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 19980000 English

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1998 Volume One 19980000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 Resolutions Proposing Amendments to the Constitution of the State of Georgia 1681 VOLUME TWO Acts and Resolutions of Local Application 3501 County and Consolidated Government Home Rule Actions 4695 Municipal Home Rule Actions 4755 VOLUME THREE Acts by Numbers-Page References I Bills and Resolutions-Act Number References VII Appellate Courts-Personnel XIII Superior Courts-Personnel and Calendars XIV Index-Tabular XXVII Index-General LXV Population of Georgia Counties-Alphabetically CXVIII Population of Georgia Counties-Numerically CXXIV Population of Municipalities CXXVI Population of Judicial Circuits CXXXIII Georgia Senate Districts, Alphabetically by County CXXXVII Georgia Senators, Alphabetically by Name CXXXIX Georgia Senators, Numerically by District CXLII Georgia House Districts, Alphabetically by County CXLV Georgia Representatives, Alphabetically by Name CXLVII Georgia Representatives, Numerically by District CLV Status of Referendum Elections CLXIII State Auditor's Report on Funding of Retirement Bills CCCXVI Vetoes by the Governor CCCXIX

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COMPILER'S NOTE General Acts and Resolutions of the 1998 session of the General Assembly of Georgia will be found in Volume I beginning at page 1. Proposed amendments to the Constitution of the State of Georgia will be found in Volume I beginning at page 1681. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between April 18, 1997, and April 1, 1998, are printed in Volume II beginning at pages 4695 and 4755, respectively. There are no numbered pages between page 1689, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. In order to eliminate the need for hand stitching of thick books and to reduce costs, the index and other material is now in a separate Volume III, and Volumes I or II, or both, may be divided into two or more books. Page numbers will run consecutively between books in the same volume. Indexes; lists of Acts, Bills, and Resolutions and their Georgia Laws page numbers; material related to courts; population charts; lists of members of the General Assembly; referendum results; the report of the state auditor on concurrent funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed. Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes the Act number assigned by the Governor and the House Bill or Senate Bill number which it was given when it was introduced in the General Assembly. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. REVENUE AND TAXATIONINCOME TAXES; EXEMPTIONS; DEDUCTIONS; WITHHOLDING ALLOWANCES. Code Sections 48-7-26, 48-7-27, and 48-7-101 Amended. No. 499 (House Bill No. 1162). AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to increase the amount of taxpayer and dependent exemptions with respect to Georgia taxable net income; to provide for periodic additional increases with respect to personal exemption amounts; to increase the amount of the deduction in lieu of a personal exemption with respect to estates or trusts; to increase the amount of deductions that may be taken by taxpayers who have reached age 65 or are blind; to change the amount of certain taxable withholding exemption allowances; to provide for periodic increases with respect to such allowances; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended by striking Code Section 48-7-26, relating to personal exemptions, and inserting in its place a new Code Section 48-7-26 to read as follows: 48-7-26. (a) As used in this Code section, the term `dependent' shall have the same meaning as in the Internal Revenue Code of 1986. (b) (1) An exemption of $5,400.00 shall be allowed as a deduction in computing Georgia taxable income of a taxpayer and spouse, but only if a joint return is filed. (2) An exemption of $2,700.00 shall be allowed as a deduction in computing Georgia taxable income for each taxpayer other than a taxpayer who files a joint return. (3) (A) For taxable years beginning on or after January 1, 1994, and prior to January 1, 1995, an exemption of $2,000.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (B) For taxable years beginning on or after January 1, 1995, and prior to January 1, 1998, an exemption of $2,500.00 for each

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dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (C) For taxable years beginning on or after January 1, 1998, an exemption of $2,700.00 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (4) Commencing with the taxable year beginning January 1, 2003, an exemption of $3,000 for each dependent of a taxpayer shall be allowed as a deduction in computing Georgia taxable income of the taxpayer. (c) No exemption shall be allowed under this Code section for any dependent who has made a joint return with such dependent's spouse for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins. (d) A deduction in lieu of a personal exemption deduction shall be allowed an estate or a trust as follows: (1) An estate$2,700.00; and (2) A trust$1,350.00. SECTION 2 . Said chapter is further amended by striking subparagraphs (a) (1) (D) and (a) (1) (E) of Code Section 48-7-27, relating to the computation of Georgia taxable net income, and inserting in its place new subparagraphs (a) (1) (D) and (a) (1) (E) to read as follows: (D) An additional deduction of $1,300.00 for the taxpayer if the taxpayer has attained the age of 65 before the close of the taxpayer's taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse has attained the age of 65 before the close of the taxable year; and (E) An additional deduction of $1,300.00 for the taxpayer if the taxpayer is blind at the close of the taxable year. An additional deduction of $1,300.00 for the spouse of the taxpayer shall be allowed if a joint return is made by the taxpayer and the taxpayer's spouse and the spouse is blind at the close of the taxable year. For the purposes of this subparagraph, the determination of whether the taxpayer or the spouse is blind shall be made at the close of the taxable year except that, if either the taxpayer or the spouse dies during the taxable year, the determination shall be made as of the time of the death; . SECTION 3 . Said chapter is further amended by striking paragraph (1) of subsection (b) of Code Section 48-7-101, relating to income tax withholding, and inserting in its place a new paragraph (1) to read as follows:

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(1) The withholding exemption allowance applicable to a wage payment to an employee, determined according to the payroll period of the employee, shall be the amount shown in Column 1, below, or the amount shown in Column 2, below, as the withholding exemption status of the employee may be, plus the amount shown in Column 3, below, multiplied by the number of dependency exemptions claimed by the employee. Payroll Period Col. 1 Single Exemption Col. 2 Marital Exemption Col. 3 Each Department Exemption Weekly $ 51.92 $ 103.85 $ 51.92 Biweekly 103.85 207.69 103.85 Semimonthly 112.50 225.00 112.50 Monthly 225.00 450.00 225.00 Quarterly 675.00 1,350.00 675.00 Semiannual 1,350.00 2,700.00 1,350.00 Annual 2,700.00 5,400.00 2,700.00 Daily or Miscellaneous 7.40 14.79 7.40 SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved January 28, 1998. MOTOR VEHICLESDRIVERS' LICENSES; CLASS D LICENSE ELIGIBILITY; CREDITS FOR PERIODS OUT OF STATE PERMITS AND LICENSES WERE HELD. Code Section 40-5-24 Amended. No. 500 (Senate Bill No. 403). AN ACT To amend Code Section 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, so as to apply a driving record under a learner's permit or driver's license previously issued by another state toward meeting eligibility requirements for a Class D driver's license; 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 40-5-24 of the Official Code of Georgia Annotated, relating to motor vehicle instruction permits, graduated licensing, and related restrictions, is amended by striking paragraph (1) of subsection (b) and inserting in lieu thereof the following: (b) (1) Any resident of this state who is at least 16 years of age and who, for a period of at least 12 months, had a valid instruction permit issued under subsection (a) of this Code section may apply to the department for a Class D driver's license to operate a noncommercial Class C vehicle if such resident has otherwise complied with all prerequisites for the issuance of such Class D driver's license as provided in subsection (a) of this Code section, provided that a resident at least 16 years of age who has at any age surrendered to the department a valid instruction permit or driver's license issued by another state or the District of Columbia or who has submitted to the department proof, to the satisfaction of the department, of a valid instruction permit or driver's license issued by another state or the District of Columbia may apply his or her driving record under such previously issued permit or driver's license toward meeting the eligibility requirements for a Class D driver's license the same as if such previously issued permit or driver's license were an instruction permit issued under subsection (a) of this Code section. The department shall, after the applicant has successfully passed a behind the wheel road test, issue to the applicant a Class D driver's license which shall entitle the applicant, while having such license in his or her immediate possession, to drive a Class C vehicle upon the public highways of this state under the following conditions: (A) The Class D license holder shall not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 1: 00 A.M. and 5: 00 A.M. eastern standard time or eastern daylight time, whichever is applicable, unless: (i) Going to or from a place of business where he or she is actually employed on a regularly scheduled basis; (ii) Going to or from an event or activity sponsored or sanctioned by a secondary or postsecondary school in which he or she is enrolled as a student; (iii) Going to or from an event or activity sponsored or sanctioned by a religious organization; or (iv) For the purpose of a medical, fire, or law enforcement related emergency; and (B) The Class D license holder shall not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when

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more than three other passengers in the vehicle who are not members of the driver's immediate family are less than 21 years of age; provided, however, that a Class D license holder shall not be charged with a violation of this subparagraph alone but may be charged with violating this subparagraph in addition to any other traffic 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 February 6, 1998. APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1997-1998 TO ADDRESS YEAR 2000 COMPUTER COMPLIANCE. No. 502 (House Bill No. 1166). AN ACT To provide supplementary appropriations for the state fiscal year ending June 30, 1998, in addition to any other appropriation heretofore or hereafter made for the operation of state government and the purposes provided for herein; to confer certain responsibilities upon the Office of Planning and Budget; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: That the sums of money hereinafter provided are appropriated for the state fiscal year beginning July 1, 1997, and ending June 30, 1998, as prescribed hereinafter for such state fiscal year, and are in addition to any other appropriations heretofore or hereafter made for the operation of state government. SECTION 1 . The amount of $152,176,753 is appropriated to the Office of the Governor for transfer to budget units for expenditures necessary to address the Year 2000 computer compliance issue. Further, no transfer of funds from this section to any budget unit will be made without approval of the Office of Planning and Budget either directly or by a committee or other review body designated by the Office of Planning and Budget. SECTION 2 . TOTAL APPROPRIATION STATE FISCAL YEAR 1998 $152,176,753

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SECTION 3 . The Office of Planning and Budget is hereby directed to economize whenever possible and in the event any part of the appropriation provided in the foregoing sections of this Act shall be in excess of the actual approved budget allotments for the fiscal year, the amounts so in excess as determined by the Office of Planning and Budget shall cease to be an obligation of 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 February 16, 1998. REVENUE AND TAXATIONTAXATION OF CORPORATIONS; ALLOCATION AND APPORTIONMENT OF INCOME. Code Section 48-7-31 Amended. No. 503 (House Bill No. 1353). AN ACT To amend Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, so as to authorize the state revenue commissioner to enter into an agreement with the taxpayer to establish an allocation and apportionment formula under certain conditions; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-7-31 of the Official Code of Georgia Annotated, relating to taxation of corporations and allocation and apportionment of income, is amended in subsection (d) by striking paragraph (1) and inserting in its place a new paragraph (1) to read as follows: (1) For purposes of paragraphs (2) and (3) of this subsection, the commissioner may enter into an agreement with the taxpayer establishing the allocation and apportionment of the taxpayer's income for a limited period, provided that the following conditions are met: (A) The taxpayer is planning a new facility in the State of Georgia or an expansion of an existing facility;

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(B) The taxpayer submits a proposal asking the commissioner to enter into a contract under this paragraph requesting a different allocation and apportionment method and stating the reasons for such proposal; and (C) Following the commissioner's referral of the proposal to a panel composed of the commissioner of community affairs, the commissioner of industry, trade, and tourism, and the director of the Office of Planning and Budget, said panel, after reviewing the proposal, certifies that: (i) The new facility or expansion will have a significant beneficial economic effect on the region for which it is planned; and (ii) The benefits to the public from the new facility or expansion exceed its costs to the public; . SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved February 17, 1998. STATE PROPERTYDEKALB COUNTY; CONVEYANCE. No. 72 (Senate Resolution No. 481). A RESOLUTION Authorizing the conveyance of certain state owned real property located in DeKalb County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Georgia Building Authority (Hospital) is the owner of a certain parcel of real property known as the Brook Run Mental Retardation Facility located in DeKalb County, Georgia; and WHEREAS, said real property is all that tract or parcel of land lying and being in Land Lots 353 and 354 of the 18th Land District of DeKalb County, Georgia, containing approximately 102 acres as described in accordance with that certain plat of survey by Larry W. Clark, Georgia Registered Land Surveyor No. 1709, entitled State of Georgia (Department of Human Resources) dated August 4, 1997, on file in the offices of the State Properties Commission; and

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WHEREAS, said property is under the custody of the Georgia Department of Human Resources and is the former location of the Brook Run Mental Retardation campus; and WHEREAS, Resolution Act 18, S.R. 167, approved April 29, 1997 (Ga. L. 1997, p. 1201), authorized the State Properties Commission to conduct a study to determine the best utilization of the above-described property as being in the best interest of the State of Georgia after the Department of Human Resources vacated the property; and WHEREAS, DeKalb County, Georgia, made a proposal to the State Properties Commission at its meeting on December 16, 1997, that DeKalb County acquire the subject property for the consideration of $5,500,000.00 and that the site will be used for parks and recreation purposes, public education purposes, and public cultural purposes, dedicating a minimum of 70 percent of the tract to be maintained as urban greenspace; and WHEREAS, the State Properties Commission at its meeting on December 16, 1997, approved the sale of the above-described property to DeKalb County, Georgia, and recommends to the 1998 General Assembly that the above-described 102 acre tract formerly known as Brook Run be sold to DeKalb County, Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the Georgia Building Authority (Hospital) 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 property shall be conveyed by appropriate instruments to DeKalb County, which shall not be required to comply with the provisions of subsection (f) of Code Section 36-60-13 of the O.C.G.A., by the State of Georgia and Georgia Building Authority (Hospital), acting by and through the State Properties Commission, for the consideration of $5,500,000.00 to be paid over a period of four years 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 deed of conveyance shall specify that the above-described property shall be used for parks and recreation purposes, public education purposes, and public cultural purposes, and that a minimum of 70 percent of the property shall be maintained as urban greenspace.

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SECTION 4 . That if DeKalb County should convey or lease all or a portion of the above-described property, the terms, conditions, and consideration of such conveyance or lease must first be approved by the State Properties Commission. SECTION 5 . That the authorization in this resolution to convey the above-described property to DeKalb County 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 conveyance. SECTION 7 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of DeKalb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 8 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . That all laws and parts of laws in conflict with this resolution are repealed. Approved February 19, 1998. STATE PROPERTYTITLE IN TIFT COUNTY DEVELOPMENT AUTHORITY AFFIRMED. No. 73 (House Resolution No. 778). A RESOLUTION Authorizing the granting of a quitclaim deed, affidavit, or other document evidencing that the state has not accepted title to and has no intent to use certain property in Tift County and granting or affirming title to such property to the Tift County Development Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the Tift County Development Authority intended to convey to the state a certain 12 acre tract of property in Tift County for the purpose of establishing a commercial driver's license facility; and

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WHEREAS, the Tift County Development Authority did prepare and record in Tift County a warranty deed to bring about the above-described conveyance; and WHEREAS, said real property is described as all that tract or parcel of land lying and being in Land Lot 355 in the 6th Land District of Tift county, Georgia, more fully described as follows: To reach the point of beginning, start at the northeast corner of the intersection of the South Central Avenue and Jordan Road and run eastward 501.80 feet along the north margin of such road; thence from such point of beginning north 32 degrees 13'47 east 258.66 feet to the run of a branch; thence northeastward along the run of such branch 939.65 feet; thence south 08 degrees 10'12 685.34 feet to the north margin of Jordan Road; thence westward along the north margin of such road 1,073.34 feet to the point of beginning as shown upon the survey hereto attached made by Hampton Associates Surveying Co., dated September 20, 1992, and recorded in Plat Book 23, Pages 126 127 in the office of the Clerk of the Superior court of Tift County, Georgia; and WHEREAS, the Department of Public Safety determined that there was not a need for a commercial driver's license facility to be located in Tift County and the above-mentioned deed was never accepted by the State of Georgia; and WHEREAS, the Tift County Development Authority is desirous of utilizing the above-described property for potential commercial growth and has requested that the state relinquish any claim it may have on the above-described property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . That the State of Georgia, acting by and through its State Properties Commission, may confirm by quitclaim deed, affidavit, or any other instrument that the state has not accepted title to the above-described property in Tift County and, in any event, has no intent to use the above-described property in Tift County and, therefore, grants or affirms, as the case may be, title to the Tift County Development Authority. SECTION 2 . That the consideration for such instrument shall be $1.00 and such further consideration and provision 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 confirm that the state has not accepted title to the above-described property from the Tift County

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Development Authority shall expire three years after the date that this resolution becomes effective. SECTION 4 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such confirmation. SECTION 5 . That the proper instrument to effect such confirmation provided for in this resolution shall be recorded by the grantee in the Superior Court of Tift County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 6 . That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . That all laws and parts of laws in conflict with this resolution are repealed. Approved February 25, 1998. GENERAL ASSEMBLYHOUSE OF REPRESENTATIVES; REDISTRICTING; VARIOUS DISTRICTS. Code Section 28-2-1 Amended. No. 507 (House Bill No. 1502). AN ACT To amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and qualifications of its members, so as to change the composition of certain House districts; to state legislative intent; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, is amended by striking the description of representative districts 156, 157, 165, 166, 172, 173, and 174 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of representative districts 156, 157,

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165, 166, 172, 173, and 174 attached to this Act and made a part hereof and further identified as: Operator: state Client: house Plan: h1998re. SECTION 2 . It is the intention of the General Assembly that the provisions of this Act may, if necessary, be implemented severably to a limited extent only. It is the intention of the General Assembly that one of the groups of districts listed in this section may, if necessary, be implemented without implementing the remaining districts affected by this Act; but it is the intention of the General Assembly that one or more districts from a group of districts listed in this section may not be implemented severably without implementing all districts within the group. The reason for this intention is that each group of districts listed in this section may be implemented without affecting any other district; but that it is not possible to implement one or more but less than all districts from a group without affecting other districts. The groups of districts for which the General Assembly intends severable implementation, if necessary, are: (1) The group consisting of representative districts 172, 173, and 174; and (2) The group consisting of representative districts 156, 157, 165, and 166. SECTION 3 . (a) To the extent that this Act is approved by the United States Attorney General or otherwise becomes enforceable under the federal Voting Rights Act of 1965, as amended, prior to the opening day of the period for qualification of candidates for nomination and election to the House of Representatives in 1998, this Act shall first apply to and take effect for qualification, nomination, and election of candidates to the House of Representatives in the year 1998 and thereafter. (b) To the extent that this Act is not enforceable under the federal Voting Rights Act of 1965, as amended, prior to the opening day of the period for qualification of candidates for nomination and election to the House of Representatives in 1998 but this Act later is approved or becomes enforceable, this Act shall first apply to and take effect for qualification, nomination, and election of candidates to the House of Representatives in the year 2000 and thereafter. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Operator: state Client: house Plan: h1998re District No. 156 BEN_HILL IRWIN

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TIFT Tract: 9901. Block: 134, 135, 136, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 160, 161, 162 Tract: 9904. Block: 101, 102, 103, 104 Tract: 9905. Tract: 9906. Block: 237, 238 Tract: 9909. Block: 201, 202, 203, 204, 205, 206, 207, 208, 209 WILCOX District No. 157 TIFT Tract: 9902. Tract: 9906. Block: 401A, 401B, 404, 415, 416, 417, 418, 423, 424, 425, 426, 427, 428, 429 Tract: 9907. Block: 103A, 108A, 109, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224 Block Group: 3 Block: 431, 432, 433, 435A, 439, 440A, 440B, 441, 442, 443, 444, 445, 446, 447, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 471, 472, 473, 474, 475, 476, 477, 478 Tract: 9908. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 133, 134, 135, 136, 139, 140, 155 Tract: 9909. Block: 108, 109, 110, 111, 112, 113, 114 TURNER WORTH District No. 165 COLQUITT Tract: 9701. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 221, 222, 223, 224, 225, 226A, 226B, 227, 228A, 228B, 229A, 229B, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258A, 258B, 259, 260A, 260B, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276A, 276B, 277A, 277B, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 291, 292, 293, 294, 295, 296, 297

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Tract: 9703. Block: 101, 102, 103, 121, 122, 123, 124, 125, 126, 127, 128, Block: 129, 130, 131, 132, 133, 134, 135, 215A, 216 Tract: 9704. Block: 101, 102, 103, 104, 105, 106, 107A, 107B, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 110A, 110B, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 137, 138B, 139, 140, 141, 142, 143, 201C, 202, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235A, 235B, 236B, 237C, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 301, 302, 303, 304, 305, 306, 307, 308, 318, 319, 323, 324 Tract: 9705. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145A, 145B, 146A, 146B, 147, 148, 149A, 149B, 150, 151, 152, 155, 156, 157A, 157B, 158, 159A, 159B, 160, 161, 162A, 162B, 163, 164, 165, 166, 167, 168, 169, 172 Tract: 9706. Block: 301, 302A, 302B, 304, 305, 306A, 307A, 308A, 314A, 315A, 316, 317, 318, 322A Tract: 9707. Block: 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 117, 118, 119, 120, 121A, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131A, 132, 133, 134 Block Group: 2 Block Group: 3 Block: 402A, 403A, 404A, 405, 406A, 407, 408, 409, 410, 411, 412, 413, 414, 419A, 427, 428, 429, 430, 431, 432, 433, 434, 435, 509A, 510A, 511A, 512A, 513A, 513B, 513C, 514, 515, 516A, 517A, 518A, 519, 520A, 521A, 522A, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622A, 622B, 622C, 623A, 623B, 623C, 624, 625A, 625B, 626A, 627, 628, 629, 630 Tract: 9708. Block: 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 147, 148, 201, 202, 203, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229 Block Group: 3 Block Group: 4 Tract: 9709. Block: 301B, 325A, 325B, 418A, 418B TIFT Tract: 9901.

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Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 137, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174 Block Group: 2 Tract: 9903. Tract: 9904. Block: 105A, 105B, 105C, 105D, 106, 107, 108, 109, 110A, 110B, 111A, 111B, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 121B, 122, 123, 124, 125, 126, 127, 128, 129, 130 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Tract: 9906. Block Group: 1 Block: 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 219, 220A, 220B, 221A, 221B, 222, 223, 224, 225A, 225B, 225C, 225D, 226, 227, 228, 229, 230A, 230B, 231, 232A, 232B, 233, 234, 235, 236 Block Group: 3 Block: 402, 403, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 419, 420, 421, 422, 430, 431, 432, 433, 434, 435 Tract: 9907. Block: 101, 102, 103B, 104, 105, 106, 107, 108B, 110, 111, 112, 113, 114, 115, 201, 202, 216, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 425C, 426, 427, 428, 429, 430, 434, 435B, 436, 437, 438, 465, 466, 467, 468, 469, 470 Tract: 9908. Block: 128, 129, 130, 131, 132, 137, 138, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 153B, 154, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165 Block Group: 2 Tract: 9909. Block: 101, 102, 103, 104, 105, 106, 107, 115, 116, 117, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246 Block Group: 3 District No. 166 BERRIEN

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COLQUITT Tract: 9704. Block: 138A, 201A, 201B, 236A, 237A, 237B, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 309, 310, 311, 312, 313, 314, 315, 316, 317, 320, 321, 322, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 335B, 336, 337, 338, 339, 340, 341, 342 Tract: 9705. Block: 153, 154, 170, 171, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184 Block Group: 2 Tract: 9706. Block Group: 1 Block Group: 2 Block: 324, 326, 327, 361, 362, 363, 364, 365, 366, 367, 370, 371 Tract: 9707. Block: 101, 102, 103, 104, 105, 116, 121B, 131B, 135, 136, 137, 138, 139, 140, 401, 402B, 403B, 404B, 406B, 415, 416, 417, 418, 419B, 420, 421, 422, 423, 424, 425, 426, 501A, 501B, 502, 503, 504, 505, 506, 507, 508, 509B, 510B, 510C, 511B, 511C, 512B, 513D, 516B, 517B, 517C, 518B, 520B, 520C, 521B, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538A, 538B, 539, 540, 541, 542, 543, 544, 545, 546 COOK District No. 172 LIBERTY Tract: 0102. Tract: 0103. Tract: 0104. Tract: 0105. Tract: 0106. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 115, 116, 189, 190 District No. 173 GLYNN Tract: 0004. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 382, 383, 384, 385, 386, 387, 388, 389, 390, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 624

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Tract: 0005. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block Group: 6 Block Group: 7 Block Group: 8 Block: 901, 902, 903, 904, 905, 906, 907, 908, 909, 910, 911, 912, 913, 914, 915, 916, 917, 918, 919, 920, 921, 922, 923, 924, 925, 926, 927, 928, 929A, 929B, 929C, 929D, 930A, 930B, 930C, 930D, 931, 932, 933, 934, 935, 936, 937, 938, 939, 940, 941 Tract: 0006. Block: 201, 204, 205, 206, 501 Tract: 0007. Block: 110A, 110B, 110C, 112A, 119A, 119B, 120, 121, 122, 123, 124, 125 Block Group: 2 Block Group: 3 Block Group: 4 Block Group: 5 Block: 621A, 623, 624, 636, 637, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 649, 650, 651, 652, 653, 654, 655, 656, 714, 715, 722, 723, 724, 725, 726, 727, 728, 729, 735, 736, 737, 738, 739, 740, 741, 749, 750, 751, 752, 753, 754, 755A, 755B, 756A, 756B, 757, 758, 759 Block Group: 8 Tract: 0008. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251 Block Group: 3 Block Group: 4 Block: 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527A, 527B, 528, 529, 530, 531, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 548, 549 LIBERTY Tract: 0106. Block: 117, 118, 119, 120, 121, 122, 123, 124A, 124B, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137A, 137B, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162A, 162B, 163A, 163B, 164, 165A, 165B, 166, 167, 168A,

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168B, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184A, 184B, 185A, 185B, 186, 187, 188 Block Group: 2 MCINTOSH District No. 174 GLYNN Tract: 0001. Tract: 0001.99 Tract: 0002. Tract: 0003. Tract: 0004. Block: 126, 127, 128, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 391, 392, 393, 394, 395, 396, 397 Block Group: 4 Block Group: 5 Block: 601, 602, 623, 625, 626, 627, 628 Tract: 0005. Block: 942, 943, 944, 945, 946 Tract: 0006. Block Group: 1 Block: 202, 203, 207, 208, 209, 210, 211, 212 Block Group: 3 Block Group: 4 Block: 502, 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544 Block Group: 6 Tract: 0007. Block: 101, 102, 103, 104, 105A, 105B, 106, 107, 108, 109, 110D, 111, 112B, 112C, 113, 114, 115, 116, 117, 118, 119C, 126, 127, 128, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621B, 622, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 657, 658, 659, 660, 661, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 716, 717, 718, 719, 720, 721, 730, 731, 732, 733, 734, 742, 743, 744, 745, 746, 747, 748 Tract: 0008. Block: 216, 238, 239A, 239B, 532, 533, 534, 546, 547

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Tract: 0009. Tract: 0010. Approved February 25, 1998. REVENUE AND TAXATIONEXCISE TAXES; COUNTY OR MUNICIPAL; CHARGES TO PUBLIC FOR ACCOMMODATIONS; TAXES TO FUND A MULTIPURPOSE DOMED STADIUM; TERMINATION. Code Section 48-13-51 Amended. No. 510 (House Bill No. 1631). 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 change certain provisions authorizing certain counties and municipalities to levy such tax under certain conditions; 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 paragraph (5) 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 (5) to read as follows: (5) Notwithstanding any other provision of this subsection, a county (within the territorial limits of the special district located within the county) or municipality is authorized to 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 an amount equal to at least 51.4 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to at least 32.14 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) supporting a facility owned or operated by a state authority for convention and trade show purposes or any other similar or related purposes; (C) supporting a facility owned or operated by a local authority or local government for convention and trade show purposes or any other similar or related purposes, if a written agreement to provide such support was in effect on January 1, 1987, and if such

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facility is substantially completed and in operation prior to July 1, 1987; (D) 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 if construction of such facility is funded or was funded in whole or in part by a grant of state funds; or (E) for some combination of such purposes. Amounts so expended shall be expended only through a contract or contracts with the state, a department of state government, a state authority, or a private sector nonprofit organization or through a contract or contracts with some combination of such entities, except that amounts expended for those purposes specified in subparagraphs (C) and (D) of this paragraph may be so expended in any otherwise lawful manner. In addition to the amounts required to be expended above, a county or municipality levying a tax pursuant to this paragraph (5) shall further expend (in each fiscal year during which the tax is collected under this paragraph (5)) an amount equal to 14.3 percent of the total taxes collected prior to July 1, 1990, at the rate of 7 percent and an amount equal to 39.3 percent of the total taxes collected on or after July 1, 1990, at the rate of 7 percent toward funding a multipurpose domed stadium facility. Amounts so expended shall be expended only through a contract originally with the state, a department or agency of the state, or a state authority or through a contract or contracts with some combination of the above. Any tax levied pursuant to this paragraph shall terminate not later than December 31, 2020, provided that during any period during which there remains outstanding any obligation which is incurred prior to January 1, 1991, issued to fund a multipurpose domed stadium as contemplated by this paragraph (5), and secured in whole or in part by a pledge of a tax authorized under this Code section, or any such obligation which is incurred to refund such an obligation incurred before January 1, 1991, the powers of the counties and municipalities to impose and distribute the tax imposed by this paragraph (5) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph shall cease to levy the tax in any manner that will impair the interest and rights of the holders of any such obligation. This proviso shall be for the benefit of the holder of any such obligation and, upon the issuance of any such obligation by an authority of the state, shall constitute a contract with the holder of such obligations. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 3, 1998.

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GENERAL ASSEMBLYSENATE; DISTRICTS 3 AND 6; REAPPORTIONMENT. Code Section 28-2-2 Amended. No. 512 (Senate Bill No. 644). AN ACT To amend Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, so as to provide for the description of Senate districts 3 and 6; to provide for related matters; to provide for effective dates and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 28-2-2 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the Senate, is amended by striking the description of Senate districts 3 and 6 which are described in the paragraph immediately following the second sentence of subsection (a) thereof and inserting in its place the description of Senate districts 3 and 6 attached to this Act and made a part hereof and further identified as: Operator: state Client: senate Plan: s3s6am. SECTION 2 . (a) To the extent that this Act is approved by the United States Attorney General or otherwise becomes enforceable under the federal Voting Rights Act of 1965, as amended, prior to the opening day of the period for qualification of candidates for nomination and election to the Senate in 1998, this Act shall first apply to and take effect for qualification, nomination, and election of candidates to the Senate in the year 1998 and thereafter. (b) To the extent that this Act is not enforceable under the federal Voting Rights Act of 1965, as amended, prior to the opening day of the period for qualification of candidates for nomination and election to the Senate in 1998 but this Act later becomes enforceable, this Act shall first apply to and take effect for qualification, nomination, and election of candidates to the Senate in the year 2000 and thereafter. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Operator: state Client: senate Plan: s3s6am District No. 3 BRYAN Tract: 9201.

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Tract: 9202. Tract: 9203. Block: 232 GLYNN Tract: 0004. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228A, 228B, 229, 230, 231, 232, 233, 234, 235, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 382, 383, 384, 385, 386, 387, 388, 389, 390, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625 Tract: 0005. Tract: 0006. Block Group: 1 Block: 201, 204, 205, 206, 207, 208, 209, 210, 211, 212 Block Group: 3 Block: 501 Block Group: 6 Tract: 0007. Tract: 0008. Tract: 0009. LIBERTY LONG MCINTOSH District No. 6 APPLING BRANTLEY GLYNN Tract: 0001. Tract: 0001.99 Tract: 0002. Tract: 0003. Tract: 0004. Block: 126, 127, 128, 236, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 391, 392, 393, 394, 395, 396, 397

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Block Group: 4 Block Group: 5 Block: 601, 602, 626, 627, 628 Tract: 0006. Block: 202, 203 Block Group: 4 Block: 502, 503, 504, 505, 506, 507, 508, 509, 510A, 510B, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, Block: 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544 Tract: 0010. MONTGOMERY PIERCE TOOMBS WAYNE Approved March 4, 1998. APPROPRIATIONSSUPPLEMENTAL FOR S.F.Y. 1997-1998. No. 518 (House Bill No. 1167) AN ACT To amend an Act providing appropriations for the State Fiscal Year 1997-1998 known as the General Appropriations Act, approved April 24, 1997 (Ga. L. 1997, p. 1101), so as to change certain appropriations for the State Fiscal Year 1997-1998; to make language and other changes; to reallocate certain funds; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1 . An Act providing appropriations for the State Fiscal Year 1997-1998, as amended, known as the General Appropriations Act approved April 24, 1997 (Ga. L. 1997, p. 1101), is further amended by striking everything following the enacting clause through Section 61, and by substituting in lieu thereof the following: That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 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.

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PART I . LEGISLATIVE BRANCH Section 1. General Assembly. Budget Unit: General Assembly $ 27,168,900 Personal Services - Staff $ 14,396,206 Personal Services - Elected Officials $ 3,978,935 Regular Operating Expenses $ 2,607,235 Travel - Staff $ 110,000 Travel - Elected Officials $ 7,000 Capital Outlay $ 0 Per Diem Differential $ 519,200 Equipment $ 260,000 Computer Charges $ 763,000 Real Estate Rentals $ 5,000 Telecommunications $ 650,500 Per Diem, Fees and Contracts - Staff $ 130,230 Per Diem, Fees and Contracts - Elected Officials $ 2,503,794 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 $ 4,398,770 $ 4,398,770 Lt. Governor's Office $ 740,357 $ 740,357 Secretary of the Senate's Office $ 1,196,674 $ 1,196,674 Total $ 6,335,801 $ 6,335,801 House Functional Budgets Total Funds State Funds House of Representatives and Research Office $ 10,737,419 $ 10,737,419 Speaker of the House's Office $ 579,469 $ 579,469 Clerk of the House's Office $ 1,471,096 $ 1,471,096 Total $ 12,787,984 $ 12,787,984

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Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office $ 2,908,271 $ 2,908,271 Legislative Fiscal Office $ 2,075,165 $ 2,075,165 Legislative Budget Office $ 994,253 $ 994,253 Ancillary Activities $ 1,671,664 $ 1,671,664 Budgetary Responsibility Oversight Committee $ 395,762 $ 395,762 Total $ 8,045,115 $ 8,045,115 For compensation, expenses, mileage, allowances, travel and benefits for members, officials, committees and employees of the General Assembly and each House thereof; for operating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the Council of State Governments, the National Conference of State Legislatures and the National Conference of Insurance Legislators and other legislative organizations, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other compacts, upon approval of the Legislative Services Committee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legislative Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Analyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Electors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Government, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Committee is hereby authorized to

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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 $ 20,214,774 Personal Services $ 17,079,652 Regular Operating Expenses $ 659,390 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 $ 20,214,774 State Funds Budgeted $ 20,214,774 PART II JUDICIAL BRANCH Section 3. Judicial Branch. Budget Unit: Judicial Branch $ 90,895,360 Personal Services $ 12,819,251 Other Operating $ 74,814,404 Prosecuting Attorney's Council $ 2,505,947 Judicial Administrative Districts $ 1,624,344 Payment to Council of Superior Court Clerks $ 38,000 Payment to Resource Center $ 300,000 Computerized Information Network $ 700,000 Total Funds Budgeted $ 92,801,946 State Funds Budgeted $ 90,895,360 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 $ 36,251,730 $ 36,177,730 Superior Court - District Attorneys $ 29,887,900 $ 28,834,584 Juvenile Court $ 1,209,812 $ 1,209,812 Institute of Continuing Judicial Education $ 783,635 $ 783,635 Judicial Council $ 2,739,590 $ 2,660,320 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 $ 92,801,946 $ 90,895,360 Section 4. Department of Administrative Services. A . Budget Unit: Department of Administrative Services $ 48,649,307 Personal Services $ 52,274,607 Regular Operating Expenses $ 14,772,359 Travel $ 500,371 Motor Vehicle Purchases $ 812,834 Equipment $ 2,301,544 Computer Charges $ 13,975,611 Real Estate Rentals $ 3,567,350 Telecommunications $ 3,852,727 Per Diem, Fees and Contracts $ 3,544,715 Rents and Maintenance Expense $ 11,129,891 Utilities $ 0 Payments to DOAS Fiscal Administration $ 2,974,797 Direct Payments to Georgia Building Authority for Capital Outlay $ 4,336,637 Direct Payments to Georgia Building Authority for Operations $ 566,806 Telephone Billings $ 60,913,800 Radio Billings $ 1,154,406 Materials for Resale $ 20,039,840 Public Safety Officers Indemnity Fund $ 700,000 Health Planning Review Board Operations $ 85,000 Payments to Aviation Hall of Fame $ 48,500 Payments to Golf Hall of Fame $ 85,000 Total Funds Budgeted $ 197,636,795 State Funds Budgeted $ 48,649,307 Departmental Functional Budgets Total Funds State Funds Administration $ 14,651,997 $ 7,539,671 Statewide Business Services $ 9,832,273 $ 4,448,172 General Support Services $ 31,659,290 $ 0 Information Technology $ 135,265,763 $ 32,437,569 State Properties Commission $ 667,364 $ 667,364 Office of the Treasury $ 1,524,951 $ 192,372 State Office of Administrative Hearings $ 4,035,157 $ 3,364,159 Total $ 197,636,795 $ 48,649,307 B . Budget Unit: Georgia Building Authority $ 0 Personal Services $ 23,054,408 Regular Operating Expenses $ 13,560,189 Travel $ 12,000 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 $ 4,336,637 Utilities $ 0 Contractual Expense $ 0 Facilities Renovations and Repairs $ 0 Total Funds Budgeted $ 42,119,175 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 $ 17,942,298 $ 0 Roofing $ 370,657 $ 0 Facilities Program $ 703,623 $ 0 Total $ 42,119,175 $ 0 Section 5. Department of Agriculture . A . Budget Unit: Department of Agriculture $ 37,782,853 Personal Services $ 32,169,566 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 Market Bulletin Postage $ 1,046,000 Payments to Athens and Tifton Veterinary Laboratories $ 3,093,546 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, Statesboro, Carroll, Macon, Mitchell, and Monroe $ 2,911,440 Veterinary Fees $ 275,000 Indemnities $ 60,000 Advertising Contract $ 175,000 Payments to Georgia Agrirama Development Authority for Operations $ 735,704 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 $ 49,514,646 State Funds Budgeted $ 37,782,853

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Departmental Functional Budgets Total Funds State Funds Plant Industry $ 8,179,810 $ 7,398,810 Animal Industry $ 16,194,493 $ 13,062,358 Marketing $ 6,393,875 $ 2,718,875 Internal Administration $ 6,399,695 $ 6,212,195 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 $ 49,514,646 $ 37,782,853 B . Budget Unit: Georgia Agrirama Development Authority $ 0 Personal Services $ 938,623 Regular Operating Expenses $ 201,667 Travel $ 4,000 Motor Vehicle Purchases $ 0 Equipment $ 5,560 Computer Charges $ 7,500 Real Estate Rentals $ 0 Telecommunications $ 7,500 Per Diem, Fees and Contracts $ 44,500 Capital Outlay $ 178,867 Goods for Resale $ 120,000 Total Funds Budgeted $ 1,508,217 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 Community Affairs . Budget Unit: Department of Community Affairs $ 44,876,764 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 Per Diem, Fees and Contracts $ 247,564 Computer Charges $ 132,424 Telecommunications $ 82,110 Contracts for Regional Planning and Development $ 2,063,100 Local Assistance Grants $ 17,743,689 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 Local Development Fund $ 650,000 Payments to Music Hall of Fame Authority $ 1,113,812 Payment to State Housing Trust Fund $ 4,531,250 Payments to Sports Hall of Fame $ 937,868 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 Regional Assistance Program $ 1,250,000 Total Funds Budgeted $ 77,402,216 State Funds Budgeted $ 44,876,764 Departmental Functional Budgets Total Funds State Funds Executive Division $ 1,727,464 $ 1,727,464 Planning Information and Management Division $ 6,155,239 $ 5,980,711 Business and Financial Assistance Division $ 39,076,556 $ 8,002,999 Housing Finance Division $ 0 $ 0 Administrative Division $ 30,442,957 $ 29,165,590 Rental Assistance Division $ 0 $ 0 Total $ 77,402,216 $ 44,876,764 Section 8. Department of Corrections. A . Budget Unit: Administration, Institutions and Probation $ 700,029,028 Personal Services $ 496,484,504 Regular Operating Expenses $ 60,038,119 Travel $ 2,237,021 Motor Vehicle Purchases $ 1,280,920 Equipment $ 3,533,387 Computer Charges $ 6,777,354 Real Estate Rentals $ 6,002,776 Telecommunications $ 6,837,979 Per Diem, Fees and Contracts $ 4,721,239 Capital Outlay $ 0 Utilities $ 22,365,907 Court Costs $ 1,200,000 County Subsidy $ 16,777,319 County Subsidy for Jails $ 9,532,184 County Workcamp Construction Grants $ 0 Central Repair Fund $ 1,093,624 Payments to Central State Hospital for Meals $ 3,959,700 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 $ 71,075,480 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 $ 718,697,537 Indirect DOAS Funding $ 450,000 Georgia Correctional Industries $ 0 State Funds Budgeted $ 700,029,028

Page 33

Departmental Functional Budgets Total Funds State Funds Executive Operations $ 15,010,373 $ 14,653,373 Administration $ 51,214,918 $ 48,989,399 Human Resources $ 14,019,558 $ 14,019,558 Field Probation $ 61,401,109 $ 60,921,109 Facilities $ 577,051,579 $ 561,445,589 Total $ 718,697,537 $ 700,029,028 B . Budget Unit: Board of Pardons and Paroles $ 45,029,713 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 $ 2,343,650 County Jail Subsidy $ 918,560 Health Services Purchases $ 25,000 Total Funds Budgeted $ 45,029,713 State Funds Budgeted $ 45,029,713 Section 9. Department of Defense. Budget Unit: Department of Defense $ 4,989,144 Personal Services $ 10,589,217 Regular Operating Expenses $ 7,614,572 Travel $ 38,375 Motor Vehicle Purchases $ 0 Equipment $ 20,000 Computer Charges $ 40,225 Real Estate Rentals $ 24,400 Telecommunications $ 41,225 Per Diem, Fees and Contracts $ 470,200 Capital Outlay $ 0 Total Funds Budgeted $ 18,838,214 State Funds Budgeted $ 4,989,144

Page 34

Departmental Functional Budgets Total Funds State Funds Office of the Adjutant General $1,613,393 $ 1,412,701 Georgia Air National Guard $5,553,809 $ 602,799 Georgia Army National Guard $1,671,012 $ 2,973,644 Total $8,838,214 $ 4,989,144 Section 10. State Board of Education Department of Education. A . Budget Unit: Department of Education $ 4,503,454,637 Operations : Personal Services $ 35,653,456 Regular Operating Expenses $ 6,816,474 Travel $ 1,066,510 Motor Vehicle Purchases $ 39,279 Equipment $ 108,465 Computer Charges $ 8,845,662 Real Estate Rentals $ 1,362,627 Telecommunications $ 1,248,850 Per Diem, Fees and Contracts $ 24,493,607 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 $ 727,027,989 Pupil Transportation $ 144,838,830 Local Fair Share $ (668,034,272) Mid-Term Adjustment Reserve $ 78,027,895 Teacher Salary Schedule Adjustment $ 0 Other Categorical Grants : Equalization Formula $ 168,134,386 Sparsity Grants $ 3,367,891 In School Suspension $ 27,736,019 Special Instructional Assistance $ 104,583,661 Middle School Incentive $ 86,256,283 Special Education Low - Incidence Grants $ 563,759 Limited English-Speaking Students Program $ 18,078,796 Non-QBE Grants : Education of Children of Low-Income Families $ 164,747,346 Retirement (H.B. 272 and H.B. 1321) $ 5,408,750 Instructional Services for the Handicapped $ 73,012,113 Tuition for the Multi-Handicapped $ 2,210,804 Severely Emotionally Disturbed $ 45,900,747 School Lunch (Federal) $ 188,375,722 School Lunch (State) $ 31,528,000 Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification $ 1,491,147 Regional Education Service Agencies $ 10,159,188 Georgia Learning Resources System $ 3,568,830 High School Program $ 25,074,476 Special Education in State Institutions $ 3,644,659 Governor's Scholarships $ 4,600,000 Counselors $ 11,524,998 Vocational Research and Curriculum $ 301,207 Even Start $ 2,720,906 State and Local Education Improvement $ 4,552,565 PSAT Exams $ 756,500 Accounting, Management and Student Information System $ 11,321,870 Student Record $ 922,356 Child Care Lunch Program (Federal) $ 29,829,742 Chapter II - Block Grant Flow Through $ 9,663,513 Payment of Federal Funds to Board of Technical and Adult Education $ 16,901,918 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 $ 1,227,493 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 $ 1,608,000 Gifted Technology $ 472,400 Serve America Program $ 382,597 Youth Apprenticeship Grants $ 4,340,000 Remedial Summer School $ 1,689,931 Alternative Programs $ 12,924,311 Joint Evening Programs $ 267,333 Environmental Science Grants $ 100,000 Pay for Performance $ 6,694,000 Mentoring Program $ 500,000 Charter Schools $ 45,000 Technology Specialist $ 14,132,828 Migrant Education $ 274,395 Total Funds Budgeted $ 5,057,493,801 Indirect DOAS Services Funding $ 340,000 State Funds Budgeted $ 4,503,454,637 Departmental Functional Budgets Total Funds State Funds State Administration $ 10,108,626 $ 8,648,432 Student Learning and Assessment $ 20,228,109 $ 15,248,586 Governor's Honors Program $ 1,215,442 $ 1,137,853 Quality and School Support $ 5,400,732 $ 5,400,732 Federal Programs $ 6,776,777 $ 392,542 Technology $ 17,059,279 $ 15,748,475 Professional Practices $ 1,090,100 $ 1,090,100 Local Programs $ 4,977,414,919 $ 4,440,560,027 Georgia Academy for the Blind $ 5,554,282 $ 5,193,601 Georgia School for the Deaf $ 4,623,900 $ 4,384,804 Atlanta Area School for the Deaf $ 5,280,626 $ 4,799,884 Office of School Readiness $ 2,741,009 $ 849,601 Total $ 5,057,493,801 $ 4,503,454,637 B . Budget Unit: Lottery for Education $ 357,532,088 Pre-Kindergarten for 4-year-olds $ 210,279,348 Applied Technology Labs $ 0 Assistive Technology $ 2,000,000 Alternative Programs $ 500,000 Educational Technology Centers $ 689,836 Learning Logic $ 300,000 Model Technology Schools $ 0 Capital Outlay $ 100,016,973 Post Secondary Options $ 2,100,000 Fort Discovery National Science Center $ 1,000,000 Financial and Management Equipment $ 3,804,500 Computers in the Classroom $ 36,841,431 Total Funds Budgeted $ 357,532,088 Lottery Funds Budgeted $ 357,532,088 Section 11. Employees' Retirement System. Budget Unit: Employees' Retirement System $ 0 Personal Services $ 2,124,047 Regular Operating Expenses $ 260,600 Travel $ 18,000 Motor Vehicle Purchases $ 0 Equipment $ 65,105 Computer Charges $ 654,663 Real Estate Rentals $ 322,438 Telecommunications $ 63,315 Per Diem, Fees and Contracts $ 1,331,650 Benefits to Retirees $ 0 Total Funds Budgeted $ 4,839,818 State Funds Budgeted $ 0 Section 12. Forestry Commission. Budget Unit: Forestry Commission $ 34,986,218 Personal Services $ 29,108,768 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 $ 39,936,411 State Funds Budgeted $ 34,986,218 Departmental Functional Budgets Total Funds State Funds Reforestation $ 1,859,526 $ 25,710 Field Services $ 33,896,376 $ 30,948,154 General Administration and Support $ 4,180,509 $ 4,012,354 Total $ 39,936,411 $ 34,986,218 Section 13. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation $ 48,334,166 Personal Services $ 37,206,120 Regular Operating Expenses $ 4,488,436 Travel $ 478,225 Motor Vehicle Purchases $ 294,000 Equipment $ 630,490 Computer Charges $ 640,355 Real Estate Rentals $ 2,086,425 Telecommunications $ 1,103,470 Per Diem, Fees and Contracts $ 922,645 Evidence Purchased $ 484,000 Capital Outlay $ 0 Total Funds Budgeted $ 48,334,166 State Funds Budgeted $ 48,334,166 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 $ 11,406,185 $ 11,406,185 Total $ 48,334,166 $ 48,334,166 Section 14. Office of the Governor. A . Budget Unit: Office of the Governor $ 30,616,017 Personal Services $ 15,352,586 Regular Operating Expenses $ 943,322 Travel $ 236,064 Motor Vehicle Purchases $ 0 Equipment $ 60,408 Computer Charges $ 830,700 Real Estate Rentals $ 996,718 Telecommunications $ 495,706 Per Diem, Fees and Contracts $ 4,311,892 Cost of Operations $ 3,354,364 Mansion Allowance $ 40,000 Governor's Emergency Fund $ 3,160,000 Intern Stipends and Travel $ 156,750 Art Grants of State Funds $ 3,900,000 Art Grants of Non-State Funds $ 241,500 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 Total Funds Budgeted $ 37,957,904 State Funds Budgeted $ 30,616,017 Departmental Functional Budgets Total Funds State Funds Governor's Office $ 6,711,114 $ 6,711,114 Office of Equal Opportunity $ 983,071 $ 819,125 Office of Planning and Budget $ 8,125,886 $ 8,125,886 Council for the Arts $ 5,105,637 $ 4,502,137 Office of Consumer Affairs $ 3,317,635 $ 3,216,635 Georgia Information Technology Policy Council $ 711,123 $ 711,123 Criminal Justice Coordinating Council $ 1,250,197 $ 310,878 Children and Youth Coordinating Council $ 2,253,846 $ 554,846 Human Relations Commission $ 311,207 $ 311,207 Professional Standards Commission $ 4,041,774 $ 4,041,774 Georgia Emergency Management Agency $ 4,983,374 $ 1,148,252 Governor's Commission for the Privatization of Government Services $ 163,040 $ 163,040 Total $ 37,957,904 $ 30,616,017 Section 15. Department of Human Resources. A . Budget Unit: Departmental Operations $ 1,161,948,609 1 . General Administration and Support Budget : Personal Services $ 60,049,842 Regular Operating Expenses $ 2,433,191 Travel $ 1,522,191 Motor Vehicle Purchases $ 1,573,678 Equipment $ 106,130 Real Estate Rentals $ 4,778,651 Per Diem, Fees and Contracts $ 7,068,171 Computer Charges $ 7,115,683 Telecommunications $ 867,947 Special Purpose Contracts $ 309,000 Service Benefits for Children $ 46,486,389 Purchase of Service Contracts $ 45,491,515 Institutional Repairs and Maintenance $ 89,214 Postage $ 923,452 Payments to DMA-Community Care $ 18,199,615 Grants to County DFACS - Operations $ 927,901 Total Funds Budgeted $ 197,942,570 Indirect DOAS Services Funding $ 412,600 State Funds Budgeted $ 116,701,261

