the shop drawings. 25-11-11. (a) Inspections, maintenance, and testing required by this chapter shall only be performed by licensed fire protection system inspectors, certificate of competency holders, or representatives of the building owner. Representatives of the building owner shall indicate in writing to the authority having jurisdiction their intent to do such inspections and provide to the authority having jurisdiction proof of knowledge and expertise pertaining to the systems inspected as specified in the rules and regulations adopted pursuant to this chapter. Said representatives of the building owner are exempt from the license requirements specified in Code Section 25-11-6. (b) Duly authorized manufacturers' representatives while acting in their official capacities are exempt from this chapter. (c) Inspections and maintenance of water-based fire protection systems owned by a firm, business, or corporation and installed on property under control of the firm, business, or corporation may be performed by an employee of the firm, business, or corporation provided annual inspection and maintenance of the water-based system are performed by a current certificate of competency holder or inspector as defined in this chapter. Said employees are exempt from the license requirements specified in Code Section 25-11-6. 25-11-12. The Commissioner may promulgate such rules and regulations as he or she deems necessary to carry out the provisions of this chapter. The Commissioner may also prescribe the forms required for the administration of this chapter. 25-11-13. (a) The installation or repair of any underground facilities or piping which connects to and furnishes water for the water-based fire protection system shall be performed only by a licensed utility contractor, fire protection sprinkler contractor, or licensed plumber in accordance with the minimum fire safety standards adopted by the Commissioner. The installing contractor shall be responsible for the installation of proper underground facilities and piping which provide an adequate flow of water from the fire protection water supply to the water-based fire protection system.

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(b) Evidence of inspection shall be given to the owner or his or her representative in the form of a letter indicating the inspector or certificate of competency holder and the license number or certificate number. (c) Before any local building official shall issue any license or building permit which authorizes the construction of any building or structure containing a water-based fire protection system, such local official shall require a copy of a valid fire protection sprinkler contractor license from the fire protection sprinkler contractor. The fire protection sprinkler contractor shall be required to pay any fees normally imposed for local licenses or permits, but the local official shall impose no requirements on the fire protection sprinkler contractor to prove competency other than proper evidence of a valid certificate of competency, as issued by the Commissioner. (d) Nothing in this chapter limits the power of a municipality, county, or the state to require the submission and approval of plans and specifications or to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections otherwise authorized by law for the protection of the public health and safety. 25-11-14. This chapter shall also apply to any fire protection sprinkler contractor performing work for the state or any municipality, county, or other political subdivision. Officials of the state or any municipality, county, or other political subdivision are required to determine compliance with this chapter before awarding any contracts for the installation, repair, alteration, addition, maintenance, or inspection of a water-based fire protection system. Bids tendered for such contracts shall be accompanied by a copy of a valid certificate of competency. 25-11-15. (a) All fees collected pursuant to the provisions of this chapter shall be deposited with the Fiscal Division of the Department of Administrative Services. (b) The Commissioner shall be authorized to receive grants for the administration of this chapter from parties interested in upgrading and improving the quality of water-based fire protection systems, education of the public pertaining to water-based fire protection systems, or the upgrading of fire protection, in general, in Georgia. 25-11-16. (a) Whenever the Commissioner shall have reason to believe that any individual is or has been violating any provisions of this chapter, the Commissioner, his or her deputy, his or her assistant, or other designated

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persons may issue and deliver to the individual an order to cease and desist such violation. (b) Violation of any provision of this chapter or failure to comply with a cease and desist order is cause for revocation of any or all certificates and licenses issued by the Commissioner for a period of not less than six months and not to exceed five years. If a new certificate or license has been issued to the person so charged, the order of revocation shall operate effectively with respect to such new certificates and licenses held by such person. Decisions under this subsection may be appealed as provided by law. (c) Any person who violates this chapter or any rule, regulation, or order issued by the Commissioner under this chapter shall be subject to a civil penalty imposed by the Commissioner of not more than $1,000.00 for a first offense, not less than $1,000.00 and not more than $2,000.00 for a second offense, and not less than $2,000.00 or more than $5,000.00 for a third or subsequent offense for each day a violation persists after such person is notified of the Commissioner's intent to impose such penalty and the right to a hearing with respect to same. (d) Any order shall contain or be accompanied by a notice of opportunity for hearing which may provide that a hearing will be held if and only if a person subject to the order requests a hearing within ten days of receipt of the order and notice. The order and notice shall be severed by delivery by the Commissioner or his or her agent or by registered or certified mail, return receipt requested. Any person who fails to comply with any order under this subsection is guilty of a misdemeanor and may be punished by law. 25-11-17. In addition to the grounds set forth in Code Section 25-11-16, it is cause for revocation or suspension of certificates or licenses by the Commissioner if it is determined that the holder has: (1) Rendered inoperative a water-based fire protection system covered by this chapter, except during a reasonable time during which the system is being repaired, altered, added to, maintained, or inspected; (2) Falsified any record required to be maintained by this chapter or rules or regulations adopted pursuant to this chapter or current fire codes enforced by the Commissioner; (3) Improperly installed, repaired, serviced, modified, altered, inspected, or tested a water-based fire protection system; (4) While holding a certificate or license, allowed another person to use the certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number;