Page 41

Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,037,742 $ 1,037,742 Office of Planning and Budget Services $ 4,057,233 $ 4,057,233 Office of Adoption $ 1,191,996 $ 1,168,246 Children's Community Based Initiative $ 5,508,295 $ 5,133,295 Troubled Children's Placements $ 46,486,389 $ 33,335,726 Technology and Support $ 34,883,964 $ 21,240,810 Facilities Management $ 5,509,616 $ 4,255,620 Regulatory Services - Program Direction and Support $ 576,110 $ 566,110 Child Care Licensing $ 2,877,638 $ 2,752,638 Health Care Facilities Regulation $ 10,290,048 $ 4,587,256 Fraud and Abuse $ 6,435,216 $ 2,317,156 Financial Services $ 8,470,765 $ 6,645,750 Auditing Services $ 1,888,006 $ 1,888,006 Personnel Administration $ 3,492,190 $ 3,492,190 Indirect Cost $ 0 $ (9,965,749) Policy and Government Services $ 1,179,800 $ 1,179,800 Aging Services $ 60,596,067 $ 31,236,126 State Health Planning Agency $ 1,804,142 $ 1,724,142 DD Council $ 1,657,353 $ 49,164 Total $ 197,942,570 $ 116,701,261

Page 42

2 . Public Health Budget : Personal Services $ 48,755,563 Regular Operating Expenses $ 74,476,798 Travel $ 802,414 Motor Vehicle Purchases $ 0 Equipment $ 195,367 Real Estate Rentals $ 1,413,650 Per Diem, Fees and Contracts $ 4,313,697 Computer Charges $ 1,682,597 Telecommunications $ 1,218,661 Special Purpose Contracts $ 280,732 Purchase of Service Contracts $ 15,023,765 Grant-In-Aid to Counties $ 132,073,686 Institutional Repairs and Maintenance $ 34,500 Postage $ 106,097 Medical Benefits $ 4,580,555 Total Funds Budgeted $ 284,958,082 Indirect DOAS Services Funding $ 549,718 State Funds Budgeted $ 154,895,867 Departmental Functional Budgets Total Funds State Funds District Health Administration $ 12,801,257 $ 12,671,582 Newborn Follow-Up Care $ 1,375,269 $ 1,160,438 Oral Health $ 1,573,141 $ 1,250,966 Stroke and Heart Attack Prevention $ 2,292,312 $ 1,179,700 Sickle Cell, Vision and Hearing $ 4,342,592 $ 3,568,773 High-Risk Pregnant Women and Infants $ 5,246,146 $ 5,134,146 Sexually Transmitted Diseases $ 2,494,184 $ 494,026 Family Planning $ 10,881,359 $ 5,854,042 Women, Infants and Children Nutrition $ 83,435,710 $ 0 Grant in Aid to Counties $ 68,422,827 $ 67,292,789 Children's Medical Services $ 13,258,839 $ 6,482,532 Emergency Health $ 3,256,364 $ 1,907,651 Primary Health Care $ 1,467,688 $ 1,364,601 Epidemiology $ 697,961 $ 442,425 Immunization $ 1,043,235 $ 0 Community Tuberculosis Control $ 6,165,832 $ 4,717,392 Family Health Management $ 863,506 $ 685,576 Infant and Child Health $ 1,190,809 $ 710,584 Maternal Health - Perinatal $ 2,523,376 $ 1,080,501 Chronic Disease $ 376,294 $ 376,294 Diabetes $ 569,046 $ 569,046 Cancer Control $ 4,974,431 $ 4,974,431 Director's Office $ 1,328,484 $ 1,074,293 Injury Control $ 357,718 $ 206,580 Health Program Management $ 263,191 $ 263,191 Vital Records $ 2,025,699 $ 1,779,342 Health Services Research $ 2,736,633 $ 2,513,815 Environmental Health $ 1,400,306 $ 888,433 Laboratory Services $ 6,358,148 $ 6,088,148 Community Health Management $ 278,580 $ 278,580 AIDS $ 9,458,842 $ 5,248,958 Vaccines $ 7,843,045 $ 0 Drug and Clinic Supplies $ 3,286,750 $ 2,530,130 Adolescent Health $ 7,167,155 $ 2,743,551 Public Health - Planning Councils $ 177,138 $ 159,641 Early Intervention $ 13,024,215 $ 10,739,428 Public Health - Division Indirect Cost $ 0 $ (1,535,718) Total $ 284,958,082 $ 154,895,867 3 . Rehabilitation Services Budget : Personal Services $ 80,070,234 Regular Operating Expenses $ 11,635,180 Travel $ 1,402,054 Motor Vehicle Purchases $ 50,582 Equipment $ 751,574 Real Estate Rentals $ 4,117,555 Per Diem, Fees and Contracts $ 7,855,273 Computer Charges $ 2,990,069 Telecommunications $ 2,043,183 Case Services $ 29,330,191 Special Purpose Contracts $ 730,245 Purchase of Services Contracts $ 11,556,562 Institutional Repairs and Maintenance $ 255,000 Utilities $ 859,650 Postage $ 823,675 Total Funds Budgeted $ 154,471,027 Indirect DOAS Services Funding $ 100,000 State Funds Budgeted $ 24,012,698 Departmental Functional Budgets Total Funds State Funds Vocational Rehabilitation Services $ 61,115,620 $ 12,024,237 Independent Living $ 763,949 $ 328,969 Employability Services $ 566,005 $ 566,005 Community Facilities $ 10,140,272 $ 3,585,422 Program Direction and Support $ 4,081,230 $ 1,237,275 Grants Management $ 694,540 $ 694,540 Disability Adjudication $ 38,737,780 $ 0 Georgia Factory for Blind $ 12,600,070 $ 867,699 Roosevelt Warm Springs Institute $ 25,771,561 $ 4,708,551 Total $ 154,471,027 $ 24,012,698 4 . Family and Children Services Budget : Personal Services $ 46,034,209 Regular Operating Expenses $ 4,654,700 Travel $ 1,139,360 Motor Vehicle Purchases $ 0 Equipment $ 383,289 Real Estate Rentals $ 3,722,619 Per Diem, Fees and Contracts $ 23,986,982 Computer Charges $ 29,594,569 Telecommunications $ 10,099,417 Children's Trust Fund $ 3,286,607 Cash Benefits $ 306,399,952 Special Purpose Contracts $ 6,579,933 Service Benefits for Children $ 233,807,247 Purchase of Service Contracts $ 27,366,239 Postage $ 2,774,054 Grants to County DFACS - Operations $ 312,672,138 Total Funds Budgeted $ 1,012,501,315 Indirect DOAS Services Funding $ 2,565,582 State Funds Budgeted $ 357,215,947 Departmental Functional Budgets Total Funds State Funds Director's Office $ 513,508 $ 513,508 Social Services $ 3,623,110 $ 3,125,801 Administrative Support $ 3,284,424 $ 3,024,181 Quality Assurance $ 3,927,362 $ 3,927,362 Community Services $ 10,824,372 $ 543,999 Field Management $ 1,076,242 $ 1,076,242 Human Resources Management $ 2,704,799 $ 1,699,008 Public Assistance $ 30,788,253 $ 13,048,816 Employment Services $ 1,475,648 $ 1,475,648 Child Support Recovery $ 70,691,121 $ 11,335,403 Temporary Assistance for Needy Families $ 296,109,390 $ 68,100,070 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 $ 117,561,676 $ 58,036,963 County DFACS Operations - Social Services $ 96,752,523 $ 36,560,073 Food Stamp Issuance $ 3,190,752 $ 0 County DFACS Operations - Homemakers Services $ 8,333,523 $ 2,269,294 County DFACS Operations - Joint and Administration $ 68,037,925 $ 33,652,572 County DFACS Operations - Employability Program $ 21,986,491 $ 8,203,841 Employability Benefits $ 40,557,515 $ 16,161,742 Legal Services $ 4,290,503 $ 2,520,990 Family Foster Care $ 31,595,512 $ 20,022,962 Institutional Foster Care $ 9,900,790 $ 7,289,407 Specialized Foster Care $ 5,146,142 $ 4,298,815 Adoption Supplement $ 17,361,167 $ 13,279,408 Prevention of Foster Care $ 11,544,785 $ 9,718,081 Day Care $ 133,320,622 $ 38,486,937 Special Projects $ 3,471,991 $ 3,407,759 Children's Trust Fund $ 3,286,607 $ 3,286,607 Indirect Cost $ 0 $ (8,971,554) Total $ 1,012,501,315 $ 357,215,947 5 . Community Mental Health/Mental Retardation and Institutions : Personal Services $329,892,657 Operating Expenses $ 57,247,113 Motor Vehicle Equipment Purchases $ 200,000 Utilities $ 11,532,133 Major Maintenance and Construction $ 2,127,790 Community Services $ 301,944,168 Total Funds Budgeted $ 702,943,861 Indirect DOAS Services Funding $ 2,404,100 State Funds Budgeted $ 509,122,836 Departmental Functional Budgets Total Funds State Funds Southwestern State Hospital $ 40,137,188 $ 24,993,159 Brook Run $ 24,432,255 $ 7,594,141 Georgia Mental Health Institute $ 23,366,723 $ 21,448,921 Georgia Regional Hospital at Augusta $ 18,512,863 $ 16,625,971 Northwest Regional Hospital at Rome $ 25,479,493 $ 18,414,834 Georgia Regional Hospital at Atlanta $ 29,806,305 $ 25,124,023 Central State Hospital $ 123,988,361 $ 81,561,732 Georgia Regional Hospital at Savannah $ 18,835,886 $ 17,154,565 Gracewood State School and Hospital $ 53,299,515 $ 23,487,815 West Central Regional Hospital $ 19,658,931 $ 16,872,692 Outdoor Therapeutic Programs $ 4,054,089 $ 3,145,154 Metro Drug Abuse Centers $ 1,001,456 $ 940,302 Community Mental Health Services $ 151,806,959 $ 145,875,828 Community Mental Retardation Services $ 92,677,616 $ 61,505,137 Community Substance Abuse Services $ 60,650,585 $ 33,552,905 State Administration $ 10,222,668 $ 6,336,746 Regional Administration $ 5,012,968 $ 4,488,911 Total $ 702,943,861 $ 509,122,836 Budget Unit Object Classes: Personal Services $ 564,802,505 Regular Operating Expenses $ 93,199,869 Travel $ 4,866,019 Motor Vehicle Purchases $ 1,824,260 Equipment $ 1,436,360 Real Estate Rentals $ 14,032,475 Per Diem, Fees and Contracts $ 43,224,123 Computer Charges $ 41,382,918 Telecommunications $ 14,229,208 Operating Expenses $ 57,247,113 Major Maintenance and Construction $ 2,127,790 Community Services $ 301,944,168 Case Services $ 29,330,191 Children's Trust Fund $ 3,286,607 Cash Benefits $ 306,399,952 Special Purpose Contracts $ 7,899,910 Service Benefits for Children $ 280,293,636 Purchase of Service Contracts $ 99,438,081 Grant-In-Aid to Counties $ 132,073,686 Institutional Repairs and Maintenance $ 378,714 Utilities $ 12,391,783 Postage $ 4,627,278 Payments to DMA-Community Care $ 18,199,615 Grants to County DFACS - Operations $ 313,600,039 Medical Benefits 4,580,555 Section 16. Department of Industry, Trade and Tourism. Budget Unit: Department of Industry, Trade and Tourism $ 20,409,594 Personal Services $ 10,139,980 Regular Operating Expenses $ 1,578,726 Travel $ 387,465 Motor Vehicle Purchases $ 16,200 Equipment $ 64,757 Computer Charges $ 199,780 Real Estate Rentals $ 850,559 Telecommunications $ 335,700 Per Diem, Fees and Contracts $ 1,284,638 Local Welcome Center Contracts $ 241,600 Marketing $ 5,486,189 Georgia Ports Authority Lease Rentals $ 0 Foreign Currency Reserve $ 0 Waterway Development in Georgia $ 50,000 Lanier Regional Watershed Commission $ 0 Total Funds Budgeted $ 20,635,594 State Funds Budgeted $ 20,409,594 Departmental Functional Budgets Total Funds State Funds Administration $ 8,077,323 $ 8,077,323 Economic Development $ 3,721,258 $ 3,721,258 Trade $ 1,608,625 $ 1,608,625 Tourism $ 5,427,716 $ 5,201,716 Georgia Legacy $ 1,175,385 $ 1,175,385 Strategic Planning $ 625,287 $ 625,287 Total $ 20,635,594 $ 20,409,594 Section 17. 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

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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 Section 18. Department of Juvenile Justice. Budget Unit: Department of Juvenile Justice 185,488,692 Personal Services $ 109,663,916 Regular Operating Expenses $ 12,253,528 Travel $ 1,211,064 Motor Vehicle Purchases $ 128,000 Equipment $ 536,127 Computer Changes $ 474,855 Real Estate Rentals $ 1,884,885 Telecommunications $ 1,246,258 Per Diem, Fees and Contracts $ 6,467,027 Utilities $ 3,418,520 Institutional Repairs and Maintenance $ 693,989 Grants to County-Owned Detention Centers $ 2,969,866 Service Benefits for Children $ 18,607,910 Purchase of Service Contracts $ 22,436,608 Health Services Purchases $ 0 Capital Outlay $ 8,997,601 Total Funds Budgeted $ 190,990,154 State Funds Budgeted $ 185,488,692 Departmental Functional Budgets Total Funds State Funds Regional Youth Development Centers $ 44,064,614 $ 42,903,805 Bill Ireland YDC $ 16,845,327 $ 16,181,815 Augusta State YDC $ 11,846,291 $ 11,339,861 Lorenzo Benn YDC $ 6,958,284 $ 6,718,800 Macon State YDC $ 6,080,217 $ 5,792,658 Wrightsville YDC $ 6,15,783,704 $ 15,115,614 YDC Purchased Services $ 21,422,609 $ 20,781,768 Eastman YDC $ 9,371,761 $ 9,144,761 Court Services $ 19,893,065 $ 19,737,213 Day Centers $ 493,281 $ 493,281 Group Homes $ 1,114,257 $ 1,114,257 CYS Purchased Services 21,095,774 $ 20,233,889 Georgia Addiction Pregnancy and Parenting Project $ 50,000 $ 50,000 Law Enforcement Office $ 1,766,287 $ 1,766,287 Assessment and Classification $ 551,431 $ 551,431 Multi-Service Centers $ 3,916,725 $ 3,826,725 Youth Services Administration $ 9,736,527 $ 9,736,527 Total $ 190,990,154 $ 185,488,692 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 $ 13,274,252 Personal Services $ 12,272,365 Regular Operating Expenses $ 718,135 Travel $ 179,322 Motor Vehicle Purchases $ 0 Equipment $ 27,686 Computer Charges $ 311,601 Real Estate Rentals $ 826,548 Telecommunications $ 140,424 Per Diem, Fees and Contracts $ 260,000 Books for State Library $ 147,000 Total Funds Budgeted $ 14,883,081 State Funds Budgeted $ 13,274,252 Section 21. Department of Medical Assistance. A . Budget Unit: Medicaid Services $ 1,180,146,808 Personal Services $ 17,102,396 Regular Operating Expenses $ 5,814,019 Travel $ 188,400 Motor Vehicle Purchases $ 0 Equipment $ 51,500 Computer Charges $ 42,878,090 Real Estate Rentals $ 765,380 Telecommunications $ 525,000 Per Diem, Fees and Contracts $ 99,734,768 Medicaid Benefits, Penalties and Disallowances $ 3,201,653,862 Audit Contracts $ 772,500 Total Funds Budgeted $ 3,369,485,915 State Funds Budgeted $ 1,180,146,808 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 1,823,493 $ 871,641 Benefits, Penalties and Disallowances $ 3,201,653,862 $ 1,135,032,597 Systems Management $ 50,348,074 $ 11,527,182 Indemnity Chronic Care $ 2,314,233 $ 870,497 Reimbursement Services $ 9,380,394 $ 3,613,357 Indemnity Acute Care $ 3,854,589 $ 1,654,454 Legal and Regulatory $ 5,466,700 $ 2,733,350 Managed Care $ 4,938,853 $ 2,354,050 General Administration $ 89,705,717 $ 21,489,680 Total $ 3,369,485,915 $ 1,180,146,808 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 $ 300,000 Personal Services $ 9,209,855 Regular Operating Expenses $ 2,498,301 Travel $ 111,100 Equipment $ 41,453 Real Estate Rents $ 866,109 Per Diem, Fees and Contracts $ 191,288,143 Computer Charges $ 3,412,707 Telecommunications $ 445,820 Health Insurance Payments $ 890,662,994 Total Funds Budgeted $ 1,098,536,482 Other Agency Funds $ 1,162,915 Agency Assessments $ 11,153,613 Employee and Employer Contributions $ 1,085,568,416 Deferred Compensation $ 351,538 State Funds Budgeted $ 300,000 Departmental Functional Budgets Total Funds State Funds Executive Office $ 3,294,263 $ 300,000 Human Resource Administration $ 5,665,972 $ 0 Employee Benefits $ 1,085,764,200 $ 0 Internal Administration $ 3,812,047 $ 0 Personnel Practices Evaluation Audits $ 0 $ 0 Total $ 1,098,536,482 $ 300,000 Section 23. Department of Natural Resources. A . Budget Unit: Department of Natural Resources $ 103,310,384 Personal Services $ 74,179,877 Regular Operating Expenses $ 13,933,169 Travel $ 582,059 Motor Vehicle Purchases $ 1,446,520 Equipment $ 2,004,467 Real Estate Rentals $ 2,378,593 Per Diem, Fees and Contracts $ 12,763,682 Computer Charges $ 2,972,182 Telecommunications $ 1,273,250 Authority Lease Rentals $ 98,600 Advertising and Promotion $ 675,000 Cost of Material for Resale $ 1,693,217 Capital Outlay : New Construction $ 1,188,810 Repairs and Maintenance $ 3,088,000 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 Recreation $ 1,000,000 Chattahoochee River Basin Grants $ 0 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 $ 140,508,190 Receipts from Jekyll Island State Park Authority $ 890,073 Receipts from Stone Mountain Memorial Association $ 2,122,585 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 $ 103,310,384 Departmental Functional Budgets Total Funds State Funds Commissioner's Office $ 4,885,828 $ 4,870,828 Program Support $ 2,962,334 $ 2,962,334 Historic Preservation $ 2,786,243 $ 2,296,243 Parks, Recreation and Historic Sites $ 39,683,455 $ 18,002,341 Coastal Resources $ 2,224,298 $ 2,099,580 Wildlife Resources $ 36,817,147 $ 31,715,356 Environmental Protection $ 50,123,138 $ 40,337,955 Pollution Prevention Assistance $ 1,025,747 $ 1,025,747 Total $ 140,508,190 $ 103,310,384 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 $ 100,628,816 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 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 $ 50,000 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 $ 2,961,134 Total Funds Budgeted $ 23,225,993 Indirect DOAS Service Funding $ 0 State Funds Budgeted $ 23,225,993 Departmental Functional Budgets Total Funds State Funds Administration $ 19,334,349 $ 17,834,349 Driver Services $ 23,225,993 $ 23,225,993 Field Operations $ 59,718,474 $ 59,568,474 Total $ 102,278,816 $ 100,628,816 B . Budget Unit: Units Attached for Administrative Purposes Only $ 14,162,878 Attached Units Budget : Personal Services $ 8,147,049 Regular Operating Expenses $ 2,608,334 Travel $ 97,663 Motor Vehicle Purchases $ 0 Equipment $ 217,303 Computer Charges $ 153,819 Real Estate Rentals $ 154,997 Telecommunications $ 172,113 Per Diem, Fees and Contracts $ 524,390 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 $ 575,000 Employer Contributions $ 14,535,000 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 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

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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 $ 1,301,019,052 Personal Services: Educ., Gen., and Dept. Svcs $ 1,346,731,158 Sponsored Operations $ 204,900,000 Operating Expenses: Educ., Gen., and Dept. Svcs $ 333,095,456 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 $ 48,453,064 Capital Outlay $ 5,439,000 Total Funds Budgeted $ 2,107,050,418 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 $ 1,301,019,052 B . Budget Unit: Regents Central Office and Other Organized Activities $ 183,568,855 Personal Services: Educ., Gen., and Dept. Svcs $ 278,772,057 Sponsored Operations $ 70,533,799 Operating Expenses: Educ., Gen., and Dept. Svcs $ 128,847,146 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 $ 6,494,890 Capital Outlay $ 0 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 $ 17,415,057 Total Funds Budgeted $ 585,722,361 Departmental Income $ 0 Sponsored Income $ 120,300,272 Other Funds $ 281,309,734 Indirect DOAS Services Funding $ 543,500 State Funds Budgeted $ 183,568,855 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 $ 4,929,365 $ 1,697,372 Marine Institute $ 1,568,456 $ 1,005,675 Georgia Tech Research Institute $ 107,087,281 $ 9,211,977 Education Extension Services $ 14,189,218 $ 7,061,177 Agricultural Experiment Station $ 69,322,582 $ 40,136,393 Cooperative Extension Service $ 55,926,738 $ 32,518,352 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 $ 25,427,456 $ 25,427,456 Georgia Radiation Therapy Center $ 3,413,908 $ 0 Athens and Tifton Veterinary Laboratories $ 3,491,531 $ 137,561 Regents Central Office $ 27,892,163 $ 27,785,314 Total $ 585,722,361 $ 183,568,855 C . Budget Unit: Georgia Public Telecommunications Commission $ 0 Personal Services $ 9,906,134 Operating Expenses $ 20,071,586 Total Funds Budgeted $ 29,977,720 Other Funds $ 29,977,720 State Funds Budgeted $ 0 D . Budget Unit: Lottery for Education $ 35,054,422 Equipment, Technology and Construction Trust Fund $ 15,000,000 Georgia Public Telecommunications Commission $ 1,500,000 Internet Connection Initiative $ 6,454,422 Special Funding Initiatives $ 12,100,000 Total Funds Budgeted $ 35,054,422 Lottery Funds Budgeted $ 35,054,422 Section 28. Department of Revenue. Budget Unit: Department of Revenue $ 103,880,873 Personal Services $ 60,489,292 Regular Operating Expenses $ 5,221,372 Travel $ 1,366,540 Motor Vehicle Purchases $ 120,000 Equipment $ 410,048 Computer Charges $ 12,600,530 Real Estate Rentals $ 2,886,194 Telecommunications $ 2,711,370 Per Diem, Fees and Contracts $ 1,250,237 County Tax Officials/Retirement and FICA $ 4,172,795 Grants to Counties/Appraisal Staff $ 0 Motor Vehicle Tags and Decals $ 2,642,850 Postage $ 3,506,810 Investment for Modernization $ 11,881,290 Total Funds Budgeted $ 109,259,328 Indirect DOAS Services Funding $ 3,845,000 State Funds Budgeted $ 103,880,873 Departmental Functional Budgets Total Funds State Funds Departmental Administration $ 19,736,656 $ 19,736,656 Internal Administration $ 11,643,171 $ 11,493,171 Electronic Data Processing $ 11,635,054 $ 10,619,854 Field Services $ 16,553,073 $ 16,413,073 Income Tax Unit $ 8,174,335 $ 7,874,335 Motor Vehicle Unit $ 17,583,288 $ 16,283,288 Central Audit Unit $ 8,187,047 $ 8,187,047 Property Tax Unit $ 4,959,156 $ 3,225,701 Sales Tax Unit $ 4,021,076 $ 3,921,076 State Board of Equalization $ 23,103 $ 23,103 Taxpayer Accounting $ 4,204,944 $ 3,565,144 Alcohol and Tobacco $ 2,538,425 $ 2,538,425 Total $ 109,259,328 $ 103,880,873 Section 29. Secretary of State. A . Budget Unit: Secretary of State $ 28,787,000 Personal Services $ 17,742,115 Regular Operating Expenses $ 3,156,655 Travel $ 239,500 Motor Vehicle Purchases $ 175,019 Equipment $ 89,990 Computer Charges $ 2,789,487 Real Estate Rentals $ 2,402,255 Telecommunications $ 845,850 Per Diem, Fees and Contracts $ 1,726,594 Election Expenses $ 664,535 Total Funds Budgeted $ 29,832,000 State Funds Budgeted $ 28,787,000 Departmental Functional Budgets Total Funds State Funds Internal Administration $ 3,569,578 $ 3,539,578 Archives and Records $ 4,822,902 $ 4,747,902 Business Services and Regulation $ 4,553,807 $ 3,783,807 Elections and Campaign Disclosure $ 4,629,248 $ 4,609,248 Drugs and Narcotics $ 1,235,085 $ 1,235,085 State Ethics Commission $ 387,907 $ 387,907 State Examining Boards $ 10,532,499 $ 10,382,499 Holocaust Commission $ 100,974 $ 100,974 Total $ 29,832,000 $ 28,787,000 B . Budget Unit: Real Estate Commission $ 2,235,046 Personal Services $ 1,344,466 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

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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 $ 241,858 Travel $ 38,568 Motor Vehicle Purchases $ 13,078 Equipment $ 11,669 Computer Charges $ 45,776 Real Estate Rentals $ 106,062 Telecommunications $ 36,576 Per Diem, Fees and Contracts $ 549,905 County Conservation Grants $ 174,418 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 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

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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 $ 203,895,380 HOPE Financial Aid - Tuition $ 95,910,165 HOPE Financial Aid - Books $ 26,643,606 HOPE Financial Aid - Fees $ 20,946,256 Tuition Equalization Grants $ 21,051,971 Hope Scholarships - Private Colleges $ 27,180,000 Georgia Military College Scholarship $ 640,200 LEPD Scholarship $ 249,736 Teacher Scholarships $ 9,800,000 Promise Scholarships $ 903,446 Engineer Scholarships $ 570,000 Total Funds Budgeted $ 203,895,380 Lottery Funds Budgeted $ 203,895,380 Section 32. Teachers' Retirement System. Budget Unit: Teachers' Retirement System $ 4,070,000 Personal Services $ 5,544,716 Regular Operating Expenses $ 378,425 Travel $ 20,500 Motor Vehicle Purchases $ 0 Equipment $ 14,300 Computer Charges $ 815,736 Real Estate Rentals $ 518,566 Telecommunications $ 190,302 Per Diem, Fees and Contracts $ 335,650 Retirement System Members $ 3,750,000 Floor Fund for Local Retirement Systems $ 320,000 Total Funds Budgeted $ 11,888,195 State Funds Budgeted $ 4,070,000

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Section 33. Department of Technical and Adult Education. A. Budget Unit: Department of Technical and Adult Education $ 236,350,565 Personal Services $ 5,632,485 Rregular Operating Expenses $ 596,890 Travel $ 161,380 Motor Vehicle Purchases $ 0 Equipment $ 187,271 Real Estate Rentals $ 53,288 Per Diem, Fees and Contracts $ 794,575 Computer Charges $ 912,165 Telecommunications $ 129,033 Salaries and Travel of Public Librarians $ 14,458,836 Public Library Materials $ 16,098,788 Talking Book Centers $ 1,062,342 Public Library Maintenance and Operation $ 5,749,075 Capital Outlay $ 0 Personal Services-Institutions $ 172,937,986 Operating Expenses-Institutions $ 48,866,744 Area School Program $ 6,137,718 Adult Literacy Grants $ 18,962,976 Regents Program $ 3,584,407 Quick Start Program $ 10,030,398 Total Funds Budgeted $ 306,95,357 State Funds Budgeted $ 236, 350,565 Departmental Functional Budets Total Funds State Funds Administration $ 9,067,087 $ 5,983,437 Institutional Programs $ 297,889,270 $ 230,367,128 Total $ 306,956,357 $ 236,350,565 B. Budget Unit: Lottery for Education $ 5,441,500 Computer Laboratories and Satellite Dishes-Adult Literacy $ 1,040,000 Caputal 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

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Section 34. Department of Transportation. Budget Unit: Department of Transportation $ 606,922,083 Personal Services $ 252,148,343 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 $ 38,764,367 Capital Outlay $ 802,982,528 Capital Outlay - Airport Approach Aid and Operational Improvements $ 1,001,874 Capital Outlay - Airport Development $ 1,589,992 Special Airport Development Program $ 35,000,000 Mass Transit Grants $ 10,942,422 Harbor Maintenance/Intra-Coastal Waterways Maintenance and Operations $ 780,000 Contracts with the Georgia Rail Passenger Authority $ 4,550,000 Total Funds Budgeted $ 1,230,149,944 State Funds Budgeted $ 606,922,083 Departmental Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 886,176,749 $ 287,175,190 Maintenance and Betterments $ 244,240,628 $ 231,816,643 Facilities and Equipment $ 12,932,803 $ 12,372,803 Administration $ 29,093,905 $ 28,310,230 Total $ 1,172,444,085 $ 559,674,866 General Funds Budget Planning and Construction $ 0 $ 0 Air Transportation $ 1,871,114 $ 1,451,103 Inter-Modal Transfer Facilities $ 55,054,745 $ 45,016,114 Harbor/Intra-Coastal Waterways Activities $ 780,000 $ 780,000 Total $ 57,705,859 $ 47,247,217 Section 35. Department of Veterans Service. Budget Unit: Department of Veterans Service $ 20,481,548 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 Capital Outlay $ 686,260 Operating Expense/Payments to Medical College of Georgia $ 7,420,422 Regular Operating Expenses for Projects and Insurance $ 498,100 Total Funds Budgeted $ 28,730,884 State Funds Budgeted $ 20,481,548 Departmental Functional Budgets Total Funds State Funds Veterans Assistance $ 21,259,462 $ 15,548,518 Veterans Nursing Home-Augusta $ 7,471,422 $ 4,933,030 Total $ 28,730,884 $ 20,481,548 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 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) $ 535,020,426 Motor Fuel Tax Funds (Issued) $ 35,000,000 $ 570,020,426 B . Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) $ 26,104,602 Motor Fuel Tax Funds (New) $ 0 $ 26,104,602 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 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

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Court Judges, the Council of Probate Court Judges and the Council of State Court Judges. Section 39. Provisions Relative to Section 4, Department of Administrative Services . It is the intent of the General Assembly that all future purchases of radio and related equipment must be compatible with the 800 mhz system. Purchases must be approved by the Office of Planning and Budget and the Department of Administrative Services. Section 40. Provisions Relative to Section 7, Department of Community Affairs . Provided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Provided, that from the appropriation made above for Local Assistance Grants, specific, mandatory appropriations pursuant to O.C.G.A. 50-8-8(a) are made as follows: Recipient Purpose Amount City of Warner Robins Operating funds for the Aviation Museum $ 90,000 City of Atlanta Operation of the School of Library and Information Services Graduate Program Clark Atlanta University $ 325,000 Whitfield County Funds for Automated Fingerprint and Information System in Whitfield County $ 110,000 Richmond County Funds for Automated Fingerprint and Information System in Richmond County $ 110,000 Bibb County Funds for Automated Fingerprint and Information System in Bibb County $ 110,000 Muscogee County Funds for Automated Fingerprint and Information System in Muscogee County $ 110,000 Clark County Funds for Automated Fingerprint and Information System in Clark County $ 110,000 Fulton County Development Authority Funds for Fulton County Development Authority for a business assistance project $ 525,000 City of Albany Funds for the planning and design of the Flint River Center $ 1,447,727 Effingham County Board of Education Media Centers for Effingham County School Systems $ 40,000 Cobb County For Campbell High School athletic facility $ 5,000 Cobb County Computer equipment for King Springs Elementary $ 15,000 Cobb County Operation of the Blind and Low Vision Program $ 5,000 City of Lilburn Park improvements for the City of Lilburn $ 10,000 City of Jeffersonville Improvements to City of Jeffersonville facilities $ 20,000 Jones County Equipment for the Jones County Fire Department $ 20,000 Jefferson County Purchase computers for Jefferson County Sheriff's Department $ 20,000 DeKalb County Operating funds for South East YMCA $ 30,000 Fulton County Operation of St. Judes Recovery Center $ 25,000 City of Quitman Improvements to City of Quitman City Park $ 30,000 Echols County Board of Education Repairs to Echols County High School gymnasium $ 20,000 City of Kennesaw Improvements to baseball stadium in City of Kennesaw $ 20,000 City of Pearson Improvements to City of Pearson recreational facilities $ 7,500 City of Willacoochee Improvements to Willacoochee City Hall $ 7,500 City of Clarkston Repairs to Clarkston City Hall $ 10,000 City of Warner Robins Mission Quest Flight Simulator Center at the Museum of Aviation $ 450,000 Tattnall County Board of Education Operation of Tattnall County Health Outreach Program $ 10,000 Pike County Construction of tennis courts for Pike County $ 25,000 Newton County Purchase recreation equipment for Newton County $ 5,000 Fulton County Operation of Fulton County Horticulture Program $ 10,000 DeKalb County Board of Education Operation of Forest Hills Elementary School after school program $ 3,000 DeKalb County Operation of Midway Park Little League Program $ 3,000 DeKalb County Operation of The Arts Exchange Summer Camp $ 4,000 DeKalb County Operation of the South DeKalb Choir $ 5,000 Murray County Construction of Murray County Animal Shelter $ 15,000 Columbia County Operation of Columbia County Historical Society $ 7,500 McDuffie County Operation of McDuffie County Historical Society $ 7,500 Henry County Paving for Hidden Valley Park $ 5,000 Atlanta-Fulton Public Library Foundation Purchase computer equipment and materials for Roswell Regional Library $ 20,000 Dekalb County Operation of Youth Prevention Program $ 5,000 Gwinnett County Construction of Fallen Heroes Park Monument $ 25,000 Troup County Operation of Troup - Harris - Coweta Regional Library $ 5,000 Coweta County Coweta County playground equipment for handicapped children $ 5,000 City of Tignall Purchase fire department equipment for City of Tignall $ 5,000 Fulton County Operation of Fulton County Library Foundation - Roswell $ 20,000 Hall County Operation of Hall County Humane Society $ 5,000 Cobb County Board of Education Outdoor classroom for Cobb County School System $ 15,000 Bacon County Operation of Bacon County Airport $ 5,000 City of Tybee Tybee Island Lighthouse $ 5,000 City of Berlin Operating expenses for the City of Berlin $ 5,000 Macon County For the Macon County Public Safety and Civil Defense Facility $ 7,000 Gwinnett County Board of Education Equipment for Meadowcreek High School $ 25,000 Wilkes County Purchase equipment for Wilkes County EMS $ 5,000 Clarke County Operation of the Athens-Clarke County after school program $ 20,000 City of Dalton Operation of the Northwest Georgia Girls Home $ 30,000 Cobb County Construct physical education facility at Pebblebrook High School $ 35,000 City of Kennesaw Renovation of Old Fire Station into recreational facility $ 10,000 City of Acworth Renovation of Acworth Coats and Clark Ballfield $ 10,000 Wilkes County Wilkes County Airport Development $ 35,250 Cobb County Board of Education Construction of South Cobb High School Athletic Field House $ 75,000 City of Hazelhurst Construct an asphalt recycling plant in Hazelhurst $ 250,000 City of Augusta Plan and design of the renovation of the Warren A. Candler Building $ 950,000 Lamar County Construct an agricultural livestock facility $ 300,000 City of Trenton Renovation to convert Trenton City pool to indoor pool $ 10,000 City of Lafayette Construction of bathroom facilities and recreation improvements for City of Lafayette recreation department $ 15,000 Walker County Renovation to ball fields for Naomi Community $ 10,000 Walker County Wallaceville Community Center operations $ 10,000 City of Chickamauga Renovation of park at Crawfish Springs $ 10,000 City of Fort Oglethorpe Fort Oglethorpe fire department improvements and community downtown project $ 10,000 Murray County Remodeling of the Chamber of Commerce Building in City of Chatsworth $ 25,000 Lumpkin County Construction of natural gas lines to Lumpkin County Industrial Park $ 20,000 Gilmer County Restore and microfilm Gilmer County court records $ 25,000 Fannin County Renovate Fannin/Gilmer County Humane Shelter $ 10,000 Rabun County Equipment and operations for Mountain City, Youth and Rescue $ 50,000 Union County Recreation concession stand for Union County $ 15,000 Towns County To purchase an emergency generator for Towns County $ 14,000 White County Operation of White County Recreation Board $ 17,500 White County Operation of White County Library $ 6,500 City of Fairmont To purchase frontend loader for City of Fairmont $ 24,000 Gordon County Purchase of van for transport of clients to Gordon County Training Center $ 26,000 Gordon County Calhoun-Gordon County Council on Battered Women, Inc. for repairs and ADA improvements to Battered Women's Shelter $ 10,000 City of Adairsville Renovations and repairs to the City of Adairsville Police Department $ 25,000 City of Cave Spring Replacement of Cave Spring sewer lines and repairs to water system in Rolator Park $ 50,000 City of Bremen Operation of recreation program at City of Bremen $ 15,000 City of Buchanan Operation of recreation program at City of Buchanan $ 15,000 City of Tallapoosa Operation of recreation program at City of Tallapoosa $ 15,000 City of Waco Operation of recreation program at City of Waco $ 15,000 Haralson County Operation of recreation program at Haralson County $ 15,000 Hall County Construction of new shelter for Hall County Humane Society $ 50,000 Stephens County Operation of Northeast Georgia Boys and Girls Club $ 5,000 City of Toccoa Equipment for Police Department for City of Toccoa $ 15,000 Banks County Operation/equipment for Banks County volunteer fire department $ 10,000 Stephens County Equipment for fire, recreation and sheriffs departments of Stephens County $ 30,000 City of Bowersville Operation of water system for City of Bowersville $ 10,000 City of Franklin Springs Improvements to City of Franklin Springs water system $ 20,000 City of Canon City of Canon park improvements $ 20,000 Hart County Board of Education Purchase of uniforms and equipment for Hart County High School band $ 20,000 Franklin County Board of Education Replacement of boiler and equipment for cannery in Franklin County $ 5,000 City of Kingston Completion of annex to Kingston Women's Club Museum $ 25,000 City of Smyrna City of Smyrna for operation of blind/low vision services $ 10,000 Cobb County Board of Education King Springs Elementary School-purchase computer and technology equipment $ 15,000 City of Smyrna Restoration and preservation of historical site in Smyrna $ 25,000 Cobb County Operation of Cobb County Youth Museum $ 25,000 City of Marietta Marietta Museum of History-repairs to historical building $ 10,000 City of Marietta Maintenance plan for grounds at Marietta Confederate Cemetery $ 25,000 City of Acworth For recreation fields and parking lots at Pop Willis Field in City of Acworth $ 25,000 City of Kennesaw Improvements to railroad crossings in City of Kennesaw $ 9,000 City of Kennesaw Design and renovation of Old Kennesaw Elementary School $ 20,000 Cobb County Board of Education Construction of outdoor classroom for Blackwell Elementary School $ 10,000 Cobb County Board of Education Purchase computers for Sprayberry High School $ 10,000 Cobb County Board of Education Lassiter High School-improvements to restroom facilities in stadium and physical education fields $ 10,000 Cobb County Board of Education Additional lighting in hallways and gym for Daniell Middle School $ 10,000 Cobb County Board of Education Paving at Lassiter High School stadium and girls' softball field $ 10,000 City of Alpharetta Construction of a building for the Alpharetta Environmental Education Cente $ 25,000 City of Alpharetta Equipment and renovations for Alpharetta Police Youth Athletic League $ 10,000 Fulton County Schools Renovation and improvements to outdoor environmental education classrooms at Dolvin and Finley Oaks elementary scools $ 15,000 Fulton County Expansion and renovation of Williams- Payne Museum $ 15,000 Fulton County Operation of Georgia Council for the Hearing Impaired, Inc. $ 10,000 Fulton County Operation of ACHOR Center $ 50,000 City of Atlanta Operation of Basketball, Inc. after school tutorial program $ 40,000 City of Atlanta Operation of West Hunter St. Baptist Church after school tutoial and athletics program $ 25,000 City of Atlanta To operate Beulah Baptist Church Saturday School Tutorial $ 10,000 City of Atlanta Renovation of House of Hope Mission $ 40,000 City of Atlanta Operation of Springs of Life Program $ 35,000 City of East Point To operate City East Point swimming pool $ 50,000 DeKalb County Repair of storm water pipes at Zonolite Drive Industrial Park $ 20,000 City of Clarkston Renovation of Arts and Cultural Center at Old Clarkston High School $ 35,000 City of Atlanta Renovate facilities, purchase recreation equipment and operate after school tutorial/care at East Atlanta YMCA $ 50,000 DeKalb County Repairs for Shoal Creek Park field house and installation of bleachers at Little League Park $ 18,000 DeKalb County To assist various DeKalb County communities with beautification clean up $ 15,000 DeKalb County Board of Education To operate the School of Excellence-Star Jacket Awards Program and replace old gym equipment at Columbia High School $ 5,000 DeKalb County Board of Education Purchase of instruments for Towers High School Band $ 5,000 City of Decatur To operate Decatur Arts Academy summer programs for middle school youth $ 10,000 DeKalb County Feasibility study for Dekalb County Convention Center $ 40,000 DeKalb County Operations of South DeKalb Community Development Corporation $ 5,000 DeKalb County To operate and equip the Royal Ambassadors Program $ 5,000 DeKalb County Operations of Gresham Park Baseball and Softball Association $ 25,000 DeKalb County To furnish the Comprehensive Addiction Rehabilitation Program medical clinic $ 5,000 Gwinnett County Board of Education Renovation and expansion of Parkview High School Stadium $ 35,000 Gwinnett County Board of Education Operations of Meadowbrook High School athletic fields $ 25,000 City of Duluth Develop and complete recreational fields at Duluth City Park $ 40,000 City of Buford Grading for new school in City of Buford $ 20,000 Gwinnett County Physical education facilities at Lanier Middle School $ 15,000 Gwinnett County Operations of North Gwinnett Girls' Softball Field $ 25,000 City of Social Circle Renovation at historic Gunter Hall $ 7,000 Clarke County Board of Education Operations of Safe Campuses Now $ 40,000 Clarke County Board of Education Foreign language classes at David C. Barrow Elementary School $ 25,000 Clarke County To provide a security fence at Hope Haven facility in Clarke County $ 12,000 City of Athens To operate Project Grand Slam in Clarke County $ 5,000 Clarke County Athens Tutorial Program after school activity $ 15,000 Clarke County Operations of The Creative Visions Foundation, Inc $ 10,000 City of Tignall Repair/renovation of City of Tignall community center $ 5,000 Lincoln County Fence/restoration of log cabin in Lincoln County historical park $ 15,000 Wilkes County Board of Education Lighting for Wilkes County High School baseball field $ 20,000 Lincoln County Planning for Lincoln County Economic Development $ 20,000 Morgan County Operation of Agricultural Center in Morgan County $ 100,000 Newton County Renovation to historic Gaither Plantation $ 50,000 Newton County Playground equipment for Newton County $ 5,000 Clayton County Board of Education Operating funds for athletic program at Riverdale Middle School $ 5,000 Clayton County Board of Education To purchase band uniforms at North Clayton High School $ 10,000 Clayton County Board of Education Playground equipment for Church St Elementary School $ 5,000 Clayton County Board of Education Playground equipment-Northcutt Elementary School $ 5,000 Clayton County Board of Education Operating funds for athletic program and band uniforms for Riverdale High School $ 10,000 Clayton County Board of Education Playground equipment-E. W. Oliver Elementary $ 5,000 Clayton County Board of Education Operating funds for athletic program-North Clayton High School $ 10,000 Clayton County Board of Education Playground equipment for West Clayton Elementary School $ 5,000 Clayton County Board of Education Playground equipment for Riverdale Elementary School $ 5,000 Clayton County Board of Education Operating funds for athletic program at North Clayton Middle School $ 5,000 Clayton County Operations of Alzheimers home in Clayton County $ 75,000 Clayton County Operations of Calvary Refuge Homeless Shelter $ 25,000 Carroll County Board of Education Operations of athletic complex at Villa Rica High School $ 10,000 Carroll County Board of Education Operations of athletic complex at Mt. Zion High School $ 10,000 Carroll County Operations of athletic complex at Carroll County Recreation Department $ 25,000 Coweta County Purchase of eight defibrillators for Coweta County Fire Department $ 20,000 City of Newnan To restore railroad depot for Newnan-Coweta Historical Society $ 10,000 City of McDonough Infrastructure improvements for stormwater drainage for City of McDonough $ 10,000 Henry County Lighting and asphalt paving on tennis courts at Hidden Valley Park $ 10,000 City of Stockbridge New park facility for City of Stockbridge $ 10,000 Butts County Purchase video cameras and radar for Butts County sheriff department $ 14,500 City of Flovilla Install emergency generator in City of Flovilla Fire Department $ 20,000 City of Locust Grove Purchase in-car cameras for patrol cars for City of Locust Grove $ 24,000 City of Culloden Culloden community center/historic schoolhouse renovation $ 25,000 Jasper County Board of Education Jasper County athletic facility renovations and band uniforms $ 30,000 City of Monticello City of Monticello park construction/equipment and downtown historic renovations $ 30,000 Putnam County Recreation Authority Improvements to recreation facilities in Putnam County $ 7,500 Oglethorpe County Renovation to Shaking Rock Park $ 7,500 Greene County Renovation to historic Greene County jail $ 65,000 City of Harlem Renovation and beautification to entrance ways to City of Harlem $ 10,000 Columbia County Purchase playground equipment for Westmont Elementary School $ 5,000 City of Harlem Purchase equipment for City of Harlem $ 10,000 Columbia County Lights for Lakeside High School baseball field $ 25,000 Columbia County Playground equipment for Riverside Park $ 25,000 Columbia County Board of Education Landscaping to repair erosion at Bel Air Elementary School $ 5,000 Richmond County Renovation to marshal's substation $ 15,000 Richmond County Board of Education Equipment for CSRA Law Enforcement Training Center $ 5,000 Richmond County Conservation treatment for sixty-two flags and banners in Augusta-Richmond County Museum $ 15,000 Richmond County Board of Education Purchase a marquee and improve drainage of baseball field of Westside High School in Richmond County $ 5,000 Richmond County To build a portico onto the Woodrow Wilson House $ 5,000 Richmond County Operation of Easter Seals in Richmond County $ 10,000 City of Augusta Operation of Woodrow Wilson historic home $ 100,000 City of Waynesboro Improve historic/commercial district of City of Waynesboro $ 50,000 City of Augusta Operation of health program at Beulau Grove Resource Center $ 25,000 City of Augusta Operation of Augusta - Richmond Opportunities Center after school program $ 25,000 City of Augusta To construct a recreation complex in east Augusta $ 50,000 Richmond County Board of Education Purchase playground equipment for Hephzibah Elementary School $ 5,000 Glascock County Operations of the Glascock County recreation department $ 10,000 Warren County Warren County EMS radio equipment and two external defibrillators $ 10,000 Glascock County Glascock County to purchase radar and intoximeter $ 10,000 Glascock County Purchase two external defibrillators for Glascock County EMA $ 3,000 City of Gibson Purchase and equip surplus vehicle for City of Gibson $ 10,000 Hancock County Operate Hancock County recreation programs and summer day camp $ 10,000 City of Sparta City of Sparta equipment to lower fire rating $ 10,000 Washington County Purchase a Washington County fire truck $ 40,000 Jefferson County Purchase of land for a Jefferson County park $ 100,000 Baldwin County Improvements at Baldwin recreation department $ 50,000 Baldwin County Equipment for new fire station in Baldwin County $ 25,000 Baldwin County Design/construct Milledgeville/Baldwin County 2000+ project $ 20,000 City of Jeffersonville Develop and plan for addition to Jeffersonville fire station $ 20,000 Jones County Replace fire trucks in Jones County $ 20,000 City of Gordon Renovation/restoration of old railroad depot in City of Gordon $ 60,000 Bibb County Operations of Disabilities Connection $ 50,000 Bibb County Operation of Hay House $ 30,000 Bibb County Operation of Middle Ga. Council on Drugs $ 15,000 Bibb County Operation of Harriet Tubman Museum $ 25,000 Bibb County Operation of Macon Little League $ 15,000 Bibb County Operation of Booker T. Washington Center $ 15,000 Peach County Relocation of waste water lift station and sewer lines in Peach County for City of Byron $ 75,000 Peach County Study to determine water and sewer needs of Peach County $ 25,000 Meriwether County Operate and equip Meriwether County recreation program $ 40,000 Meriwether County Operate/designate FDR/Warm Springs Welcome Center $ 10,000 Talbot County Operation of Project Stars in Talbot County $ 25,000 City of Columbus Columbus Community Center-Operation of Outreach Program $ 30,000 City of Columbus City of Columbus operation of Play and Learn Together Program $ 15,000 Muscogee County Operation of Bridge Program (GED) $ 25,000 Muscogee County Operation of Summer Tutorial program combined communities $ 25,000 Muscogee County Operation of youth and recreation facility $ 5,000 Muscogee County Operation of Easter Seals of West Georgia, Inc. $ 40,000 Muscogee County Operation of Springer Opera House $ 75,000 City of Columbus Operation of Boys Club of Columbus, Inc. outreach program $ 120,000 Muscogee County Operation of Columbus Consolidated Government/Records Management Center $ 110,000 Muscogee County Operation of Two Thousand Opportunities Inc. $ 50,000 Muscogee County Operation of Liberty Theater $ 75,000 Muscogee County Operation of A.J. McClung YMCA after school program $ 25,000 City of Americus City of Americus parks renovation $ 25,000 City of Americus Renovation of Rylander Theater in City of Americus $ 75,000 Crisp County Repair and renovation of the Cordele Little Theater $ 25,000 City of Unadilla Improvement to City of Unadilla wastewater treatment operation $ 25,000 City of Hawkinsville Purchase equipment and computers for Hawkinsville library $ 10,000 Pulaski County Study of consolidation of city/county government in Pulaski County $ 25,000 Macon County Board of Education Funds to address and map Macon County $ 50,000 Houston County Operation of Perry/Houston County Airport $ 75,000 Bleckley County Board of Education Construction of tennis courts in Bleckley/Cochran County $ 50,000 City of Rentz Water, sewer and land for new schools in City of Rentz $ 50,000 Dodge County Board of Education Band uniforms for Dodge County school $ 25,000 Bleckley County Operation of Bleckley County Sheriff's Department $ 7,500 Dodge County Operation of Eastman/Dodge County Arts Council $ 15,000 City of Rhine Repair to City of Rhine Community Center $ 5,000 City of Milan Water and sewer for City of Milan $ 5,000 Dodge County Purchase computer equipment for Dodge County $ 7,500 Dodge County Board of Education Construct softball fields for Dodge County schools $ 15,000 Laurens County Board of Education Replacement of wrestling mats at East Laurens, West Laurens and City of Dublin high schools $ 25,000 City of East Dublin Improvements to water and sewer systems in City of East Dublin $ 25,000 City of Dudley Funds to purchase land, water and sewer for City of Dudley $ 50,000 Emanuel County Purchase equipment for library in Emanual County $ 10,000 Emanuel County Improvements to Emanual County auditorium and recreation complex $ 50,000 City of Kite Improvements to City of Kite recreation complex $ 5,000 Treutlen County Board of Education Renovation and improvements to Treutlen County auditorium athletic complex $ 10,000 City of Twin City Improvements to Twin City community center $ 7,500 City of Swainsboro Renovations to Swainsboro City Hall $ 10,000 City of Wrightsville Improvements to Wrightsville recreation complex $ 7,500 Candler County Metter/Candler community center - installation of hip roof $ 20,000 Bullock County Construct Mill Creek Park picnic pavilion with restrooms $ 20,000 City of Statesboro Operation of Statesboro Bulloch recreation department $ 58,000 City of Springfield Operation of bi-centennial program in City of Springfield $ 11,000 Effingham County Board of Education Establish/improve baseball facilities at Effingham County high schools $ 20,000 Effingham County Renovation/relocation of one-room school house $ 5,000 Effingham County Purchase an air bag system setup for Faulkville Community $ 4,000 Effingham County Purchase a handicap-accessible van for Effingham County $ 10,000 Effingham County Renovations to the Effingham County Courthouse $ 20,000 City of Guyton Renovate the City of Guyton gymnasium $ 10,000 City of Savannah Roof replacement/renovation of King Tisdell/Beach Institute $ 5,000 City of Savannah Operations of Chatham/Savannah Youth Services Corp $ 25,000 Town of Thunderbolt Purchase fire truck for the Town of Thunderbolt $ 20,000 City of Savannah Restoration of steam locomotive $ 25,000 City of Savannah Restoration of Old Charity Hospital $ 10,000 City of Savannah Restoration of Moses Jackson School $ 10,000 City of Savannah Monument in honor of the African American Family $ 5,000 City of Pooler Renovation/purchase of recreational equipment for City of Pooler athletic fields $ 5,000 Chatham County To purchase recreation equipment for City of Georgetown $ 5,000 City of Savannah Renovation of the Carnegie Library $ 25,000 City of Savannah Stabilize and restore structures at Central of Georgia Railway National Landmark $ 25,000 City of Richmond Hill Computer hardware for Richmond Hill Public Library $ 6,000 Evans County Board of Education Purchase of computer hardware for Claxton Public Library $ 6,000 Tattnall County Board of Education Computer hardware for Glennville Public Library $ 6,000 City of Vidalia Equip/renovate City of Vidalia recreation fields and playground $ 20,000 City of Lyons Equip/renovate Partin Park in City of Lyons $ 20,000 Montgomery County Renovate City of Mt. Vernon and Montgomery County recreation areas $ 15,000 Wheeler County Equip/renovate Alamo and Glenwood recreation $ 20,000 Ben Hill County Equipment for Ben Hill volunteer fire stations $ 10,000 Irwin County Display cabinets for artifacts at Jeff Davis State Park Museum $ 15,000 Wilcox County Operation of Wilcox County rural fire department at Cedar Creek $ 10,000 Ben Hill County Softball fields and improvements at Paulk Park $ 10,000 City of Ocilla Operation of Ocilla little league baseball fields $ 15,000 Wilcox County Design/construct lighting for Wilcox County recreation department little league ball park $ 20,000 Wilcox County Board of Education Purchase vocational equipment for Wilcox County High School $ 15,000 Irwin County Equipment for Irwin County volunteer fire stations $ 10,000 City of Sumner Purchase of recreation equipment for City of Sumner $ 10,000 City of Sycamore Purchase recreation equipment, land and improvements for City of Sycamore $ 25,000 City of Warwick Purchase of recreation equipment $ 10,000 City of Rebecca Repairs and improvements to City of Rebecca water system $ 10,000 Quitman County Board of Education Purchase of equipment for Quitman Community Elementary School $ 25,000 Randolph County Board of Education Repairs to leaks at Randolph/Clay Middle School $ 20,000 Calhoun County Board of Education Relocation of exhaust fans in gymnasium at Calhoun Elementary School $ 9,000 Clay County Board of Education Purchase furniture, desks and new lab computers for new Clay County Elementary School $ 25,000 Chattahoochee Board of Education Purchase media equipment for Chattahoochee County Education Center $ 65,000 Randolph County Purchase vehicles for Randolph County rural public transportation program $ 11,150 City of Cusseta Well system for City of Cusseta $ 96,000 City of Dawson Equip and operate the Community Development office $ 25,000 Marion County Board of Education Lighting for Marion County ballfields $ 30,000 Webster County Expansion of Webster County Agriculture Education Center $ 20,000 Terrell County Hanger construction at Terrell County Airport $ 25,000 City of Blakely Renovation of historic theater in Blakely $ 10,000 City of Donalsonville Renovation of Olive Theater $ 15,000 Baker County Develop age appropriate children's program $ 20,000 City of Albany Operations of SAFEC-Parenting classes and after school tutorial programs and youth apprenticeship $ 20,000 Dougherty County Renovate and repair Easter Seal facility $ 15,000 City of Baconton Purchase equipment and computer upgrades $ 5,000 City of Doerun Renovation of Doerun City Hall building $ 20,000 Mitchell County Operations of Smart Teens Primary Prevention Program $ 10,000 Sale City Purchase computer upgrades and office equipment $ 5,000 City of Camilla Renovate old gymnasium and tennis courts $ 25,000 Mitchell County Construction of shed for fire trucks for Greenough volunteer fire department $ 10,000 Mitchell County Install a new water well for Cotton volunteer fire department $ 5,000 City of Pelham Upgrade City of Pelham recreation facilities $ 25,000 Tift County Equipment for Tift County volunteer fire department $ 15,000 City of Norman Park Equipment for Norman Park volunteer fire department $ 10,000 Tift County Purchase bullet proof vests and drug dog for Tift County sheriff $ 10,000 City of Nashville Construction of sidewalk on West Hull Street $ 5,000 Cook County Lighting for little league ball fields in Cook County $ 5,000 City of Nashville Playground equipment for Memorial Park $ 5,000 City of Enigma Repair roof of Senior Citizen Center $ 5,000 City of Sparks Installation of street signs in City of Sparks $ 3,000 City of Lenox Equipment for rural doctors office owned by City of Lenox $ 20,000 Cook County Equipment for Alzheimer Day Care Center $ 3,000 City of Alapaha Street lighting for City of Alapaha $ 5,000 Coffee County Equipment for volunteer fire department and an Oak Park zoning plan in Coffee County $ 10,000 City of Douglas Purchase equipment for youth recreational activities $ 15,000 City of Willacoochee Equipment/repairs of athletic fields $ 3,000 City of Pearson Equipment/repairs to athletic fields $ 3,000 Atkinson County Comprehensive Atkinson County plan $ 20,000 City of Ambrose Renovations for Ambrose City Hall Voting Precinct $ 10,000 City of Broxton Renovation and computers for City Hall and Broxton Police $ 10,000 City of Waycross Promotion of City of Waycross, Ware and Pierce County Tourism $ 10,000 Ware County Funds for recreational programs in Ware County $ 25,000 Ware County Board of Education Pilot program for development of Consumer Economic Education and/or young drivers education for grades 11-12 $ 20,000 Brantley County Operation of Brantley County $ 10,000 City of Patterson Construct T-ball field in City of Patterson $ 5,000 City of Alma Tree and bush beautification project City of Alma $ 5,000 Pierce County Operation of Pierce County Lee Street Resource Center $ 20,000 City of Offerman Operating expenses for City of Offerman $ 5,000 City of Blackshear Tree and bush beautification project $ 5,000 Bacon County Operation of Alma-Bacon County Department of Intergovernmental relations $ 45,000 Charlton County St. George Winoker race pond and county beautification project $ 5,000 City of Nahunta Law enforcement equipment for City of Nahunta $ 5,000 City of Hoboken Recreation improvements for the City of Hoboken $ 5,000 Appling County Board of Education Operation of Alternative School Assistance $ 15,000 City of Denton Operation/equipment for recreation program $ 5,000 Wayne County Operation/equipment for Wayne County Madray Springs Fire Department $ 5,000 Wayne County Operation/equipment for Wayne County K'ville Fire Department $ 5,000 Appling County Development Authority Economic development planning $ 10,000 Telfair County Equipment for Telfair County Horse Creek fire department $ 5,000 Jeff Davis County Improvements to the Jeff Davis County Courthouse grounds $ 5,000 City of McRae Improvements to City of McRae City Hall $ 25,000 Jeff Davis County Operation of Jeff Davis County local welcome center $ 5,000 Jeff Davis County Operation of fire department and community center for Snipesville Community $ 10,000 Jeff Davis County Board of Education Computer networking for Jeff Davis Board of Education $ 5,000 Jeff Davis County Equipment for emergency command vehicle for Jeff Davis County EMS $ 5,000 City of Baxley Water and Sewer upgrades for City of Baxley $ 25,000 Long County Law enforcement equip- Wayne County Construction of animal shelter in Wayne County $ 10,000 City of Jesup Downtown Revitalization for City of Jesup $ 10,000 City of Odum Repair to Odum City fire department station $ 10,000 City of Screven Repairs to City of Screven sewage facilities $ 10,000 City of Ludowici Repair to City of Ludowici back up water facility $ 10,000 Liberty County Renovation of buildings at Seabrook Village Foundation, Inc. $ 10,000 Liberty County Operation of Coastal Medical Assistance Clinic $ 10,000 Glynn County Improvements to Neptune Park in Glynn County $ 20,000 Glynn County Repairs to Baldwin Park in Glynn County $ 20,000 City of St. Marys Purchase equipment for City of St. Marys $ 60,000 City of Hahira Hahira City Hall renovation $ 25,000 Clinch County Equipment for Clinch County Emergency Management $ 10,000 Lanier County Board of Education Renovation on field house for Lanier County $ 25,000 Lowndes County Chamber of Commerce Lowndes County operations of Drugs Don't Work Program $ 10,000 Lowndes County Purchase police equipment and beautification of historic district of City of Remerton $ 50,000 Brooks County Equipment and operations Brooks County volunteer fire departments $ 25,000 Brooks County Brooks County Museum and Cultural Center replacement of roof and other repairs $ 30,000 Echols County Echols County Historical Society for repairs to the oldest house in Echols County $ 10,000 City of Lake Park Rescue boat and equipment for volunteer fire department of Lake Park $ 15,000 City of Social Circle Acquisition and construction of city park including off street parking for City of Social Circle $ 25,000 Cobb County Restoration of C-130 in Cobb County $ 30,000 City of Tybee Island Renovation of Tybee Light-house $ 100,000 Tattnall County Board of Education Purchase of materials for Vo-Ag Facility $ 15,000 City of Alapaha Purchase Little League equipment $ 5,000 City of Georgetown Installation of new sewer system $ 25,000 Augusta Housing Authority Operations of Golden Harvest Food Bank $ 20,000 City of Senoia Purchase sewage pump truck $ 10,000 City of Mount Zion Purchase of property for the City of Mount Zion $ 20,000 City of Atlanta Feasibility study for agriscience program at Carver High School $ 10,000 Cobb County Board of Education Purchase lights for Harrison High School baseball field $ 10,000 Taliaferro County Renovation of Locust Grove Cemetery $ 30,000 DeKalb County Operation of DeKalb Historical Society $ 15,000 DeKalb County Operation fo South DeKalb Incubator $ 10,000 Clayton County Board of Education Operation of Project Decision $ 30,000 Clarke County Operations of Safe Campuses Now $ 40,000 City of Lavonia Construction of multi-purpose recreation field $ 25,000 Gwinnett County Board of Education Construction of athletic facility at Collins High School $ 50,000 City of Adairsville Purchase equipment for Folsom volunteer fire department $ 10,000 Bartow County Purchase equipment for Pine Log volunteer fire department $ 10,000 City of Austell Purchase computer equipment $ 35,000 Gwinnett County Board of Education Renovation of athletic field facilities at Parkview High School $ 50,000 City of Homeland Purchase land/construct emergency access on US#1 overpass for emergency vehicles $ 20,000 Clinch County Purchase aircraft for Clinch County Sheriff's Department for locating marijuana fields $ 10,500 City of Ray City Repairs to Ray City water well $ 11,000 Town of Fargo Purchase of equipment to establish a community library $ 19,375 Town of Alapaha Construction of a fence and drainage system for existing park $ 12,500 City of Nashville Repairs to Berrien County Courthouse Square $ 20,000 Brantley County Purchase of equipment for volunteer fire department to be shared by both Brantley and Pierce Counties $ 15,000 Montgomery County Development Authority Operations of Montgomery County Development Authority $ 10,000 Pierce County Equipment/computers for Pierce County Resource Center for At Risk students studying for GED $ 12,000 City of Offerman Purchase equipment for City Hall $ 5,000 City of Lyons Purchase recreational equipment for Partin Park $ 10,000 City of Hoboken Purchase lights and equipment for ball field $ 5,000 City of Screven Paint and repair City of Screven city hall $ 5,000 City of Graham Extension of city sewer line for City of Graham $ 5,000 Toombs County Board of Education Purchase land for parking lot for high school football stadium $ 35,000 Glynn County Operations of SHARE $ 25,000 Dooly County Operation of State of Georgia Cotton Museum $ 25,000 Clarke County Operations of Food Bank of NE Georgia $ 25,000 Oconee County Improvement to facilities at recreation fields $ 10,000 Bibb County Renovation and purchase equipment for Kings Park Recreation Park $ 25,000 City of Warrenton Construct fencing/lighting for new recreation area $ 15,000 Oglethorpe County Renovation of recreation facilities $ 5,000 City of Lincolnton Repairs to storm sewer project $ 15,000 Hall County Renovations/construction Challenged Child Inc. $ 50,000 Richmond county Purchase of property for Southeastern Firefighters Burn Foundation $ 25,000 McDuffie County Construction of Fire Safety House $ 3,500 Richmond County Lighting for West Augusta Little League $ 12,000 Richmond County Lighting for Master City Little League $ 12,000 Richmond County Operations of Hope House for Women $ 20,000 City of Avera Purchase air packs for volunteer fire department $ 5,000 City of Euharlee Restore and preserve historic city buildings $ 20,000 Paulding County Board of Education Renovate/improve field house at Paulding County High School $ 60,000 City of Aragon Operations of the athletic program $ 5,000 City of Cartersville Operations of arts/recreation program $ 20,000 City of Dallas Construction of historic museum $ 10,000 City of Rockmart Construction of pavilion at Rockmart Northwest Park $ 15,000 City of Cedartown Operations of athletic program $ 10,000 City of Atlanta Operations of Outdoor Activity Center $ 40,000 Treutlen County Board of Education Construction of restrooms for baseball field $ 25,000 Emanuel County Improvements to city/county auditorium and recreation complex $ 25,000 Wheeler County Recreation facilities $ 25,000 City of Milledgeville Restoration of Griffin-Baugh Cottage $ 12,000 Hancock County Purchase fire fighting equipment $ 10,000 City of Milledgeville Roof repairs on education center of Boys and Girls Club of City of Milledgeville $ 15,000 City of Milledgeville Operations and purchase of equipment at Rape Crisis Center of Milledgeville $ 15,000 City of Monticello Purchase equipment for Get Ahead House after school tutoring and parenting program $ 5,000 City of Cusseta Construct new well $ 75,000 Muscogee County Operations of Rediscovery in Muscogee County $ 20,000 Muscogee County Operations of Southwest Against Drugs $ 15,000 Gwinnett County Operations of Collins Hill Athletic Association Soft-ball program of Gwinnett County $ 15,000 DeKalb County Operations of The Winning Circle $ 20,000 DeKalb County Operation of Scottdale Youth Athletic Association $ 10,000 DeKalb County Purchase supplies/equipment for Redan Park Athletic Program of DeKalb County $ 5,000 Effingham County Improvements to athletic field $ 20,000 Effingham County Construct handicap access walk for hospital and nursing home in Effingham County $ 5,000 City of Manassas Purchase of city water pump 7,000 City of Statesboro Purchase computer work stations and wiring for Statesboro Regional Library $ 10,000 Evans County Recreation Authority Expansion of ball fields and play areas $ 25,000 Jenkins County Materials for enlarging Jenkins County Agriculture Education Center $ 25,000 Statesboro Airport Authority Improvements to Statesboro airport $ 15,000 Screven County Airport Authority Resurface runway at Screven County Airport $ 20,000 City of Leesburg Installation of traffic signals for City of Leesburg $ 50,000 City of Byron Water system for the City of Byron $ 50,000 City of Andersonville Operations of Historic Andersonville Trail $ 10,000 City of Montezuma Construct sidewalk for City of Montezuma $ 68,800 Taylor County Board of Education Construct athletic complex for Taylor County schools $ 50,000 City of Marshallville Paving to Felton Memorial Cemetery $ 10,000 City of Plains Construct building addition to City of Plains police/fire department $ 25,000 Peach County Construct fire department annex on Fort Valley State College campus $ 70,000 City of LaFayette Repair and restore Gordon Hall at Chattooga Academy $ 20,000 Dade County Construct all-purpose pavilion at park $ 30,000 Chattooga County Purchase equipment to enhance 911 system $ 30,000 Fulton County Operation of Kidsgym USA, Inc. $ 50,000 Fulton County Operation of Promise Children's Home, Inc. $ 15,000 Fulton County Operation of Listen Up drug program $ 10,000 Chatham County Renovate Old YMCA Building for community center $ 400,000 Chatham County Operation of Mighty Eighth Air Force Museum $ 55,000 City of Thunder Construction of restrooms at W.E. Waterfront Park $ 70,000 Liberty County Operations of Coastal Medical Assistance Clinic $ 16,000 Long County Construction of an additional ball field with lights and fence for recreation department $ 30,000 Liberty County Upgrade athletic equipment to meet safety standard requirements $ 20,000 City of Pembroke Renovation of recreational park in the City of Pembroke $ 25,000 McIntosh County Board of Education Purchase football field lighting for McIntosh County school $ 25,000 Glynn County Renovations/improvements to Ellis Point Park $ 20,000 Cobb County Board of Education Pilot project for Reading Fluency Intervention $ 50,000 Meriwether County Renovate building for Warm Springs Welcome Center $ 50,000 Madison County Board of Education Construction of high school tennis courts $ 20,000 City of Arcade Operations of City of Arcade $ 35,000 Floyd County Operations of Camp Good Times (Summer Day Camp) $ 15,000 Floyd County Operations of 100 Black Men, mentoring program $ 10,000 White County Construction of ADA compliant swimming pool $ 20,000 Rabun County Purchase equipment for volunteer fire department $ 5,000 Union County Renovation of Union County Courthouse $ 50,000 DeKalb County Field acquisition for Georgia Soccer Foundation $ 30,000 Fulton County Operation of St Jude Recovery Center for Women of Fulton County $ 25,000 DeKalb County Roof renovation at Elaine Clarke Activity Center $ 15,000 City of Decatur Operation of Decatur Neighborhood Playhouse $ 6,000 Chatham County Building renovation for Turning Point Parent Child Inc. of Chatham County $ 15,000 Whitfield County Improvements to joint sewer service in Whitfield County and City of Dalton $ 25,000 Grady County Construction of volunteer fire department $ 10,000 Grady County Renovation of Historical Society facility $ 20,000 Thomasville Board of Education Improvements for Thomasville City School's track $ 15,000 City of Donalsonville Purchase of computer hardware $ 20,000 City of Blakely Construction of recreation field for the City of Blakely and Early County $ 15,000 City of Bainbridge Construction of sidewalk in Willis Park $ 10,000 City of Blue Ridge Improvements to fence and lighting for City Park $ 25,000 Fannin County Planning/design for civic center and auditorium $ 15,000 Fannin County Install public address system in Fannin County Courthouse $ 5,000 Forsyth County Board of Education Renovation of two classrooms for science labs $ 20,000 Gwinnett County Board of Education Construction of high school football stadium $ 55,000 Fulton County Repairs to drainage system and purchase of equipment for Grant Park Learning Center $ 18,500 City of Morrow Improvements to City of Morrow park $ 7,500 City of Lake City Improvements to Lake City park $ 7,500 City of Jonesboro Improvements to City of Jonesboro park $ 7,500 City of Riverdale Improvements to City of Riverdale park $ 7,500 City of Forest Park Improvements to downtown revitalization project $ 20,000 Telfair County Interior renovations for County Courthouse $ 25,000 City of Rhine Renovation of City of Rhine Community Center $ 20,000 City of Alma Purchase Jaws of Life for fire department $ 7,500 City of Nicholls Assist with downtown beautification project and operating expenses $ 20,000 City of Smyrna Operation of Blind and Low Vision Center $ 15,000 Terrell County Construction of airport hangar in Terrell County $ 50,000 City of Dawson Restoration of the Old Carnegie Library $ 35,000 Catoosa County Lighting for Mattox recreation complex $ 40,000 City of Dalton Operation of North West Georgia Girls Home $ 20,000 Fulton County Operation of Sickle Cell Center at Hughes Spalding Children's Hospital $ 20,000 Fulton County Renovate Southwest Hospital Medical Center to meet ADA requirements $ 20,000 Fulton County Operation of Grady First Steps program $ 60,000 Cobb County Purchase van for mental retardation services to be shared by Cobb and Douglas Counties $ 20,000 City of Marietta Operation of Civil War Museum $ 30,000 Richmond County Operation of community based programs $ 120,000 DeKalb County Operation of the Arts Station $ 10,000 DeKalb County Operation of DeKalb Juvenile Court Sex Offender Program $ 30,000 DeKalb County Operation of Our House $ 10,000 Fulton County Operation of Providence Learning Center At Risk School Program $ 165,387 Thomas County Operation of Halcyon Home (Battered Women's Shelter) $ 45,000 Coweta County Purchase defibrillators for fire department $ 15,000 City of Warm Springs Design of new building for Good Shepherd Therapeutic Center $ 10,000 Clay County Operate recreation park for children $ 50,000 City of Athens Improvements to Cedar Shoals High School running track surface $ 40,000 Irwin County Purchase equipment for Holt/Lax volunteer fire department $ 5,000 City of Hawkinsville Restoration of Opera House $ 10,000 Pulaski County Renovation of Pulaski County Courthouse $ 50,000 Bleckley County Renovation of Bleckley County Courthouse $ 50,000 City of Centerville Construction of fire house $ 100,000 City of Milan Improvements to water and sewer system $ 5,000 Houston County Operations and training for Houston County volunteer fire department $ 25,000 City of Cave Spring Renovation/construction at Rollader Park $ 20,000 Carroll County Board of Education Additions to Temple High School Stadium $ 25,000 City of Conyers Purchase playground equipment for Pine Street Elementary School $ 50,000 City of Trion Design/construct ballfields in City of Trion $ 25,000 Murray County Purchase of van for Murray County Senior Citizen Center $ 25,000 City of Atlanta Operation of Metro Atlanta Respite and Developmental Services $ 50,000 Gwinnett County Board of Education Operation of Shiloh High School Stadium $ 30,000 Atlanta Board of Education Operation of Miles Community Center $ 40,000 Wilkinson County Expansion of the Basic Adult Education Center $ 50,000 City of Valdosta Operation of the South Georgia Medical Center $ 100,000 City of Atlanta Operation of Carver High School $ 200,000 Appling County Board of Education Remediation of fire code violations in Appling County schools $ 100,000 City of Augusta Operation of Lucey Laney Museum $ 24,000 City of Augusta Operation of Augusta Opera House $ 16,000

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Section 41. Provisions Relative to Section 10, 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 15, 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 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.

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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. Medicaid formulary restrictions, including prior authorization, shall be based on the individual patient's clinical and medical criteria and on cost-effectiveness. Adjust nursing home reimbursement rates effective April 1, 1998 using the June 30, 1996 cost reports plus the appropriate DRI index in accordance with the existing reimbursement methodology. [Illegible Text] [Illegible Text] Zell Miller Provided, that of funds made available to the Department, $86,050 is designated to initiate an over the counter nicotine replacement medication program effective April 1, 1998. 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

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Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 46. Provisions Relative to Section 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. 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. 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

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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 . Vetoed 3-19-98 Zell Miller 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. Provided, that of the appropriation for the Special Airport Development Program, funds not utilized for the initial tier of airport upgrades and improvements shall be used first for Greene County and Houston County airport improvements as the department may designate. 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) and for State mental health/mental retardation institutions ($9,348,000) in the Department of Human Resources; and there is hereby appropriated $10,000,000 for the purpose of providing funds for the operation of the Employment Service and Unemployment Insurance Programs in the Department of Labor. The Office of Planning and Budget is hereby authorized to transfer funds from this section to the appropriate departmental budgets in amounts equal to the departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 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

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feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the instances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contractor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 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. 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,

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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 1998 Regular Session, except as provided, however, the Director of the Budget is authorized to make internal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatsoever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriations Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expenditures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this Section, the term common object classes shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each common object class are authorized. However, the total expenditure for the group may not exceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administration of the annual operating budget. 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

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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. There is hereby appropriated a specific sum of Federal grant funds, said specific sum being equal to the total of the Federal grant funds available in excess of the amounts of such funds appropriated in the foregoing sections of this Act, for the purpose of supplanting appropriated State funds, which State funds shall thereupon be unavailable for expenditure unless reappropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act . Vetoed 3-19-98 Zell Miller 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), $956,340 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 $4,140,000 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), $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $900,315 is specifically appropriated for the purpose of financing the

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George L. Smith II Georgia World Congress Center Authority projects and facilities for the Department of Industry, Trade and Tourism, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,530,000 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), $1,710,000 is specifically appropriated for the Georgia Environmental Facilities Authority for the purpose of financing loans to local governments and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $427,500 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $11,542,500 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 $135,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $295,830 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 $3,460,000 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), $171,000 is specifically appropriated for the purpose of financing projects

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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 $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $218,025 is specifically appropriated for the purpose of financing projects and 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, through the issuance of not more than $2,550,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $46,200 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 $200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $846,621 is specifically appropriated for the purpose of financing the Georgia Agricultural Exposition Center 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 $9,902,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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From the appropriation designated State General Funds (New), $1,282,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Juvenile Justice, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $15,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $136,800 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 $1,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $85,500 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $342,000 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. From the appropriation designated State General Funds (New), $171,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture, by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months.

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From the appropriation designated State General Funds (New), $1,419,726 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education through the issuance of not more than $6,146,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. From the appropriation designated State General Funds (New), $1,487,700 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 $17,400,000 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), $3,487,545 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $40,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 58. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1998 $ 12,380,991,546 Section 59. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 60. All laws and parts of laws in conflict with this Act are repealed. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Approved March 19, 1998.

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REVENUE AND TAXATIONAD VALOREM TAXATION; SITUS; INCOME TAX; CERTAIN ACTIVITIES NOT SUBJECT; SALES AND USE TAX; CERTAIN PERSONS NOT DEALERS. Code Sections 48-5-5, 48-7-1, and 48-8-2 Amended. No. 519 (House Bill No. 1535). AN ACT To amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide additional conditions under which certain property shall not acquire a situs in this state for ad valorem tax purposes; to provide that certain property ownership or conducting of business shall not constitute activities subject to state income tax; to provide that certain persons and activities shall not constitute a dealer for sales and use tax purposes; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by striking Code Section 48-5-5, relating to acquisition of situs, and inserting in its place a new Code Section 48-5-5 to read as follows: 48-5-5. (a) Foreign merchandise in transit shall acquire no situs so as to become subject to ad valorem taxation by political subdivisions of this state in which the port of original entry or the port of export of such merchandise is located. Such property shall not acquire situs by virtue of the fact that while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled, or repackaged. The grant of `no situs' status shall be liberally construed to effect the purposes of this Code section. (b) Property which meets all of the following qualifications shall acquire no situs so as to become subject to ad valorem taxation by political subdivisions of this state: (1) Such property is owned by a person who is not a Georgia resident and does not maintain or operate a place of business in Georgia; (2) Such person has contracted with a commercial printer located in Georgia for printing services to be performed in Georgia; and (3) Such property is provided by such person to such printer for the performance of such services.

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SECTION 2 . Said title is further amended by adding a new paragraph immediately following paragraph (7) of Code Section 48-7-1, relating to definitions regarding income tax, to be designated paragraph (7.1) to read as follows: (7.1) `Owning property or doing business in this state' shall not include the following activities, either singularly or in the aggregate, with respect to any person that is not otherwise subject to income taxation in the State of Georgia that has contracted with a commercial printer for any printing, including printing related activities, and distribution services to be performed in Georgia: (A) The ownership by that person of tangible or intangible property located at the Georgia premises of the commercial printer for use by the printer in performing its services for the owner; (B) The sale and distribution by that person of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer; (C) The activities performed by or on behalf of that person at the Georgia premises of the commercial printer which are directly related to the services provided by that commercial printer; or (D) The printing, including printing related activities and distribution related activities, performed by the commercial printer in Georgia for or on behalf of that person. SECTION 3 . Said title is further amended in paragraph (3) of Code Section 48-8-2, relating to definitions regarding sales and use tax, by striking the word or at the end of subparagraph (G), by striking the period and adding ; or at the end of subparagraph (H), and by adding a new subparagraph at the end thereof to be designated subparagraph (I) to read as follows: (I) Notwithstanding any of the provisions contained in this paragraph, with respect to a person that is not a resident or domiciliary of Georgia, that does not engage in any other business or activity in Georgia, and that has contracted with a commercial printer for printing to be conducted in Georgia, such person shall not be deemed a `dealer' in Georgia merely because such person: (i) Owns tangible or intangible property which is located at the Georgia premises of a commercial printer for use by such printer in performing services for the owner; (ii) Makes sales and distributions of printed material produced at and shipped or distributed from the Georgia premises of the commercial printer;

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(iii) Performs activities of any kind at the Georgia premises of the commercial printer which are directly related to the services provided by the commercial printer; or (iv) Has printing, including any printing related activities, and distribution related activities performed by the commercial printer in Georgia for or on its behalf, nor shall such person, absent any contact with Georgia other than with or through the use of the commercial printer or the use of the U.S. Postal Service or a common carrier, have an obligation to collect sales or use tax from any of its customers located in Georgia based upon the activities described in divisions (i) through (iv) of this subparagraph. In no event described in this subparagraph shall such person be considered to have a fixed place of business in Georgia at either the commercial printer's premises or at any place where the commercial printer performs services on behalf of that person. SECTION 4 . (a) Except as otherwise provided in subsections (b) and (c) of this section, this Act shall become effective on July 1, 1998. (b) Section 1 of this Act shall become effective January 1, 1999, and shall be applicable to all taxable years beginning on or after that date. (c) Section 2 of this Act shall become effective July 1, 1998, and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSCODE REVISION; CORRECTIONS. Code Title 47 Amended. No. 520 (House Bill No. 1227). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 47 of the Official Code of Georgia Annotated; to provide for other matters

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relative to Title 47 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended as follows: (1) By redesignating existing paragraphs (1) and (2) as paragraphs (2) and (1), respectively, in subsection (a) of Code Section 47-1-12, relating to investment and reinvestment of assets of local retirement system, valuation and limitation on investments, adoption of guidelines and procedures, and duties of state auditor. (2) By adding of the State of Georgia following Council twice in paragraph (2) of subsection (a) and twice in subsection (b) of Code Section 47-2-262, relating to membership in retirement system of assistant district attorneys and employees of the Prosecuting Attorneys' Council of the State of Georgia, notice of election to become a member, and contributions. (3) By adding of the State of Georgia following Council in subsection (b) of Code Section 47-2-263, relating to credit for certain past service as an assistant district attorney or employee of the Prosecuting Attorneys' Council of the State of Georgia and payment of employee contributions. (4) By striking Insurance Commissioner and inserting in lieu thereof Commissioner of Insurance twice in paragraph (1) and three times in paragraph (6) of subsection (a), by striking Sixty five and inserting in lieu thereof Sixty-five in subparagraph (a)(1)(C), by striking Superior Court and inserting in lieu thereof superior court in paragraph (2) of subsection (e), and by designating the last two paragraphs of subsection (e) as paragraphs (3) and (4), respectively, in Code Section 47-7-61, relating to tax on premiums charged by the fire insurance companies for certain classes of coverage, exclusions, and the penalty for failure to report and pay such tax. (5) By striking the (b)(1) designation and inserting in lieu thereof (b) in subsection (b) of Code Section 47-21-4, relating to the employee and other contributions of the board of regents retirement plan. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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OFFICIAL CODE OF GEORGIA ANNOTATEDCODE REVISION; REENACTMENT; CORRECTIONS. No. 521 (House Bill No. 1228). AN ACT To amend the Official Code of Georgia Annotated, so as to correct typographical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated and in Acts of the General Assembly amending the Official Code of Georgia Annotated; to reenact the statutory portion of the Official Code of Georgia Annotated, as amended; to provide for necessary or appropriate revisions and modernizations of matters contained in the Official Code of Georgia Annotated; to provide for and to correct citations in the Official Code of Georgia Annotated and other codes and laws of the state; to rearrange, renumber, and redesignate provisions of the Official Code of Georgia Annotated; to provide for other matters relating to the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Reserved. SECTION 2 . Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended as follows: (1) By deleting the comma following representations in paragraph (13) of Code Section 2-11-21, relating to definitions relative to sale and transportation of seeds. (2) By inserting subsection preceding (d) and (j) in the introductory language of subsection (c), by deleting and at the end of subparagraph (d)(10)(A), by striking Code Section 2-11-22 and inserting in lieu thereof this Code section in paragraph (5) of subsection (e), by striking eight point and inserting in lieu thereof eight-point in subparagraph (f)(4)(D), by striking the semicolon and inserting in lieu thereof a period at the end of paragraph (6) of subsection (f), by striking ; and and inserting in lieu thereof a period at the end of subparagraph (g)(1)(E), and by striking Code Section 2-11-22 and inserting in lieu thereof this Code section in paragraph (3) of subsection (j) of Code Section 2-11-22, relating to labeling requirements for the sale and transportation of seeds. (3) By inserting Section following U.S.C. and adding a comma following 2321 in paragraph (7) of subsection (a) of Code Section

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2-11-23, relating to prohibited acts in the sale and transportation of seeds. (4) By deleting of this article from the end of paragraph (19) of Code Section 2-12-2, relating to definitions relative to commercial fertilizers. (5) By deleting the comma following ten pounds or less in paragraph (1) of subsection (b) of Code Section 2-12-8, relating to inspection fees, quarterly report, collection penalty, and the effect of failure to file a report and pay a penalty assessment. SECTION 3 . Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended as follows: (1) By striking state of Georgia and inserting in lieu thereof State of Georgia in Code Section 3-3-31, relating to legislative findings of violations of shipments of alcoholic beverages by persons in other states or countries to residents of this state. (2) By striking state of Georgia and inserting in lieu thereof State of Georgia in subsection (a) of Code Section 3-3-32, relating to shipment of alcoholic beverages into the state by nonresident, without license, who is in business of selling alcoholic beverages in another state. (3) By striking center and inserting in lieu thereof coliseum three times in subsection (c) of Code Section 3-8-5, relating to the sale of alcoholic beverages at coliseums during professional sports events. SECTION 4 . Reserved. SECTION 5 . Reserved. SECTION 6 . Reserved. SECTION 7 . Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended as follows: (1) By striking title and inserting in lieu thereof article in subsection (a) and by striking chapter and inserting in lieu thereof article and by adding of this article following Part 19 in subsection (b) of Code Section 7-1-628, relating to the purpose and scope of Part 20 of Article 2 of Chapter 1 of this title, relative to interstate banking and branching by merger.

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(2) By inserting of Chapter 2 following Article 15 in paragraph (4) of subsection (a) of Code Section 7-1-628.5, relating to requirement for out-of-state bank that is resulting bank of interstate merger transaction. SECTION 8 . Reserved. SECTION 9 . Reserved. SECTION 10 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended as follows: (1) By striking on his or her and inserting in lieu thereof or his or her in Code Section 10-1-380, relating to the definition of an administrator. (2) By striking Superior Court of county and inserting in lieu thereof superior court of the county in subsections (a) and (b) of Code Section 10-1-381, relating to the final order, the collection of judgment; the disbursement of funds, and the consumer preventive education plan. SECTION 11 . Title 11 of the Official Code of Georgia Annotated, relating to the commercial code, is amended as follows: (1) By striking 53-7-91, and inserting in lieu thereof 53-7-91 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-40 of the `Revised Probate Code of 1998,' in subsection (1) of Code Section 11-9-310, relating to the priority of certain liens, claims, and rights. SECTION 12 . Reserved. SECTION 13 . Reserved. SECTION 14 . Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, is amended as follows: (1) By striking described in of Code Section and inserting in lieu thereof described in Code Section in paragraph (1) of subsection (a) of Code Section 14-3-853, relating to advance or reimbursement of litigation expenses.

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(2) By deleting the comma following partnership in paragraph (8) of subsection (a) of Code Section 14-3-1101, relating to definitions relative to a merger and the plan of a merger. (3) By striking 53-5-2. and inserting in lieu thereof 53-5-2 of the `Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the `Revised Probate Code of 1998.' in paragraph (5) of subsection (b) of Code Section 14-8-25, relating to the incidents of tenancy in partnership. SECTION 15 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended as follows: (1) By striking in accordance with Article VI, Section VIII of the Constitution from subsection (a) of Code Section 15-6-27, relating to alternative procedure for hiring personnel employed by superior court judges; authority, duties; uniform policies, rules, and regulations; leave; salaries; expenses; supplies; local supplements; and county employees. (2) By striking 53-3-14 and inserting in lieu thereof 53-3-14 of the `Pre-1998 Probate Code,' if applicable, or Code Sections 53-5-22, 53-11-3, 53-11-4, and 53-11-9 of the `Revised Probate Code of 1998' in paragraph (11); by striking 53-3-17 and inserting in lieu thereof 53-3-17 of the `Pre-1998 Probate Code,' if applicable in paragraph (12); by striking 53-4-30, et. seq. and inserting in lieu thereof 53-4-30, et. seq., of the `Pre-1998 Probate Code,' if applicable, or Code Sections 53-2-20 through 53-2-26 of the `Revised Probate Code of 1998' in paragraph (13); by striking 53-5-8 and inserting in lieu thereof 53-5-8 of the `Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-6 and 53-3-7 of the `Revised Probate Code of 1998' in paragraph (14); by striking 53-5-21 and inserting in lieu thereof 53-5-21 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-3-20 of the `Revised Probate Code of 1998' in paragraph (15); by striking 53-6-29 and inserting in lieu thereof 53-6-29 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-6-13 of the `Revised Probate Code of 1998' in paragraph (16); by striking 53-6-99 and inserting in lieu thereof 53-6-99 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-6-43 of the `Revised Probate Code of 1998' in paragraph (17); by striking 53-6-126 and inserting in lieu thereof 53-6-126 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-13 of the `Revised Probate Code of 1998' in paragraph (18); by striking 53-7-37 and inserting in lieu thereof 53-7-37 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-6-53 of the `Revised Probate Code of 1998' in paragraph (19); by striking 53-7-148 and inserting in lieu thereof 53-7-148 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-55 of the `Revised Probate Code of 1998' in paragraph (20); by striking 53-7-149 and inserting in lieu thereof 53-7-149 of the

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`Pre-1998 Probate Code,' if applicable, or Code Section 53-7-56 of the `Revised Probate Code of 1998' in paragraph (21); by striking 53-7-167 and inserting in lieu thereof 53-7-167 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-61 of the `Revised Probate Code of 1998' in paragraph (22); By striking 53-7-183 and inserting in lieu thereof 53-7-183 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-72 of the `Revised Probate Code of 1998' in paragraph (23); by striking 53-7-184 and inserting in lieu thereof 53-7-184 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-7-73 of the `Revised Probate Code of 1998' in paragraph (24); and by striking 53-8-34. and inserting in lieu thereof 53-8-34 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-8-13 of the `Revised Probate Code of 1998.' in paragraph (25) of subsection (e) of Code Section 15-9-86.1, relating to statements in lieu of stating the time of hearing in certain proceedings. (3) By striking 53-3-22 and inserting in lieu thereof 53-3-22 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-5-25 of the `Revised Probate Code of 1998' in paragraph (3) of Code Section 15-9-127, relating to additional concurrent jurisdiction of the probate courts and superior courts. (4) By deleting the comma following 19-7-22 at the end of subparagraph (E) of paragraph (10.1) of Code Section 15-11-2, relating to definitions relative to juvenile proceedings. (5) By striking 15-11-43 and inserting in lieu thereof 15-11-49 in Code Section 15-11-36.1, relating to counseling or counsel and advice for children and their parents or guardians. (6) By striking the transfer of a child from the custody of the Department of Juvenile Justice to the custody of the Department of Corrections as provided in Code Section 49-5-10.1 or as prohibiting from subsection (c) of Code Section 15-11-38, relating to the nature and effect of adjudication, use of disposition and evidence, and commitment of child to penal institution prohibited. (7) By striking their and inserting in lieu thereof his or her in paragraph (8) of subsection (c) of Code Section 15-11-59, relating to maintenance and inspection of juvenile law enforcement records. (8) By striking Prosecuting Attorneys' Council of Georgia and inserting in lieu thereof Prosecuting Attorneys' Council of the State of Georgia in subsections (a), (c), and (f) and in paragraph (1) of subsection (e) of Code Section 15-18-12, relating to travel expenses, limitations, advance travel funds, provision of county vehicle, travel budgets for judicial circuits, and budget request for state funds. (9) By striking victims and inserting in lieu thereof victims' in subsection (c) of Code Section 15-18-14.2, relating to victim assistance coordinator.