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(5) While holding a certificate or license, used a certificate or license or certificate number or license number other than his or her own valid certificate or license or certificate number or license number; (6) Used credentials, methods, means, or practices to impersonate a representative of the Commissioner or the state fire marshal or any local fire chief, fire marshal, or other fire authority having jurisdiction; (7) Failed to maintain the minimum insurance coverage as set forth in this chapter; or (8) Failed to maintain the minimum requirements to obtain a certificate of competency or other licenses. 25-11-18. The failure to renew a certificate or license by the expiration date as set forth in this chapter will cause the certificate or license to become inoperative. A certificate or license which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty of not more than $250.00 if said fees are paid within 90 days of expiration. After 90 days new certificates and licenses must be applied for as required for an initial certificate or license. 25-11-19. The provisions of this chapter shall not apply to water-based automatic sprinkler systems for use in single-family dwellings or limited water-based systems permitted to be connected directly to a domestic water supply system as allowed by the NFiPA Life Safety Code adopted by the Commissioner's rules and regulations. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Approved May 5, 1997.

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RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1997 PROPOSING AMENDMENTS TO THE CONSTITUTION OF THE STATE OF GEORGIA

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GEORGIA CITIZENS COMMISSION ON COMPENSATION OF PUBLIC OFFICIALS CREATION. Proposed Amendment to the Constitution. No. 61 (House Resolution No. 296). A RESOLUTION Proposing an amendment to the Constitution so as to provide for a Georgia Citizens Commission on Compensation of Public Officials with the authority to fix the compensation of certain public officers and such other state officers as may be provided for by law; to provide for submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article IV of the Constitution is amended by adding at its end a new Section VIII to read as follows: SECTION VIII. GEORGIA CITIZENS COMMISSION ON COMPENSATION OF PUBLIC OFFICIALS Paragraph I. Powers and duties. The Georgia Citizens Commission on Compensation of Public Officials shall set the salaries of the Governor; the Lieutenant Governor and the Speaker of the House of Representatives which shall be uniform; the Justices of the Supreme Court; the Judges of the Court of Appeals; the members of the General Assembly, which shall be uniform for all members, and any additional salaries for the officers of the General Assembly who are members of the General Assembly; the members of the Public Service Commission; the members of the State Board of Pardons and Paroles; the constitutional officers who are elected state wide; the superior court judges; the district attorneys; and such other officers of state government as may be provided for by general law. The Georgia Compensation Commission shall also set the amount of per diem compensation, if any, to be received by such officers. Paragraph II. Membership. (a) The commission shall be composed of 18 members who shall serve for terms of four years commencing December 1, 1998, and quadrennially thereafter. Each member shall serve until his or her successor has been appointed and qualified. Six members shall be appointed by the Governor. Three members shall be appointed by the Lieutenant Governor, one of whom shall be selected from a list of at least three names provided by the political party electing the second highest number of members of the Senate at the most recent general election. Three members shall be appointed by the Speaker of the House of Representatives, one of whom shall be selected from a list