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(10) By striking ; and and inserting a period at the end of subsection (a) of Code Section 15-23-7, relating to the collection of additional legal costs in civil actions for purposes of providing court-connected or court-referred alternative dispute resolution programs. SECTION 16 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended as follows: (1) By striking (d), (e), (f), and (g) and inserting in lieu thereof (d) through (i) in subsection (c), by striking the period and inserting in lieu thereof ; and at the end of paragraph (1) of subsection (f), and by deleting (f) from paragraph (2) of subsection (f) of Code Section 16-5-23.1, relating to the offense of battery. (2) By striking Chapter 6 of Title 53, relating to the administration of estates, and inserting in lieu thereof Chapter 6 of Title 53 of the `Pre-1998 Probate Code,' relating to the administration of estates, if applicable, or Chapter 6 of Title 53 of the `Revised Probate Code of 1998' and other provisions in such revised probate code relating to the administration of estates in division (12)(B)(i) of Code Section 16-14-3, relating to definitions relative to racketeer influenced and corrupt organizations. SECTION 17 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended as follows: (1) By adding of the State of Georgia following Prosecuting Attorneys' Council in Code Section 17-12-41, relating to proposal and adoption of guidelines for the operation of Article 2 of Chapter 12 of Title 17, regarding the state funded local indigent defense programs. SECTION 18 . Reserved. SECTION 19 . Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, is amended as follows: (1) By deleting the (a) designation from Code Section 19-11-33, relating to notices regarding the enforcement of duty of support. SECTION 20 . Title 20 of the Official Code of Georgia Annotated, relating to education, is amended as follows: (1) By adding and at the end of paragraph (4) of subsection (b) of Code Section 20-2-506, relating to definitions relative to contracts and

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purchases by public schools and authority to enter into multiyear lease, purchase, or lease purchase contracts. (2) By striking propose of and inserting in lieu thereof purpose of and by striking 20-2-752 and inserting in lieu thereof 20-2-751.2 in subsection (b) of Code Section 20-2-670, relating to requirements for transferring students beyond sixth grade, conditional admission, and compliance. (3) By deleting in subsection (d) from subsection (d) of Code Section 20-2-769, relating to authorized alternative school programs and annual reports. SECTION 21 . Reserved. SECTION 22 . Reserved. SECTION 23 . Reserved. SECTION 24 . Reserved. SECTION 25 . Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended as follows: (1) By inserting may be preceding cited in Code Section 25-11-1, relating to the Georgia Fire Sprinkler Act. (2) By striking him or her and inserting in lieu thereof the Commissioner in subsection (a) of Code Section 25-11-7, relating to a fire protection system designer license. (3) By striking severed by delivery and inserting in lieu thereof served by delivery in subsection (d) of Code Section 25-11-16, relating to a cease and desist order against violators, penalty for violations, order requiring compliance, and revocation of certificate for failure to comply with the order. SECTION 26 . Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended as follows: (1) By striking his/her and inserting in lieu thereof his or her and by striking non-profit and inserting in lieu thereof nonprofit in

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subsection (d) of Code Section 26-2-373.1, relating to use of hair nets or hats by food preparers and violation penalties. SECTION 27 . Reserved. SECTION 28 . Reserved. SECTION 29 . Reserved. SECTION 30 . Reserved. SECTION 31 . Title 31 of the Official Code of Georgia Annotated, relating to health, is amended as follows: (1) By striking agreement and inserting in lieu thereof agreements in paragraph (5) of Code Section 31-1-21, relating to definitions relative to patient access to eye care. (2) By striking CPT and inserting in lieu thereof current procedural terminology in paragraph (1) of subsection (a) of Code Section 31-1-22, relating to health care insurers providing benefit plan including eye care. (3) By striking in its entirety subsection (d), relating to the purpose of enjoining violations of reserved Chapter 25 of Title 31, of Code Section 31-5-9, relating to injunctions for enjoining violations of the provisions of this title. (4) By striking , provided that only the Commissioner of Agriculture shall have the authority to obtain an inspection warrant in connection with matters arising under Chapter 25 of this title from Code Section 31-5-21, relating to persons who may obtain inspection warrants and authorization of searches and inspections of property. (5) By striking as such Code section may be enacted by HB 600 during the 1997 regular session of the General Assembly from the undesignated language following paragraph (3) of subsection (a) of Code Section 31-7-74.3, relating to sale or lease by hospital authority, hearing required, factors to be considered at hearing, applicability, and requirements for lease. (6) By deleting and from the end of subparagraph (b)(1)(B) of Code Section 31-7-403, relating to certification of interest in acquiring entity, certification of financial interest in business associated with party in

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disposition, statement of fair dealing, and opposing board members exempt from Code section. (7) By deleting the comma following copies in subsection (e) of Code Section 31-10-21, relating to record of marriage licenses. (8) By deleting the comma following agency in paragraph (2) of subsection (a) of Code Section 31-21-44.1, relating to abuse of a dead body. SECTION 32 . Reserved. SECTION 33 . Reserved. SECTION 34 . Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended as follows: (1) By inserting a comma following the word firm in subsection (d) of Code Section 34-1-5, relating to multiracial classification required on forms. (2) By striking pay day and inserting in lieu thereof payday twice in Code Section 34-7-5, relating to redemption of checks or other written evidences of indebtedness for wages. (3) By inserting a comma following the word recover in Code Section 34-7-23, relating to assumption of risk by employees and requirements for recovery of damages. (4) By striking Chapter 9 of Title 34 and inserting in lieu thereof this chapter in subsection (c) of Code Section 34-9-24, relating to a fraud and compliance unit, creation and duties, limitation on liability, authority, and whistle blower protection. (5) By striking without this state and inserting in lieu thereof outside this state in Code Section 34-9-106, relating to entry and execution of judgment on settlement agreement, final order or decision, or award and modification and revocation of orders and decrees. (6) By striking the periods at the end of paragraphs (1) through (3) and inserting in lieu thereof semicolons and by striking the period at the end of paragraph (4) and inserting in lieu thereof ; and in Code Section 34-9-384, relating to general powers of the board of trustees. (7) By striking subsections (a) and (b) and inserting in lieu thereof subsections (a) and (c) in subsection (d) of Code Section 34-9-385, relating to bankruptcy of participants.

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SECTION 35 . Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, is amended as follows: (1) By inserting of the State of Georgia following Prosecuting Attorneys' Council in paragraph (1) of subsection (a) of Code Section 35-6A-3, relating to the Criminal Justice Coordinating Council membership, vacancies, and membership not bar to holding public office. (2) By deleting and at the end of subparagraph (B.1) of paragraph (8) and by inserting or her following his in paragraph (9) of Code Section 35-8-2, relating to definitions relative to employment and training of peace officers. SECTION 36 . Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended as follows: (1) By striking 53-5-2 and inserting in lieu thereof 53-5-2 of the `Pre-1998 Probate Code,' if applicable, or Code Sections 53-3-1, 53-3-2, 53-3-4, 53-3-5, and 53-3-7 of the `Revised Probate Code of 1998' in subsection (b) of Code Section 36-61-9, relating to the power of eminent domain for cities and counties. (2) By striking sold waste and inserting in lieu thereof solid waste in paragraph (2) of subsection (d) of Code Section 36-80-16, relating to the Local Government Authorities Registration Act. (3) By striking assistance to and inserting in lieu thereof assistance for in subparagraph (D) of paragraph (6) of Code Section 36-88-3, relating to definitions relative to the Enterprise Zone Employment Act. SECTION 37 . Reserved. SECTION 38 . Title 38 of the Official Code of Georgia Annotated, relating to military, emergency management, and veterans affairs, is amended as follows: (1) By inserting of this subparagraph following division (ii) in division (a)(1)(B)(i), by deleting the quotation marks in division (a)(1)(B)(ii), and by inserting of this subsection following paragraph (2) in paragraph (1) of subsection (e) of Code Section 38-2-279, relating to rights of public officers and employees absent on military duty as members of organized militia or reserve forces. SECTION 39 . Reserved.

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SECTION 40 . Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended as follows: (1) By repealing and reserving Code Section 40-2-46, relating to license plate to commemorate the 1996 Olympic Games. SECTION 41 . Reserved. SECTION 42 . Reserved. SECTION 43 . Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended as follows: (1) By inserting a comma between provided and further in Code Section 43-3-37, relating to use of acquired materials in a civil action. (2) By striking months experience and inserting in lieu thereof months' experience in Code Section 43-10-14, relating to study by persons 16 years of age and older, registration of students and apprentices, and registration certificate. (3) By striking for a term of four years and inserting in lieu thereof for terms of four years each in Code Section 43-34-22, relating to composition of the State Board of Medical Examiners, terms of office, representation of congressional districts, and vacancies. (4) By striking division (B)(x) and inserting in lieu thereof division (x) of subparagraph (B) in subparagraph (A) of paragraph (17) and by striking Title 43 and inserting in lieu thereof this title in division (17)(B)(x) of Code Section 43-47-2, relating to definitions relative to used motor vehicle and used motor vehicle parts dealers. SECTION 44 . Title 44 of the Official Code of Georgia Annotated, relating to property, is amended as follows: By striking Code Section 53-4-2, and inserting in lieu thereof Code Section 53-4-2 of the 'Pre-1998 Probate Code, if applicable, or Code Sections53-1-7 and 53-2-1 of the `Revised Probate Code of 1998,' in subsection (i) of Code Section 44-2-131, relating to declaration of title by descent upon petition and rights of the surviving spouse. (2) By striking Code Sections 53-8-1 through 53-8-4. and inserting in lieu thereof Code Sections 53-8-1 through 53-8-4 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-8-1 and Code Section

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53-12-287 of the `Revised Probate Code of 1998.' in division (c)(2)(G)(i) of Code Section 44-3-134, relating to registration of dealers and cemeteries, perpetual care cemetery trust accounts, and preneed escrow accounts. (3) By inserting of this Code section following subsection (c) in subsection (b) of Code Section 44-14-1, relating to operation of openend clauses and limited to ex contractu obligations between parties. SECTION 45 . Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended as follows: (1) By striking what is its staff size and composition and inserting in lieu thereof what are its staff size and composition in paragraph (1) of subsection (d) of Code Section 45-12-178, relating to ongoing review by Governor of all programs and functions in state government. (2) By striking performance and exercise is and inserting in lieu thereof performance and exercise are in subparagraph (E) of paragraph (9) of Code Section 45-16-21, relating to definitions relative to death investigations. (3) By codifying subsection (a) of Section 11 of HB 557 (Ga. L. 1997, p. 1421), which reads as follows, as subsection (h) of Code Section 45-16-22, relating to medical examiners' inquiries and facilities, persons authorized to perform inquiries, payment of fees, jurisdiction, and clerical and secretarial assistance: (h) Any person holding office as a medical examiner pursuant to an appointment of the state medical examiner on May 1, 1997, shall continue in the exercise of his or her functions and duties until such person's successor has been duly appointed. (4) By codifying subsection (b) of Section 11 of HB 557 (Ga. L. 1997, p. 1421), which reads as follows, as Code Section 45-16-49: The fees heretofore authorized to be paid in cases arising under this article prior to May 1, 1997, 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 by paragraph (5) of Code Section 35-3-151. (5) By deleting of this Code section from subsection (b) of Code Section 45-18-5, relating to county officers and employees. SECTION 46 . Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended as follows:

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(1) By striking for that exchanges and inserting in lieu thereof for that exchange in paragraph (2) of subsection (b) and paragraph (2) of subsection (c) of Code Section 46-2-25.3, relating to toll-free calss within 22 miles of exchange, hearings, and net gain defined. SECTION 47 . Reserved. SECTION 48 . Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended as follows: (1) By adding of this Code section following subsection (c) in subsection (b), by striking the effective date of this Act and inserting in lieu thereof April 14, 1997, in subparagraph (c) (2) (H), and by striking paragraph (3) of subsection (c) of this Code section and inserting in lieu thereof paragraph (3) of this subsection in subparagraph (c) (3) (I) of Code Section 48-3-19, relating to transfer of executions. (2) By striking Chapter 5 of Title 53. and inserting in lieu thereof Chapter 5 of Title 53 of the `Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the `Revised Probate Code of 1998.' in paragraph (2) of subsection (j) of Code Section 48-5-7.2, relating to certification as rehabilitated historic property for purposes of preferential assessment for ad valorem taxation. (3) By striking Chapter 5 of Title 53. and inserting in lieu thereof Chapter 5 of Title 53 of the `Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the `Revised Probate Code of 1998.' in paragraph (2) of subsection (j) of Code Section 48-5-7.3, relating to ad valorem taxation of landmark historic property. (4) By inserting (c) preceding the paragraph (1) designation in the unlettered paragraph following paragraph (3) of subsection (b) of Code Section 48-5-48.1, relating to tangible personal property inventory exemption, application, and failure to file application as waiver of exemption. (5) By striking Chapter 5 of Title 53. and inserting in lieu thereof Chapter 5 of Title 53 of the `Pre-1998 Probate Code,' if applicable, or Chapter 3 of Title 53 of the `Revised Probate Code of 1998.' in subsection (b) of Code Section 48-5-76, relating to liens for deferred taxes and interest. (6) By striking subsection (b) of Code Section 21-2-212 and inserting in lieu thereof subsection (c) of Code Section 21-2-213 four times in paragraph (2) of subsection (b) and by striking Code Section 21-2-212 and inserting in lieu thereof Code Section 21-2-213 in subsection (d)

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of Code Section 48-5-183, relating to salaries of tax collectors and tax commissioners. (7) By inserting where the owner claims a homestead exemption or, if no such exemption is claimed, then in the county preceding of the owner's domicile in the first sentence of paragraph (1) of subsection (a) of Code Section 48-5-444, relating to the place of return of motor vehicles and mobile homes. (8) By striking 53-5-11 and inserting in lieu thereof 53-5-11 of the `Pre-1998 Probate Code,' if applicable, or Code Section 53-3-11 of the `Revised Probate Code of 1998' in paragraph (6) of subsection (a) of Code Section 48-6-2, relating to exemptions from real estate transfer tax. (9) By striking enterprises's and inserting in lieu thereof enterprise's in subsection (d) of Code Section 48-7-40.12, relating to tax credit for qualified research expenses. (10) By striking the colon and inserting in lieu thereof a semicolon at the end of subparagraph (E) of paragraph (57) and by striking U.S.A; or and inserting in lieu thereof U.S.A.; or at the end of paragraph (59) of Code Section 48-8-3, relating to exemptions from the state sales and use tax. (11) By striking subsections (b) through (f) and inserting in lieu thereof subsections (b) through (g) in subparagraph (A) of paragraph (2) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines. SECTION 49 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended as follows: (1) By striking the period and inserting in lieu thereof a semicolon at the end of subparagraph (a) (6) (D) and by striking paragraphs (1) and (2) and inserting in lieu thereof items (1) and (2) in paragraph (1) of subsection (c.1) of Code Section 49-4-146.1, relating to unlawful acts, violations and penalties, recovery of excess amounts, and termination and reinstatement of providers. (2) By striking indirectly Medicaid fraud, and inserting in lieu thereof indirectly, Medicaid fraud in paragraph (6) of subsection (a) and by striking property is and inserting in lieu thereof property are in paragraph (6) of subsection (n) of Code Section 49-4-146.3, relating to forfeiture of property and proceeds obtained through Medicaid fraud, fraud forfeiture proceedings, seizure of property subject to forfeiture, lien, inventory, and court orders. (3) By deleting the duplicate entry for the year 1998 in the table at the end of paragraph (10) of Code Section 49-4-181, relating to definitions relative to temporary assistance for needy families.

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(4) By inserting Section following U.S.C. in paragraph (11) of subsection (b) and by striking Number and inserting in lieu thereof The number in subparagraph (c) (3) (H) of Code Section 49-4-183, relating to administration of article by Department of Human Resources, promulgation of rules and regulations by board, and duties of department. (5) By striking accrue or have and inserting in lieu thereof accrues or has in paragraph (3) and by inserting the preceding the quotation marks in paragraph (5) of subsection (a) of Code Section 49-4-184, relating to eligibility for assistance. (6) By striking on a full and inserting in lieu thereof on a full-time in paragraph (2) of subsection (c) of Code Section 49-4A-5, relating to transfer of functions and employees of the Division of Youth Services and personnel administration. (7) By striking this article and inserting in lieu thereof this chapter in paragraph (4) of subsection (a) of Code Section 49-4A-7, relating to powers and duties of the Department of Juvenile Justice. (8) By inserting a comma following Act in subsection (e) of Code Section 49-5-183.1, relating to notice to alleged child abuser of classification, hearing, order, appeal, transmission of name of alleged abuser or decision on abuser's status to division, and children under 14 years of age not required to testify. SECTION 50 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended as follows: (1) By striking cost effective and inserting in lieu thereof costeffective in subsection (a) of Code Section 50-5-32, relating to administrative space utilization management, leased space included, rental charges, and contract obligations not impaired. (2) By striking Code Section 50-7-51 and inserting in lieu thereof this Code section in subsection (d) of Code Section 50-7-51, relating to authority and duties of the Department of Industry, Trade, and Tourism and local government, purposes of local government, and lease of property. (3) By striking transactions. Nor and inserting in lieu thereof transactions; nor in subsection (b) of Code Section 50-8-61, relating to prohibited employment of employee of a center or nonprofit corporation and penalties. (4) By inserting Section following U.S.C.A. each time it appears and by adding a comma following 1601 in subsection (d) of Code Section 50-8-93, relating to review of area plans, designation as official

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planning agency, and responsibility to carry out assigned or delegated planning functions for an area. (5) By inserting of this Code section following subsection (h) in subsection (c) and the introductory language of subsection (b) and by striking Act and inserting in lieu thereof Code section and by inserting a comma twice following address in subsection (i) of Code Section 50-13-9.1, relating to variances or waivers to rules. (6) By codifying the following language of Section 2 of SB 119 (Ga. L. 1997, p. 1525) as Code Section 50-17-50.1: 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. (7) By striking disclosure. Provided, further, and inserting in lieu thereof disclosure; provided, however, in subsection (a) and by inserting of this Code section following subsection (a) in subsection (b) of Code Section 50-18-70, relating to inspection of public records, printing of computerized indexes of county real estate deed records, and time for determination of whether requested records are subject to access. (8) By inserting an between means and officer in paragraph (7) of Code Section 50-21-22, relating to definitions relative to state tort claims. (9) By striking act and inserting in lieu thereof article in Code Section 50-21-24.1, relating to workers' compensation exclusive remedy not waived and workers' compensation fund to pay claims. (10) By striking Chapter 13 of Title 50 and inserting in lieu thereof Chapter 13 of this title in subsection (c) of Code Section 50-21-26, relating to notice of claim against state, time for commencement of action, copying and examination of records of state government entities to facilitate investigation of claims, and confidential nature of documents and information furnished. (11) By striking it may deem and inserting in lieu thereof the director may deem in paragraph (8) of subsection (c) of Code Section 50-30-5, relating to board of directors, director of institute, compensation and expenses, and powers and duties of the director. SECTION 51 . Reserved. SECTION 52 . Reserved.

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SECTION 53 . Reserved. SECTION 54 . Except for Title 47, the text of Code sections and title, chapter, article, part, subpart, Code section, subsection, paragraph, subparagraph, division, and subdivision numbers and designations as contained in the Official Code of Georgia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volumes 3 through 40 of such publication or replacement volumes thereto, as amended by the text and numbering of Code sections as contained in the 1997 supplements to the Official Code of Georgia Annotated published under authority of the state in 1997 by the Michie Company, is reenacted and shall have the effect of statutes enacted by the General Assembly of Georgia. Annotations; editorial notes; Code Revision Commission notes; research references; notes on law review articles; opinions of the Attorney General of Georgia; indexes; analyses; title, chapter, article, part, and subpart captions or headings, except as otherwise provided in the Code; catchlines of Code sections or portions thereof, except as otherwise provided in the Code; and rules and regulations of state agencies, departments, boards, commissions, or other entities which are contained in the Official Code of Georgia Annotated are not enacted as statutes by the provisions of this Act. Material which has been added in brackets or parentheses and editorial, delayed effective date, effect of amendment, or other similar notes within the text of a Code section by the editorial staff of the publisher in order to explain or to prevent a misapprehension concerning the contents of the Code section and which is explained in an editorial note is not enacted by the provisions of this section and shall not be considered a part of the Official Code of Georgia Annotated. The reenactment of the statutory portion of the Official Code of Georgia Annotated by this Act shall not affect, supersede, or repeal any Act of the General Assembly, or portion thereof, which is not contained in the Official Code of Georgia Annotated and which was not repealed by Code Section 1-1-10, specifically including those Acts which have not yet been included in the text of the Official Code of Georgia Annotated because of effective dates which extend beyond the effective date of the Code or the publication date of the Code or its supplements. The provisions contained in other sections of this Act and in the other Acts enacted at the 1998 regular session of the General Assembly of Georgia shall supersede the provisions of the Official Code of Georgia Annotated reenacted by this section.

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SECTION 55 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 56 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. ELECTIONSOFFICIAL CODE OF GEORGIA ANNOTATED; CODE REVISION; CORRECTIONS. Code Title 21, Chapter 2 Amended. No. 522 (House Bill No. 1229). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated; to correct capitalization and spelling in Title 21 of the Official Code of Georgia Annotated; to provide for necessary or appropriate revisions and modernizations of matters contained in Title 21 of the Official Code of Georgia Annotated; to provide for other matters relating to Title 21 of the Official Code of Georgia Annotated; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended as follows: (1) By inserting a comma between office and provided in paragraph (18.1) of Code Section 21-2-2, relating to definitions relative to elections and primaries generally. (2) By striking Upon own his or her and inserting in lieu thereof Upon his or her own in subsection (b) of Code Section 21-2-5, relating to qualifications of candidates for federal and state office and determination of qualifications. (3) By striking the effective date of this subsection, and inserting in lieu thereof April 15, 1996, in subsection (b) of Code Section 21-2-75, relating to eligibility of persons holding elective public office, or office in a political party, to serve on county board of elections.

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(4) By striking the effective date of this Code section, and inserting in lieu thereof April 15, 1996, in Code Section 21-2-76, relating to eligibility of a person holding office in a political party to serve as county election superintendent. (5) By deleting the comma following preference primary in paragraph (2) of subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and the voting procedure when a portion of a county changed from one county to another. (6) By deleting and payment from the last sentence of Code Section 21-2-264, relating to reimbursement of counties for costs incurred pursuant to alteration of precinct boundaries. (7) By striking out of county and inserting in lieu thereof out-of-county in paragraph (1) of subsection (a) of Code Section 21-2-381, relating to making of application for absentee ballot, determination of eligibility by ballot clerk, furnishing of applications to colleges and universities, and persons entitled to make application. (8) By inserting a comma following deputy registrars in paragraph (2) of subsection (a) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector. (9) By striking may be thereafter be destroyed. and inserting in lieu thereof may thereafter be destroyed. in subsection (b) of Code Section 21-2-500, relating to delivery of voting materials to the clerk of the superior court, presentation to the grand jury, and preservation and destruction. (10) By striking 21-2-235 and inserting in lieu thereof 21-2-224 in subsection (c) of Code Section 21-2-501, relating to proportion of vote required for nomination in primary and election in special election or general election and run-off elections, run-off elections, and officers elected by majority until Constitution amended. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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RETIREMENT AND PENSIONSSUPERIOR COURT JUDGES RETIREMENT SYSTEM; BENEFIT INCREASE; LONGEVITY OF SERVICE. Code Section 47-9-70 Amended. No. 523 (House Bill No. 88) AN ACT To amend Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, so as to provide that members of such retirement system who were retired on July 1, 1996, with more than 16 years of creditable service shall receive a benefit increase for each year of service over 16 years; to provide for an initial benefit increase; to provide conditions for the amendment of a certain Act; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-9-70 of the Official Code of Georgia Annotated, relating to retirement and eligibility for benefits under the Superior Court Judges Retirement System and related matters, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. Any member retiring on or after July 1, 1996, and any member who was retired on July 1, 1996, with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the state salary paid to superior court judges at the time of retirement; provided, however, that no member shall receive more than 24 years of creditable service. Any member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-9-71. Any member who was retired on July 1, 1996, with more than 16 years of creditable service shall receive in July, 1998, a one-time benefit payment equal to two times the product of 1 percent of the salary paid to such judge at the time of his or her retirement multiplied by the number of years of creditable service in excess of 16 years. SECTION 2 . If that legislation creating the Georgia Judicial Retirement System, designated as 1997 House Bill 751, is enacted and becomes law, this Act shall

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amend Code Section 47-23-102 of the Official Code of Georgia Annotated created by such Act. SECTION 3 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSGEORGIA FIREFIGHTERS' PENSION FUND; CREDITABLE SERVICE. Code Section 47-7-85 Enacted. No. 524 (House Bill No. 336). AN ACT To amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, so as to provide for creditable service for certain prior service; to provide for matters related thereto; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement in the Georgia Firemen's Pension Fund, is amended by inserting at the end thereof the following: 47-7-85. (a) As used in this Code section, the term `prior eligible service' means service: (1) Rendered by a member of the fund as a fireman or volunteer fireman; and (2) For which the member would otherwise have been eligible for credit if such member had been a member of the fund at the time such service was rendered.

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(b) Any person who is a member of the fund on July 1, 1998, or who becomes a member after that date shall be entitled to credit for up to ten years of prior eligible service, provided that such person satisfies the following requirements: (1) The member or applicant for membership files with the board an application for such credit in the form prescribed by the board; and (2) At the time of application for credit, the member or applicant for membership pays to the fund an amount sufficient to grant the creditable service authorized by this Code section without creating any actuarially determined accrued liability, as a result of granting such creditable service, against the fund, such determination to be made by the board after consultation with an actuary retained by the board. (c) Nothing in this Code section shall alter the requirements for membership in the fund or the limitations on membership or benefits of membership which would otherwise apply absent the benefit of prior eligible service credits under this Code section. 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, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSGEORGIA FIREFIGHTERS' PENSION FUND; BENEFITS ELIGIBILITY. Code Section 47-7-100 Amended. No. 525 (House Bill No. 338). AN ACT To amend Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firefighters' Pension Fund, so as to provide that the surviving spouse of a member of such pension fund who is vested but not yet retired shall be entitled to receive a pension benefit; to provide a survivor's option in the event of the death of any such member not survived by a spouse; to provide

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conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-7-100 of the Official Code of Georgia Annotated, relating to eligibility for pension benefits under the Georgia Firefighters' Pension Fund, is amended by inserting at the end thereof the following: (h) (1) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is survived by a spouse, the surviving spouse shall be entitled to receive a benefit as if the member had elected to receive 100 percent of the member's benefits under Option A as provided in paragraph (1) of subsection (d) of this Code section. Such benefits shall commence on the date the deceased member would have reached the age of 55 years or, at the option of the surviving spouse, on the date the deceased member would have reached the age of 50 years in accordance with the provisions of subsection (f) of this Code section. (2) If any member who has not elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided in this Code section, and such member is not survived by a spouse, the selected beneficiary shall be entitled to receive a benefit as if the member had elected to receive Option B as provided in paragraph (2) of subsection (d) of this Code section. (3) If any member who has elected an option under subsection (d) of this Code section dies after accruing at least 15 years of creditable service but before applying for retirement as provided for in this Code section, the benefits shall be paid in accordance with the option so elected. 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, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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RETIREMENT AND PENSIONSPUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; BENEFIT. Code Section 47-4-101 Amended. No. 526 (House Bill No. 381). AN ACT To amend Code Section 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, so as to increase the retirement benefit; 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 47-4-101 of the Official Code of Georgia Annotated, relating to retirement benefits under the Public School Employees Retirement System, is amended by striking in its entirety subsection (b), and inserting in lieu thereof the following: (b) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $12.00 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future. If the General Assembly at any time appropriates some but not all of the funds necessary to fund the retirement benefits provided for in this subsection, then the retirement benefit otherwise payable under this subsection shall be reduced prorata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $9.50 multiplied by the member's years of creditable service. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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CIVIL PRACTICEDISCOVERY; NONPARTY HEALTH CARE DOCUMENT PRODUCTION; NOTICE. Code Section 9-11-34 Amended. No. 527 (House Bill No. 395). AN ACT To amend Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things under the Georgia Civil Practice Act, so as to require notice to a person who is a nonparty when records relating to such a person are sought from a nonparty practitioner of the healing arts, hospital, or health care facility; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 9-11-34 of the Official Code of Georgia Annotated, relating to the production of documents and things under the Georgia Civil Practice Act, is amended by striking in its entirety subsection (c) and inserting in lieu thereof a new subsection (c) to read as follows: (c) Applicability to nonparties . (1) This Code section shall also be applicable with respect to discovery against persons, firms, or corporations who are not parties, in which event a copy of the request shall be served upon all parties of record; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty or any party may file an objection as provided in subsection (b) of this Code section. If the party desiring such discovery moves for an order under subsection (a) of Code Section 9-11-37 to compel discovery, he or she shall make a showing of good cause to support his or her motion. (2) This Code section shall also be applicable with respect to discovery against a nonparty who is a practitioner of the healing arts or a hospital or health care facility, including those operated by an agency or bureau of the state or other governmental unit. Where such a request is directed to such a nonparty, a copy of the request shall be served upon all parties of record, and where such a request to such a nonparty seeks the records of a person who is not a party, a copy of the request shall be served upon all parties of record, the person whose records are sought, and, if known, that person's counsel; or, upon notice, the party desiring such discovery may proceed by taking the deposition of the person, firm, or corporation on oral examination or

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upon written questions under Code Section 9-11-30 or 9-11-31. The nonparty, any party, or the person whose records are sought may file an objection with the court in which the action is pending and shall serve a copy of such objection on the nonparty to whom the request is directed, who shall not furnish the requested materials until further order of the court, and on all other parties to the action. Upon the filing of such objection, the party desiring such discovery may move for an order under subsection (a) of Code Section 9-11-37 to compel discovery and, if he or she shall make a showing of good cause to support his or her motion, discovery shall be allowed. If no objection is filed within ten days of the request, the nonparty to whom the request is directed shall promptly comply therewith. SECTION 2 . Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1998, and shall apply to requests made on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; SPOUSE'S OPTION. Code Section 47-2-121 Amended. No. 528 (House Bill No. 442). AN ACT To amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, so as to provide that a retired member who marries may elect a spouse's option; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to retirement allowance options under the Employees' Retirement System of Georgia, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following:

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(a) A member may elect to convert the retirement allowance otherwise payable to him or her into a modified retirement allowance of equivalent actuarial value in accordance with one of the options set forth in subsections (b) through (e) of this Code section; provided, however, that the member may only make such election after he or she has become eligible to retire and before the first payment of his or her retirement allowance normally becomes due; provided, further, that if a member was or is unmarried at the time he or she retires and subsequently marries, such member may make such election not later than December 31, 1998, or within six months after the date of marriage, whichever date is later. If a member with a named living beneficiary dies or is determined to be mentally incompetent after becoming eligible to retire, his or her election, or option two in the absence of such election, shall be effective. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; EARLIER RETIREMENT WITH REDUCED BENEFIT. Code Section 47-2-120 Amended. No. 529 (House Bill No. 443). AN ACT To amend Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, so as to provide that members may retire with less than 30 years of service; to provide for a reduced retirement allowance; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Code Section 47-2-120 of the Official Code of Georgia Annotated, relating to retirement allowances under the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: (e) In the case of any member who has at least 25 but less than 30 years of creditable service and who has not reached the age of 60 years upon retirement, the service allowance set forth in subsection (a) of this Code section shall be reduced by an actuarial equivalent certified by the board of trustees. Such reduced amount shall take into consideration the member's age and number of years of creditable service at the time of retirement and shall be sufficient to permit retirement at such age or with such number of years of creditable service without creating any accrued liability against the retirement system. Such reduction shall not apply in calculating the service allowance for disability retirement or death. Any member who retires with less than 30 years of creditable service or who has not obtained the age of 60 at the time of retirement shall not become eligible for postretirement benefit adjustments until such time as the member reaches the age of 60 or would have obtained 30 years of creditable service, whichever occurs earlier. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSSHERIFFS' RETIREMENT FUND OF GEORGIA; RETIREMENT BENEFIT OPTIONS. Code Section 47-16-101 Amended. No. 530 (House Bill No. 464). AN ACT To amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, so as to provide an option whereby the retirement benefits of a retired member who selected a spouses' survivor

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option and whose spouse predeceases him or her shall be increased to the maximum retirement allowance which the retired member would otherwise have been entitled to receive; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, is amended by striking in their entirety subsections (a) and (b) and inserting in lieu thereof the following: (a) At the time a member becomes eligible for retirement benefits, he or she shall choose one of four payment options for retirement benefits. The member must indicate his or her choice of payment options upon the application for retirement benefits filed with the secretary-treasurer. Upon approval of the member's application by the board, such member shall be paid retirement benefits in the form of a monthly sum of money determined in accordance with the option he or she has selected. The four payment options are as follows: (1) Option One shall be known as a 'single life annuity' and shall provide retirement benefits for the life of the member only. If the member has no more than four years of service credited to such member under this chapter, the member shall be paid a benefit of $320.00 per month until the member's death. If the member has more than four years credited to such member under the provisions of this chapter, such member shall be paid a benefit of $320.00 per month, plus $80.00 per month for each additional year of service so credited to the member. If the member has additional service credit not totaling a full year, the further sum of one-twelfth of the amount paid per month for each additional year of service credit over four years shall be paid for each month of additional service so credited to the member; provided, however, that in no case shall such benefits exceed $2,400.00 per month; provided, further, that the board of trustees shall be authorized to increase such benefits by an amount not to exceed 3 percent per annum based on the following factors: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or

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such other factors as the board of trustees shall determine; provided, however, that no such increase shall be made to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of this Code section; (2) Option Two shall be known as a `100 percent joint life annuity' and shall provide retirement benefits for the life of either the member or his or her spouse, whichever is the survivor. The monthly amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be the actuarial equivalent of the monthly retirement payment which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board; (3) Option Three shall be known as the `50 percent contingency life annuity' and shall provide for payment of a 50 percent benefit for the life of the surviving spouse. The amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board; and (4) When Option Two or Three is elected, Option Four shall consist of the added provision that in the event the spouse predeceases the retired member, the retirement allowance payable to the retired member after the death of the spouse shall be equal to the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. The amount to be paid under this option shall be based on the member's age and that of his or her spouse at the member's retirement and shall be computed so as to be actuarially equivalent to the monthly benefit which would have been paid to the member under Option One. Actuarial equivalents shall be computed using a current and accurate mortality table adopted by the board. (b) Under either Option Two, Three, or Four, in the event the spouse of a retired member who is receiving retirement benefits predeceases the retired member, no subsequent spouse of such member shall be entitled to monthly retirement benefits. It is the intent of this Code section to limit retirement benefits under Options Two, Three, and Four, in the event of any such retired member's death, to the spouse of any member who is in life at the time such member is eligible for and is approved for retirement benefits. Benefits payable to the spouse of a deceased member shall be payable for only so long as such spouse remains the widow or widower of such deceased member and should such spouse

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remarry, any benefits payable to such spouse shall cease as of the date of remarriage. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSSUPERIOR COURT CLERKS' RETIREMENT FUND OF GEORGIA; POST-RETIREMENT BENEFIT INCREASES; INVESTMENT POWERS OF BOARD. Code Title 47, Chapter 14 Amended. No. 531 (House Bill No. 571). AN ACT To amend Chapter 14 of Title 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, so as to provide that the board of trustees of such retirement system may grant post-retirement benefit increases under certain circumstances; to change provisions relating to the investment powers of the board of trustees of such retirement fund; 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 47 of the Official Code of Georgia Annotated, relating to the Superior Court Clerks' Retirement Fund of Georgia, is amended by striking the word and at the end of paragraph (7) of subsection (a) of Code Section 47-14-22, relating to powers and duties of the board; by striking the symbol . at the end of paragraph (8) of said subsection and inserting in lieu thereof the symbol and word ; and; and by inserting at the end of said subsection the following: (9) (A) Subject to the terms and limitations of this Code section, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum

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monthly retirement benefit payable under Article 5 of this chapter for persons retiring under this chapter. Such method shall be based upon: (i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (B) No increase granted pursuant to subparagraph (A) of this paragraph shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may become effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect. (C) No increase pursuant to subparagraph (A) of this paragraph shall become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly pursuant to Code Section 47-14-70. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 47-14-23, relating to a special account for funds and the investment powers of the board of trustees, which reads as follows: (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. 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., and inserting in lieu thereof the following: (b) The board of trustees shall have full power to invest and reinvest the assets of the fund and to purchase, hold, sell, assign, transfer, and dispose of any securities and other investments in which assets of the fund have been invested, any proceeds of any investments, and any money belonging to the fund; provided, however, that:

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(1) Such power shall be subject to all terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada; and (2) The board of trustees shall not invest more than 50 percent of fund assets in equities. SECTION 3 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 47-14-40, relating to application for membership in the retirement fund, and inserting in lieu thereof the following: (a) Any clerk, in order to participate in the benefits provided for in this chapter, shall make application to the Superior Court Clerks' Retirement Fund of Georgia upon forms to be furnished for that purpose by the board, giving such information as may be required by the board. He or she shall pay $50.00 per month into the fund. All clerks who made application and are accepted for membership in the fund shall remit to the board, not later than the tenth day of each subsequent month, the amount due under this subsection. SECTION 4 . Said chapter is further amended by striking in their entirety subsections (a), (d), and (e) of Code Section 47-14-70, relating to eligibility for retirement benefits under such retirement fund and related matters, and inserting in lieu thereof, respectively, the following: (a) A member with at least 20 years of service shall receive retirement benefits of $1,700.00 per month upon retirement, provided that at least 12 years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. Subject to the restrictions set out in this subsection, in computing such service, a member also may include service as a deputy clerk of the superior court and not more than four years of service as a member of the armed forces of the United States on active duty during any period of time in which the United States was engaged in an armed conflict, regardless of whether a state of war had been declared by Congress, provided that no service as a member of the armed forces of the United States shall be deemed as service for purposes of obtaining retirement benefits under this chapter

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if such service has or will be used in the determination of the member's eligibility for retirement benefits or allowances from any other state or federal retirement program, excluding social security. A clerk of the superior court may not include service for eligibility purposes for years in which the clerk has not completed the training requirements set out in paragraph (1) of subsection (c) of Code Section 15-6-50. (d) A member with at least 16 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,360.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. (e) A member with at least 12 years of service either as a clerk or deputy clerk shall receive retirement benefits of $1,020.00 per month upon retirement, provided that at least eight years of such service shall have been served as a clerk, and the member must have served continuously as a clerk for the four years immediately preceding the member's retirement. No other type of service shall be counted toward such retirement benefits. SECTION 5 . Said chapter is further amended by striking Code Section 47-14-71, relating to eligibility for disability benefits, and inserting in lieu thereof the following: 47-14-71. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing 16 years of creditable service if the member becomes totally and permanently disabled after commencing service as a clerk. Any such clerk shall be entitled to receive retirement benefits in the amount of $1,700.00 per month. All questions relating to the degree and nature of the total and permanent disability suffered by the clerk shall be determined by the board. SECTION 6 . Said chapter is further amended by striking Code Section 47-14-74, relating to application of certain increases in benefits to benefits paid to surviving spouses, and inserting in lieu thereof the following: 47-14-74. The increases in retirement benefits resulting from changes made in this chapter prior to January 1, 1998, and the increases in retirement benefits resulting from changes made in this chapter during calendar year 1998 shall also be used in the computation of any retirement benefits allowed

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a surviving spouse of a deceased clerk pursuant to the terms of this chapter. SECTION 7 . Said chapter is further amended by striking Code Section 47-14-75, relating to eligibility for certain benefit increases, and inserting in lieu thereof the following: 47-14-75. Any other provisions of this chapter to the contrary notwithstanding, each member who retired prior to July 1, 1998, and all members who have ceased their service as clerks but have not yet reached retirement age shall receive benefits under this chapter in the same amount as a member with the same number of years of service would receive if such member retired on July 1, 1998. This Code section shall not reduce the amount of any benefits which a retired member or the spouse of a deceased member is receiving on June 30, 1998. The increased benefits provided by Code Section 47-14-71 and subsections (a), (d), and (e) of Code Section 47-14-70 shall be paid to retired members and spouses of deceased members, effective on July 1, 1998. SECTION 8 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; DISTRICT ATTORNEY EMPLOYEES; MEMBERSHIP. Code Section 47-2-264.1 Enacted. No. 532 (House Bill No. 724). AN ACT To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement

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System of Georgia, so as to provide that employees of a district attorney who are paid by the office of the district attorney may become members of such retirement system subject to certain conditions; to provide for employer and employee contributions; to provide for creditable service for such persons for prior service; to provide for creditable service for members of such retirement system for prior service as a locally paid employee of a district attorney's office; to provide for matters relative to the foregoing; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership by superior court judges, district attorneys, and other court personnel in the Employees' Retirement System of Georgia, is amended by inserting immediately following Code Section 47-2-264 a new Code section to read as follows: 47-2-264.1. (a) As used in this Code section, the term: (1) `Circuit paid district attorney employee' means any full-time assistant district attorney, secretary, investigator, clerical assistant, paraprofessional, or victim or witness assistance personnel employed by a district attorney of a multicounty judicial circuit from funds paid for the operation of such office by the counties of such judicial circuit and who is not eligible for membership in a county retirement system. (2) `State paid district attorney employee' means any full-time assistant district attorney, secretary, or investigator employed by a district attorney who is a member of this retirement system pursuant to the provisions of Code Section 47-2-262, 47-2-264, or 47-2-265. (b) Upon the enactment of a rule or regulation of each of the counties composing a judicial circuit so authorizing, a circuit paid district attorney employee may, at his or her option, elect to become a member of this retirement system. Once such a rule or resolution is adopted by each county in the judicial circuit, no revocation shall be effective until the rule or resolution is resolved in each such county, and any revocation of the privilege imparted thereby shall not apply to any employee employed prior to the effective date of such revocation. Any such employee shall exercise his or her option to become a member of this retirement system by so notifying the board of trustees not later than 60 days after becoming eligible, and, once made, such election shall be irrevocable. The employing district attorney's office shall deduct from each such member's compensation the member's contribution, and the employing district attorney's office shall pay the employer's contribution

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from funds paid to such office by the counties composing the judicial circuit. (c) Any person electing to become a member of this retirement system pursuant to the provisions of subsection (b) of this Code section shall be subject to the provision of Code Section 47-2-334; provided, however, that any member who, without a break in service, accepts employment as a circuit paid district attorney employee shall continue in the same membership status possessed by the member immediately prior to accepting such employment without any interruption in membership and without the loss of any creditable service. (d) Any member who becomes a member of this retirement system pursuant to the provisions of subsection (b) of this Code section shall be entitled to receive up to five years of creditable service for prior service as a circuit paid district attorney employee during which the member was not a member of any other public retirement system as provided in this subsection. In order to receive such creditable service, the member shall provide the board of trustees with proof satisfactory to the board of the period of employment as a circuit paid district attorney employee and the compensation received during that time and shall pay to the board of trustees the employer and employee contributions which would have been paid by or on behalf of such member if he or she had been a member, together with regular interest thereon. The employing district attorney's office is authorized to supplement such payments from such funds as are available to it from the counties composing the judicial circuit. The member shall receive such creditable service as may be granted without creating any accrued unfunded liability of this retirement system. (e) Any state paid district attorney employee who is a member of this retirement system on July 1, 1998, shall be entitled to receive up to five years of creditable service for prior service as a circuit paid district attorney employee during which the member was not a member of any other public retirement system as provided in this subsection. In order to receive such creditable service, the member shall provide the board of trustees with proof satisfactory to the board of the period of employment as a circuit paid district attorney employee and the compensation received during that time and shall pay to the board of trustees the employer and employee contributions which would have been paid by or on behalf of such member if he or she had been a member, together with regular interest thereon. The employing district attorney's office is authorized to supplement such payments from such funds as are available to it from the counties composing the judicial circuit. The member shall receive such creditable service as may be granted without creating any accrued unfunded liability of this retirement system. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the

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Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSPEACE OFFICERS' ANNUITY AND BENEFIT FUND; DEFINITIONS. Code Section 47-17-1 Amended. No. 533 (House Bill No. 759). AN ACT To amend Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to definitions; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions regarding the Peace Officers' Annuity and Benefit Fund, is amended by striking in its entirety division (5)(I)(i) of Code Section 47-17-1, relating to definitions, and inserting in its place a new division to read as follows: (i) Persons employed by the Department of Children and Youth Services who have been designated by the commissioner of children and youth services to investigate and apprehend delinquent and unruly children who have escaped from an institution or facility or have broken their conditions of supervision; any employee of the Department of Children and Youth Services whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in its institutions, facilities, or programs, or who is a line supervisor of any such employee, provided that the powers of a peace officer have been conferred upon such person pursuant to Chapter 4A of Title 49; SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the

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Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSJUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA; EARNINGS; EMPLOYEE CONTRIBUTION; BENEFITS. Code Sections 47-11-40 and 47-11-71 Amended. No. 534 (House Bill No. 780). AN ACT To amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the amount of salary which may be considered earnings for purposes of such retirement fund; to change the employee contribution in such retirement fund; to change the calculation of benefits; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety paragraph (5) of Code Section 47-11-40, relating to eligibility to participate in such retirement fund, and inserting in lieu thereof the following: (5) As to judges of the probate courts or employees of the board, file with such application a sworn statement setting out the length of time served as judge of the probate court by the applicant since December 22, 1953, or as an employee of the board since January 1, 1990, and such judge's net earnings for each month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his or her office if he or she is on a fee basis, but by the gross amount if he or she is on salary; provided, however, that if by either method the income of such judge of the probate court or employee of the board for his or her service as such:

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(A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month for any calendar year prior to 1979, such income shall be deemed to be not more than $12,000.00 during such year and shall be adjusted to this figure; (B) Exceeds $6,000.00 or an average of more than $1,000.00 per month for the six-month period beginning January 1, 1979, and ending June 30, 1979, such income shall be deemed to be not more than $6,000.00 during such six-month period and shall be adjusted to this figure; (C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the six-month period beginning July 1, 1979, and ending December 31, 1979, such income shall be deemed to be not more than $7,500.00 during such six-month period and shall be adjusted to this figure; (D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month for any calendar year after 1979, such income shall be deemed to be not more than $15,000.00 during such year and shall be adjusted to this figure; (E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month for any calendar year after 1990, such income shall be deemed to be not more than $20,000.00 during such year and shall be adjusted to this figure; (F) Exceeds $25,000.00 per annum or an average of more than $2,083.33 per month for any calendar year after 1992, such income shall be deemed to be not more than $25,000.00 during such year and shall be adjusted to this figure; or (G) Exceeds $30,000.00 per annum or an average of more than $2,500.00 per month for any calendar year after 1998, such income shall be deemed to be not more than $30,000.00 during such year and shall be adjusted to this figure; provided, however, that the board of trustees is authorized to increase such amounts by not more than 3 percent each year, provided that such increase is based upon: (i) The recommendation of the actuary of the board of trustees; (ii) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (iii) Such other factors as the board deems relevant. SECTION 2 . Said chapter is further amended by striking in its entirety paragraph (8) of such Code section and inserting in lieu thereof the following:

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(8) As to judges of the probate courts or employees of the board, tender to the board with such monthly statements 5 percent of such earnings for that month as monthly dues, but such monthly dues shall not average more than 5 percent of the limitations provided for in paragraph (5) of this Code section during any such calendar year or six-month period specified in paragraph (5) of this Code section; provided, however, that for service performed on or after July 1, 1998, such persons shall remit the sum certain of $105.00; and SECTION 3 . Said chapter is further amended by striking in its entirety paragraph (2) of subsection (a) of Code Section 47-11-71, relating to the amount of retirement benefits under such retirement fund and related matters, and inserting in lieu thereof the following: (2) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 on or after July 1, 1996, shall be paid a monthly sum equal to 5 percent of the judge's or employee's final monthly net earnings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in subparagraph (G) of paragraph (5) of Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 years. No time for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service. SECTION 4 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CONSERVATION AND NATURAL RESOURCESSURFACE MINING; BORROW PITS OF CERTAIN SIZE EXCLUDED. Code Section 12-4-72 Amended. No. 535 (House Bill No. 844). AN ACT To amend Code Section 12-4-72, relating to definitions relative to the Georgia Surface Mining Act of 1968, so as to provide that certain borrow

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pits shall not be regulated as surface mines; 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 12-4-72, relating to definitions relative to the Georgia Surface Mining Act of 1968, is amended by inserting immediately following paragraph (1) the following: (1.1) `Borrow pit' means an excavated area where naturally occurring earthen materials are to be removed for use as ordinary fill at another location. SECTION 2 . Said Code section is further amended by striking in its entirety paragraph (15) and inserting in lieu thereof the following: (15) `Surface mining' means any activity constituting all or part of a process for the removal of minerals, ores, and other solid matter for sale or for processing or for consumption in the regular operation of a business. Tunnels, shafts, borrow pits of less than 1.1 disturbed acres, and dimension stone quarries shall not be considered to be surface mining. 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 March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; FOUNDATION FOR PUBLIC BROADCASTING IN GEORGIA, INC.; PRIOR SERVICE CREDIT FOR CERTAIN EMPLOYEES. Code Section 47-2-325 Enacted. No. 536 (House Bill No. 885). AN ACT To amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities

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and commissions, so as to provide for credit for prior service as an employee of the Foundation for Public Broadcasting in Georgia, Inc.; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees of certain state authorities and commissions, is amended by inserting at the end thereof the following: 47-2-325. Any member who was formerly an employee of the Foundation for Public Broadcasting in Georgia, Inc., who became an employee of the Georgia Public Telecommunications Commission created July 1, 1990, by Chapter 13 of Title 20, and who became a member of this retirement system at that time shall be eligible to receive credit for previous employment service with the Foundation for Public Broadcasting in Georgia, Inc., upon payment to the retirement system of his or her accrued liability, as determined by the board of trustees. Such option must be exercised by such member not later than December 31, 1998. Any member electing such option may purchase all or any portion of his or her previous employment service with the Foundation for Public Broadcasting in Georgia, Inc., and full payment for the accrued liability of such service shall be made at the time of such election. Each such member shall be allowed one election and no additional service may subsequently be purchased. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; ELECTION NOT TO BECOME MEMBER OR TO WITHDRAW BY OLDER EMPLOYEE. Code Section 47-2-72 Enacted. No. 537 (House Bill No. 936). AN ACT To amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that any person who first becomes an employee at age 60 or later may elect not to become a member of such retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, is amended by inserting at the end thereof the following: 47-2-72. (a) Any other provision of this article to the contrary notwithstanding, any person who first becomes an employee of an employer at age 60 or later may elect not to become a member of this retirement system. Such election shall be made in writing to the board within 30 days of first becoming an employee of an employer; otherwise, the person shall become a member of this retirement system. The election provided for in this subsection shall be irrevocable. (b) Any active member of this retirement system on July 1, 1998, who was age 60 or older when he or she first became a member of this retirement system may elect to withdraw his or her membership and receive the total of his or her employee contributions with regular interest thereon. Such election shall be made in writing to the board not later than August 1, 1998; otherwise, the member shall remain a member of this retirement system. The election provided for in this subsection shall be irrevocable. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be

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automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; DISTRICT ATTORNEY EMPLOYEES; MEMBERSHIP. Code Section 47-2-267 Enacted. No. 538 (House Bill No. 937). AN ACT To amend Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, so as to provide that employees of district attorneys shall be members of such retirement system; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 7 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System by superior court judges, district attorneys, and related matters, is amended by inserting at the end thereof the following: 47-2-267. Except as provided in Code Section 47-2-265, each full-time employee of a district attorney, which employee is compensated through funds appropriated by the General Assembly, shall be a member of this retirement system as a condition of employment. Any such employee who is already a member of this retirement system by virtue of service with another employer shall be entitled to credit for all service rendered while an employee under the retirement system. All contributions required under this chapter shall be paid from funds appropriated or otherwise available for the operation of the superior courts. The Department of Administrative Services shall deduct from the state salaries paid to such members the employee contributions required by this chapter.

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SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSREGENTS RETIREMENT PLAN; EMPLOYEES NOT ELIGIBLE FOR CERTAIN BENEFITS UNDER TEACHERS' RETIREMENT SYSTEM OF GEORGIA. Code Section 47-21-16 Amended. No. 539 (House Bill No. 943). AN ACT To amend Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the Regents Retirement Plan, so as to provide that the Teachers' Retirement System of Georgia shall not pay a benefit based upon service rendered by a member of the Regents Retirement Plan; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 21 of Title 47 of the Official Code of Georgia Annotated, relating to the Regents Retirement Plan, is amended by striking in its entirety Code Section 47-21-6, relating to the payment of retirement, death, and disability benefits, and inserting in lieu thereof the following: 47-21-6. No retirement, death, or other benefit shall be paid by the Teachers Retirement System of Georgia to or on behalf of a participating employee in the optional retirement plan based upon any service rendered by such employee while a member of the optional retirement plan or while covered by such plan. Benefits are payable to participating employees or their beneficiaries by the designated companies in accordance with the terms of the annuity contracts.

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SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; CREDIT FOR CERTAIN PRIOR SERVICE. Code Section 47-2-96.2 Enacted. Code Section 47-2-334 Amended. No. 540 (House Bill No. 944). AN ACT To amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to provide creditable service for certain prior service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, is amended by inserting immediately following Code Section 47-2-96.1 the following: 47-2-96.2. (a) As used in this Code section, `uncredited full-time service' means employment by the executive branch of the state government after January 1, 1980, and prior to January 1, 1986, on a full-time salaried basis for which the employee was authorized to accrue annual and sick leave but which did not qualify the employee to be a member of the retirement system. (b) A member may not obtain more than three years of creditable service for uncredited full-time service. The member claiming such creditable service shall pay to the board of trustees the employer and employee contribution that would have been paid to the retirement

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system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the service which is claimed as creditable service together with regular interest thereon. (c) The board of trustees shall require such proof of service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1999. SECTION 2 . Said chapter is further amended by striking paragraph (2) of subsection (f) Code Section 47-2-334, relating to service retirement and related matters for members who became members on or after July 1, 1982, and inserting the following: (2) Except as otherwise provided in Code Sections 47-2-96.1, 47-2-96.2, 47-2-204, 47-2-225, and 47-2-266 and paragraph (3) of this subsection, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and. SECTION 3 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSTEACHERS RETIREMENT SYSTEM OF GEORGIA; BENEFITS; ELECTIONS; DEATH OF DESIGNATED RECIPIENT. Code Section 47-3-121 Amended. No. 545 (House Bill No. 1081). AN ACT To amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers

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Retirement System of Georgia, so as to provide that upon the death of a designated recipient of continued benefits as elected by a retired member, the retired member may cancel the previous election and begin receiving a regular benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement System of Georgia, is amended by striking in its entirety subsection (k) and inserting in lieu thereof the following: (k) Any retired member who elected option two, three, or four may, after the death of the person designated by the retired member to continue receiving monthly benefits, revoke the election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option. Such new option shall be effective on the first day of the month following the month in which such new election is made. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSPUBLIC RETIREMENT AND PENSION SYSTEMS; DEATH OF PRIMARY BENEFICIARY; SURVIVOR'S BENEFITS. Code Section 47-1-14 Enacted. No. 546 (House Bill No. 1096). AN ACT To amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and

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pensions, so as to provide that in the event a person designated as the primary beneficiary by a member of a public retirement or pension system does not survive the member by at least 32 days, any survivor's benefits shall be paid to the secondary beneficiary; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, is amended by inserting at the end thereof the following: 47-1-14. Unless otherwise expressly stated elsewhere in this title, in the event a person designated by a member of a public retirement or pension system created by this title as the primary beneficiary of a survivor's benefit provided by such system does not survive the member by at least 32 days, any such benefits shall be paid to the secondary beneficiary, or as otherwise provided by law. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. FIRE PROTECTION AND SAFETYBLASTING OR EXCAVATING NEAR UTILITY FACILITIES. Code Section 25-9-2 Amended. No. 547 (House Bill No. 1098). AN ACT To amend Chapter 9 of Title 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, so as to change the definition of the term utility facility; 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 25 of the Official Code of Georgia Annotated, relating to blasting or excavating near underground gas pipes and utility facilities, is amended by striking paragraph (15) of Code Section 25-9-2, relating to definitions applicable to said chapter, and inserting in lieu thereof a new paragraph (15) to read as follows: (15) `Utility facility' means underground mains, pipes, conduits, cables, ducts, wires, fiber optic or photonic lines, or other structures operated or maintained by utilities in connection with the storage, conveyance, distribution, or transmission of gas, electric energy, telephone or telegraphic, cable television or video communications, water, waste water, or sewage. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CIVIL PRACTICELIMITATION OF ACTIONS AGAINST LAND SURVEYORS. Code Section 9-3-30.2 Enacted. No. 548 (House Bill No. 1154). AN ACT To amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, so as to provide a period of limitation applicable to actions against persons engaged in the practice of land surveying; to provide an exception; 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 9 of the Official Code of Georgia Annotated, relating to specific periods of limitations of actions, is amended by inserting after Code Section 9-3-30.1 a new Code Section 9-3-30.2 to read as follows: 9-3-30.2. (a) As used in this Code section, the term `land surveying' shall have the same meaning as provided by paragraph (6) of Code Section 43-15-2.

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(b) No action to recover damages for any deficiency, defect, omission, error, or miscalculation in a survey or plat shall be brought against registered surveyors or their employees engaged in the practice of land surveying who performed or furnished such survey or plat more than six years from the date of the survey or plat. The cause of action in such cases shall accrue when such services are rendered as shown from the date on the survey or plat. Any such action not instituted within the six-year period provided by this subsection shall be forever barred. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. PROFESSIONS AND BUSINESSESPHYSICIANS; NURSE ANESTHETISTS; ADMINISTRATION OF CONSCIOUS SEDATION. Code Section 43-11-21 Amended. No. 549 (House Bill No. 1158). AN ACT To amend Code Section 43-11-21 of the Official Code of Georgia Annotated, relating to conscious sedation by dentists, so as to provide for certain physicians and nurse anesthetists to administer conscious sedation; 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 43-11-21 of the Official Code of Georgia Annotated, relating to conscious sedation by dentists, is amended by adding at the end a new subsection to read as follows: (i) (1) This Code section shall not prohibit a person who is duly licensed to practice medicine in this state and who is a member of the anesthesiology staff of an institution classified as a hospital and issued a permit as an institution under Code Section 31-7-1 from administering conscious sedation in a dental facility, except that such anesthesiologist shall remain on the premises of the dental facility until any patient given conscious sedation by such anesthesiologist is stabilized and has regained consciousness. (2) This Code section shall not prohibit a person who is duly licensed as a certified registered nurse anesthetist in this state from administering conscious sedation in a dental facility, provided that such sedation is administered under the direction and responsibility of a

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dentist duly permitted under this Code section and that such nurse anesthetist shall remain on the premises of the dental facility until any patient given conscious sedation by such nurse anesthetist is stabilized and has regained consciousness. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CRIMINAL PROCEDURESERIOUS VIOLENT FELONIES; FIRST OFFENDER PROVISIONS NOT APPLICABLE. Code Section 17-10-6.1 Amended. Code Section 42-8-66 Enacted. No. 550 (House Bill No. 1164). AN ACT To provide that persons who have been found to have committed a serious violent felony shall not be afforded first offender treatment; to provide for legislative findings; to amend Article 1 of 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 that provisions relating to probation of first offenders shall not be available to any person upon a verdict or plea of guilty to a serious violent felony; to provide for a right to appeal by the state in certain circumstances; to amend Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, so as to provide that the provisions of said article do not apply to any person convicted of a serious violent felony; 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 General Assembly declares and finds: (1) That the Sentence Reform Act of 1994, approved April 20, 1994 (Ga. L. 1994, p. 1959), provided that persons convicted of one of seven serious violent felonies shall serve minimum mandatory terms of imprisonment which shall not otherwise be suspended, stayed, probated, deferred, or withheld by the sentencing court;

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(2) That in State v. Allmond , 225 Ga. App. 509 (1997), the Georgia Court of Appeals held, notwithstanding the Sentence Reform Act of 1994, that the provisions of the First Offender Act would still be available to the sentencing court, which would mean that a person who committed a serious violent felony could be sentenced to less than the minimum mandatory ten-year sentence; and (3) That, contrary to the decision in State v. Allmond , it is the expressed intent of the General Assembly that persons who commit a serious violent felony specified in the Sentence Reform Act of 1994 shall be sentenced to a mandatory term of imprisonment of not less than ten years and shall not be eligible for first offender treatment. SECTION 2 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, is amended by striking in its entirety subsection (b) of Code Section 17-10-6.1, relating to the punishment for serious violent offenders, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Notwithstanding any other provisions of law to the contrary, any person convicted of a serious violent felony as defined in paragraphs (2) through (7) of subsection (a) of this Code section shall be sentenced to a mandatory minimum term of imprisonment of ten years and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or withheld by the sentencing court and shall not be reduced by any form of pardon, parole, or commutation of sentence by the State Board of Pardons and Paroles. No person convicted of a serious violent felony as defined in subsection (a) of this Code section shall be sentenced as a first offender pursuant to Article 3 of Chapter 8 of Title 42, relating to probation for first offenders, or any other provision of Georgia law relating to the sentencing of first offenders. The State of Georgia shall have the right to appeal any sentence which is imposed by the superior court which does not conform to the provisions of this subsection in the same manner as is provided for other appeals by the state in accordance with Chapter 7 of Title 5, relating to appeals or certiorari by the state. SECTION 3 . Article 3 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to probation of first offenders, is amended by inserting after Code Section 42-8-65 a new Code Section 42-8-66 to read as follows: 42-8-66. The provisions of this article shall not apply to any person who is convicted of a serious violent felony as defined in subsection (a) of Code Section 17-10-6.1.

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SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. EDUCATIONFULBRIGHT EDUCATIONAL EXCHANGE PROGRAM; DEPARTMENT OF EDUCATION EMPLOYEE PARTICIPATION. Code Section 20-2-313 Enacted. No. 552 (House Bill No. 1185). AN ACT To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to certain educational programs under the Quality Basic Education Act, so as to provide that employees of the Department of Education governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program the same as school teachers in the local public school systems of this state; to provide that such employees of the Department of Education may obtain a continuous leave of absence with pay for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Program will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provision of other benefits to such exchange teacher while performing the duties of the state employee; to provide that the State Board of Education shall promulgate any rules and regulations necessary and execute any required contracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participation in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by an exchange teacher; 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 14 of Article 6 of Chapter 2 of Title 20 the Official Code of Georgia Annotated, relating to certain educational programs under the Quality

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Basic Education Act, is amended by adding following Code Section 20-2-312 a new Code Section 20-2-313 to read as follows: 20-2-313. Employees of Department of Education governed by the State Board of Education shall be authorized to participate in the J. William Fulbright Educational Exchange Program managed and coordinated through the Bureau of Educational and Cultural Affairs pursuant to 22 U.S.C. 2460 the same as school teachers in the local public school systems of this state. Such employees of the Department of Education may obtain a continuous leave of absence with pay for a period not to exceed 12 months when an exchange teacher through the J. William Fulbright Educational Exchange Program will occupy such employee's position during such leave of absence and the state is not liable for any compensation or the provision of other benefits to such exchange teacher while performing the duties of the state employee. The State Board of Education shall promulgate any rules and regulations necessary and execute any required contracts to enable the State Department of Education to participate in the J. William Fulbright Educational Exchange Program, to assure a state employee's right to return to his or her previous position at the expiration of the leave of absence during participation in such program, and to protect the state from any liabilities with respect to the performance of any duties or functions for the state by an exchange teacher. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CONSERVATION AND NATURAL RESOURCESFORESTERS; CODE OF ETHICS. Code Section 12-6-57 Amended. No. 553 (House Bill No. 1195). AN ACT To amend Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, so as to authorize the State Board of Registration for Foresters to adopt a code of professional ethics for foresters and thereby define unethical practice or

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conduct for certain purposes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to the practice of professional forestry, is amended by striking Code Section 12-6-57, relating to denial or revocation of license and discipline of licensee by the State Board of Registration for Foresters, and inserting in lieu thereof the following: 12-6-57. The board shall have the authority to refuse to grant a license to an applicant, to revoke the license of a person licensed by the board, or to discipline a person licensed by the board upon a finding by a majority of the board that the licensee or applicant has violated the provisions of Code Section 43-1-19. The board shall have the authority to adopt, by regulation, a code of professional ethics for foresters and thereby define unethical conduct or practice by applicants or licensees of the board for purposes of Code Section 43-1-19. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. LOCAL GOVERNMENTGEORGIA MUNICIPAL COURTS TRAINING COUNCIL; APPOINTMENT OF MEMBERS. Code Section 36-32-22 Amended. No. 554 (House Bill No. 1199). AN ACT To amend Code Section 36-32-22 of the Official Code of Georgia Annotated, relating to establishment and membership of the Georgia Municipal Courts Training Council, so as to change the method for the appointment of members of the Georgia Municipal Courts Training Council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-32-22 of the Official Code of Georgia Annotated, relating to establishment and membership of the Georgia Municipal Courts

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Training Council, is amended by striking subsection (a) of said Code section and inserting in its place the following: (a) There is established a council which shall be known and designated as the 'Georgia Municipal Courts Training Council' and which shall be composed of the director of the administrative office of the courts or the director's designee, which member shall not be a voting member, and five municipal judges who shall be appointed by the Council of Municipal Court Judges of Georgia. The initial terms for two members shall expire on December 31, 1991. The initial terms for three members shall expire on December 31, 1992. Following the expiration of these initial terms, their successors shall be appointed for terms of two years. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. COURTSMAGISTRATE COURTS; MAGISTRATES; TRAINING AND CERTIFICATION. Code Section 15-10-137 Amended. No. 555 (House Bill No. 1200). AN ACT To amend Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, so as to change the provisions relating to training and certification of magistrates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 15-10-137 of the Official Code of Georgia Annotated, relating to training requirements for magistrates, is amended by striking subsections (b), (c), and (d) of said Code section and inserting in their place the following: (b) Any person who becomes a magistrate between July 1, 1983, and June 30, 1998, shall satisfactorily complete 40 hours of training in the performance of his or her duties and shall attend the first scheduled training session held after the date of his or her election or appointment in order to become certified under this article. In order to become certified under this article, any person who becomes a magistrate on or after July 1, 1998, shall satisfactorily complete 80 hours of training specified by the council concerning the performance of his or her duties during the first two years after becoming a magistrate.

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(b.1) Any person who becomes a magistrate on or after July 1, 1998, shall complete during the initial year of service as a magistrate a program of orientation activities established by the council and conducted under the guidance and supervision of an experienced adviser or mentor magistrate or judge. (c) In order to maintain the status of a certified magistrate judge, each person certified as such shall complete 20 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge. (d) Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (b) of this Code section but shall be required to complete the mentor program of subsection (b.1) of this Code section and the annual training required by subsection (c) of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. EDUCATIONBOARD OF REGENTS; AUTHORITY TO CONVEY ART WORKS. Code Section 20-3-60 Amended. No. 556 (House Bill No. 1201). AN ACT To amend Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, so as to authorize the board of regents to sell or transfer certain works of art; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to the University System of Georgia, is amended by striking in its entirety Code Section 20-3-60, relating to the sale or other disposition of properties of the University System of Georgia, and inserting in lieu thereof a new Code Section 20-3-60 to read as follows: 20-3-60.

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(a) All properties owned or held by the board of regents pursuant to this chapter which have been declared to be the public property of the state may be sold, leased, or otherwise disposed of by the board subject to the approval of the Governor, whenever the board may deem such sale, lease, or other disposition in the best interests of the system, if the board shall first determine that such property can no longer be advantageously used in the system; provided, however, that where any such property has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, such property shall only be sold, leased, conveyed, or otherwise disposed of for similar uses or purposes, which shall be in conformity with any use or trust declared in any such grant or conveyance. (b) Nothing in this Code section shall prevent the board of regents from leasing laboratory and research facilities owned by the board of regents to private businesses, companies, and corporations for the purpose of small business and economic development during times when the laboratory and research facilities are not in use. (c) (1) As used in this subsection, the term `work of art' means any work of visual art. The term `work of art' includes, but is not limited to, drawings, paintings, murals, frescoes, sculptures, mosaics, films, videos, photographs, calligraphy, etchings, lithographs, offset prints, silk screens, crafts, jewelry, and mixed media, including collages, assemblages, or any combination of the foregoing art media. The term `work of art' does not include environmental landscaping placed about a state building. (2) Notwithstanding any other provision of law, including this Code section and Article 4 of Chapter 5 of Title 50, and upon finding that such action is in the best interests of the system and that a work of art owned or held by the board of regents can no longer be advantageously used in the system, the board of regents may: (A) Sell such work of art to the highest responsible bidder for cash; (B) Sell or transfer such work of art to any department, board, commission, or other agency of the State of Georgia; (C) Sell such work of art, or transfer such work of art in exchange for substantial benefits, to any private nonprofit agency; or (D) Dispose of such work of art as provided in Article 4 of Chapter 5 of Title 50; provided, however, that where any such work of art has been granted or conveyed to the system or the board or any institution embraced within the system, or the trustees thereof, for specified uses, the board's action under this subsection shall be in conformity with any use or trust declared in any such grant or conveyance.

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SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. LOCAL GOVERNMENTMUNICIPAL COURT JURISDICTION; SHOPLIFTING OFFENSES. Code Section 36-32-9 Amended. No. 557 (House Bill No. 1206). AN ACT To amend Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts over shoplifting offenses involving $100.00 or less, so as to authorize municipal courts to try and dispose of cases in which a person is charged with a third offense of shoplifting property valued at $100.00 or less; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 36-32-9 of the Official Code of Georgia Annotated, relating to jurisdiction of municipal courts over shoplifting offenses involving $100.00 or less, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 36-32-9. (a) The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a first, second, or third offense of theft by shoplifting when the property which was the subject of the theft was valued at $100.00 or less, if the offense occurred within the corporate limits of the municipality. The jurisdiction of 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 defendant charged in a municipal court with a first, second, or third offense of theft by shoplifting property valued at $100.00 or less shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.

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(c) A person convicted in a municipal court of a first, second, or third offense of theft by shoplifting property valued at $100.00 or less shall be punished as provided in paragraph (1) of subsection (b) of Code Section 16-8-14, provided that nothing in this Code section or Code Section 16-8-14 shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter. (d) Any fines and forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipality and shall be paid into the treasury of such municipality. (e) It shall be the duty of the appropriate agencies of the municipality in which an offense under subsection (a) of this Code section is charged to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. FOOD, DRUGS, AND COSMETICSADULTERATED OR MISBRANDED FOOD; PENALTIES; DETENTION OR EMBARGO NOTICES. Code Sections 26-2-24 and 26-2-38 Amended. No. 558 (House Bill No. 1209). AN ACT To amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, so as to change the provisions relating to the detention or embargo of adulterated or misbranded food; to change the provisions relating to penalties; to change the provisions relating to the placing of tags or other appropriate markings giving notice of a detention or embargo; to prohibit certain conduct; 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 26 of the Official Code of Georgia Annotated, known as the Georgia Food Act, is amended by striking Code

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Section 26-2-24, relating to the penalty for violation of Code Section 26-2-22, and inserting in its place the following: 26-2-24. Any person who violates Code Section 26-2-22 shall be guilty of a misdemeanor, provided that: (1) No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section 26-2-22 if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article; (2) No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and (3) If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section 26-2-22 by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section 26-2-38 shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years. SECTION 2 . Said article is further amended by striking subsection (a) of Code Section 26-2-38, relating to detention or embargo of adulterated or misbranded food, and inserting in its place the following: (a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article, such agent shall affix to such article or to any container, field, building, or structure which contains such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is

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given by the agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without permission of the Commissioner. Upon application, the Commissioner shall grant permission to move or dispose of such article to a safe and secure area and in a safe and secure manner. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. PROFESSIONS AND BUSINESSESSTATE STRUCTURAL PEST CONTROL COMMISSION; MEMBERSHIP. Code Section 43-45-3 Amended. No. 559 (House Bill No. 1212). AN ACT To amend Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, so as to change the provisions relating to the membership of the State Structural Pest Control Commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 45 of Title 43 of the Official Code of Georgia Annotated, known as the Structural Pest Control Act, is amended by striking Code Section 43-45-3, relating to the creation of the State Structural Pest Control Commission and its composition, and inserting in its place the following: 43-45-3. There is created a State Structural Pest Control Commission to consist of seven members, three of whom shall be residents of this state who are engaged in the pest control industry and who are certified operators under this chapter. Such members shall be appointed by the Commissioner. One member shall be the head of the Department of Entomology of the University of Georgia, ex officio, or some qualified person of that department designated by him or her. One member shall be the Commissioner of Agriculture of this state or the Commissioner's designee; one member shall be the commissioner of human resources, ex officio, or some qualified person designated by him or her; and one member shall have no connection whatsoever with the pest control industry but shall have a recognized interest in consumer affairs and in consumer protection concerns. The Commissioner shall fill any vacancies that may occur in the appointive membership of the commission.

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No business entity shall be represented by more than one member on the commission at any time. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. LAW ENFORCEMENT OFFICERS AND AGENCIESMUNICIPAL PROBATION OFFICERS; TRAINING AND CERTIFICATION. Code Section 35-8-13.1 Enacted. No. 560 (House Bill No. 1216). AN ACT To amend Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the Georgia Peace Officer Standards and Training Act, so as to to require municipal probation officers to receive training and obtain certification; to provide for exceptions to the training and certification requirement; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 8 of Title 35 of the Official Code of Georgia Annotated, the Georgia Peace Officer Standard and Training Act, is amended by adding after Code Section 35-8-13 a new Code section, to be designated Code Section 35-8-13.1, to read as follows: 35-8-13.1. (a) Any person employed or appointed as a municipal probation officer on or after January 1, 1999, shall not be authorized to serve as a municipal probation officer unless such person has successfully completed a training course and received certification for municipal probation officers approved by the Georgia Peace Officer Standards and Training Council. (b) Persons applying for certification and persons certified by the council under this Code section shall be subject to the powers and authority of the Georgia Peace Officer Standards and Training Council applicable to peace officers as defined in this chapter and shall be required to fulfill all of the requirements of a peace officer, except peace officer training requirements applicable to peace officers only. Such persons shall be required to register with the council. Such registration shall remain in effect for the period of time such person is employed as a municipal probation officer.

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(c) Any person who registers with the council pursuant to this Code section shall not have such registration invalidated upon termination of employment or appointment as a municipal probation officer if subsequent employment or appointment as a municipal probation officer is commenced within 12 months of such prior termination of employment or appointment as a municipal probation officer. (d) Any municipal probation officer exempted from mandatory compliance with this Code section may choose to be certified under this Code section. If so, the council shall have the authority to recognize instruction received by such municipal probation officer as equivalent to all or part of the instruction required for certification under this Code section. (e) The term `municipal probation officer' as used in this Code section means only municipal probation officers employed directly by a municipality or consolidated government and shall not include employees of private probation providers which contract with municipalities or consolidated governments in accordance with the provisions of Article 6 of Chapter 8 of Title 42; provided, however, that the term `municipal probation officer' shall not include probation officers of any municipal corporation which conducts a training course for such officers if such training course is approved by the Georgia Peace Officer Standards and Training Council. (f) Any person who has completed the peace officer basic training course and is certified as a peace officer by the Georgia Peace Officer Standards and Training Council may serve as a municipal probation officer without obtaining the municipal probation officer training and certification required by this Code section. SECTION 4 . This Act shall become effective on July 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. HEALTHHOSPITAL AUTHORITIES; TEACHING HOSPITALS; FUNDING; AUDITS. Code Section 31-7-95 Amended. No. 562 (House Bill No. 1222). AN ACT To amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care

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facilities, so as to change an exception to provisions for payments for medical education to certain hospital authorities and designated teaching hospitals; to remove provisions relating to certified audits of local fund contributions to certain hospital authorities; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation and construction of hospitals and other health care facilities, is amended in Article 4, relating to county and municipal hospital authorities, by striking in its entirety subsection (d) of Code Section 31-7-95, relating to funding of medical education provided by hospital authorities and designated teaching hospitals, and inserting in its place the following: (d) The funds necessary to carry out this Code section shall derive from funds appropriated for such purpose to the board of regents. In the event the funds appropriated by the General Assembly are insufficient to fund the full amount payable to hospital authorities or designated teaching hospitals under subsection (c) of this Code section, the amount otherwise payable thereunder shall be reduced pro rata in accordance with the funds actually appropriated for such purpose. The board of regents shall have the authority to promulgate rules and regulations to carry out the provisions of this Code section. No additional teaching hospitals will be added until such funds have been made available for any additional teaching hospitals. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. PENAL INSTITUTIONSTRANSMITTAL OF INFORMATION ON CONVICTED PERSONS. Code Section 42-5-50 Amended. No. 563 (House Bill No. 1254). AN ACT To amend Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to the transmittal of information on convicted persons, so as to

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reduce the number of sentence packages required to be transmitted to the commissioner of corrections; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 42-5-50 of the Official Code of Georgia Annotated, relating to the transmittal of information on convicted persons, is amended by striking in its entirety subsection (a) and inserting in lieu thereof the following: (a) The clerk of the court shall notify the commissioner of a sentence within 30 working days following the receipt of the sentence and send other documents set forth in this Code section. Such notice shall be mailed within such time period by first-class mail and shall be accompanied by two complete and certified sentence packages containing the following documents: (1) A certified copy of the sentence; (2) A complete history of the convicted person, including a certified copy of the indictment, accusation, or both and such other information as the commissioner may require; (3) An affidavit of the custodian of such person indicating the total number of days the convicted person was incarcerated prior to the imposition of the sentence. It shall be the duty of the custodian of such person to transmit the affidavit provided for in this paragraph to the clerk of the superior court within ten days following the date on which the sentence is imposed; and (4) Order of probation revocation or tolling of probation. All of the aforementioned documents will be submitted on forms provided by the commissioner. The commissioner shall file one copy of each such document with the State Board of Pardons and Paroles within 30 working days of receipt of such documents from the clerk of the court. Except where the clerk is on a salary, the clerk shall receive from funds of the county the fee prescribed in Code Section 15-6-77 for such service. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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PROFESSIONS AND BUSINESSESREAL ESTATE APPRAISERS; REAL ESTATE BROKERS AND SALESPERSONS; REAL ESTATE SCHOOLS AND INSTRUCTORS. Code Title 43, Chapters 39A and 40 Amended. No. 564 (House Bill No. 1263). AN ACT To amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Classification and Regulation Act, so as to change certain time periods within which real estate appraisers are required to take certain actions; to change the provisions relating to fees for real estate appraiser examination, activation, and renewal and reactivation of lapsed or inactive appraiser classifications; to change the provisions relating to notification by a real estate appraiser of change of address; to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, so as to change certain time periods within which real estate brokers and salespersons are required to take certain actions; to change the provisions relating to nonresident licenses of brokers and salespersons; to change the provisions relating to license fees; to change the provisions relating to change of place of business and transfer of salesperson or associate broker; to change the provisions relating to the requirement of a trust or escrow checking account in order to engage in the real estate business; to provide that certain real estate brokers are not required to maintain a designated trust or escrow account; to prohibit certain conduct by real estate brokers, salespersons, licensees, schools, and instructors; to provide sanctions against such violators; to change certain sanctions; 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 39A of Title 43 of the Official Code of Georgia Annotated, known as the Real Estate Appraiser Classification and Regulation Act, is amended by striking in their entirety subsections (g), (h), and (k) of Code Section 43-39A-11, relating to fees for real estate appraiser examination, activation, and renewal and reactivation of lapsed or inactive appraiser classifications, and inserting in lieu thereof new subsections (g), (h), and (k) to read as follows: (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue an appraiser classification by making a written request within 30 days of ceasing work that the appraiser classification be placed on inactive status. Any appraiser whose appraiser classification has been placed on an inactive status may not

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engage in real estate appraisal activity. To reactivate an appraiser classification held on inactive status, an appraiser must make application to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate an appraiser classification which has been placed on inactive status shall be required to meet any continuing education requirement which the appraiser might have otherwise been required to meet during the period when the appraiser's appraiser classification was placed on inactive status. The education requirement for activating an appraiser classification on inactive status shall not apply to an appraiser who meets the continuing education requirement of subsection (b) of Code Section 43-39A-8 in each renewal period that such appraiser is on inactive status nor to an appraiser who has maintained an active appraiser classification in another state that has continuing education requirements while such appraiser's classification was on inactive status in Georgia. (h) Any appraiser who places an appraiser classification on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the appraiser classification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 30 days. (k) A reasonable fee, not to exceed the renewal fee charged for an appraiser classification, may be imposed by the board on any applicant or appraiser who: (1) Fails to notify the board in writing within 30 days of a change of address; (2) Fails to respond within 30 days to a written inquiry from the board requesting further information on any application the applicant or appraiser has filed with the board; or (3) Submits to the board a check that is returned unpaid. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-39A-16, relating to notification by real estate appraiser of change of address and applicability of Chapter 7 of title 14, and inserting in lieu thereof a new subsection (a) to read as follows: (a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 30 days of such change. SECTION 3 . Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of real estate brokers and salespersons, is amended by

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striking in its entirety paragraph (4) of subsection (c) of Code Section 43-40-9, relating to nonresident licenses, and inserting in lieu thereof a new paragraph (4) to read as follows: (4) Affiliate with a resident or nonresident broker if the applicant is an individual community association manager, salesperson, or associate broker. If a nonresident licensee terminates the affiliation with a broker licensed by the commission, the license of such nonresident shall automatically be terminated unless such nonresident places the license on inactive status or affiliates with another broker licensed by the commission within 30 days. No license shall be issued to any member, officer, independent contractor, employee, or partner of a nonresident partnership, limited liability company, or corporation until said partnership, limited liability company, or corporation qualifies for a broker's license. A nonresident corporation or limited liability company must obtain from the proper agency and maintain a certificate of authority to transact business in this state;. SECTION 4 . Said chapter is further amended by striking in their entirety subsections (g), (h), and (m) of Code Section 43-40-12, relating to license fees of real estate brokers and salespersons, and inserting in lieu thereof new subsections (g), (h), and (m) to read as follows: (g) Any real estate broker who does not wish to be actively engaged in the brokerage business or any licensee who is temporarily not actively engaged on behalf of a broker may continue a license by making a written request within 30 days of ceasing work that the license be placed on inactive status. Any licensee whose license has been placed on an inactive status may not engage in the real estate brokerage business except in connection with property owned by the licensee. To reinstate a license held on inactive status, a licensee other than a broker must secure the signature of the broker for whom the licensee wishes to act; and a broker must make application to the commission prior to resuming brokerage activity. Any individual licensee who seeks to activate a license which has been on inactive status for a period of two years or longer shall be required to attend a commission approved course of study prior to activating an inactive license. The course of study shall consist of a commission approved education course or courses totaling at least six hours for each year the license was on inactive status. This education requirement for activating a license on inactive status shall not apply to licensees who meet the continuing education requirement of subsection (e) of Code Section 43-40-8 in each renewal period that they are on inactive status nor to licensees who maintained an active license in another state that has continuing education requirements while such licensee's license was on inactive status in Georgia. (h) Any licensee who places a license on inactive status shall be required to pay the license renewal fee provided for in subsection (d) of this Code

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section. Whenever any licensee on inactive status fails to pay the required renewal fees, the licensee's license shall be lapsed. If a licensee on inactive status changes address, the licensee shall notify the commission of the new address, in writing, within 30 days. (m) A reasonable fee, not to exceed the renewal fee charged broker licensees, may be imposed by the commission on a licensee who: (1) Fails to notify the commission in writing within 30 days of a change of address, of the opening or closing of a designated trust account, of transferring to a new company, or of leaving a firm to go on inactive status; (2) Fails to affiliate with a new company or to apply to go on inactive status within 30 days of the commission's receipt of notice that the broker holding the licensee's license no longer wishes to do so and has mailed a letter to the licensee's last known address indicating that the broker is returning the license to the commission; (3) Fails to respond within 30 days to a written inquiry from the commission requesting further information on any application the licensee has filed with the commission; and (4) Submits to the commission a check that is returned unpaid. SECTION 5 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-19, relating to change of place of business and transfer of salesperson or associate broker, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Should a broker change the address of the broker's place of business, the broker shall notify the commission, in writing, within 30 days of such change. SECTION 6 . Said chapter is further amended by striking in its entirety Code Section 43-40-20, relating to the requirement of a trust or escrow checking account in order to engage in the real estate business, and inserting in lieu thereof a new Code Section 43-40-20 to read as follows: 43-40-20. (a) Each broker who accepts down payments, earnest money deposits, security deposits, rents, association fees, or other trust funds in a real estate brokerage transaction or whose affiliated licensees accept such trust funds shall maintain a separate, federally insured bank checking account in this state which shall be designated a trust or escrow account wherein all down payments, earnest money deposits, or other trust funds received by the broker or the broker's affiliated licensees, on behalf of a

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principal or any other person, shall be deposited. An account so designated and registered with the commission shall not be subject to attachment or garnishment. A broker who does not accept trust funds in real estate brokerage transactions is not required to maintain a designated trust or escrow account; provided, however, that if a broker does not maintain such a trust or escrow account and later receives trust funds in a real estate brokerage transaction, such broker must open the designated trust or escrow account required by this subsection within one business day of the receipt of such trust funds. (b) Each broker who is required to maintain a trust or escrow account shall notify the commission of the name of the bank in which the trust account is maintained and also the number of the account or, if the bank does not use numbered accounts, the name of the account on forms provided therefor. (c) Each broker who maintains a trust account shall authorize the commission to examine such trust account by a duly authorized representative of the commission. The commission may examine such account at any time upon reasonable cause. The commission shall examine each broker's trust account or accounts during each renewal period. In lieu of an examination of any such account or accounts by a duly authorized representative of the commission, the commission, in its discretion, may accept a written report from a certified public accountant that the broker's trust account or accounts are maintained in accordance with the provisions of this chapter and its attendant rules and regulations. In lieu of the renewal period examination by a duly authorized representative of the commission, the commission may accept with the broker's renewal application and fee a summary of data on the broker's trust account or accounts on a form prepared by or approved by the commission if that data appears complete and includes no indication of irregularities. The commission, after initiating an authorized investigation, may require that a broker supply to it written reports on the status of the broker's designated trust account or accounts. (d) A broker may maintain more than one trust account if the commission is advised of such account, as specified in subsections (a), (b), and (c) of this Code section. (e) A broker shall not be entitled to any part of the earnest money or other money paid to the broker in connection with any real estate transaction as part or all of the broker's commission or fee until the transaction has been consummated or terminated. (f) Any licensee, acting in the capacity of principal in the sale of interests in real estate owned by such licensee, shall deposit in a trust account in a state bank or trust company or any foreign bank which authorizes the commission to examine its records of such deposits those parts of all payments received on contracts which are necessary to meet

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any amounts concurrently due and payable on any existing mortgages, contracts for deed or other conveyancing instruments, reserves for taxes and insurance, or any other encumbrance on such receipts. Such deposits shall be maintained until disbursement is made under the terms of the encumbrance pertaining thereto and proper accounting on such property is made to the parties entitled thereto. (g) The commission, in its discretion, may allow a nonresident broker who accepts any trust funds in a real estate brokerage transaction to maintain the trust account required in subsection (a) of this Code section in a bank of such nonresident broker's state of residence, provided that the commission is authorized to examine the account at such time or times as the commission may elect and that the licensee meets the requirements of any rules which the commission may establish regarding the maintenance of such accounts. (h) Community association managers, salespersons, or associate brokers who receive security deposits or other trust funds on property they own or who receive payments as described in subsection (f) of this Code section must deposit those funds into a designated trust account maintained by the broker with whom their licenses are affiliated or in a designated trust account approved by that broker. If the broker approves the affiliated licensee's holding such trust funds in a designated trust account owned by the licensee, the broker shall assure that the bank in which the account is maintained designates the account as a trust account and the broker shall notify the commission of the name of the bank in which the account is maintained, the number of the account, and the name of the licensee who owns the account. The licensee who owns such account shall maintain such records on the account as are required by this chapter and the applicable rules and regulations for brokers in maintaining their trust accounts. The licensee who owns such account shall provide to such licensee's broker on at least a quarterly basis a written reconciliation statement comparing the licensee's total trust liability with the reconciled bank balance of the licensee's trust account. SECTION 7 . Said chapter is further amended by striking in its entirety subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors and sanctions therefor, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the commission shall have the power to reprimand licensees and approved schools or instructors; to revoke or suspend any license issued under this chapter; to revoke the license of a real estate broker or qualifying broker and simultaneously issue such licensee a

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salesperson's license; to revoke or suspend approval of any school or instructor; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one hearing; to require completion of a course of study in real estate brokerage or instruction; to require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or to utilize any combination of these sanctions which the commission may deem appropriate whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, the following: (1) Because of race, color, religion, sex, disability, familial status, or national origin: (A) Refusing to sell or rent after the making of a bona fide offer, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, real estate to any person; (B) Discriminating against any person in the terms, conditions, or privileges of sale or rental of real estate or in the provision of services or facilities in connection therewith; (C) Making, printing, or publishing or causing to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of real estate, that indicates any preference, limitation, or discrimination or an intention to make any such preference, limitation, or discrimination; (D) Representing to any person that any real estate is not available for inspection, sale, or rental when such real estate is in fact so available; or (E) Representing explicitly or implicitly that a change has or will or may occur in a block, neighborhood, or area in order to induce or discourage the listing, purchasing, selling, or renting of real estate; (2) Intentionally advertising material which is misleading or inaccurate or which in any way misrepresents any property, terms, values, policies, or services of the business conducted; (3) Failing to account for and remit any money coming into the licensee's possession which belongs to others; (4) Commingling the money or other property of the licensee's principals with the licensee's own; (5) Failing to maintain and deposit in a separate, federally insured checking account all money received by said broker acting in said

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capacity, or as escrow agent or the temporary custodian of the funds of others, in a real estate transaction unless all parties having an interest in said funds have agreed otherwise in writing; (6) Accepting, giving, or charging any undisclosed commission, rebate, or direct profit on expenditures made for a principal or any undisclosed commission, rebate, or direct profit for procuring a loan or insurance or for conducting a property inspection related to a real estate transaction; (7) Representing or attempting to represent a real estate broker, other than the broker holding the licensee's license, without the express knowledge and consent of the broker holding the licensee's license; (8) Accepting a commission or other valuable consideration by a licensee from anyone other than the broker holding that licensee's license without the consent of that broker; (9) Acting in the dual capacity of agent and undisclosed principal in any transaction; (10) Guaranteeing or authorizing any person to guarantee future profits which may result from the resale of real property; (11) Placing a sign on any property offering it for sale or rent without the written consent of the owner or the owner's authorized agent and failing to remove such sign within ten days after the expiration of listing; (12) Offering real estate for sale or lease without the knowledge and consent of the owner or the owner's authorized agent or on terms other than those authorized by the owner or the owner's authorized agent; (13) Inducing any party to a contract of sale or lease, a listing contract, an exclusive agency contract or agreement, or a management agreement to break such contract or agreement for the purpose of substituting in lieu thereof any other contract or agreement with another principal; (14) Negotiating a sale, exchange, or lease of real estate directly with an owner or lessor if the licensee knows that such owner has a written outstanding contract in connection with such property granting an exclusive agency or an exclusive right to sell to another broker; (15) Indicating that an opinion given to a potential seller, purchaser, landlord, or tenant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds an appraiser classification in accordance with Chapter 39A of this title; (16) Performing or attempting to perform any of the acts of a licensee on property located in another state without first having been

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properly licensed in that state or otherwise having complied fully with that state's laws regarding real estate brokerage; (17) Paying a commission or compensation to any person for performing the services of a real estate licensee who has not first secured the appropriate license under this chapter or is not cooperating as a nonresident who is licensed in such nonresident's state or foreign country of residence, provided that nothing contained in this subsection or any other provision of this Code section shall be construed so as to prohibit the payment of earned commissions: (A) To the estate or heirs of a deceased real estate licensee when such deceased real estate licensee had a valid Georgia real estate license in effect at the time the commission was earned and at the time of such person's death; or (B) To a citizen of another country acting as a referral agent if that country does not license real estate brokers and if the Georgia licensee paying such commission or compensation obtains and maintains reasonable written evidence that the payee is a citizen of said other country, is not a resident of this country, and is in the business of brokering real estate in said other country; (18) Failing to include a fixed date of expiration in any written listing agreement and failing to leave a copy of said agreement with the principal; (19) Failing to deliver, within a reasonable time, a completed copy of any purchase agreement or offer to buy or sell real estate to the purchaser and to the seller; (20) Failure by a broker to deliver to the seller in every real estate transaction, at the time said transaction is consummated, a complete, detailed closing statement showing all of the receipts and disbursements handled by such broker for the seller or failure to deliver to the buyer a complete statement showing all money received in said transaction from such buyer and how and for what the same was disbursed; the broker shall retain true copies of such statements in the broker's files; (21) Making any substantial misrepresentations; (22) Acting for more than one party in a transaction without the express written consent of all parties to the transaction; (23) Failure of an associate broker, salesperson, or community association manager to place, as soon after receipt as is practicably possible, in the custody of the broker holding the licensee's license any deposit money or other money or funds entrusted to the licensee by any person dealing with the licensee as the representative of the licensee's licensed broker;

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(24) Filing a listing contract or any document or instrument purporting to create a lien based on a listing contract for the purpose of casting a cloud upon the title to real estate when no valid claim under said listing contract exists; (25) Having demonstrated incompetency to act as a real estate licensee in such manner as to safeguard the interest of the public or any other conduct whether of the same or a different character than heretofore specified which constitutes dishonest dealing; (26) Obtaining an exclusive listing, sales contract, or management agreement from any owner while knowing or having reason to believe that another broker has an exclusive listing on the property, unless the licensee has written permission from the broker having the first exclusive listing; provided, however, that notwithstanding the provisions of this paragraph, a licensee shall be permitted to present a proposal or bid for community association management if requested to do so in writing from a community association board of directors; (27) Failing to keep for a period of three years a true and correct copy of all sales contracts, closing statements, and other documents relating to real estate closings or failing to produce documents at the reasonable request of the commission or any of its agents for their inspection; (28) Being or becoming a party to any falsification of any portion of any contract or other document involved in any real estate transaction; (29) Conducting the closing of any real estate transaction by any licensee except a broker unless the licensee acts under the supervision of the broker under whom such licensee is licensed or under the supervision of a practicing attorney with the knowledge and consent of the broker; (30) Failing to obtain the written agreement of the parties indicating to whom the broker shall pay any interest earned on trust funds deposited into an interest-bearing checking account prior to depositing those funds into such account; (31) Failing to disclose in a timely manner to all parties in a real estate transaction any agency relationship that the licensee may have with any of the parties; (32) Attempting to perform any act authorized by this chapter to be performed only by a broker, associate broker, or salesperson while licensed as a community association manager; (33) Attempting to sell, lease, or exchange the property of any member of a community association to which a licensee is providing community association management services without the express written consent of that association to do so;