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of names provided by the political party electing the second highest number of members of the House of Representatives at the most recent general election. Three members shall be appointed by the Supreme Court and three members by the Court of Appeals. Appointments shall be made not later than November 30, 1998, and every fourth year thereafter. The General Assembly shall enact general laws relating to the appointment procedure to ensure that at least one member of the commission resides in each congressional district. Should any vacancy on the commission occur from death, resignation, or otherwise, the appointing authority shall appoint a successor member to serve during the unexpired term. (b) In selecting members of the commission, each appointing authority shall seek to appoint a commission constituting a cross section of the citizens of Georgia with a broad and representative variety of opinions, backgrounds, business experience, personal experience, and education, such that the members shall exist as a true independent citizens commission. (c) No member of the commission shall hold any other public office or public employment. No member shall be a lobbyist as such term is defined by general law. The members of the commission shall receive no salary for their service on the commission but may be reimbursed as provided by law for expenses incurred in the service of the commission. Paragraph III. Manner of fixing compensation. (a) The commission shall no later than December 31 of 1998 and each subsequent even-numbered year thereafter fix the salaries and per diem committed to its jurisdiction under Paragraph I of this section; provided, however, that the commission shall report the salaries to the Governor and the General Assembly in writing on the first day of the first regular session of the General Assembly in odd-numbered years. The salaries so fixed by the commission shall become effective unless within the first 20 days of the first regular session of the biennium both houses of the General Assembly reject such action of the commission by an Act of the General Assembly adopted by a majority of the members elected to each house. The presiding officers shall call such proposed Act for a vote on the floor of each chamber within the first 20 legislative days of the first year of the biennium. The Governor may only veto such Act of the General Assembly rejecting the commission's actions within ten legislative days of its adoption. In such event, the General Assembly may still reject the commission's action by overriding the Governor's veto within ten legislative days thereof by a two-thirds' vote of both houses of the General Assembly. This section, however, shall not prohibit laws and other actions affecting the reimbursement of actual expenses incurred in public service by officers whose compensation is subject to the jurisdiction of the commission or laws and other actions defining retirement benefits, insurance benefits, and other employment benefits to be provided to such officers.

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(b) The commission shall biennially make a study of the compensation currently being paid by the state to the officers whose compensation is subject to its jurisdiction, and the commission shall compare such compensation with that currently being received by officers and employees serving in comparable positions with the federal government, this state, other states, and local governments and in industry, business, and the professions. The members of the commission shall be guided in setting the salaries by the levels of compensation that will attract and maintain qualified individuals in public service, as well as by the fact that public salaries must be financed through tax dollars paid by the state's citizens and businesses. The compensation fixed by the commission shall be based upon such study and on the principles stated in this subparagraph. Paragraph IV. Enactment of laws. Except as specifically provided otherwise in subparagraph (a) of Paragraph III of this section, the General Assembly may enact general laws providing for the administration of the affairs of the commission and other general laws in aid of this section. The General Assembly may from time to time provide for other public officers' compensation to be fixed by the commission and may likewise from time to time withdraw any such other public officers' compensation from the jurisdiction of the commission, but the General Assembly shall not withdraw from the jurisdiction of the commission the compensation of the officers specifically provided for in Paragraph I of this section. SECTION 2. Article III, Section IV of the Constitution is amended by striking Paragraph VI and inserting in its place a new Paragraph VI to read as follows: Paragraph VI. Salaries. The members of the General Assembly shall receive such salary and per diem allowance as shall be provided for in Article IV, Section VIII of this Constitution and may receive employment benefits and be reimbursed for actual expenses as provided by law. SECTION 3. Article IV, Section VII of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows: Paragraph I. Qualifications, compensation, and removal from office. The qualifications and removal from office of members of constitutional boards and commissions provided for in this article shall be as provided by law. The compensation of members of constitutional boards and commissions provided for in this article shall be as provided for in Section VIII of this article for those boards and commissions subject to the Georgia Citizens Commission on Compensation of Public Officials and otherwise shall be as provided by law.

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SECTION 4. Article V, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows: Paragraph I. Governor: term of office; compensation and allowances. There shall be Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have succeeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided in Article IV, Section VIII of this Constitution. SECTION 5. Article V, Section I of the Constitution is further amended by striking Paragraph III and inserting in its place a new Paragraph III to read as follows: Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided in Article IV, Section VIII of this Constitution. SECTION 6. Article VI, Section VII of the Constitution is amended by striking Paragraph V and inserting in its place a new Paragraph V to read as follows: Paragraph V. Compensation and allowances of judges. All judges shall receive compensation and allowances as provided by law, except that the compensation of the Justices of the Supreme Court, the Judges of the Court of Appeals, and superior court judges shall be fixed as provided in Article IV, Section VIII of this Constitution. County supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office. SECTION 7. Article VI, Section VIII, Paragraph I of the Constitution is amended by striking subparagraph (c) and inserting in lieu thereof the following:

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(c) The district attorneys shall receive such compensation and allowances as provided in Article IV, Section VIII of this Constitution and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law. SECTION 8. 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 () NO Shall the Constitution be amended so as to provide for a Georgia Citizens Commission on Compensation of Public Officials and to remove from the General Assembly the authority to fix the compensation of the Governor, the Lieutenant Governor, the members and officers of the General Assembly, the members of the Public Service Commission, the members of the State Board of Pardons and Paroles, the constitutional officers elected state wide, the superior court judges, and the district attorneys and to place such authority in the commission, with the action of the commission subject to rejection by both houses of the General Assembly? 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 and shall take effect as provided in Article X, Section I, Paragraph VI of the Constitution. Approved April 29, 1997.