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(34) Inducing any person to alter, modify, or change another licensee's fee or commission for real estate brokerage services without that licensee's prior written consent; or (35) Failing to obtain a person's agreement to refer that person to another licensee for brokerage or relocation services and to inform such person being referred whether or not the licensee will receive a valuable consideration for such referral. SECTION 8 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. AGRICULTURESOIL AND WATER CONSERVATION DISTRICTS; SUPERVISORS; AUDITS; SUMMARY FINANCIAL DATA. Code Section 2-6-32 Amended. No. 565 (House Bill No. 1295). AN ACT To amend Code Section 2-6-32 of the Official Code of Georgia Annotated, relating to duties of soil and water conservation district supervisors, so as to change certain provisions regarding surety bonds; to provide for a summary of certain financial data; 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 2-6-32 of the Official Code of Georgia Annotated, relating to duties of soil and water conservation district supervisors, is amended by striking subsection (c) and inserting in its place a new subsection (c) to read as follows: (c) The supervisors shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property. They shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted and shall provide to the commission summary financial data listing cash receipts and disbursements for each state fiscal year. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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PROFESSIONS AND BUSINESSESDRIVER TRAINING SCHOOLS; PROVISIONS APPLICABLE TO SECONDARY SCHOOLS. Code Section 43-13-10 Amended. No. 566 (House Bill No. 1299). AN ACT To amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, so as to change certain provisions relating to exceptions from operation of chapter; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 13 of Title 43 of the Official Code of Georgia Annotated, relating to instructors in driver training and operators of driver training schools, is amended by striking Code Section 43-13-10, relating to exceptions from operation of chapter, and inserting in lieu thereof the following: 43-13-10. (a) This chapter shall not apply to a college conducting a driver training course; nor shall it apply to driver improvement schools operated by the state or by a county or municipality. (b) The provisions of this chapter other than paragraph (2) of Code Section 43-13-4 shall apply to secondary schools conducting driver training courses and to instructors therefor. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. AGRICULTURESOIL AND WATER CONSERVATION DISTRICTS; EXPENDITURES; PROMOTION OF CONSERVATION AND CONSERVATION EDUCATION. Code Section 2-6-33 Amended. No. 567 (House Bill No. 1301). AN ACT To amend Code Section 2-6-33 of the Official Code of Georgia Annotated, relating to powers of soil and water conservation districts and supervisors,

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so as to change certain provisions regarding certain soil conservation, erosion control, or erosion prevention projects; to authorize additional expenditures with respect to conservation promotion and education; 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 2-6-33 of the Official Code of Georgia Annotated, relating to powers of soil and water conservation districts and supervisors, is amended by striking paragraph (9) and inserting in its place a new paragraph (9) to read as follows: (9) To take over, by purchase, lease, or otherwise, and to administer any soil conservation, erosion control, or erosion prevention project located within its boundaries which was first undertaken by the United States or any of its agencies or by this state or any of its agencies; to manage, as agent of the United States or any of its agencies or of this state or any of its agencies, any soil conservation, erosion control, or erosion prevention project within its boundaries; to act as agent for the United States or any of its agencies or for this state or any of its agencies, in connection with the acquisition, construction, operation, or administration of any soil conservation, erosion control, or erosion prevention project within its boundaries; to accept donations, gifts, and contributions in money, services, materials, or otherwise from the United States or any of its agencies, from this state or any of its agencies, or from others and to use or expend such money, services, materials, or other contributions in carrying on its operations, including promotion of conservation and conservation education; . SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CRIMINAL PROCEDUREACCUSATIONS; TRIAL OF CERTAIN OFFENSES. Code Section 17-7-70.1 Amended. No. 568 (House Bill No. 1306). AN ACT To amend Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and

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misdemeanor cases, so as to provide that certain theft offenses may be tried on accusations; to provide that all crimes involving forgery and fraudulent practices may be tried on accusations; to provide that certain offenses relating to escape or confinement may be tried on accusations; to provide that offenses relating to possession of firearms by convicted felons and first offender probationers may be tried on accusations; to provide conditions under which offenses covered under this Act may be tried by accusation; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 17-7-70.1 of the Official Code of Georgia Annotated, relating to trial upon accusations in certain felony and misdemeanor cases, is amended by striking subsection (a) in its entirety and inserting in lieu thereof the following: (a) (1) In felony cases involving violations of the following: (A) Code Sections 16-8-2, 16-8-14, 16-9-1, 16-9-2, 16-9-20, 16-9-31, 16-9-33, 16-9-37, 16-10-52, and 40-5-58; (B) Article 1 of Chapter 8 of Title 16, relating to theft; (C) Chapter 9 of Title 16, relating to forgery and fraudulent practices; (D) Article 3 of Chapter 10 of Title 16, relating to escape and other offenses related to confinement; or (E) Code Section 16-11-131, relating to possession of a firearm by a convicted felon or first offender probationer, in which defendants have either been bound over to the superior court based on a finding of probable cause pursuant to a commitment hearing under Article 2 of this chapter or have expressly or by operation of law waived a commitment hearing, the district attorney shall have authority to prefer accusations, and the defendants shall be tried on such accusations according to the same rules of substantive and procedural laws relating to defendants who have been indicted by a grand jury. (2) All laws relating to rights and responsibilities attendant to indicted cases shall be applicable to cases brought by accusations signed by the district attorney. (3) The accusation need not be supported by an affidavit except in those cases in which the defendant has not been previously arrested in conjunction with the transaction charged in the accusation.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. MOTOR VEHICLES AND TRAFFICDRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; NOTICE OF IMPLIED CONSENT TO CHEMICAL TESTING; TEST ADMINISTRATION. Code Section 40-5-67.1 Amended. No. 573 (House Bill No. 1378). AN ACT To amend Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, so as to provide for legal sufficiency of implied consent notices for certain purposes in certain cases; to change the provisions relating to which test or tests a law enforcement officer may designate and have administered to certain persons suspected of violating Code Section 40-6-391 or similar federal laws or local ordinances; to change certain provisions relating to implied consent notices; to repeal certain provisions relating to the applicability of certain statutes; to provide for legislative intent; 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 General Assembly finds and declares that persons driving motor vehicles on public roads while under the influence of alcohol or drugs or while having an unlawful alcohol concentration has been and remains a serious and deadly problem in this state and requires the diligent and utmost efforts of law enforcement officials to apprehend and prosecute persons committing such violations. The General Assembly further finds that a law enforcement officer should be allowed to initially require a combination of tests and should subsequently be allowed to require additional tests of any substance not initially tested. The General Assembly further finds and declares that while suspects in such cases should be informed of their rights regarding the administration of chemical testing,

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no such suspect is entitled to a notice which tracks the exact language of the implied consent statute, so long as the substance of the notice remains unchanged. SECTION 2 . Code Section 40-5-67.1 of the Official Code of Georgia Annotated, relating to chemical tests, implied consent notices, rights of motorists, test results, refusal to submit, suspension or denial, hearing and review, compensation of officers, and inspection and certification of breath-testing instruments, is amended by striking subsections (a), (b), and (b.1) and inserting in lieu thereof the following: (a) The test or tests required under Code Section 40-5-55 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been driving or was in actual physical control of a moving motor vehicle upon the highways or elsewhere throughout this state in violation of Code Section 40-6-391 and the officer has arrested such person for a violation of Code Section 40-6-391, any federal law in conformity with Code Section 40-6-391, or any local ordinance which adopts Code Section 40-6-391 by reference or the person has been involved in a traffic accident resulting in serious injuries or fatalities. Subject to Code Section 40-6-392, the requesting law enforcement officer shall designate which test or tests shall be administered initially and may subsequently require a test or tests of any substances not initially tested. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent notice from the following: (1) Implied consent notice for suspects under age 21: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.02 grams or more, your Georgia driver's license or privilege to drive on the highways of this state will be suspended and, if you are convicted of having such an alcohol concentration, will be revoked. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law? '

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(2) Implied consent notice for suspects age 21 or over: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your Georgia driver's license or privilege to drive on the highways of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate an alcohol concentration of 0.10 grams or more, your Georgia driver's license or privilege to drive on the highways of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law? ' (3) Implied consent notice for commercial motor vehicle driver suspects: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing and the results indicate the presence of any alcohol, you will be issued an out-of-service order and will be prohibited from operating a motor vehicle for 24 hours. If the results indicate an alcohol concentration of 0.04 grams or more, you will be disqualified from operating a commercial motor vehicle for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your ( designate which tests ) under the implied consent law? ' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 40-6-392 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. Such notice shall be read in its entirety but need not be read exactly so long as the substance of the notice remains unchanged.

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SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CIVIL PRACTICEJUDICIAL SALES OF REAL PROPERTY; ADVERTISEMENT TO INCLUDE LEGAL DESCRIPTION. Code Section 9-13-140 Amended. No. 578 (House Bill No. 1406). AN ACT To amend Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertising judicial sales, so as to change the advertising requirement for judicial sales of real property; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 9-13-140 of the Official Code of Georgia Annotated, relating to advertising judicial sales, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) The sheriff, coroner, or other officer shall publish weekly for four weeks in some newspaper published at the county site, and if there is no newspaper published at the county site, then in any paper published in the county, or if there is no such paper published in the county, then in the nearest newspaper having the largest general circulation in such county, notice of all sales of land and other property executed by the officer. In the advertisement the officer shall give a full and complete description of the property to be sold, making known the names of the plaintiff, the defendant, and any person who may be in the possession of the property. In the case of real property, such advertisement shall include the legal description of such real property and may include the street address of such real property, if available, but provided that no foreclosure shall be invalidated by the failure to include a street address or by the insertion of an erroneous street address. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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STATE GOVERNMENTGEORGIA SPORTS HALL OF FAME. Code Title 50, Chapter 12, Article 4 Amended. Code Title 12, Chapter 3, Article 7, Part 12 Amended. No. 580 (House Bill No. 1419). AN ACT To amend Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, by repealing Part 1, relating to the Georgia Sports Hall of Fame, in its entirety; to amend Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, so as to change the provisions relating to the membership of the authority and terms of office of members; to remove members of the Georgia Sports Hall of Fame Board from the authority; to provide that the terms of all current members of the authority shall terminate on a certain date; to provide for the appointment of members of the authority on and after such date, their initial and regular terms of office, and the manner of their appointment; to require the Georgia Sports Hall of Fame Authority to select those to be included in the Georgia Sports Hall of Fame; to authorize the authority to solicit gifts, grants, and loans; to provide for additional powers and duties of the authority; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 4 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to halls of fame, is amended by striking Part 1, relating to the Georgia Sports Hall of Fame, which reads as follows: Part 1 50-12-60. (a) There is created the Georgia Sports Hall of Fame Board. The board shall be composed of 15 members, as follows: (1) Nine members shall be appointed by the Governor. Initially, there of such members shall be appointed for terms of two years, three for four years, and three for six years. Thereafter, all members appointed by the Governor shall be appointed for terms of six years. The Governor shall consider different areas of the state when making appointments to the board; and (2) Three members shall be appointed by the Lieutenant Governor and three members shall be appointed by the Speaker of the House of Representatives. The members appointed by the Lieutenant Governor

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and the Speaker of the House of Representatives shall serve for terms concurrent with the terms of members of the General Assembly. (b) The board shall elect a chairman, a vice-chairman, and such other officers as it deems advisable from its own membership. The members shall receive no compensation for their services but shall be reimbursed for expenses incurred in attending meetings of the board. The board is authorized to employ such personnel as it deems necessary to enable it to carry out its duties and functions. The board shall meet once each quarter and at such other times as the board deems necessary but not more than eight times annually. A majority of the members shall constitute a quorum for the transaction of business. 50-12-61. The board shall obtain such halls, rooms, quarters, and offices as it deems necessary for conducting its affairs. The board shall provide a portion of any such space as it shall deem necessary for the display of busts, statues, plaques, books, papers, pictures, and other exhibits and material relating to sports, athletics, and athletes. 50-12-62. It shall be the main purpose and function of the board to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere. The board is authorized to conduct surveys and polls and to appoint committees to assist it in performing its function and purpose. 50-12-63. The board is authorized to solicit and accept donations, contributions, and gifts of money and property to enable it to carry out its function and purpose. The donations, contributions, and gifts shall be exempt from all taxation in this state. The General Assembly is authorized to appropriate funds to the board. 50-12-63.1. The applicable statues of this state, whether now or hereafter in effect, relating to the powers of nonprofit corporations and to meetings and actions of the board of directors of nonprofit corporations shall apply to the board., and inserting in lieu thereof the following Part 1 to read as follows: Part 1 Reserved. SECTION 2 . Part 12 of Article 7 of Chapter 3 of Title 12, relating to the Sports Hall of Fame Authority, is amended by striking subsection (b) of Code Section 12-3-562, relating to the creation of the authority, which reads as follows:

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(b) The authority shall consist of 13 members, two of whom shall be appointed by the President of the Senate, who shall serve for terms of six years, two of whom shall be appointed by the Speaker of the House of Representatives, who shall serve for terms of six years, and three of whom shall be members of the Georgia Sports Hall of Fame Board created in Code Section 50-12-60. Members of the authority from the Georgia Sports Hall of Fame Board shall be designated by the Governor and shall serve on the authority for terms of office which are the same as their terms of office on the Georgia Sports Hall of Fame Board. The other six members and successors to such members shall be appointed by the Governor and confirmed by the Senate and shall serve for terms of office of six years. The Governor shall consider different areas of the state when making appointments to the authority. The Governor is authorized to appoint any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, as members of the authority, and any person so appointed is authorized to serve as a member of the authority., and inserting in its place the following: (b) (1) The terms of all members of the authority who are in office on April 30, 1998, shall terminate on such date, and new members shall be appointed to the authority for initial terms beginning on May 1, 1998, as specified in this subsection. From May 1, 1998, until January 1, 1999, the authority shall consist of 16 members. On and after January 1, 1999, the authority shall consist of 15 members. (2) Members shall be appointed as follows: (A) Three members shall be appointed by the Governor for initial terms of office ending on January 1, 1999; (B) Three members shall be appointed by the Governor for initial terms of office ending on June 30, 2000; (C) One member shall be appointed by the Governor for an initial term of office ending on December 31, 2000; (D) Five members shall be appointed by the Governor for initial terms of office ending on December 31, 2002; (E) One member shall be appointed by the President of the Senate for an initial term of office ending on January 1, 1999; (F) One member shall be appointed by the President of the Senate for an initial term of office ending on December 31, 2002; (G) One member shall be appointed by the Speaker of the House of Representatives for an initial term of office ending on January 1, 1999; and

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(H) One member shall be appointed by the Speaker of the House of Representatives for an initial term of office ending on December 31, 2002. (3) A successor to each member shall be appointed by the same appointing official as provided in paragraph (2) of this subsection; provided that the Governor shall appoint successors for only two of the members appointed by the Governor with initial terms ending on January 1, 1999. Following the initial terms specified in paragraph (2) of this subsection, the terms of all members shall be four years. (4) Any elected or appointed state, county, municipal, or school board official or employee, except officials and employees of the legislative or judicial branches of state government, may be appointed and serve as a member of the authority. SECTION 2.1 . Said part is further amended by striking subsection (d) and inserting in its place a new subsection to read as follows: (d) The members of the authority shall receive for each day that such members are in attendance at a meeting of the authority the same daily expense allowance and reimbursement for transportation costs as provided for members of the General Assembly, as provided for in Code Section 45-7-21; and the members of the authority shall not receive any other compensation for their services as such. SECTION 3 . Said part is further amended by striking Code Section 12-3-563, relating to the purpose of the authority, and inserting in lieu thereof the following: 12-3-563. The corporate purpose and general nature of the business of the authority shall be: (1) Constructing and maintaining a facility to house the Georgia Sports Hall of Fame to honor those, living or dead, who by achievement or service have made outstanding and lasting contributions to sports and athletics in this state or elsewhere; honoring those previously selected and inducted by the Georgia Sports Hall of Fame Board; and selecting, appropriately honoring, and inducting future members of the Georgia Sports Hall of Fame. The authority shall establish and include in its bylaws criteria for eligibility for selection and induction into the Georgia Sports Hall of Fame; and (2) Operating, advertising, and promoting the Georgia Sports Hall of Fame.

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SECTION 4 . Said part is further amended by striking paragraph (11) of Code Section 12-3-564, relating to powers and duties, and inserting in lieu thereof new paragraphs (11) and (11.1) to read as follows: (11) To solicit, receive, and accept loans, gifts, grants, donations, or contributions of property, facilities, or services, with or without consideration, from any person, firm, or corporation or from the State of Georgia or any agency or instrumentality thereof or from any county, municipal corporation, or local government or governing body; (11.1) To receive from the Georgia Sports Hall of Fame Board all of its property and assets required to be transferred to the authority and to pay therefrom any obligations incurred by said board prior to the transfer; SECTION 5 . This Act shall become effective on May 1, 1998. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. ANIMALSLIVESTOCK; SPECIAL SALES; BONDS; GEORGIA 4-H CLUBS AND GEORGIA FUTURE FARMERS OF AMERICA CHAPTERS; EXEMPTION. Code Section 4-6-52 Amended. No. 582 (House Bill No. 1460). AN ACT To amend Code Section 4-6-52 of the Official Code of Georgia Annotated, relating to special sales of livestock, so as to exempt Georgia 4-H clubs and Georgia Future Farmers of America chapters from certain bonding requirements; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 4-6-52 of the Official Code of Georgia Annotated, relating to special sales of livestock, is amended by adding, following subsection (c), a new subsection (c.1) to read as follows:

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(c.1) Georgia 4-H clubs and Georgia Future Farmers of America chapters shall not be required to procure a bond. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CRIMES AND OFFENSESDANGEROUS DRUGS; AUTHORITY OF NURSE OR PHYSICIAN'S ASSISTANT TO POSSESS. Code Section 16-13-72 Amended. No. 652 (Senate Bill No. 20). AN ACT To amend Code Section 16-13-72 of the Official Code of Georgia Annotated, prohibiting the sale and possession of dangerous drugs, so as to provide for the delegation of the authority to possess certain drugs; to provide for construction; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-13-72 of the Official Code of Georgia Annotated, prohibiting the sale and possession of dangerous drugs, is amended by adding following paragraph (4) thereof the following: (4.1) A physician in conformity with Code Section 43-34-26.1 may delegate to a nurse or a physician's assistant the authority to possess vaccines and such other drugs as specified by the physician for adverse reactions to those vaccines, and a nurse or physician's assistant may possess such drugs pursuant to that delegation; provided, however, that nothing in this paragraph shall be construed to restrict any authority of nurses or physician's assistants existing under other provisions of law; . SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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COURTSSUPERIOR COURTS; ADDITIONAL JUDGES FOR ATLANTA, DOUGLAS, OCMULGEE, GWINNETT, AND STONE MOUNTAIN CIRCUITS; BELL-FORSYTH CIRCUIT CREATED; BLUE RIDG CIRCUIT PROVISIONS REVISED. Code Sections 15-6-1, 15-6-2, and 15-6-3 Amended. No. 653 (Senate Bill No. 77). AN ACT To amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to the superior courts, so as to provide for two additional judges of the superior court for the Atlanta Judicial Circuit; to provide one additional judge of the superior court for the Douglas Judicial Circuit, the Ocmulgee Judicial Circuit, the Gwinnett Judicial Circuit, and the Stone Mountain Judicial Circuit; to create a new judicial circuit to be known as the Bell-Forsyth Judicial Circuit, to be composed of the County of Forsyth and to provide for a judge of the superior court, district attorney, and for the transfer of proceedings to such circuit; to provide for terms of court in the new circuit; to change the number of judges, the terms of court, and the counties of the Blue Ridge Judicial Circuit; to provide for related matters; to provide for the initial appointment and subsequent election of the new judges and their successors; to prescribe the powers of the new judges; to provide for employment of court personnel; to provide for construction; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by striking paragraph (6) of Code Section 15-6-1, relating to composition of the judicial circuits, and inserting in lieu thereof the following: (6) Blue Ridge Judicial Circuit, composed of the County of Cherokee; , and by adding to said Code section a new paragraph (18.1) to read as follows: (18.1) Bell-Forsyth Judicial Circuit, composed of the County of Forsyth; SECTION 2 . Said chapter is further amended by striking paragraphs (3), (6), (15.1), (20), (28), and (37) of Code Section 15-6-2, relating to the number of judges for each judicial circuit, and inserting in lieu thereof the following:

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(3) Atlanta Circuit 17 (6) Blue Ridge Circuit 2 (15.1) Douglas Circuit 3 (20) Gwinnett Circuit 7 (28) Ocmulgee Circuit 5 (37) Stone Mountain Circuit 10 SECTION 3 . Said chapter is further amended in Code Section 15-6-2, relating to the number of judges, by inserting a new paragraph to be designated paragraph (18.1) to read as follows: (18.1) Bell-Forsyth Circuit..... 1. SECTION 4 . Said chapter is further amended by striking paragraph (6) of Code Section 15-6-3, relating to terms of court, and inserting in lieu thereof the following: (6) BLUE RIDGE CIRCUIT: Cherokee CountySecond Monday in January, May, and September., and by adding a new paragraph (18.1) to read as follows: (18.1) BELL-FORSYTH CIRCUIT: Forsyth CountySecond Monday in March, July, and November. SECTION 5 . Two new judges of the superior court are added to the Atlanta Judicial Circuit, increasing to 17 the number of judges of said circuit. One new judge of the superior court is added to the Douglas Judicial Circuit, the Gwinnett Judicial Circuit, the Ocmulgee Judicial Circuit, and the Stone Mountain Judicial Circuit, increasing the number of judges in the Douglas Judicial Circuit to three, the number of judges in the Gwinnett Judicial Circuit to seven, the number of judges in the Ocmulgee Judicial Circuit to five, and the number of judges in the Stone Mountain Judicial Circuit to ten. SECTION 6 . The initial new judges appointed pursuant to Section 5 of this Act shall be appointed by the Governor for a term beginning July 1, 1998, and expiring December 31, 2000, and until their successors are elected and qualified. Successors to the initial judges shall be elected in the manner provided by

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law for the election of judges in the superior courts of this state at the general election in November, 2000, for terms of four years beginning on January 1, 2001, and until the election and qualification of their successors. Future successors shall be elected at the general elections each four years thereafter for terms of four years and until their successors are elected and qualified and shall take office on the first day of January following their election. SECTION 7 . The new judges initially appointed and subsequently elected pursuant to Sections 5 and 6 of this Act shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior court. Each of such new judges is authorized to employ court personnel on the same basis as other judges of their respective circuits. SECTION 8 . Except as expressly stated, this Act shall not be construed to alter or repeal any provision of any local Act relating to any judicial circuit. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. SECTION 9 . (a) Effective July 1, 1998, there is created a new judicial circuit of the superior courts of this state, to be known as the Bell-Forsyth Judicial Circuit, which circuit shall be composed of the County of Forsyth. The offices of the judge of the superior court and district attorney of the Bell-Forsyth Judicial Circuit are created for said circuit. (b) The superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County shall become the initial judge of the Bell-Forsyth Judicial Circuit and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified. (c) If there is more than one superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County who has the longer service as a superior court judge shall become the initial judge of the Bell-Forsyth Judicial Circuit, and shall complete the term for which elected, continuing through December 31, 2000, or until a successor is elected and qualified. (d) If there is no superior court judge of the Blue Ridge Circuit who is a resident of Forsyth County, the Governor shall appoint the initial judge of the Bell-Forsyth Judicial Circuit to serve a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified.

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(e) The initial district attorney shall be appointed by the Governor for a term of office beginning on July 1, 1998, and continuing through December 31, 2000, and until a successor is elected and qualified. (f) Successors to the initial judge and district attorney shall be elected in the general election immediately preceding the expiration of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election. (g) The compensation and allowances of the district attorney of said circuit shall be as now or hereafter provided by law. (h) All civil, equitable, and criminal proceedings and litigations pending in the superior court of Forsyth County at such time as it was a part of the Blue Ridge Judicial Circuit, including all complaints, pleadings, petitions, indictments, special presentments, summonses, processes, motions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such county shall relate to, become a part of, and be transferred to the superior court of the Bell-Forsyth Judicial Circuit and its jurisdiction when said circuit comes into existence. SECTION 10 . (a) For the purposes of appointing the initial new judges pursuant to Sections 5 and 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) If there is no judge of the Blue Ridge Judicial Circuit in office on July 1, 1998, who is a resident of Forsyth County, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of the appointment of the initial judge of the Bell-Forsyth Judicial Circuit pursuant to subsection (d) of Section 8 of this Act, except that the provision of Section 1 of this Act which decreases the number of judges in the Blue Ridge Circuit shall become effective December 31, 2000, upon the expiration of the terms of office of the judges of the Blue Ridge Judicial Circuit. (c) Except as provided in subsections (a) and (b) of this section and notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1998. SECTION 11 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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COURTSSHERIFFS; QUALIFICATIONS; TRAINING; PEACE OFFICERS. Code Sections 15-16-1 and 35-8-2 Amended. No. 654 (Senate Bill No. 142). AN ACT To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications of sheriffs; to repeal certain provisions relating to training requirements; to provide certain exemptions; to amend Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Peace Officer Standards and Training Act, so as to change the definition of the term peace officer; 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 applicable to sheriffs, is amended by striking Code Section 15-16-1, relating to qualifications of sheriff and training requirements, and inserting in lieu thereof a new Code Section 15-16-1 to read as follows: 15-16-1. (a) Intent . The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime. (b) General requirements . Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts. (c) Qualifications . (1) No person shall be eligible to hold the office of sheriff unless such person:

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(A) At the time of qualifying as a candidate for the office of sheriff is a citizen of the United States; (B) Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of qualifying for election to the office; (C) At the time of qualifying as a candidate for the office of sheriff is a registered voter; (D) At the time of qualifying as a candidate for the office of sheriff has attained the age of at least 25 years; (E) At the time of qualifying as a candidate for the office of sheriff has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council; (F) Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff; (G) Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff; (H) At the time of qualifying as a candidate for the office of sheriff gives a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state; (I) At the time of qualifying as a candidate for the office of sheriff gives a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and (J) Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 within six months after such person takes office; provided, however, that an extension of the

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time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph. (2) Each person offering his or her candidacy for the office of sheriff shall, within 60 days prior to or at the time such person qualifies: (A) File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and (B) Swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she meets all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of qualification for election to the office of sheriff. (3) Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course. (d) Exemption . The requirements of subparagraphs (c)(1)(D), (c)(1)(E), (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed to have been met by any person who is currently serving as a duly qualified and elected sheriff of one of the several counties of this state. SECTION 2 . Code Section 35-8-2 of the Official Code of Georgia Annotated, relating to definitions under the Georgia Peace Officer Standards and Training

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Act, is amended by striking paragraph (8) and inserting in lieu thereof a new paragraph (8) to read as follows: (8) `Peace officer' means, for purposes of this chapter only: (A) An agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; (B) An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Children and Youth Services who is designated by the commissioner to investigate and apprehend unruly and delinquent children; and (C) Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, county correctional institutions, and county probation systems. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. LABOR AND INDUSTRIAL RELATIONSWORKERS' COMPENSATION; SELF-INSURERS GUARANTY TRUST FUND; BOARD OF TRUSTEES' POWERS AND DUTIES; PARTICIPANTS' AUDITS. Code Sections 34-9-384, 34-9-387, and 34-9-388 Amended. No. 655 (Senate Bill No. 166). AN ACT To amend Article 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, so as to authorize the board of trustees of the Self-insurers Guaranty Trust Fund to levy penalties and fines against self-insured employers; to provide for individual immunity for the administrator and staff of the fund; to provide that the board of trustees shall use the security deposit of any participant to pay the workers' compensation obligation assumed by said board; to require the State Board of Workers' Compensation to furnish the board of trustees with a complete, original bound copy of each participant's audit;

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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 10 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to the Self-insurers Guaranty Trust Fund, is amended by striking Code Section 34-9-384, relating to the general powers of the board of trustees of the Self-insurers Guaranty Trust Fund, and inserting in lieu thereof the following: 34-9-384. The board of trustees shall possess all powers necessary and convenient to accomplish the objectives prescribed by this article, including, but not limited to, the following: (1) Not later than 90 days from its appointment, the board of trustees must make and submit to the board for approval such bylaws, rules, regulations, and resolutions as are necessary to carry out its responsibilities, including, but not limited to, the establishment of an application fee. The board of trustees may carry out its responsibilities directly or by contract or other instrument and may purchase such services, borrow money, purchase excess insurance, levy penalties and fines, and collect such funds as it deems necessary to effectuate its activities and protect the members of the board of trustees and its employees. The board of trustees shall appoint, retain, and employ such persons as it deems necessary to achieve the purposes of the board of trustees. All expenses incurred pursuant to this provision shall be paid from the fund; (2) The board of trustees shall meet not less than quarterly and shall meet at other times upon the call of the chairperson, issued to the trustees in writing not less than 48 hours prior to the day and hour of the meeting, or upon a request for a meeting presented in writing to the chairperson not less than 72 hours prior to the proposed day and hour of the meeting and signed by at least a majority of the trustees, whereupon the chairperson shall provide notice issued in writing to the trustees not less than 48 hours prior to the meeting and shall convene the meeting at the time and place stated in the request; (3) Four trustees shall constitute a quorum to transact business at any meeting, and the affirmative vote of four trustees shall be necessary for any action taken by the board of trustees. No vacancy shall otherwise impair the rights of the remaining trustees to exercise all of the powers of the board of trustees; (4) The board of trustees shall serve without compensation, but each member shall be entitled to be reimbursed for necessary and actual expenses incurred in the discharge of his or her official duties; and

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(5) The board of trustees shall have the right to bring and defend actions only in the name of the fund. Neither the trustees nor their employers shall be liable individually for matters arising from or out of the conduct of the affairs of the fund. SECTION 2 . Said article is further amended by striking Code Section 34-9-387, relating to reimbursement and security deposit from participant for compensation obligations, and inserting in lieu thereof the following: 34-9-387. (a) The board of trustees shall have the right and obligation to obtain reimbursement from any participant for compensation obligations in the amount of the participant's compensation obligations assumed by the board of trustees and paid from the fund by the board of trustees as directed by the board, including, but not limited to, claims for all benefits and reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (b) The board of trustees shall have the right and obligation to use the security deposit of any participant, its excess insurance carrier, and of any other guarantor to pay the participant's workers' compensation obligation assumed by the board of trustees, including reasonable administrative and legal costs. The amount of the claims for reimbursement of reasonable administrative and legal costs shall be subject to the approval of the board of trustees. (c) The board of trustees shall be a party in interest in any action or proceeding to obtain the security deposit of a participant for the payment of its compensation obligations, in any action or proceeding under the participant's excess insurance policy, and in any other action or proceeding to enforce an agreement of any security deposit, excess insurance carrier, and from any other guarantor to satisfy such obligations. SECTION 3 . Said article is further amended by striking Code Section 34-9-388, relating to reports of participant's insolvency and audits and review of applications for self-insurance and recommendations thereon, and inserting in lieu thereof the following: 34-9-388. (a) It shall be the duty of the board to report to the board of trustees when the board has reasonable cause to believe that any participant examined or being examined may be in danger of insolvency.

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(b) The board shall, at the inception of a participant's self-insured status and at least annually thereafter, so long as the participant remains self-insured, furnish the board of trustees with a complete, original bound copy of each participant's audit performed in accordance with generally accepted auditing standards by an independent certified public accounting firm, three to five years of loss history, name of the person or company to administer claims and any other pertinent information submitted to the board to authenticate the participant's self-insured status. The board of trustees may contract for the services of a qualified certified public accountant or firm to review, analyze, and make recommendations on these documents. All financial information submitted by a participant shall be considered confidential and not public information. (c) The board of trustees shall make reports and recommendations to the board upon any matter germane to the solvency, liquidation, or rehabilitation of any participant. The board of trustees shall examine the same documents as required in subsection (b) of this Code section. Such reports and recommendations shall not be considered public documents. (d) The board of trustees shall have the authority to review all applications for self-insurance and shall make recommendations to the board concerning the acceptance of the prospective self-insurer. If the board rejects in part or in whole the recommendations of the board of trustees, the board shall give written notice to the board of trustees ten days prior to accepting the application for self-insurance. SECTION 4 . This Act shall become effective on July 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; DISABILITY BENEFITS FOR CERTAIN EMPLOYEES OF STATE BOARD OF PARDONS AND PAROLES AND DEPARTMENT OF CORRECTIONS. Code Section 47-2-221 Amended. No. 656 (Senate Bill No. 326). AN ACT To amend Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement

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officers disabled in the line of duty, so as to provide for such disability benefits for certain employees of the State Board of Pardons and Paroles and the Department of Corrections; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-2-221 of the Official Code of Georgia Annotated, relating to disability benefits payable to certain law enforcement officers disabled in the line of duty, is amended by striking in its entirety subsection (b) and inserting in lieu thereof the following: (b) (1) Notwithstanding the disability allowance provided for in Code Section 47-2-123, any employee of the Department of Natural Resources appointed as a deputy conservation ranger under Code Section 27-1-17, any parole officer employed by the State Board of Pardons and Paroles, and any probation officer employed by the Department of Corrections who, while a contributing member of this retirement system and upon becoming permanently disabled due to an act of external violence or injury incurred in the line of law enforcement duty, becomes eligible for disability retirement allowances shall, after a medical examination and upon certification by the medical board that such member is, in their opinion, permanently disabled, be entitled to a monthly allowance as computed on the member's life expectancy without option. Such monthly allowance as shall be payable to the member only, during his or her life or length of disability, shall not exceed 80 percent of the service allowance that would have been payable to the member had he or she accumulated not more than 30 years of creditable service and had retired at age 65. Such allowance shall be computed on the basis of the member's monthly earnable compensation for the month in which his or her permanent disability occurred. Such permanent disability retirement shall apply regardless of the length of service of any such member; and such member shall be deemed to have acquired 30 or more years of creditable service. In addition, a member so disabled in the line of law enforcement duty shall receive a monthly supplemental benefit which shall be in the amount of $5.00 per month for each year of creditable service as an employee of the Department of Natural Resources who has been appointed as a deputy conservation ranger under Code Section 27-1-17, parole officer of the State Board of Pardons and Paroles, or probation officer of the Department of Corrections. Such additional monthly supplemental benefit shall in no event exceed $150.00 per month. (2) In lieu of the foregoing, any member so disabled in the line of law enforcement duty shall be entitled to receive a minimum monthly

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disability retirement benefit equal to 2 percent of his or her monthly earnable compensation for the month in which his or her permanent disability occurred for each year of creditable service determined as though he or she had continued in service as a deputy conservation ranger, probation officer, or parole officer until his or her mandatory retirement age. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. COMMERCE AND TRADEELECTRONIC RECORDS AND SIGNATURES; GEORGIA INFORMATION TECHNOLOGY POLICY COUNCIL; ELECTRONIC COMMERCE STUDY COMMITTEE. Code Title 10, Chapter 12 Amended. Code Title 50, Chapter 29 Amended. No. 659 (Senate Bill No. 433). AN ACT To amend Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the Georgia Electronic Records and Signatures Act, so as to change the provisions relating to definitions; to change the provisions regarding accepting or agreeing to be bound by certain electronic records; to retain sovereign immunity; to amend Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the Information Technology Policy Act of 1995, so as to change the duties and powers of the Georgia Information Technology Policy Council; to change certain provisions relating to the abolition and reports of the Electronic Commerce Study Committee; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 12 of Title 10 of the Official Code of Georgia Annotated, the Georgia Electronic Records and Signatures Act, is amended by adding

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between paragraphs (1) and (2) of Code Section 10-12-3, relating to definitions, the following: (1.1) `Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity, and also includes any department, agency, authority, or instrumentality of the state or its political subdivisions. SECTION 2 . Said chapter is further amended by striking Code Section 10-12-4, relating to accepting or agreeing to be bound by certain electronic records, and inserting in its place the following: 10-12-4. Any person may, but shall not be required to, accept or agree to be bound by an electronic record which is executed or adopted with an electronic signature and, where that acceptance or agreement is otherwise required to be witnessed or notarized, which is witnessed or notarized using an electronic signature. Where a person or other entity accepts or agrees to be bound by an electronic record as provided in this Code section, then: (1) Any rule of law which requires a record of that type to be in writing shall be deemed satisfied; (2) Any rule of law which requires a signature shall be deemed satisfied; and (3) Any rule of law which requires a witness or notary shall be deemed satisfied by the electronic signature of such witness or notary. SECTION 3 . Said chapter is further amended by striking Code Section 10-12-5, relating to recovery against persons engaged in the unauthorized use of electronic signatures, and inserting in its place the following: 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;

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(4) Reasonable attorneys' fees and expenses; and (5) Any other relief which the court deems proper. Nothing in this Code section shall be deemed to waive the sovereign immunity otherwise provided by law to the state or any of its political subdivisions. SECTION 4 . Chapter 29 of Title 50 of the Official Code of Georgia Annotated, the Information Technology Policy Act of 1995, is amended by striking Code Section 50-29-6, relating to powers and duties of the Georgia Information Technology Policy Council, and inserting in its place the following: 50-29-6. The council shall have the following powers and duties: (1) Provide strategic planning and direction for information technology deployment and development; (2) Set information technology policy for the executive branch of state government including all state agencies, the board of regents, and all authorities; (3) Formulate and promulgate standards which promote an open architecture of computer systems and technology systems and facilitate the communication of information and data among public sector agencies and jurisdictions, private sector organizations, and the general public. Such standards shall be compatible with national and international computer and technology standards; (4) Establish private and public sector advisory committees to explore opportunities of shared infrastructure and data and for other purposes. Such committees shall include a standing state agency advisory committee composed of representatives from agencies in all branches of state government; (5) Coordinate with the legislative and judicial branches of state government; (6) Coordinate with local and federal governments; (7) Identify alternative funding approaches; (8) Review the issue of ownership versus custodianship of information within state government and recommend legislation as needed to address this issue; (9) Make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the powers of the council or to further the public purpose of the council; provided,

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however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (10) Acquire by purchase, lease, or otherwise and to hold, lease, and dispose of personal property of every kind and character or any interest therein, in furtherance of the public purpose of the council; provided, however, all such acquisitions, purchases, leases, or disposal of personal property shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (11) Apply for and accept any gifts or grants or loan guarantee or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof; (12) Contract with private sector organizations for goods and services; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (13) Contract with state agencies or any local government for the use by the council of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the council; and such state agencies and local governments are authorized to enter into such contracts; provided, however, all such contracts shall be made in accordance with and pursuant to the provisions of Chapter 5 of this title; (14) Coordinate with other state agencies and authorities to establish policies concerning access to information and to establish fees and charges for data, media, and incidental services; (14.1) Investigate and recommend a public key infrastructure policy which shall consist of a state sanctioned method of ensuring the legal authority and integrity of electronic documents; and (15) Do all things necessary or convenient to carry out the powers conferred by this chapter. SECTION 5 . Said chapter is further amended by striking subsection (d) of Code Section 50-29-12, relating to electronic commerce, and inserting in its place the following: (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

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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 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, 1998. The committee shall stand abolished December 15, 1998. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRSVETERANS' FUNERALS; HONOR GUARD DETAILS OF GEORGIA NATIONAL GUARD. Code Section 38-2-12 Enacted. No. 660 (Senate Bill No. 463). AN ACT To amend Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs and general provisions governing the state militia, so as to provide that members of the Georgia National Guard may be used as honor guards for veterans' funerals; to provide for limitations and restrictions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 1 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to military affairs and general provisions governing the state militia, is amended by adding at the end thereof a new Code section to read as follows: 38-2-12. Subject to the appropriation by the General Assembly of funds for such purpose, the Governor may authorize or direct Georgia National Guard personnel to serve while on state active duty as honor guard detail for veterans' funerals on appropriate occasions. The adjutant general shall request reimbursement for the pay and allowances due to such members ordered to such duty. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. STATE GOVERNMENTNONPROFIT ORGANIZATIONS WHICH PROVIDE SERVICES AND FACILITIES TO STATE; AUDITING; REPORTING; ACCOUNTABILITY. Code Title 50, Chapter 20 Amended. No. 661 (Senate Bill No. 474). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change provisions relating to state relations with

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nonprofit organizations providing services and facilities to the state; to define terms; to provide for required financial reporting and other reporting; to provide for audits; to provide for review by the state auditor; to provide for required corrective actions; to provide for repayment of funds received by organizations not in compliance; to provide for the public nature of records; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Chapter 20 which reads as follows: CHAPTER 20 50-20-1. The General Assembly finds that state agencies are increasingly utilizing nonprofit contractors to provide services and facilities for state programs and that an increasing amount of public funds is being paid to nonprofit contractors. The General Assembly finds that the state has a right and a duty to monitor nonprofit contractors who contract with the state to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes. Accordingly, the General Assembly finds that there is a need for a law providing a reporting procedure to ensure the financial accountability of nonprofit contractors and to develop adequate information about nonprofit contractors. The General Assembly finds that the procedure is necessary to establish adequately the dimensions of the relationship between a state agency and a nonprofit contractor. 50-20-2. As used in this chapter, the term: (1) `Nonprofit contractor' means any individual, partnership, corporation, association, organization, or similar entity which contracts with and receives public funds from a state agency to provide services on a nonprofit basis. The term `nonprofit contractor' includes only those entities which do not distribute any part of their income or profit to members, directors, officers, or any other private person. The term `nonprofit contractor' shall not include authorities, nonprofit hospitals, nonprofit nursing homes, state-wide associations of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, any nonprofit organization which, during the applicable fiscal year of the organization, does not receive more than a total of $5,000.00 from all state agencies combined, the federal government,

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state or local governments, or school systems or their agencies, but shall include regional development centers and community action agencies. If a state agency contracts with a unit in this state of a national or multistate organization, the state unit shall be considered the nonprofit contractor for the purposes of this chapter. (2) `State agency' means the state or any of its departments, boards, bureaus, commissions, authorities, or other agencies. The term `state agency' shall not include agricultural commodity commissions created pursuant to Chapter 8 of Title 2. 50-20-3. (a) Before entering into a contract with a nonprofit contractor, a state agency shall require the contractor to: (1) Furnish the state agency with certified financial statements showing the nonprofit contractor's financial condition at the end of the previous fiscal year and revenues and expenditures for the previous fiscal year. Where the nonprofit contractor has been in existence for less than a full year, the financial statements shall cover the operations year to date for the current year. The financial statements shall include an individual listing of each employee and his salary and reimbursable expenses, a listing by category of the sources of income of the nonprofit contractor, and a listing of the source or sources of all public funds received by the nonprofit contractor and the program for which the funds were received; (2) (A) Furnish annually to the state agency, after the end of the nonprofit contractor's fiscal year, the report of an independent auditor acceptable to the state agency with the predominant interest. The report shall cover the nonprofit contractor's activities for the fiscal year just ended, the nonprofit contractor's financial condition at the end of the fiscal year just ended, and shall contain at minimum the financial, compliance, internal control, and Federal Financial Assistance information in a format as described in Public Law 98-502 known as the Single Audit Act of 1984 and its implementing regulation, OMB Circular A-128. The report shall also include a schedule of Federal Financial Assistance, a listing of each employee's salary and reimbursable expenses paid during the fiscal year just ended, and any other schedules, reports, and exhibits required by the contracting state agencies. All audits shall be conducted in accordance with generally accepted government auditing standards established by the comptroller general of the United States. The state agency with the predominant interest shall be that state agency which has contracted to pay to the nonprofit contractor the largest aggregate amount of money covered by the audit report.

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(B) It shall be the duty of the state agency with the predominant interest to review each audit report and no other state agency shall be required to do so; (3) Provide on an annual basis, after the end of the nonprofit contractor's fiscal year, a summary statement, for each contracted program, of the services delivered, the number of people served, and such other information as the state agency shall require. A copy of each summary statement shall be furnished by the nonprofit contractor to the state agency; and (4) Refrain from political activities including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel in behalf of any candidate or any question of public policy subject to a referendum, or the display of political posters, stickers, or other printed material. (b) For the purposes of paragraphs (1) through (3) of subsection (a) of this Code section, if for any nonprofit contractor's fiscal year: (1) There are or will be in operation during such fiscal year contracts from more than one state agency but no contracts or grants from any federal agency, then the reports required by such paragraphs prepared for the agency with the predominant interest shall be accepted by the other state agencies as fulfilling such requirements; or (2) There are in operation during such fiscal year contracts from one or more state agencies and contracts or grants from one or more federal agencies and the nonprofit contractor was required to provide reports to the federal agency or agencies which substantially comply with the requirements of such paragraphs, then the state agency shall accept such reports as fulfilling such requirements. (c) No state agency shall transfer to a nonprofit contractor any public funds from any source if the nonprofit contractor does not comply with the requirements of this Code section. (d) A state agency may require, in accordance with law, nonprofit contractors to submit reports in addition to those required by this chapter and may require nonprofit contractors to meet requirements in addition to those specified by this chapter. (e) A nonprofit contractor shall furnish the state agency with a financial audit required by paragraph (2) of subsection (a) of this Code section and the summary statement required by paragraph (3) of subsection (a) of this Code section within 120 days after the end of the nonprofit contractor's fiscal year unless the state agency with the predominant interest, in its discretion, authorizes additional time for the filing of the reports. In no case shall the information be filed later than 180 days after the end of the annual reporting period. Any nonprofit contractor who

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receives less than $25,000.00 in contracts or grants in any year shall not be required to submit a certified audit but shall submit a financial summary and statement with such information as required by the agency administering such contract or grant. 50-20-4. (a) A nonprofit contractor which receives public funds from a state agency pursuant to a contract with the state agency and which after having received the funds does not comply with this chapter shall be required to repay the funds to the state agency and shall be prohibited from receiving funds from any state agency for a period of 12 months from the date of notification by the state agency of the failure to comply. (b) This Code section shall be cumulative to any other penalties applicable to the misuse of public funds. (c) The prohibition referred to in subsection (a) of this Code section against receiving funds from any state agency shall not apply to grants to regional educational service agencies under Part 11 of Article 6 of Chapter 2 of Title 20 or to HUD-701 planning grants to regional development centers. 50-20-5. Prior to each regular session of the General Assembly, each state agency shall submit to the members of the House and Senate Appropriations Committees a report containing the following information for the preceding fiscal year: (1) The name and address of each nonprofit contractor with which the state agency contracted; and (2) The amount of public funds received by the nonprofit contractor from the state agency. 50-20-6. The certified financial statements, financial audits, and summary statements required by this chapter shall be public records and shall be made available for public inspection during regular office hours. 50-20-7. (a) Except as provided in paragraphs (1) through (4) of subsection (b) of this Code section, all contracts between a nonprofit contractor and a state agency shall be subject to this chapter. (b) This chapter shall not apply to the following: (1) Contracts entered into after competitive bids, including amendments thereto; (2) Individual employment contracts;

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(3) Contracts entered into on or after March 31, 1976, and prior to March 30, 1977, with a state agency by any authority, nonprofit hospital, nonprofit nursing home, state-wide association of local governments, any educational institution of higher learning located in this state and accredited by the Southern Association of Colleges and Schools, or any nonprofit organization which received not more than a total of $5,000.00 from all state agencies combined during the fiscal year of the organization in which it entered into the contract; (4) Nonprofit health care plans operated pursuant to Chapter 19 of Title 33, relating to hospital service nonprofit corporations, Chapter 20 of Title 33, relating to health care plans, or Chapter 18 of Title 33, relating to nonprofit medical service corporations; and (5) Resource Conservation and Development Councils under the federal Resource Conservation and Development Program of the Secretary of the Department of Agriculture. 50-20-8. Any provisions of this chapter which are in conflict with federal law or regulations applicable to a particular nonprofit contractor shall not apply if the provisions would cause such nonprofit contractor to lose federal funds., and inserting in its place a new Chapter 20 to read as follows: CHAPTER 20 50-20-1. The intent of this chapter is to provide auditing and reporting requirements for nonprofit organizations which provide services and facilities to the state, to ensure the financial accountability of nonprofit contractors, and to develop adequate information concerning nonprofit contractors. The General Assembly finds that the state has a right and a duty to monitor nonprofit organizations which contract with the state to ensure that their activities are in the public interest and to ensure that public funds are used for proper purposes. 50-20-2. As used in this chapter, the term: (1) 'Corrective action plan' means a plan of corrective action prepared by the nonprofit organization which addresses each audit finding included in the auditor's report. The corrective action plan shall provide the name or names of the contact person or persons responsible for the corrective action, the corrective action planned, and the anticipated completion date. If the nonprofit organization does not agree with audit findings or believes corrective action is not

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required, the corrective action plan shall then include an explanation and specific reasons. (2) `Generally accepted accounting principles' means generally accepted accounting principles specified in generally accepted auditing standards issued by the American Institute of Certified Public Accountants. (3) `Generally accepted auditing standards' means auditing standards issued by the American Institute of Certified Public Accountants for the conduct and reporting of financial audits. (4) `Generally accepted government auditing standards' means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits. (5) `Nonprofit organization' means any corporation, trust, association, cooperative, or other organization that is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest; is not organized primarily for profit; and uses its net proceeds to maintain, improve, or expand its operations. The term nonprofit organization includes nonprofit institutions of higher education and hospitals. For financial reporting purposes guidelines issued by the American Institute of Certified Public Accountants should be followed in determining nonprofit status. (6) `Reporting package' means a package of documents containing a specified audit report, a summary schedule of prior year audit findings, and a corrective action plan for unresolved prior year and current year audit findings. Each audit report should include a schedule of findings and questioned costs and, if deemed necessary by the head of the contracting state organization, a schedule of state awards expended. (7) `Schedule of state awards expended' means a schedule arranged by state program name and contract number which reflects revenues, expenditures, or expenses and amounts owed to or due from each state organization. Amounts listed for each program should include state or federal funds, or both, which pass through state organizations to the nonprofit contractor. (8) `State awards' means state or federal funds, or both, received from state organizations through contractual agreement. (9) `State awards expended' means the disbursement or obligation of state awards by a nonprofit organization. (10) `State funds' means that portion of contracts funded by state appropriations or other revenue sources retained by the contracting state organization but does not include federal pass-through assistance.

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State funds represent the basis for determination of appropriate audit requirements set forth in paragraphs (1) and (2) of subsection (b) of Code Section 50-20-3. (11) `State organization' means any organization included within the state financial reporting entity. Such organizations include all departments, boards, bureaus, commissions, authorities and other such organizations whose financial activities and balances are included within the State of Georgia Comprehensive Annual Financial Report. (12) `Summary schedule of prior year audit findings' means a schedule reporting the status of all audit findings included in the prior audit's schedule of findings and questioned costs. The schedule shall also include audit findings reported in the prior audit's summary schedule of prior audit findings which were listed as uncorrected. 50-20-3. (a) Before entering into a financial agreement with a nonprofit organization, the head of the contracting state organization shall require the nonprofit organization to furnish financial and such other information as he or she may deem necessary to establish whether or not the nonprofit organization is financially viable and capable of providing services contemplated in the contract and that the agreement does not violate Chapter 10 of Title 45 related to conflicts of interest. Such information may include financial statements, Internal Revenue Service exempt status determination letters, Internal Revenue Service exempt organization information returns, and other related materials. (b) State organizations which have entered into a financial agreement with a nonprofit organization shall require: (1) A nonprofit organization which has expended $100,000.00 or more during its fiscal year in state funds to provide for and cause to be made annually an audit of the financial affairs and transactions of all the nonprofit organization's funds and activities. The audit shall be performed in accordance with generally accepted auditing standards; (2) A nonprofit organization which has expended less than $100,000.00 in a fiscal year in state funds shall forward to the state auditor and each contracting state organization a copy of the nonprofit organization's financial statements. If annual financial statements are reported upon by a public accountant, the accountant's report must accompany them. If not, the annual financial statements must be accompanied by the statement of the president or person responsible for the nonprofit organization's financial statements: (A) Stating the president's or other person's belief as to whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and

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(B) Describing any respects in which the statements were not prepared on a basis consistent with the statements prepared for the preceding year. (3) A nonprofit organization which receives funds from a state organization and which meets the federal audit requirements of the Single Audit Act Amendments of 1996 shall submit audit reports and reporting packages performed in accordance with Office of Management and Budget regulations. (c) All financial statements required in paragraphs (1) and (3) of subsection (b) of this Code section shall be prepared in conformity with generally accepted accounting principles. (d) Audits made in accordance with this Code section shall be in lieu of any financial audit or reporting requirements under individual state awards. Audits and financial statements required under this Code section, however, shall neither limit the authority of state organizations or the state auditor to conduct or arrange for additional audits of nonprofit organizations contracting with the state. Any additional audits shall be planned and performed in such a way as to build upon work performed by other auditors and shall be funded by the contracting state organization. (e) Reporting packages or financial statements shall be forwarded to the state auditor and each contracting state organization within 180 days after the close of the nonprofit organization's fiscal year. The state auditor, for good cause, may waive the requirement for completion of an audit within 180 days. Such waiver shall be for an additional period of not more than 90 days, and no such waiver shall be granted for more than two successive years to the same nonprofit organization. The state auditor may prescribe an electronic format for financial statement and audit package submission purposes. (f) Nonprofit organizations which receive funds from state organizations shall refrain from political activities, including endorsement of any political candidate or party, use of machinery, equipment, postage, stationery, or personnel on behalf of any candidate or any question of public policy subject to referendum. 50-20-4. (a) The state auditor shall review the nonprofit organization's reporting package or financial statements to ensure compliance with the requirements for audits and financial statement presentation for nonprofit organizations. If the state auditor finds such requirements have not been met, the state auditor within 60 days of receipt of the reporting package or financial statements shall submit a list of deficiencies to be corrected to the nonprofit organization and, if appropriate, to the auditor who performed the audit and to the affected state organizations.

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(b) If the state auditor has not received the required reporting package or financial statements by the date specified in subsection (e) of Code Section 50-20-3, the state auditor shall within 30 days of such date notify the appropriate state organizations to cease all payments to the nonprofit organization. (c) The state auditor shall promptly notify appropriate law enforcement officials of any reported irregularities or illegal acts. 50-20-5. (a) It shall be the duty of the contracting state organization to determine the financial viability of the nonprofit organization as described in subsection (a) of Code Section 50-20-3 before entering into a financial agreement with a nonprofit organization and to monitor the performance of the nonprofit organization under terms of the financial agreement. (b) State organizations entering into agreements with nonprofit organizations shall report to the state auditor all such agreements and shall provide each individual nonprofit organization's name, fiscal year end, contract amount, and other information as required by the state auditor. (c) When contracting with a nonprofit organization, a state organization shall provide the nonprofit organization with the following financial and compliance information: (1) Identification of any state funds included as part of the contract. Such identification should include the contract number; (2) Identification of any federal pass-through assistance included as part of the contract. Such identification should include the Catalog of Federal Domestic Assistance number; and (3) Identification of requirements imposed by federal laws, regulations, and the provisions of contracts as well as any state or supplementary requirements imposed by state law or the contributing state organization. (d) State organizations contracting with nonprofit organizations shall review the corrective action plans to ensure that appropriate corrective action has been taken by the nonprofit organization. If the corrective action listed is determined to be inappropriate, the state organization should formally request additional corrective action by the nonprofit organization. No state organization shall transfer to a nonprofit organization any public funds from any source if a nonprofit organization does not take appropriate corrective action for findings determined to be significant by the state organization. 50-20-6. (a) A nonprofit organization which receives state awards from a state organization and which, after having received the funds, does not

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comply with this chapter shall be required to repay the funds to the state organization and shall be prohibited from receiving funds from any state organization for a period of 12 months from the date of notification by the state organizations or the state auditor of the failure to comply. (b) This Code section shall be cumulative to any other penalties applicable to the misuse of public funds. 50-20-7. All reporting packages, financial statements, audit reports, and other schedules required by this chapter shall be public records and shall be made available for public inspection during regular office hours. 50-20-8. (a) Except as provided in paragraphs (1) through (3) of subsection (b) and paragraphs (1) and (2) of subsection (c) of this Code section, all contracts between a nonprofit organization and a state organization shall be subject to this chapter. (b) This chapter shall not apply to: (1) Procurement contracts used to buy goods or services from vendors; (2) Individual employment contracts; and (3) Benefit payments or other related payments made by state organizations to a nonprofit organization on behalf of individuals for health care or other services. (c) The provisions of subsection (b) of Code Section 50-20-3 shall not apply to the following: (1) Nonprofit organizations affiliated with the University System of Georgia which are organized or operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations in the name of the board of regents or individual units of the University System of Georgia or related programs and which expend less than $25,000.00 in state awards; (2) Nonprofit organizations affiliated with the State Board of Technical and Adult Education or with postsecondary technical schools operated under the stte level management and operational control of the State Board of Technical and Adult Education which organizations are operated primarily for the purpose of serving, soliciting, receiving, and investing gifts and donations for the board, such schools, or related programs and which expend less than $25,000.00 in state awards; and

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(3) Nonprofit organizations which expend less than $25,000.00 in state awards. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. HEALTHLEAD POISONING PREVENTION. Code Sections 31-41-3, 31-41-4, and 31-41-6 Amended. No. 662 (Senate Bill No. 481). AN ACT To amend Chapter 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, so as to change certain definitions; to change certain provisions relating to abatement on a person's property; to provide for enforcement and 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 41 of Title 31 of the Official Code of Georgia Annotated, relating to lead poisoning prevention, is amended by striking in its entirety Code Section 31-41-3, relating to definitions applicable to the lead hazard reduction program, and inserting in lieu thereof the following: 31-41-3. As used in this chapter, the term: (1) `Abatement' means any set of measures designed to eliminate lead-based paint hazards, in accordance with standards developed by the board, including: (A) Removal of lead-based paint and lead contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead contaminated soil; and (B) All preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) `Accessible surface' means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew.

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(2.1) `Board' means the Board of Natural Resources of the State of Georgia. (3) `Department' means the Department of Natural Resources. (4) `Friction surface' means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (5) `Impact surface' means an interior or exterior surface or fixture that is subject to damage by repeated impacts, for example, certain parts of door frames. (6) `Inspection' means a surface by surface investigation to determine the presence of lead-based paint and the provision of a report explaining the results of the investigation. (7) `Interim controls' means a measure or set of measures as specified by the board taken by the owner of a structure that are designed to control temporarily human exposure or likely exposure to lead-based paint hazards. (8) `Lead-based paint' means paint or other surface coatings that contain lead in excess of limits established by board regulation. (9) `Lead-based paint activities' means the inspection and assessment of lead hazards and the planning, implementation, and inspection of interim controls and abatement activities as determined by the department. (10) `Lead-based paint hazard' means any condition that causes exposure to lead from lead contaminated dust, lead contaminated soil, or lead contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established pursuant to Section 403 of the Toxic Substance Control Act. (11) `Lead contaminated dust' means surface dust in residential dwellings or in other facilities occupied or regularly used by children that contains an area or mass concentration of lead in excess of levels determined pursuant to Section 403 of the Toxic Substance Control Act. (12) `Lead contaminated soil' means bare soil on residential real property on other sites frequented by children that contains lead at or in excess of levels dtermined to be hazardous to human health pursuant to Section 403 of the Toxic Substance Control Act. (13) `Lead contaminated waste' means any discarded material resulting from an abatement activity that fails the toxicity characteristics determined by the department.

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(14) `Lead firm' means a company, partnership, corporation, sole proprietorship, association, or other business entity that employs or contracts with persons to perform lead-based paint activities. (15) `Lead inspector' means a person who conducts inspections to determine the presence of lead-based paint or lead-based paint hazards. (16) `Lead project designer' means a person who plans or designs abatement activities and interim controls. (17) `Lead risk assessor' means a person who conducts on-site risk assessments of lead hazards. (18) `Lead supervisor' means a person who supervises and conducts abatement of lead-based paint hazards. (19) `Lead worker' means any person performing lead hazard reduction activities. (20) `Risk assessment' means an on-site investigation to determine and report the existence, nature, severity, and location of lead-based paint hazards in or on any structure or site, including: (A) Information gathering regarding the age and history of the structure and the occupancy or other use by young children; (B) Visual inspection; (C) Limited wipe sampling or other environmental sampling techniques; (D) Other activity as may be appropriate; and (E) Provision of a report explaining the results of the investigation. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 31-41-4, relating to the creation of the lead hazard reduction program, and inserting in lieu thereof the following: 31-41-4. (a) There is established the Georgia Lead-Based Paint Hazard Reduction Program. The Department of Natural Resources is designated as the state agency responsible for implementation, administration, and enforcement of such program. The commissioner may delegate such duties to the Environmental Protection Division. (b) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement certification programs

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shall issue regulations requiring the development and approval of training programs for the licensing or certification of persons performing lead-based paint hazard detection or lead-based paint activities, which may include, but shall not be limited to, lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers of such persons. The regulations for the approval of training programs shall include minimum requirements for approval of training providers, curriculum requirements, training hour requirements, hands-on training requirements, examinations of competency and proficiency, and training program quality control. The approval program shall provide for reciprocal approval of training programs with comparable requirements approved by other states or the United States. The approval program may be designed to meet the minimum requirements for federal approval under Section 404 of the federal Toxic Substances Control Act and the department may apply for such approval. The department shall establish fees for approval of such training programs. (c) (1) The Board of Natural Resources not later than one year after the effective date of regulations promulgated by the federal Environmental Protection Agency relating to lead paint abatement certification programs shall establish training and licensure requirements for lead inspectors, lead risk assessors, lead project designers, lead firms, lead supervisors, and lead workers. No person shall be licensed under this chapter unless such person has successfully completed the appropriate training program, passed an examination approved by the department for the appropriate category of license, and completed any additional requirements imposed by the board by regulation. The department is authorized to accept any lead-based paint hazard training completed after January 1, 1990, in full or partial satisfaction of the training requirements. The board may establish requirements for periodic refresher training for all licensees as a condition of license renewal. The board shall establish examination fees, license fees, and renewal fees for all licenses issued under this chapter, provided that such fees shall reflect the cost of issuing and renewing such licenses, regulating licensed activities, and administering the program. (2) On and after the effective date of regulations promulgated by the board as provided in subsection (b) of this Code section, no person shall perform or represent that such person is qualified to perform any lead-based paint activities unless such person possesses the appropriate licensure or certification as determined by the board or unless such person is: (A) An owner performing abatement upon that person's own residential property, unless the residential property is occupied by a person or persons other than the owner or the owner's immediate family while these activities are being performed, or a child residing in the building has been identified as having an elevated blood lead level;

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(B) An employee of a property management company doing routine cleaning and repainting upon property managed by that company where there is insignificant damage, wear, or corrosion of existing lead-containing paint or coating substances; or (C) An owner routinely cleaning or repainting his or her property where there is insignificant damage to, wear of, or corrosion of existing lead-containing paint or coating substances. (3) A person who is employed by a state or county health department or state or federal agency to conduct lead investigations to determine the sources of lead poisonings, as determined by the department, shall be subject to licensing pursuant to paragraph (2) of this subsection as a lead risk assessor but shall not be required to pay any fees as otherwise required under this chapter or under rules and regulations promulgated by the board under this chapter. (d) The board shall promulgate regulations establishing standards of acceptable professional conduct for the performance of lead-based paint activities, as well as specific acts and omissions that constitute grounds for the reprimand of any licensee, the suspension, modification, or revocation of a license, or the denial of issuance or renewal of a license. SECTION 3 . Said chapter is further amended by adding at the end of Code Section 31-41-6, relating to federal regulations and fees, new subsections (c), (d), (e), and (f) to read as follows: (c) The department is authorized to issue a corrective order to any person in violation of this chapter or any regulation promulgated pursuant thereto. The order shall specify the provisions of this chapter or any regulation alleged to have been violated and shall order necessary corrective action be taken within a reasonable time to be prescribed in such order. (d) The department is authorized to revoke or suspend any license, certification, approval, or accreditation issued hereunder in accordance with regulations promulgated pursuant to this chapter. (e) It shall be unlawful for any person to engage in training or lead-based paint activities regulated under this chapter except in such a manner as to conform to and comply with this chapter and all applicable regulations and orders established under this chapter. (f) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor.

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SECTION 4 . This Act shall become effective on July 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CONSERVATION AND NATURAL RESOURCESVIOLATIONS OF REGULATIONS; PARKS, HISTORIC SITES, AND RECREATION AREAS REQUIRING PERMITS; BOATS OPERATED ON STATE PARK LAKES. Code Sections 12-2-2 and 12-3-10 Amended. Code Section 12-3-10.1 Enacted. No. 664 (Senate Bill No. 484). AN ACT To amend Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, so as to change a certain date applicable to criminal enforcement of regulations; to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, so as to provide that persons may not enter areas requiring permits without such a permit; to amend certain restrictions applicable to the operation of boats on certain state park lakes; to provide for certain penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to the Department of Natural Resources, is amended by striking in its entirety paragraph (5) of subsection (c) of Code Section 12-2-2, relating to the Environmental Protection Division, Environmental Advisory Council, and inspections, and inserting in lieu thereof the following: (5) Notwithstanding any other law to the contrary, for purposes of establishing criminal violations of the standards, rules, and regulations promulgated by the Board of Natural Resources as provided in this title, the term `standards, rules, and regulations' shall mean those standards, rules, and regulations of the Board of Natural Resources in force and effect on January 1, 1998. SECTION 2 . Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks, historic sites, and recreational areas, is amended by striking in its

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entirety Code Section 12-3-10, relating to directing persons to leave such parks, sites, and areas, and inserting in lieu thereof the following: 12-3-10. (a) As used in this Code section, the term `park, historic site, or recreational area' means a park, historic site, or recreational area which is operated by or for and is under the custody and control of the department. (b) It shall be unlawful for any person to enter upon any park, historic site, or lands managed by the Department of Natural Resources except when in compliance with all applicable laws and all rules, regulations, and permits adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9. (c) It shall be unlawful for any person, in any manner, to mark on, deface, injure, displace, dig, excavate, remove, or construct on any real or personal property on any park, historic site, or recreational area, except when done with special written permission granted by the commissioner of natural resources or his authorized representative. (d) It shall be unlawful for any person to drive a vehicle on any roads in a park, historic site, or recreational area in excess of 35 miles per hour. It shall also be unlawful for any person to drive a vehicle in excess of 15 miles per hour within 200 feet of an intensive-use area in a park, historic site, or recreational area. As used in this subsection, the term `vehicle' means any wheeled conveyance for the transportation of persons or materials. As used in this subsection, the term `intensive-use area' means a picnic area, a beach or pool area, a check-in station, or a camping or cabin area. (e) It shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes: (1) A. H. Stephens Federal Lake and Lake Liberty; (2) Black Rock Mountain Lake; (3) Vogel-Lake Trahlyta; (4) Franklin D. Roosevelt-Lake Delano; (5) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year; (6) Unicoi Lake; (7) Willaway Inlet of Fort Yargo Lake (25 acres). (f) It shall be unlawful to use a boat, other than one on official business, with any type of motor on the following state park lakes:

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(1) Unicoi Lake; (2) Willaway Inlet of Fort Yargo Lake (25 acres). (3) Fort Mountain Lake. (g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than an electric motor on the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. `Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin; (5) John D. Tanner Lake (the 12 acre lake); (6) Sweetwater Creek Lake; (7) Hard Labor Creek Lake (the 37 acre lake). (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither electric nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M.

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eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and sunset). (i) It shall be unlawful for any person to fish in waters of any park, historic site, or recreational area, except for boat fishing between the hours of 7:00 A.M. and sunset and bank fishing between the hours of 7:00 A.M. and 10:00 P.M. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department for fisheries management purposes. (j) It shall be unlawful to fish commercially or to buy or sell fish caught in the waters of any park, historic site, or recreational area. (k) It shall be unlawful to fish with any device other than a pole and line or rod and reel in the waters of any park, historic site, or recreational area, except with the written permission of the commissioner of natural resources or his authorized representative. (l) It shall be unlawful to hunt, trap, or otherwise pursue or catch any wildlife in any park, historic site, or recreational area, unless such activity involves the use of bows and arrows, primitive weapons, rifles, or shotguns and has been approved by prior written permission of the commissioner of natural resources or the commissioner's authorized representative. It shall also be unlawful to shoot into a park, historic site, or recreational area from beyond the boundaries of such park, historic site, or recreational area. (m) It shall be unlawful for any intoxicated person to enter or remain on any park, historic site, or recreational area. It shall also be unlawful for any person to consume or use alcoholic beverages or intoxicants in any public use area of a park, historic site, or recreational area. As used in this subsection, the term `public use area' shall not include cabins, rooms, trailers, tents, and conference facilities which facilities are rented for exclusive use by one individual or group. (n) It shall be unlawful for any person to use in any park, historic site, or recreational area any electronic device for the detection of metals, minerals, artifacts, or lost articles or for treasure hunting. (o) It shall be unlawful for any person to use or possess in any park, historic site, or recreational area any fireworks, explosives, or firecrackers, unless stored so as not to be readily accessible or unless such use has been approved by prior written permission of the commissioner of natural resources or his authorized representative. It shall also be unlawful for any person to use or possess in any park, historic site, or recreational area any firearms, bows and arrows, spring guns, air rifles, slingshots, or any other device which discharges projectiles by any means, unless the device is unloaded and stored so as not to be readily accessible or unless such use has been approved within restricted areas

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by prior written permission of the commissioner of natural resources or his authorized representative. (p) It shall be unlawful to refuse to leave a park, historic site, or recreational area after violating any law or regulation of the Board of Natural Resources promulgated pursuant to Code Section 12-3-9 and after being directed to leave by an authorized representative of the department. (q) It shall be unlawful for any person to park a vehicle at any place within any park, historic site, or recreational area, including upon the right of way of any county, state, or federal highway which traverses the park, historic site, or recreational area, where signs placed at the direction of the commissioner of natural resources or his official designee prohibit parking or condition the privilege of parking upon the purchase and display of a parking permit. The posting of signs at the entrances of a park, historic site, or recreational area designating the places for which a parking permit is required shall constitute sufficient notice for the entire park, historic site, or recreational area. (r) Any person who violates any of the provisions of this Code section commits the offense of criminal trespass. (s) (1) The jurisdiction of the probate courts of the several counties of this state is enlarged and extended so that probate courts, acting by and through the judge or presiding officer, shall have the right and power to receive pleas of guilty and impose sentence upon defendants violating the provisions of this Code section. (2) When a person is arrested for any violation of the provisions of this Code section, the arresting officer may, at his discretion, choose to issue to the offender a summons to appear before a court of jurisdiction. Every such summons shall show: (A) That it is issued by authority of the department; (B) The name of the person summoned or, if the person to be summoned refuses to give his name or the officer serving the summons believes the name given is false or if the officer is for other cause unable to ascertain the correct name of the person to be summoned, a fictitious name plainly identified as such; (C) The offense with which the person being summoned is charged and the date and location of the alleged offense; (D) The location of the court and the day and hour at which he is summoned to appear; (E) That failure to so appear is a violation of Georgia laws and subject to prosecution; (F) The date the summons is served; and

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(G) The name and official designation of the officer serving it. (3) Personal delivery of the summons to the person charged or, if the violation is for a vehicle parking violation and the vehicle illegally parked is unattended, the placement of the summons on the windshield of the driver's side of the illegally parked vehicle shall constitute due and proper service of the summons. (4) Every person so summoned shall appear at the place and on the date ordered except in cases where a bond has been posted in lieu of the summons or where the court has granted a continuance. (5) The officer serving a summons pursuant to this subsection shall, on or before the return date of the summons, deliver a copy thereof to the court before which it is returnable, or to the clerk of such court, and shall file any information and such affidavits as may be required with respect to the alleged offense. (6) If the person charged shall fail to appear as specified in the summons, the judge having jurisdiction of the offense may issue a warrant ordering the apprehension of the person commanding that he be brought before the court to answer the charge contained within the summons and the charge of his failure to appear as required. The person shall then be allowed to make a reasonable bond to appear on a given date before the court. SECTION 3 . Said chapter is further amended by inserting after Code Section 12-3-10, relating to directing persons to leave parks, historic sites, or recreation areas, a new Code Section 12-3-10.1 to read as follows: 12-3-10.1. (a) Any person who violates any rules and regulations adopted pursuant to paragraph (1) of subsection (a) of Code Section 12-3-9 and who refuses to cease such violation after notice may be directed to leave the park, historic site, or recreational area on which the violation occurs. A person shall have no legal authority, right, or privilege to remain upon a state park, historic site, or recreational area after receiving such a direction. (b) Any person violating the provisions of this Code section shall be guilty of a misdemeanor. SECTION 4 . This Act shall become effective on July 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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REVENUE AND TAXATIONAD VALOREM TAXATION OF MOTOR VEHICLES; EXEMPTION FOR CERTAIN VEHICLES OWNED BY OR LEASED TO DISABLED VETERANS; REFERENDUM. Code Section 48-5-478 Amended. No. 665 (Senate Bill No. 489). AN ACT To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to change certain provisions relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law; to provide for a special election; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by striking Code Section 48-5-478, relating to a previous constitutional exemption from ad valorem taxation for disabled veterans continued in effect as statutory law, and inserting in lieu thereof the following: 48-5-478. A motor vehicle owned by or leased to a disabled veteran who is a citizen and resident of Georgia and on which such disabled veteran actually places the free disabled veteran motor vehicle license plate he or she receives from the State of Georgia is hereby exempted from all ad valorem taxes for state, county, municipal, and school purposes. The term `disabled veteran,' as used herein, means any wartime 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 and permanently disabled and entitled to receive service-connected benefits and any veteran who is receiving or who 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; (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

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extent that the widest diameter of visual field subtends on angular distance no greater than 20 degrees in the better eye. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that special election on the date of the November, 1998, general election. The Secretary of State shall issue the call and conduct that special election as provided by general law. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act be approved which broadens the ad valorem tax exemption for motor vehicles owned by disabled veterans to include motor vehicles leased to disabled veterans? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1999, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 3 . Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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INSURANCEFIREARMS KEPT ON PREMISES; NO EXCLUSION OR DENIAL OF COVERAGE. Code Section 33-24-30.1 Enacted. No. 667 (Senate Bill No. 562). AN ACT To amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide that no policy of insurance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured's family, or employees of the insured will keep or carry in a lawful manner firearms on the property or premises of the insured; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by adding between Code Sections 33-24-30 and 33-24-31 a new Code Section 33-24-30.1 to read as follows: 33-24-30.1. No policy of insurance issued or delivered in this state covering any loss, damage, expense, or liability shall exclude or deny coverage because the insured, members of the insured's family, or employees of the insured will keep or carry in a lawful manner firearms on the property or premises of the insured. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. STATE GOVERNMENTRECYCLED PAPER; USE BY STATE INSTITUTIONS. Code Section 50-5-60.2 Amended. No. 668 (Senate Bill No. 574). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to change requirements for the use of recycled paper by state institutions; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking in its entirety Code Section 50-5-60.2, relating to use of recycled paper products, which reads as follows: 50-5-60.2. (a) As used in this Code section, the term: (1) `Annual aggregate' means the total purchases for printing, writing, and computer paper within a fiscal year. (2) `Mill broke' means any paper waste generated in a paper mill prior to the completion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets. (3) `Recycled fiber content' means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke. (b) Each agency, department, and authority of state government shall meet the following annual aggregate schedule for the purchase of printing paper, writing paper, and computer paper including, but not limited to, stationery, envelopes, copier paper, bond, and greenbar: (1) At least 25 percent of the total fiber content shall be recycled fiber content by July 1, 1994; (2) At least 40 percent of the total fiber content shall be recycled fiber content by July 1, 1995; and (3) At least 50 percent of the total fiber content shall be recycled fiber content by July 1, 1996. (c) Each agency, department, and authority of state government shall document compliance with the schedule in subsection (b) of this Code section by filing an annual report with the Governor, Lieutenant Governor, and Speaker of the House of Representatives by the first day of September of each year, beginning in 1994. If an agency, department, or authority has failed to comply with such schedule, it shall give specific reasons, corroborated by documentation, for such failure. (d) The Department of Administrative Services shall facilitate the acquisition of the products needed to meet the requirements of subsection (b) of this Code section through the removal of barriers to the purchasing of recycled products, central purchasing, contract purchases, or delegation.

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(e) The Department of Administrative Services shall develop and publish not later than July 31, 1993, a process for reporting purchases of recycled printing, writing, and computer paper which specifies its recycled content, if any. Such department shall develop and implement educational programs to assist agencies, departments, and authorities in meeting the requirements of this part to maximize both purchasing power and the purchase of recycled products in the most cost efficient manner for each such agency, department, and authority., and inserting in lieu thereof the following: 50-5-60.2. (a) As used in this Code section, the term: (1) `Mill broke' means any paper waste generated in a paper mill prior to the completion of the paper-making process up to and including the cutting and trimming of the paper machine reel into small rolls or rough sheets. (2) `Printing and writing paper' means high grade office paper including but not limited to copier paper, bond paper, forms, stationery, envelopes, text and cover stock, as well as offset printing paper. (3) `Recycled content paper' means any paper having recycled fiber content. (4) `Recycled fiber content' means those materials and by-products that have been recovered or diverted from the solid waste stream. Such term does not include sawdust, wood chips, wood slabs, or the virgin content of mill broke. (b) At least 95 percent of moneys spent on printing and writing paper purchased by state agencies, commissions, and authorities shall be spent upon recycled content paper which meets or exceeds Environmental Protection Agency guidelines for minimum recycled content; provided, however, the provisions of this subsection shall not apply if the price of recycled content paper required by this Code section exceeds 8 percent of the price paid by the Department of Administrative Services for 100 percent virgin paper products or if the recycled content paper required by this Code section does not meet the standards, quality level, and specifications established by the Department of Administrative Services. (c) It shall be the responsibility of each agency, commission, and authority to monitor, document, and report its use of recycled content paper. Any state agency, institution, commission, and authority that documents and reports attainment of the 95 percent requirement set forth in subsection (b) of this Code section for two consecutive fiscal years shall still be required to monitor and document its use of recycled content paper but shall no longer be required to submit a report upon written conformation from the Department of Administrative Services

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that the 95 percent requirement set forth in subsection (b) of this Code section has been satisfied for two consecutive fiscal years by that particular agency, commission, institution, or authority; provided, however, that the Department of Administrative Services shall conduct periodic audits, and any state agency, institution, commission, and authority exempted from the reporting requirement pursuant to this subsection that is not satisfying the 95 percent requirement set forth in subsection (b) of this Code section may be directed by the Department of Administrative Services to resume reporting until reattainment of the 95 percent requirement set forth in subsection (b) of this Code section is confirmed for two additional consecutive fiscal years. (d) The Department of Administrative Services shall maintain and continue to develop and implement reporting procedures and educational programs to assist agencies, commissions, institutions, and authorities in meeting the requirements of this Code section to maximize both purchasing power and the use of recycled products by each such agency, commission, institution, and authority. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. LABOR AND INDUSTRIAL RELATIONSWORKERS' COMPENSATION; GEORGIA NATIONAL GUARD MEMBERS; FIREMEN; INDEMNIFICATION. Code Sections 34-9-260 and 45-9-81 Amended. No. 670 (Senate Bill No. 592). AN ACT To amend Code Section 34-9-260 of the Official Code of Georgia Annotated, relating to the basis for computing workers' compensation, so as to change the basis for computing the average weekly wage of certain members of the Georgia National Guard; to amend Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding the indemnification of certain law enforcement officers so as to include certain members of the Georgia National Guard and firemen; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Code Section 34-9-260 of the Official Code of Georgia Annotated, relating to the basis for computing workers' compensation, is amended by striking paragraph (6) thereof and inserting in its place the following: (6) The average weekly wage of a member of the Georgia National Guard serving on state active duty pursuant to an order by the Governor shall be the greater of: (A) Seven-thirtieths of the monthly pay and allowances of the individual at the time of the injury, computed in accordance with Code Section 38-2-250, adjusted from time to time for appropriated increases in such monthly pay and allowances, excluding longevity increases; or (B) If the injured member of the Georgia National Guard worked at the time of the injury in any employment other than serving as a member of the Georgia National Guard, the average weekly wage of the individual in such other employment as determined pursuant to paragraphs (1) through (5) of this Code section or, if such individual worked at the time of the injury for more than one employer, the average combined weekly wage of the individual in such multiple employment as determined pursuant to paragraphs (1) through (5) of this Code section. SECTION 2 . Code Section 45-9-81 of the Official Code of Georgia Annotated, relating to definitions regarding the indemnification of certain law enforcement officers, is amended by striking subparagraph (C) of paragraph (5) thereof and inserting in its place the following: (C) With respect to a law enforcement officer or fireman, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or fireman, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or fireman who is performing duties for and receiving compensation from a private employer at the time of such officer's or fireman's death or bodily injury causing permanent disability shall not be considered in the line of duty unless the officer or fireman has left the scope of his or her employment for the private employer for the direct purpose of enforcing or attempting to enforce fire service, the criminal or traffic laws, preserving or attempting to preserve public order, protecting or attempting to protect life or property, performing active state service as a member of the Georgia National Guard, preventing or attempting to prevent a crime, detecting or attempting to detect crime, or investigating or

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attempting to investigate crime. The determination that a law enforcement officer or fireman was killed or permanently disabled in the line of duty and is entitled to indemnification pursuant to this article shall not be considered in the determination of the entitlement of such officer to workers' compensation, disability, health, or other benefits from such officer's or fireman's public or private employer; or. SECTION 3 . Said Code section is further amended by striking paragraph (6) thereof and inserting in its place the following: (6) `Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision and employees designated and delegated law enforcement powers by the Public Service Commission pursuant to Code Sections 46-7-28 and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but Sections 2 and 3 of this Act shall only become effective on such date for members of the Georgia National Guard killed or permanently disabled on or after that date. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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LABOR AND INDUSTRIAL RELATIONSWORKERS' COMPENSATION; GROUP SELF-INSURANCE FUNDS; EXAMINATIONS TO VERIFY SOLVENCY. Code Section 34-9-172 Amended. No. 672 (Senate Bill No. 656). AN ACT To amend Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, so as to provide that the Commissioner of Insurance may contract with private examiners to accomplish such examinations; to provide for the payment of such examinations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to group self-insurance workers' compensation funds, is amended by striking in its entirety Code Section 34-9-172, relating to examinations by the Commissioner of Insurance to verify the solvency of such funds, and inserting in lieu thereof the following: 34-9-172. (a) The Commissioner shall have the authority to require and conduct periodic examinations to verify the solvency of funds in the same manner and under the same conditions as insurers are examined under Chapter 2 of Title 33, except that each fund shall be examined at least once each five years. The Commissioner shall have the authority to require information to substantiate that the sponsoring association is engaged in substantial activity for the benefit of its members in accordance with the definitions of Code Section 34-9-151, but that authority is not to be construed as the right to regulate or inspect that association or its members. (b) The Commissioner is authorized to contract with private examiners to conduct examinations pursuant to subsection (a) of this Code section. If employees of the department conduct the examinations, the fund being examined shall pay to the department the reasonable expense of conducting the examination. If contract examiners conduct the examination, the fund being examined shall, at the discretion of the Commissioner, pay the costs so incurred either to the department or to the contracting party. The Commissioner may use appropriated funds to conduct the examinations and shall provide by regulation for matters

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relative to the conduct of such examinations, including, without limitation, the expenditure of available funds for that purpose. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. COURTSJUDICIAL ASSISTANCE; SENIOR JUDGES. Code Sections 15-1-9.1 and 15-1-9.2 Amended. No. 695 (House Bill No. 1642). AN ACT To amend Code Section 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, so as to allow assistance on a permanent basis in certain situations; to amend Code Section 15-1-9.2, relating to requests for assistance of senior judges, so as to provide that any judge with a combination of ten years of service in a combination of certain courts shall be eligible for appointment as senior judge; to provide for the appointment of such senior judges; 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 15-1-9.1 of the Official Code of Georgia Annotated, relating to requesting judicial assistance from other courts, is amended by striking paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2) If assistance is needed from a judge from the same county, the chief judge of any court within such county of this state may make a written request for assistance to the chief judge of any other court within such county, a senior judge of the superior court, a retired judge, or a judge emeritus of any court within the county. The request by the chief judge may be made if one of the following circumstances arises: (A) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (B) A judge of the requesting court is unable to preside because of disability, illness, or absence; (C) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges; or

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(D) A majority of the judges of the requesting court determines that the business of the court requires the permanent assistance of an additional judge or additional judges. If the requesting court is a state or superior court, the assisting judge or assisting judges may hear and decide matters otherwise in the exclusive jurisdiction of the state or superior court without regard to time, type of case, or limitations contained in the rules of such state or superior court; provided, however, that a chief magistrate or magistrate may serve as a permanent assisting judge only in counties having a population of 180,000 or more according to the United States decennial census of 1990 or any future such census. SECTION 2 . Code Section 15-1-9.2 of the Official Code of Georgia Annotated, relating to requests for assistance of senior judges, is amended by inserting immediately following subsection (a) the following: (a.1) Notwithstanding the provisions of subsection (a) of this Code section, any Justice of the Supreme Court of Georgia or Judge of the Court of Appeals or any superior court judge, state court judge, magistrate court judge, or juvenile court judge who ceases holding office as a judge and who has a total of ten years of service in any combination of such offices may become a senior judge. Said combination must include at least five years' service as a Justice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court, or at least five years as total served in combination as Justice on the Supreme Court, Judge on the Court of Appeals, or judge of the superior court. (a.2) Senior judge status as provided in this Code section shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of

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this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998. CRIMES AND OFFENSESCRIMINAL STREET GANGS; WITNESS TAMPERING OR INFLUENCING; PROPERTY FORFEITURE; NUISANCE ABATEMENT; HARASSMENT OF VICTIM OR WITNESS; ASSISTANT DISTRICT ATTORNEYS. Code Titles 15, 16, 17, 20, and 35 Amended. No. 696 (House Bill No. 1391). AN ACT To enact the Georgia Street Gangs Act of 1998; to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to change the provisions relating to designated felonies in juvenile court; to provide procedures under which additional assistant district attorneys may be authorized; to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make unlawful certain acts designed to prevent certain information concerning criminal activity from being communicated to law enforcement officers or agencies or to the courts; to make unlawful certain conduct intended to obstruct justice; to provide penalties; to provide enhanced penalties for terroristic acts and threats done in retaliation for persons having appeared as a witness or party, produced evidence, or provided information to law enforcement officers or agencies or to the courts; to change the definition of the term racketeering activity under the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act; to revise comprehensively the Georgia Street Gang Terrorism and Prevention Act; to define certain terms; to make certain activities relating to criminal street gangs and criminal street gang activity unlawful; to provide for penalties; to provide for forfeiture of certain property; to provide for abatement of certain nuisances; to provide for civil actions for injunctions or damages; to amend Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, so as to provide additional conditions of bail or pretrial release under certain circumstances relating to activities of criminal street gangs; to provide for temporary restraining orders and protective orders in order to prevent and restrain offenses under Code Sections 16-10-32 and 16-10-93; to provide procedures relative to the issuance, expiration, and dissolvement of temporary restraining orders and protective orders; to amend Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus

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policemen, so as to require certain educational facilities to report criminal gang activity; to require that certain subjects be included in basic and in-service training of peace officers; to provide for certain findings by the General Assembly relating to the incarceration of members of criminal street gangs; to request and encourage certain state and local officials to develop policies and procedures relating to the incarceration of or custody of members of criminal street gangs; 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 . This Act shall be known and may be cited as the Georgia Street Gangs Act of 1998. SECTION 2 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by adding between subparagraphs (a)(2)(C) and (a)(2)(D) of Code Section 15-11-37, relating to designated felony acts, a new subparagraph (a)(2)(C.1) to read as follows: (C.1) Constitutes any violation of Code Section 16-15-4 relating to criminal street gangs; . SECTION 3 . Said Title 15 is further amended by adding after paragraph (2) of subsection (b) of Code Section 15-18-14, relating to assistant district attorneys, a new paragraph (3) to read as follows: (3) Subject to funds being appropriated by the General Assembly, such additional assistant district attorneys as may be authorized by the Prosecuting Attorneys' Council of the State of Georgia. SECTION 4 . Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is amended by adding at the end of Article 2 of Chapter 10, relating to obstruction of public administration and related offenses, a new Code Section 16-10-32 to read as follows: 16-10-32. (a) Any person who attempts to kill another person, with intent to: (1) Prevent the attendance or testimony of any person in an official proceeding; (2) Prevent the production of a record, document, or other object, in an official proceeding; or

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(3) Prevent the communication by any person to a law enforcement officer, prosecuting attorney, or judge of this state of information relating to the commission or possible commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than ten nor more than 20 years. (b) Any person who threatens or causes physical or economic harm to another person or a member of such person's family or household, threatens to damage or damages the property of another person or a member of such person's family or household, or attempts to cause physical or economic harm to another person or a member of such person's family or household with the intent to hinder, delay, prevent, or dissuade any person from: (1) Attending or testifying in an official proceedings; (2) Reporting in good faith to a law enforcement officer, prosecuting attorney, or judge of a court of this state, or its political subdivisions or authorities, the commission or possible commission of an offense under the laws of this state or a violation of conditions of probation, parole, or release pending judicial proceedings; (3) Arresting or seeking the arrest of another person in connection with a criminal offense; or (4) Causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two years nor more than ten years or by a fine of not less than $10,000.00 nor more than $25,000.00, or both. (c) (1) For the purposes of this Code section, the term `official proceeding' means any hearing or trial conducted by a court of this state or its political subdivisions, a grand jury, or an agency of the executive, legislative, or judicial branches of government of this state or its political subdivisions or authorities. (2) An official proceeding need not be pending or about to be instituted at the time of any offense defined in this Code section. (3) The testimony, record, document, or other object which is prevented or impeded or attempted to be prevented or impeded in an official proceeding in violation of this Code section need not be admissible in evidence or free of a claim of privilege. (4) In a prosecution for an offense under this Code section, no state of mind need be proved with respect to the circumstance:

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(A) That the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of this state, a magistrate, a grand jury, or an agency of state or local government; or (B) That the judge is a judge of this state or its political subdivisions or that the law enforcement officer is an officer or employee of the State of Georgia or a political subdivision or authority of the state or a person authorized to act for or on behalf of the State of Georgia or a political subdivision or authority of the state. (5) A prosecution under this Code section may be brought in the county in which the official proceeding, whether or not pending or about to be instituted, was intended to be affected or in the county in which the conduct constituting the alleged offense occurred. (d) Any crime committed in violation of subsection (a) or (b) of this Code section shall be considered a separate offense. SECTION 5 . Said Title 16 is further amended by striking in its entirety Code Section 16-10-93, relating to the offense of influencing witnesses, and inserting in lieu thereof a new Code Section 16-10-93 to read as follows: 16-10-93. (a) A person who, with intent to deter a witness from testifying freely, fully, and truthfully to any matter pending in any court, in any administrative proceeding, or before a grand jury, communicates, directly or indirectly, to such witness any threat of injury or damage to the person, property, or employment of the witness or to the person, property, or employment of any relative or associate of the witness or who offers or delivers any benefit, reward, or consideration to such witness or to a relative or associate of the witness shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (b) (1) It shall be unlawful for any person knowingly to use intimidation, physical force, or threats; to persuade another person by means of corruption or to attempt to do so; or to engage in misleading conduct toward another person with intent to: (A) Influence, delay, or prevent the testimony of any person in an official proceeding; (B) Cause or induce any person to: (i) Withhold testimony or a record, document, or other object from an official proceeding; (ii) Alter, destroy, mutilate, or conceal an object with intent to impair the object's integrity or availability for use in an official proceeding;

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(iii) Evade legal process summoning that person to appear as a witness or to produce a record, document, or other object in an official proceeding; or (iv) Be absent from an official proceeding to which such person has been summoned by legal process; or (C) Hinder, delay, or prevent the communication to a law enforcement officer, prosecuting attorney, or judge of this state of information relating to the commission or possible commission of a criminal offense or a violation of conditions of probation, parole, or release pending judicial proceedings. (2) Any person convicted of a violation of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than two nor more than ten years or by a fine of not less than $10,000.00 nor more than $20,000.00, or both. (3) (A) For the purposes of this Code section, the term `official proceeding' means any hearing or trial conducted by a court of this state or its political subdivisions, a grand jury, or an agency of the executive, legislative, or judicial branches of government of this state or its political subdivisions or authorities. (B) An official proceeding need not be pending or about to be instituted at the time of any offense defined in this subsection. (C) The testimony, record, document, or other object which is prevented or impeded or attempted to be prevented or impeded in an official proceeding in violation of this Code section need not be admissible in evidence or free of a claim of privilege. (D) In a prosecution for an offense under this Code section, no state of mind need be proved with respect to the circumstance: (i) That the official proceeding before a judge, court, magistrate, grand jury, or government agency is before a judge or court of this state, a magistrate, a grand jury, or an agency of state or local government; or (ii) That the judge is a judge of this state or its political subdivisions or that the law enforcement officer is an officer or employee of the State of Georgia or a political subdivision or authority of the state or a person authorized to act for or on behalf of the State of Georgia or a political subdivision or authority of the state. (E) A prosecution under this Code section may be brought in the county in which the official proceeding, whether or not pending or about to be instituted, was intended to be affected or in the county in which the conduct constituting the alleged offense occurred.

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(c) Any crime committed in violation of subsection (a) or (b) of this Code section shall be considered a separate offense. SECTION 6 . Said Title 16 is further amended by adding at the end of Code Section 16-11-37, relating to the offense of terroristic threats and acts, a new subsection (d) to read as follows: (d) A person who commits or attempts to commit a terroristic threat or act with the intent to retaliate against any person for: (1) Attending a judicial or administrative proceeding as a witness or party or producing any record, document, or other object in a judicial or official proceeding; or (2) Providing to a law enforcement officer, adult or juvenile probation officer, prosecuting attorney, or judge any information relating to the commission or possible commission of an offense under the laws of this state or of the United States or a violation of conditions of bail, pretrial release, probation, or parole shall be guilty of the offense of a terroristic threat or act and, upon conviction thereof, shall be punished by imprisonment for not less than five nor more than ten years or by a fine of not less than $50,000.00 or both. SECTION 7 . Said Title 16 is further amended by striking subparagraphs (9)(A)(xxxi) and (9)(A)(xxxii) of Code Section 16-14-3, relating to definitions under the Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act, and inserting in lieu thereof the following: (xxxi) Code Section 16-11-37, relating to terroristic threats and acts; (xxxii) Code Section 16-5-44.1, relating to motor vehicle hijacking; (xxiii) Code Section 16-10-32, relating to tampering with witnesses, victims, or informants; (xxxiv) Code Section 16-10-97, relating to intimidation of grand or petit juror or court officer; or (xxxv) Article 11 of Chapter 1 of Title 7 and Sections 5311 through 5330 of Title 31 of the United States Code relating to records and reports of currency transactions. SECTION 8 . Said Title 16 is further amended by striking in its entirety Chapter 15, relating to street gang terrorism and prevention, and inserting in lieu thereof a new Chapter 15 to read as follows:

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CHAPTER 15 16-15-1. This chapter shall be known and may be cited as the `Georgia Street Gang Terrorism and Prevention Act.' 16-15-2. (a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of freedom of expression and association. The General Assembly recognizes the constitutional right of every citizen to harbor and express beliefs on any lawful subject whatsoever, to associate lawfully with others who share similar beliefs, to petition lawfully constituted authority for a redress of perceived grievances, and to participate in the electoral process. (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods. These activities, both individually and collectively, present a clear and present danger to public order and safety and are not constitutionally protected. (c) The General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing. It is the intent of the General Assembly in enacting this chapter to seek the eradication of criminal activity by street gangs by focusing upon patterns of criminal gang activity and upon the organized nature of street gangs which together are the chief source of terror created by street gangs. (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by street gangs. 16-15-3. As used in this chapter, the term: (1) `Criminal street gang' means any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in a pattern of criminal gang activity as defined in subsection (2) of this Code section. The existence of such organization, association, or group of individuals associated in fact may be established by evidence of a common name or common

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identifying signs, symbols, tattoos, graffiti, or attire or other distinguishing characteristics. (2) `Pattern of criminal gang activity' means the commission, attempted commission, conspiracy to commit, or solicitation, coercion, or intimidation of another person to commit at least two of the following offenses, provided that at least one of these offenses occurred after July 1, 1998, and the last of such offenses occurred within three years, excluding any periods of imprisonment, of prior criminal gang activity: (A) Any offense defined as racketeering activity by Code Section 16-14-3; (B) Any offense defined in Article 7 of Chapter 5 of this title, relating to stalking; (C) Any offense defined in Code Section 16-6-1 as rape, 16-6-2 as aggravated sodomy, 16-6-3 as statutory rape, or 16-6-22.2 as aggravated sexual battery; (D) Any offense defined in Article 3 of Chapter 10 of this title, relating to escape and other offenses related to confinement; (E) Any offense defined in Article 4 of Chapter 11 of this title, relating to dangerous instrumentalities and practices; (F) Any offense defined in Code Section 42-5-15, 42-5-16, 42-5-17, 42-5-18, or 42-5-19, relating to the security of state or county correctional facilities; and (G) Any offense defined in Code Section 49-4A-11, relating to aiding or encouraging a child to escape from custody. 16-15-4. (a) It shall be unlawful for any person employed by or associated with a criminal street gang to conduct or participate in such criminal street gang through a pattern of criminal gang activity. (b) It shall be unlawful for any person to acquire or maintain, directly or indirectly, through a pattern of criminal gang activity or proceeds derived therefrom any interest in or control of any real or personal property of any nature, including money. (c) It shall be unlawful for any person who occupies a position of organizer, supervisory position, or any other position of management with regard to a criminal street gang to engage in, directly or indirectly, or conspire to engage in a pattern of criminal gang activity. (d) It shall be unlawful for any person to cause, encourage, solicit, or coerce another to participate in a criminal street gang.

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(e) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to deter such person from assisting a member or associate of a criminal street gang to withdraw from such criminal street gang. (f) It shall be unlawful for any person to communicate, directly or indirectly, with another any threat of injury or damage to the person or property of the other person or to any associate or relative of the other person with the intent to punish or retaliate against such person for having withdrawn from a criminal street gang. (g) (1) Any person who violates subsection (a) or (b) of this Code section shall, in addition to any other penalty imposed by law, be punished by imprisonment for not less than three nor more than 15 years or by a fine of not less than $5,000.00 nor more than $10,000.00, or both. (2) Any person who violates subsection (c) of this Code section may, in addition to any other penalty provided by law, be punished by imprisonment for an additional ten years which shall be served consecutively to any other sentence imposed on such person by law. (3) Any person who violates subsection (d), (e), or (f) of this Code section shall, in addition to any other penalty provided by law, be punished by imprisonment for not less than one nor more than ten years. (h) Any crime committed in violation of this Code section shall be considered a separate offense. 16-15-5. (a) The following are declared to be contraband and no person shall have a property interest in them: (1) All property which is directly or indirectly used or intended for use in any manner to facilitate a violation of this chapter; and (2) Any property constituting or derived from gross profits or other proceeds obtained from a violation of this chapter. (b) In any action under this Code section, the court may enter such restraining orders or take other appropriate action, including acceptance of performance bonds, in connection with any interest that is subject to forfeiture. (c) Within 60 days of the date of the seizure of contraband pursuant to this Code section, the district attorney shall initiate a forfeiture proceeding as provided in Code Section 16-13-49. An owner or interest holder, as defined by subsection (a) of Code Section 16-13-49, may establish as a

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defense to the forfeiture of property which is subject to forfeiture under this Code section the applicable provisions of subsection (e) or (f) of Code Section 16-13-49. Property which is forfeited pursuant to this Code section shall be disposed of as provided in Code Section 16-13-49 and the proceeds of such disposition shall be paid to the Criminal Justice Coordinating Council for use in funding gang prevention projects. 16-15-6. Nothing in this chapter shall prevent a local governing body from adopting and enforcing ordinances relating to gangs and gang violence which are consistent with this chapter. Where local laws duplicate or supplement the provisions of this chapter, this chapter shall be construed as providing alternative remedies and not as preempting the field. 16-15-7. (a) Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41, relating to nuisances. (b) An action to abate a nuisance pursuant to this Code section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city, or county attorney in any superior, state, or municipal court. (c) Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by Chapter 5 of Title 10 or by the federal Securities and Exchange Commission. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2. (d) The state, any political subdivision thereof, or any person aggrieved by a pattern of gang activity may bring an action to enjoin violations of this chapter in the same manner as provided in Code Section 16-14-6. 16-15-8. A conviction of an offense defined as criminal gang activity shall estop the defendant in any subsequent civil action or proceeding as to matters proved in the criminal proceeding.

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SECTION 9 . Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by adding at the end of subsection (f) of Code Section 17-6-1, relating to where offenses are bailable, a new paragraph (4) to read as follows: (4) If probable cause is shown that the offense charged is in furtherance of a pattern of criminal gang activity as defined by Code Section 16-15-3, the court shall require increased bail and shall include as a condition of bail or pretrial release that the defendant shall not have contact of any kind or character with any other member or associate of a criminal street gang and that the defendant shall not have contact of any kind or character with the victim or any member of the victim's family or household. SECTION 10 . Said Title 17 is further amended by adding at the end of Chapter 17, known as the Crime Victims' Bill of Rights, a new Code Section 17-17-16 to read as follows: 17-17-16. (a) As used in this Code section, the term: (1) `Course of conduct' spans a series of acts over a period of time, however short, indicating a continuity of purpose. (2) `Harassment' means a course of conduct directed at a specific person that causes substantial emotional distress in such person. (b) (1) A superior court, upon application of a prosecuting attorney, shall issue a temporary restraining order prohibiting harassment of a victim or witness in a criminal case if the court finds from specific facts shown by affidavit or by verified complaint that there are reasonable grounds to believe that harassment of an identified victim or witness in a criminal case exists or that such order is necessary to prevent and restrain an offense under Code Section 16-10-32 or 16-10-93. (2) (A) A temporary restraining order may be issued under this Code section without written or oral notice to the adverse party or such party's attorney in a civil action under this Code section if the court finds, upon written certification of facts by the prosecuting attorney, that such notice should not be required and that there is a reasonable probability that the state will prevail on the merits. (B) A temporary restraining order issued without notice under this Code section shall be endorsed with the date and hour of issuance and be filed forthwith in the office of the clerk of the court issuing the order.

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(C) A temporary restraining order issued under this Code section shall expire at such time, not to exceed ten days from issuance, as the court directs. The court, for good cause shown before expiration of such order, may extend the expiration date of the order for up to ten days or for such longer period agreed to by the adverse party. (D) When a temporary restraining order is issued without notice, the motion for a protective order shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character; and at the hearing, if the prosecuting attorney does not proceed with the application for a protective order, the court shall dissolve the temporary restraining order. (E) If on two days' notice to the prosecuting attorney or on such shorter notice as the court may prescribe, the adverse party appears and moves to dissolve or modify the temporary restraining order, the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. (F) A temporary restraining order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail and not by reference to the complaint or other document the act or acts being restrained. (c) (1) A superior court, upon motion of the prosecuting attorney, shall issue a protective order prohibiting harassment of a victim or witness in a criminal case if the court, after a hearing, finds by a preponderance of the evidence that harassment of an identified victim or witness in a criminal case exists or that such order is necessary to prevent and restrain an offense under Code Section 16-10-32 or 16-10-93. (2) At the hearing referred to in paragraph (1) of this subsection, any adverse party named in the complaint shall have the right to present evidence and cross-examine witnesses. (3) A protective order shall set forth the reasons for the issuance of such order, be specific in terms, and describe in reasonable detail and not by reference to the complaint or other document the act or acts being restrained. (4) The court shall set the duration of effect of the protective order for such period as the court determines necessary to prevent harassment of the victim or witness but in no case for a period in excess of three years from the date of such order's issuance. The prosecuting attorney may, at any time within 90 days before the expiration of such order, apply for a new protective order under this Code section.

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(d) Article 5 of Chapter 11 of Title 9, relating to depositions and discovery, shall not apply to actions brought pursuant to this Code section. SECTION 11 . Chapter 8 of Title 20 of the Official Code of Georgia Annotated, relating to campus policemen, is amended by adding after Code Section 20-8-5 a new Code Section 20-8-6 as follows: 20-8-6. Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility. SECTION 12 . Said Title 35 is further amended by striking paragraph (20) of 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 paragraph (20) to read as follows: (20) To establish as part of the curriculum for basic and in-service training courses for all peace officers training on organized criminal activity and criminal street gangs;. SECTION 13 . The General Assembly recognizes that criminal street gangs have succeeded at times in maintaining their structure, organization, and discipline in penal institutions and have continued to conduct criminal activities while incarcerated. Therefore, the General Assembly requests and encourages state and local officials with responsibility for the operation of adult and juvenile penal institutions and related facilities to develop policies and procedures which will identify members of criminal street gangs and, where necessary, to separate members and associates of the same criminal street gang in order that such gang members cannot maintain the gang's structure, organization, and discipline and will have a more difficult time in conducting criminal activities while incarcerated in this state. SECTION 14 . Notwithstanding any provisions of Code Section 1-3-4.1 to the contrary, this Act shall become effective upon the first day of the month following its approval by the Governor or its becoming law without the approval of the Governor. SECTION 15 . All laws and parts of laws in conflict with this Act are repealed. Approved March 27, 1998.

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STATE PROPERTYCONVEYANCES TO SIDNEY W. SHORTT AND SHERRY E. SHORTT, DOUGLAS-COFFEE COUNTY INDUSTRIAL AUTHORITY, THEODORE I. JOCKISCH, AND THE CITY OF MARIETTA. No. 74 (Senate Resolution No. 489). A RESOLUTION Authorizing the conveyance of certain state owned real property located in White County, Georgia, to Sidney W. Shortt and Sherry E. Shortt and the acceptance of certain real property owned by Sidney W. Shortt and Sherry E. Shortt in consideration therefor; authorizing the conveyance of certain state owned real property located in Coffee County, Georgia; authorizing the conveyance of certain state owned or claimed real property located in Chatham County, Georgia, to Theodore I. Jockisch and the acceptance of certain real property owned or claimed by Theodore I. Jockisch in consideration therefor; authorizing the leasing of certain real property owned by the State of Georgia in Cobb County, Georgia; authorizing the conveyance of certain real property owned by the State of Georgia in Cobb County, Georgia; to provide effective dates; 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 White County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 6 of the 3rd District of White County, Georgia, and containing approximately 648 square feet, denoted as Parcel 2 on a plat of survey by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586, dated June 9, 1997, revised January 6, 1998, on file in the offices of the State Properties Commission; (3) Sidney W. Shortt and Sherry E. Shortt represent that they are the owners of certain real property lying and being in Land Lot 6 of the 3rd District of White County and containing approximately 648 square feet and denoted as Parcel 3 on said plat of survey prepared by Edwin G. Davidson, Georgia Registered Land Surveyor No. 2586; (4) Sidney W. Shortt and Sherry E. Shortt own a residence which adjoins state owned property under the custody of the Department of Natural Resources known as Unicoi State Park in White County; (5) Sidney W. Shortt and Sherry E. Shortt encroached onto state property in the construction of their residence; (6) Sidney W. Shortt and Sherry E. Shortt are desirous of exchanging the above-described Parcel 3, which they own, for the above-described

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Parcel 2 which the State of Georgia owns, thereby resolving the encroachment; and (7) The Department of Natural Resources has no objection to the exchange of the above-described properties; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in the City of Douglas, Coffee County, Georgia; (2) Said real property is more particularly described as All that tract or parcel of land containing three (3) acres of original Lot of Land No. 175 in the 6th Land District of Coffee County, Georgia, and more particularly described as follows: BEGINNING on the west boundary line of the right of way of U. S. Highway No. 441 at a point 752 feet north of the intersection of the south original land lot line of said lot with the west boundary line of the right of way of said highway; thence south 84 degrees west a distance of 653.4 feet; thence north 4 degrees 20 minutes west 200 feet; thence north 84 degrees east 653.4 feet to the west boundary line of the right of way of U. S. Highway No. 441; thence south 4 degrees 20 minutes east along the west boundary line of said right of way a distance of 200 feet to the point of beginning, 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) Said property is under the custody of the Georgia Department of Public Safety; (4) The above-described property was conveyed by Coffee County to the State of Georgia in 1964 for the consideration of $10.00; (5) The Douglas-Coffee County Industrial Authority is desirous of building a new State Patrol facility in exchange for conveyance of the above-described state owned property; and (6) The Department of Public Safety is desirous of bringing about said exchange; and WHEREAS: (1) The State of Georgia claims ownership to all coastal marshlands below the high water mark not specifically conveyed by a Crown Grant; (2) A certain portion of the above-mentioned marshlands containing approximately 260 acres and known as a portion of an area known as Causton's Bluff is located in Chatham County; (3) Theodore I. Jockisch claims ownership to certain marshlands and highground in Chatham County by virtue of a Crown Grant containing

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approximately 142 acres and known as a portion of an area known as Causton's Bluff and has evidenced such claim in Chatham County; (4) Ownership in title to the above-mentioned 142 acre tract of marshlands and highground is unclear; and (5) Theodore I. Jockisch is desirous of conveying his claim and interest to all of the marshlands which consist of approximately 131 acres and approximately 1.07 acres of highground in exchange for the state's conveying its claim and interest in approximately 9.57 acres of highground; and WHEREAS: (1) The State of Georgia is the owner of a certain tract or parcel of real property located in the City of Marietta, Cobb County, Georgia; (2) Said real property is all that tract or parcel of land situate, lying, and being in Cobb County, Georgia, lying in and being more particularly described as follows: All that certain tract or parcel of land containing approximately 0.32 of one acre and situated, lying and being in Land Lot 1218 of the 16th District, Second Section, Cobb County, Marietta, Georgia, and being more particularly described as follows: Beginning at a point in the north line of Depot Street, thirty-three (33) feet westwardly from and at right angles to the centerline of the main track of the Western and Atlantic Railroad; thence westwardly along said north line of Depot Street, a distance of one hundred (100) feet, more or less, to a point, said point being the southeastern corner of the property leased to the City of Marietta by lease agreement between the State Properties Commission and the City of Marietta dated September 4, 1973; thence northwardly along the eastern boundary of said leased property, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to a point in the south line of Mill Street; thence eastwardly along said south line of Mill Street, a distance of one hundred (100) feet, more or less, to a point, said point being thirty-three (33) feet westwardly from and at right angles to the centerline of said main track; thence southwardly along a line thirty-three (33) feet westwardly from and parallel to said centerline of main track, a distance of one hundred forty-one and three tenths (141.3) feet, more or less, to 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 lessee to the State Properties Commission for approval; and (3) Said property is under the custody of the State Properties Commission;

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(4) Said property was leased to the City of Marietta, Cobb County, on September 14, 1977, for a term of 20 years as authorized by RA 100 (HR 583-1560) of the 1976 General Assembly; and (5) The City of Marietta is desirous of leasing the above-described state property for an additional ten years with the option to purchase the property for the fair market value at any time during the term of the lease. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1 . That in all matters relating to the conveyance of the real herein described state owned property in White County and the acceptance of the herein described Sidney W. Shortt and Sherry E. Shortt owned real 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 and empowered to convey the above-described real property in White County by appropriate instrument to Sidney W. Shortt and Sherry E. Shortt and to accept as consideration therefor from Sidney W. Shortt and Sherry E. Shortt a conveyance of the above-described Sidney W. Shortt and Sherry E. Shortt owned real property, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That the authorization in this resolution to convey the above-described property to Sidney W. Shortt and Sherry E. Shortt 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 White 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 located in Coffee County and that in all matters relating to the conveyance

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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 Douglas-Coffee County Industrial Authority by the State of Georgia, at such time as the Department of Public Safety declares the subject property surplus to its need, 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 8 . That the Douglas-Coffee County Industrial Authority shall construct a new Georgia State Patrol facility acceptable to the Georgia State Patrol prior to the Georgia State Patrol vacating the current facility. SECTION 9 . That the authorization in this resolution to convey the above-described property to the Douglas-Coffee County Industrial Authority shall expire three years after the date that this resolution becomes effective. SECTION 10 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 11 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 12 . That in all matters relating to the conveyance of the real herein described state owned property or property interest in Chatham County, Georgia, and the acceptance of the herein described Theodore I. Jockisch owned real property the State of Georgia is acting by and through its State Properties Commission. SECTION 13 . That the State of Georgia, acting by and through its State Properties Commission, is authorized and empowered to convey the herein described 9.57 acres of state owned real property in Chatham County by appropriate instrument to Theodore I. Jockisch and to accept as consideration therefor from Theodore I. Jockisch a conveyance of the above-described Theodore

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I. Jockisch owned real property and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 14 . That the authorization in this resolution to convey the above-described property to Theodore I. Jockisch shall expire three years after the date this resolution becomes effective. SECTION 15 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 16 . 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. ARTICLE IV SECTION 17 . That the State of Georgia is the owner of the referenced above-described real property in Land Lot 1218 of the 16th District, Second Section, Cobb County and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. SECTION 18 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to lease the above-described tract of land to the City of Marietta for a period of ten years commencing with the execution of the lease agreement. SECTION 19 . That the consideration for such lease shall be $250.00 per year, so long as the property is used for public purposes, 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.

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SECTION 20 . That any sublease of subject property must be approved by the State Properties Commission, and any remuneration resulting from a sublease in excess of $250.00 per year is to be remitted to the State of Georgia. SECTION 21 . That the State of Georgia, acting by and through its State Properties Commission, is authorized to convey the above-described tract of land to the City of Marietta for a consideration of the fair market value at any time during the term of the above-authorized lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 22 . That the authorization in this resolution to lease the above-described property to the City of Marietta shall expire five years after the date that this resolution becomes effective. SECTION 23 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such leasing. SECTION 24 . That this lease agreement shall be recorded by the grantee in the Superior Court of Cobb County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE V SECTION 25 . That Articles I, IV, and V of this resolution shall become effective upon their approval by the Governor or upon their becoming law without such approval. The remaining articles, sections, and provisions of this Act shall become effective July 1, 1998. SECTION 26 . All laws and parts of laws in conflict with this resolution are repealed. Approved March 27, 1998.

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STATE PROPERTYCONVEYANCES TO THE HANCOCK COUNTY BOARD OF COMMISSIONERS, THE APPLING COUNTY BOARD OF COMMISSIONERS, AND THE CITY OF ATLANTA. No. 75 (Senate Resolution No. 560). A RESOLUTION Authorizing the conveyance of certain state owned real property located in Hancock County; authorizing the conveyance of certain state owned real property located in Appling County; authorizing the conveyance of certain state owned real property located in Fulton County; 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 the City of Sparta, Hancock County, Georgia; (2) 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; (3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Hancock County; (4) 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; (5) The Hancock County Board of Commissioners conveyed the above-described property to the state December 1, 1959, for the consideration of $1.00; (6) The Hancock County Board of Commissioners is desirous of acquiring the above-described state owned property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Appling County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 191 of the 2nd District of Appling County and containing

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approximately 7.16 acres as shown on a plat of survey prepared by H. K. Emanuel dated December 2, 1961, 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; (3) Said property is under the custody of the Department of Defense and is the location of the National Guard Armory for Appling County; (4) The Department of Defense is consolidating its activities and responsibilities throughout the state and has determined that at some point in the future the subject property may be declared surplus; (5) The Appling County Board of Commissioners conveyed the above-described property to the state on January 12, 1962, for the consideration of $10.00; (6) The Appling County Board of Commissioners is desirous of acquiring the above-described state owned property for public use if the property is declared surplus; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia; (2) Said parcels of real property are all those portions of parcel 4 and parcel 8 as shown on Right of Way and Track Map, Western and Atlantic Railroad Company, drawing V221 and V302/1, containing approximately 1.69 acres, dated July 29, 1958, said parcels being described as parcels A, B and C and located in Land Lot 243 and Land Lot 244 of the 17th District of Fulton County, Georgia, 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 by the grantee to the State Properties Commission for approval; (3) The above-described property was a part of the state owned Western and Atlantic Railroad right of way and has been abandoned and is no longer needed by the state; (4) The City of Atlanta is expanding its R. M. Clayton Wastewater Treatment Plant on property which adjoins the above-described property; and (5) The City of Atlanta is desirous of obtaining the above-described property as a part of said expansion. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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ARTICLE I SECTION 1 . That the State of Georgia is the owner of the above-described real property located in Hancock County 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 located in Hancock County shall be conveyed by appropriate instrument to the Hancock County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission, for the consideration of $1.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia. SECTION 3 . That, if the Hancock County Board of Commissioners 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 Hancock County Board of Commissioners 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 Hancock County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE II SECTION 7 . That the State of Georgia is the owner of the above-described real property located in Appling County and that in all matters relating to the conveyance

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of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 8 . That the above-described real property located in Appling County may be conveyed by appropriate instrument to the Appling County Board of Commissioners by the State of Georgia, acting by and through the State Properties Commission after the Department of Defense declares the property surplus to its needs and vacates the facilities, 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 9 . That the authorization in this resolution to convey the above-described property to the Appling County Board of Commissioners shall expire five 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 Appling County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE III SECTION 12 . That the State of Georgia is the owner of the above-described real property located in Fulton County 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 13 . That the above-described real property located in Fulton County shall be conveyed by appropriate instrument to the City of Atlanta 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.

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SECTION 14 . That the authorization in this resolution to convey the above-described property to the City of Atlanta shall expire three years after the date that this resolution becomes effective. SECTION 15 . That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 16 . That the deed of conveyance shall be recorded by the grantee in the Superior Court of Fulton County and a recorded copy shall be forwarded to the State Properties Commission. ARTICLE IV SECTION 17 . All laws and parts of laws in conflict with this resolution are repealed. Approved April 2, 1998. HUGH ALTON CARTER BRIDGEDESIGNATED. No. 76 (Senate Resolution No. 655). A RESOLUTION Honoring Hugh Alton Carter and designating the Hugh Alton Carter Bridge; and for other purposes. WHEREAS, Honorable Hugh Alton Carter of Plains, Georgia, served with the utmost dedication and ability as a member of the Georgia State Senate for fourteen years beginning in 1967; and WHEREAS, he served his country with honor and distinction during World War II and continued his military service as a highly respected officer in the United States Army Reserves from 1946 until he retired as a Lieutenant Colonel in 1964; and WHEREAS, during his legislative service in the Senate, he represented the citizens of Georgia Senate District 14 and was held in high regard by the citizens and community leaders; and WHEREAS, he provided leadership and knowledge on a wide variety of public concerns throughout his tenure, and his talents were especially valued as the chairman of the Senate Education Committee and as a senior member on the Appropriations, Rules, and Fiscal Affairs Committees; and

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WHEREAS, in addition to his public service, he has been a successful businessman, a devout member of the Baptist Church, a beloved partner to his lovely wife Ruth Godwin Carter, and a mentor to their three very capable children: Hugh A. Carter, Jr., Dr. Laurie Carter Tharpe, and Connie Carter Collins; and WHEREAS, in light of his commendable service to the citizens of Georgia, it is most fitting that his many invaluable contributions to his community and state be recognized. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body pay tribute to Honorable Hugh Alton Carter for his distinguished public service and designate the bridge on United States Highway 280 3.7 miles west of Plains, Georgia, in Webster County across the pristine Choctohatchee Creek the Hugh Alton Carter Bridge. BE IT FURTHER RESOLVED that the Georgia Department of Transportation is authorized and directed to erect and maintain appropriate signs designating the bridge. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to the commissioner of transportation and to Honorable Hugh Alton Carter. Approved April 2, 1998. ELECTIONSMUNICIPAL ELECTION PROVISIONS MERGED WITH PROVISIONS RELATING TO ELECTIONS AND PRIMARIES GENERALLY; GEORGIA MUNICIPAL ELECTION CODE REPEALED; RELATED CODE REVISION. Code Title 21, Chapter 2 Amended. Code Title 21, Chapter 3 Repealed. No. 697 (Senate Bill No. 630). AN ACT To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to merge the provisions of Chapter 3 thereof, relating to municipal elections and primaries, into the provisions of Chapter 2 thereof, relating to elections and primaries generally; to delete certain provisions rendered superfluous by the foregoing; to amend the Official Code of Georgia Annotated to correct certain cross-references; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, is amended by striking in their entirety Article 1 thereof, relating to general provisions, with the exception of Code Section 21-2-4, providing for the descriptions of the congressional districts, Article 2 thereof, relating to supervisory boards and officers, Article 3 thereof, relating to registration of and committee organization of political parties and bodies, Article 4 thereof, relating to selection and qualification of candidates and presidential electors, Article 6 thereof, relating to registration of voters, Article 7 thereof, relating to precincts and polling places, Article 8 thereof, relating to voting by paper ballot, Article 9 thereof, relating to voting machines and vote recorders generally, Article 10 thereof, relating to absentee voting, Parts 1 through 4 of Article 11 thereof, relating to preparation for and conduct of primaries and elections, Article 12 thereof, relating to returns, Article 13 thereof, relating to contested elections and primaries, Article 14 thereof, relating to special elections and primaries generally, and Article 15 thereof, relating to miscellaneous offenses, and inserting in lieu thereof the following: ARTICLE 1 21-2-1. (a) This chapter shall be known and may be cited as the `Georgia Election Code.' (b) References in general and local law to the `Georgia Municipal Election Code,' the `Municipal Election Code,' or `Chapter 3 of Title 21' shall be deemed to refer to this chapter. 21-2-2. As used in this chapter, the term: (1) `Ballot card' means the tabulating or punch card upon which an elector records his or her vote by the use of a vote recorder. `Ballot card' also means a ballot upon which an elector records his or her vote for tabulation by an optical scan tabulating machine. (2) `Ballot labels' means the cards, paper, or other material placed on the front of a voting machine or vote recorder containing the names of offices and candidates and statements of questions to be voted on. (3) `Call' or `the call,' as used in relation to special elections or special primaries, means the affirmative action taken by the responsible public officer to cause a special election or special primary to be held. The date of the call shall be the date of the first publication in a newspaper of appropriate circulation of such affirmative action. (4) `Custodian' means the person charged with the duty of testing and preparing the voting machine or vote recorder for the primary or election and with instructing the poll officers in the use of same.

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(5) `Election' means any general or special election and shall not include a primary. (6) `Election district' is synonymous with the terms `precinct' and `voting precinct.' (7) `Elector' means any person who shall possess all of the qualifications for voting now or hereafter prescribed by the laws of this state, including applicable charter provisions, and shall have registered in accordance with this chapter. (8) `General election' means an election recurring at stated intervals fixed by law or by the respective municipal charters; and the words `general primary' mean a primary recurring at stated intervals fixed by law or by the respective municipal charters. (9) `Governing authority' means the governing authority of a municipality. (10) `Independent' means a person unaffiliated with any political party or body. (11) `Managers' means the chief manager and the assistant managers required to conduct primaries and elections in any precinct in accordance with this chapter. (12) `Municipal office' means every municipal office to which persons can be elected by a vote of the electors under the laws of this state and the respective municipal charters. (13) `Municipality' means an incorporated municipality. (14) `Nomination' means the selection, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (15) `November election' means the general election held on the Tuesday next following the first Monday in November in each even-numbered year. (16) `Numbered list of voters' means one or more sheets of uniform size containing consecutively numbered blank spaces for the insertion of voters' names at the time of and in the order of receiving their ballots or number slips governing admissions to the voting machines. (17) `Oath' shall include affirmation. (18) `Official ballot' means a paper ballot which is furnished by the superintendent or governing authority in accordance with Code Section 21-2-280. (19) `Official ballot label' means a ballot label prepared in accordance with Article 9 of this chapter and delivered by the superintendent

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to the poll officers in accordance with Code Sections 21-2-328 and 21-2-360. (20) `Paper ballot' or `ballot' means the forms described in Article 8 of this chapter. The term `paper ballot' shall not include a ballot card. (21) `Party nomination' means the selection by a political party, in accordance with this chapter, of a candidate for a public office authorized to be voted for at an election. (22) `Plurality' means the receiving by one candidate alone of the highest number of votes cast in an election among the candidates for the same office, provided that such number of votes exceeds 45 percent of the total number of votes cast in such election for such office. In the case where two or more persons tie in receiving the highest number of votes or no candidate receives more than 45 percent of the total votes cast in the election for the office sought there is no plurality. (23) `Political body' or `body' means any political organization other than a political party. (24) `Political organization' means an affiliation of electors organized for the purpose of influencing or controlling the policies and conduct of government through the nomination of candidates for public office and, if possible, the election of its candidates to public office, except that the term `political organization' shall not include a `subversive organization' as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the `Sedition and Subversive Activities Act of 1953.' (25) `Political party' or `party' means any political organization which at the preceding: (A) Gubernatorial election nominated a candidate for Governor and whose candidate for Governor at such election polled at least 20 percent of the total vote cast in the state for Governor; or (B) Presidential election nominated a candidate for President of the United States and whose candidates for presidential electors at such election polled at least 20 percent of the total vote cast in the nation for that office. (26) `Poll officers' means the chief manager, assistant managers, and clerks required to conduct primaries and elections in any precinct in accordance with this chapter. (27) `Polling place' means the room provided in each precinct for voting at a primary or election. (28) `Precinct' is synonymous with the term `voting precinct' and means a geographical area, established in accordance with this chapter, within which all electors vote at one polling place.

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(29) `Primary' means any election held for the purpose of electing party officers or nominating candidates for public offices to be voted for at an election. (30) `Public office' means every federal, state, county, and municipal office to which persons can be elected by a vote of the electors under the laws of this state or the respective municipal charters, except that the term shall not include the office of soil and water conservation district supervisor. (31) `Question' means a brief statement of such constitutional amendment, charter amendment, or other proposition as shall be submitted to a popular vote at any election. (32) `Residence' means domicile. (33) `Special election' means an election that arises from some exigency or special need outside the usual routine. (34) `Special primary' means a primary that arises from some exigency or special need outside the usual routine. (35) `Superintendent' means: (A) Either the judge of the probate court of a county or the county board of elections, the county board of elections and registration, the joint city-county board of elections, or the joint city-county board of elections and registration, if a county has such; (B) In the case of a municipal primary, the municipal executive committee of the political party holding the primary within a municipality or its agent or, if none, the county executive committee of the political party or its agent; (C) In the case of a nonpartisan municipal primary, the person appointed by the proper municipal executive committee; and (D) In the case of a municipal election, the person appointed by the governing authority pursuant to the authority granted in Code Section 21-2-70. (36) `Swear' shall include affirm. (37) `Tabulating machine' means any data processing machine used in counting ballot cards and tabulating votes thereon. (38) `Vote recorder' means a device into which a ballot card may be inserted so that an elector may record his or her vote for any candidate and for or against any question by punching or marking the ballot card. (39) `Voter' is synonymous with the term `elector.'

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(40) `Voting machine' shall not include a vote recorder or tabulating machine. (41) `Write-in ballot' means the paper or other material on which a vote is cast for persons whose names do not appear on the official ballot or ballot labels. 21-2-3. For purposes of this article: (1) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. (2) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place. (3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia. (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any congressional district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control. (5) Any part of the State of Georgia which is described in subsection (a) of Code Section 21-2-4 as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such noncontiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. 21-2-4.1. (a) Any member of any constitutional or statutory board or body who: (1) Is in office on January 1 of the year following the year in which members of Congress are first elected from Georgia under any congressional redistricting Act; and (2) Was appointed or otherwise selected (other than by election by the people) on the basis of residency within a congressional district

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shall have his or her eligibility or ineligibility to continue to serve determined as provided in this subsection. Such member shall serve out the term for which the member was appointed and shall represent the congressional district created by this chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office as of the date of such designation by the appointing authority. If a congressional district created by this chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, a vacancy shall exist. Such vacancy shall be filled by the appointing authority appointing to the board or body a member or members from the congressional district which does not have sufficient representation. In the case of an appointment to fill a vacancy created by the displacement of a member from a congressional district on the basis of residency, the initial appointment shall be for a term ending on the date on which the term of the member removed by the appointing authority in accordance with the foregoing requirement would have ended. The initial term of all other appointments to fill a vacancy as provided for in this Code section shall be set by the appointing authority in accordance with the schedule of expiration dates established by law for the terms of members of the board or body. (b) The same rules provided for in subsection (a) of this Code section shall be applied insofar as may be practicable in the event a court of competent jurisdiction enters an order changing the composition of Georgia's congressional districts. In such event, such rules shall be applied as of January 1 of the year following the year in which members of Congress are first elected from Georgia under such court order. If such a court order is stayed, the application of this subsection shall likewise be stayed. If such a court order is subject to appeal but is not stayed and congressional elections are held under such court order, the application of this subsection likewise shall not be stayed. 21-2-5. (a) Every candidate for federal and state office who is certified by the state executive committee of a political party or who files a notice of candidacy shall meet the constitutional and statutory qualifications for holding the office being sought. (b) The Secretary of State upon his or her own motion may challenge the qualifications of any candidate at any time prior to the election of

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such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for a candidate may challenge the qualifications of the candidate by filing a written complaint with the Secretary of State giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which he or she is offering. Upon his or her motion own or upon a challenge being filed, the Secretary of State shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is requesting a hearing on the matter before an administrative law judge of the Office of State Administrative Hearings pursuant to Article 2 of Chapter 13 of Title 50 and shall inform the candidate of the date, time, and place of the hearing when such information becomes available. The administrative law judge shall report his or her findings to the Secretary of State. (c) The Secretary of State shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the Secretary of State determines that the candidate is not qualified, the Secretary of State shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the Secretary of State by filing a petition in the Superior Court of Fulton County within ten days after the entry of the final decision by the Secretary of State. The filing of the petition shall not itself stay the decision of the Secretary of State; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after service of the petition, the Secretary of State shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the Secretary of State as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the Secretary of State are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the Secretary of State; (3) Made upon unlawful procedures; (4) Affected by other error of law;

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(5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. 21-2-6. (a) Every candidate for county office who is certified by the county executive committee of a political party or who files a notice of candidacy, and every candidate for municipal office who is certified by a municipal executive committee of a political party or who files a notice of candidacy, shall meet the constitutional and statutory qualifications for holding the office being sought. (b) The superintendent upon his or her own motion may challenge the qualifications of any candidate referred to in subsection (a) of this Code section at any time prior to the election of such candidate. Within two weeks after the deadline for qualifying, any elector who is eligible to vote for any such candidate may challenge the qualifications of the candidate by filing a written complaint with the superintendent giving the reasons why the elector believes the candidate is not qualified to seek and hold the public office for which the candidate is offering. Upon his or her own motion or upon a challenge being filed, the superintendent shall notify the candidate in writing that his or her qualifications are being challenged and the reasons therefor and shall advise the candidate that he or she is setting a hearing on the matter and shall inform the candidate of the date, time, and place of the hearing. (c) The superintendent shall determine if the candidate is qualified to seek and hold the public office for which such candidate is offering. If the superintendent determines that the candidate is not qualified, the superintendent shall withhold the name of the candidate from the ballot or strike such candidate's name from the ballot if the ballots have been printed. If there is insufficient time to strike the candidate's name or reprint the ballots, a prominent notice shall be placed at each affected polling place advising voters of the disqualification of the candidate and all votes cast for such candidate shall be void and shall not be counted. (d) The elector filing the challenge or the candidate challenged shall have the right to appeal the decision of the superintendent by filing a petition in the superior court of the county in which the candidate resides within ten days after the entry of the final decision by the superintendent. The filing of the petition shall not itself stay the decision of the superintendent; however, the reviewing court may order a stay upon appropriate terms for good cause shown. As soon as possible after

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service of the petition, the superintendent shall transmit the original or a certified copy of the entire record of the proceedings under review to the reviewing court. The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the superintendent as to the weight of the evidence on questions of fact. The court may affirm the decision or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the findings, inferences, conclusions, or decisions of the superintendent are: (1) In violation of the Constitution or laws of this state; (2) In excess of the statutory authority of the superintendent; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by an abuse of discretion or a clearly unwarranted exercise of discretion. An aggrieved party may obtain a review of any final judgment of the superior court by the Court of Appeals or the Supreme Court, as provided by law. 21-2-7. No person who has been adjudged a `subversive person,' as defined in Part 2 of Article 1 of Chapter 11 of Title 16, the `Sedition and Subversive Activities Act of 1953,' shall be nominated or elected in accordance with this chapter. 21-2-8. No person shall be eligible for party nomination for or election to public office, nor shall he or she perform any official acts or duties as a superintendent, registrar, deputy registrar, poll officer, or party officer, as set forth in this chapter, in connection with any election or primary held under this chapter, if under the laws of this state, any other state, or the United States he or she has been convicted and sentenced, in any court of competent jurisdiction, for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude, unless such person's civil rights have been restored. In the event of the disqualification of the superintendent as described in this Code section, the clerk of the superior court shall act in his or her stead. Notwith-standing the above, the governing authority shall appoint an individual to serve as superintendent for municipal elections or municipal primaries in the event of the disqualification of the municipal superintendent,

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unless the municipality has contracted with a county government for the provision of election services, in which event the clerk of the superior court shall act in place of a disqualified superintendent. 21-2-9. (a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and county officers shall be elected in the November election next preceding the expiration of the term of office. (b) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority in a newspaper of general circulation in the municipality at least 30 days prior to the elections. 21-2-10. At the November election to be held in the year 1964 and every fourth year thereafter, there shall be elected by the electors of this state persons to be known as electors of President and Vice President of the United States and referred to in this chapter as presidential electors, equal in number to the whole number of senators and representatives to which this state may be entitled in the Congress of the United States. 21-2-11. The presidential electors chosen pursuant to Code Section 21-2-10 shall assemble at the seat of government of this state at 12:00 Noon of the day which is, or may be, directed by the Congress of the United States and shall then and there perform the duties required of them by the Constitution and laws of the United States. 21-2-12. If any such presidential elector shall die, or for any cause fail to attend at the seat of government at the time appointed by law, the presidential electors present shall proceed to choose by voice vote a person of the same political party or body, if any, as such deceased or absent presidential elector, to fill the vacancy occasioned thereby; and immediately after such choice the name of the person so chosen shall be transmitted by the presiding officer of the college to the Governor, who shall immediately cause notice of his or her election in writing to be given to such person. The person so elected, and not the person in whose place he or she shall have been chosen, shall be a presidential elector and shall, with the other presidential electors, perform the duties required of them by the Constitution and laws of the United States.

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21-2-13. Each presidential elector shall receive from the state treasury the sum of $50.00 for every day spent in traveling to, remaining at, and returning from the place of meeting and shall be entitled to mileage at the rate of 10 per mile to and from his or her home. The reasonable expenses of the electoral college shall likewise be paid by the director of the Office of Treasury and Fiscal Services, in both cases upon warrants drawn by the presiding officer of the college. 21-2-14. Unless otherwise stated, time periods under this chapter include Saturdays, Sundays, and legal holidays. When the last day for the exercise of any privilege or the discharge of any duty prescribed or required by this chapter shall fall on a Saturday, Sunday, or legal holiday, the next succeeding business day shall be the last day for the exercise of such privilege or the discharge of such duty. 21-2-15. This chapter shall apply to any general or special election in this state to fill any federal, state, county, or municipal office, to any general or special primary to nominate candidates for any such office, and to any federal, state, county, or municipal election or primary for any other purpose whatsoever, unless otherwise provided. 21-2-16. The provisions of this chapter, so far as they are the same as those of existing laws, are intended as a continuation of such laws and not as new enactments. Unless otherwise provided in this chapter, this chapter shall repeal any conflicting provision or provisions of any municipal act in conflict with this chapter. The repeal by this chapter of any Act of the General Assembly or any municipal corporation, or part thereof, shall not revive any Act, or part thereof, heretofore repealed or superseded. This chapter shall not affect any act done, liability or penalty incurred, right accrued or vested, or nomination made prior to the taking effect of this chapter; nor shall they affect any action or prosecution then pending or to be instituted, to enforce any right or penalty then accrued or to punish any offense theretofore committed. 21-2-17. (a) This Code section shall apply only to counties with a population of 425,000 or more according to the United States decennial census of 1990 or any future such census. (b) When a candidate for election to clerk of the state court of a county is required by law at any time before election to name the person whom such candidate will appoint as chief deputy if elected to office, the ballot

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for office shall include, below the name of the candidate, the name of each candidate's designated chief deputy, labeled as such. (c) This Code section shall not be construed to require any action to fill a vacancy in the position of chief deputy of clerk of the state court of a county. ARTICLE 2 Part 1 Subpart 1 21-2-30. (a) There is created a state board to be known as the State Election Board, to be composed of the Secretary of State, an elector to be elected by a majority vote of the Senate of the General Assembly at its regular session held in each odd-numbered year, an elector to be elected by a majority vote of the House of Representatives of the General Assembly at its regular session held in each odd-numbered year, and a member of each political party to be nominated and appointed in the manner provided in this Code section. No person while a member of the General Assembly shall serve as a member of the board. (b) A member elected by a House of the General Assembly shall take office on the day following the adjournment of the regular session in which elected and shall serve for a term of two years and until his or her successor is elected and qualified, unless sooner removed. An elected member of the board may be removed at any time by a majority vote of the House which elected him or her. In the event a vacancy should occur in the office of such a member of the board at a time when the General Assembly is not in session, then the President of the Senate shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the Senate or appointed by the President of the Senate; and the Speaker of the House of Representatives shall thereupon appoint an elector to fill the vacancy if the prior incumbent of such office was elected by the House of Representatives or appointed by the Speaker of the House of Representatives. A member appointed to fill a vacancy may be removed at any time by a majority vote of the House whose presiding officer appointed him or her. (c) Within 30 days after April 3, 1968, the state executive committee of each political party shall nominate a member of its party to serve as a member of the State Election Board and, thereupon, the Governor shall appoint such nominee as a member of the board to serve for a term of two years from the date of the appointment and until his or her successor is elected and qualified, unless sooner removed. Thereafter, such state executive committee shall select a nominee for such office on the board within 30 days after a vacancy occurs in such office and shall also select a nominee at least 30 days prior to the expiration of the term

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of each incumbent nominated by it; and each such nominee shall be immediately appointed by the Governor as a member of the board to serve for the unexpired term in the case of a vacancy, and for a term of two years in the case of an expired term. Each successor, other than one appointed to serve an unexpired term, shall serve for a term of two years; and the terms shall run consecutively from the date of the initial gubernatorial appointment. No person shall be eligible for nomination by such state executive committee unless he or she is an elector and a member in good standing of the political party of the committee. Such a member shall cease to serve on the board and his or her office shall be abolished if and when his or her political organization shall cease to be a `political party' as defined in Code Section 21-2-2. (d) The Secretary of State shall be the chairperson of the board. Three members of the board shall constitute a quorum, and no vacancy on the board shall impair the right of the quorum to exercise all the powers and perform all the duties of the board. The board shall adopt a seal for its use and bylaws for its own government and procedure. (e) Meetings shall be held whenever necessary for the performance of the duties of the board on call of the chairperson or two of its members. Minutes shall be kept of all meetings of the board and a record kept of the vote of each member on all questions coming before the board. The chairperson shall give to each member of the board prior notice of the time and place of each meeting of the board. (f) If any member of the board, other than the Secretary of State, shall qualify as a candidate for any public office which is to be voted upon in any primary or election regulated by the board, that member's position on the board shall be immediately vacated and such vacancy shall be filled in the manner provided for filling other vacancies on the board. 21-2-31. It shall be the duty of the State Election Board: (1) To supervise and coordinate the work of the office of the Secretary of State, superintendents, registrars, deputy registrars, poll officers, and other officials so as to obtain uniformity in their practices and proceedings and legality and purity in all primaries and elections; (2) To formulate, adopt, and promulgate such rules and regulations, consistent with law, as will be conducive to the fair, legal, and orderly conduct of primaries and elections; and, upon the adoption of each rule and regulation, the board shall promptly file certified copies thereof with the Secretary of State and each superintendent; (3) To publish and furnish to primary and election officials, from time to time, a sufficient number of indexed copies of all primary and election laws and pertinent rules and regulations then in force;

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(4) To publish and distribute such explanatory pamphlets regarding the interpretation and application of primary and election laws as in the opinion of the board should be distributed to the electorate; (5) To investigate when necessary or advisable the administration of primary and election laws and frauds and irregularities in primaries and elections and to report violations of the primary and election laws either to the Attorney General or the appropriate district attorney who shall be responsible for further investigation and prosecution. Nothing in this paragraph shall be so construed as to require any complaining party to request an investigation by the board before such party might proceed to seek any other remedy available to that party under this chapter or any other provision of law; (6) To make such recommendations to the General Assembly as it may deem advisable relative to the conduct and administration of primaries and elections; (7) To employ such assistants as may be necessary; and (8) To take such other action, consistent with law, as the board may determine to be conducive to the fair, legal, and orderly conduct of primaries and elections. 21-2-32. (a) The State Election Board shall have the right to institute or to intervene as a party in any action in any court of this state or of the United States, seeking mandamus, injunction, or other relief, to compel compliance with any election or primary law of the state or with any valid rule or regulation of the board, or to restrain or otherwise prevent or prohibit any fraudulent or other illegal conduct in connection therewith, including the right to seek such relief for any anticipatory breach. (b) Any petition seeking any of the relief authorized in subsection (a) of this Code section shall be filed in the superior court of the county of residence of the superintendent charged with the conduct of the election or primary in which it is alleged that there was or will be fraud or other illegal conduct or, in the case of municipal primaries and elections, in the county in which the city hall is located. (c) Upon the filing of such petition, the clerk of superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which the county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge who is not a resident of the

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circuit in which the proceeding was instituted, to preside over the proceeding. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. In the event any temporary order is sought, the petition may be presented to the administrative judge prior to its filing for consideration of the application for such order. If the petition upon which temporary relief is sought prior to the filing will be filed in any county of the circuit of the administrative judge, then the petition may be presented to the administrative judge of an adjoining district prior to its filing for consideration of the application for such order. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his or her actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. (f) If, in the opinion of the judge presiding over such cause, adequate relief cannot otherwise be granted to assure compliance with said laws, rules, and regulations, the judge may enter such order concerning the conduct of such election or primary which he or she shall deem necessary to assure compliance, including the right to require such election or primary to be held under the supervision of the State Election Board. (g) Upon any action being filed in any court of this state seeking relief affecting the calling, holding, conduct, determination, result, tabulation, or certification of any election or primary, except those instituted by the State Election Board, a copy of the proceeding shall be served upon such board by mailing a copy of same to the chairperson by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or the plaintiff's attorney. (h) Any verdict, judgment, decree, order, ruling, or other judicial action in such cases shall be subject to review by the appellate court having

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jurisdiction thereof. It shall be the duty of the proper appellate court to consider application for stays or supersedeas in such cases without regard to whether any appeal has been filed or the record docketed in such cases. 21-2-33. The State Election Board may examine under oath any person concerning any matter connected with or bearing on the proper discharge of its duties; and any member of the board may administer such oath. The board shall have full power to subpoena persons and papers and to compel the witnesses to answer under oath touching any questions which may properly come before the board and to take, through its agent, the depositions of witnesses. The board, in investigating the administration of primary and election laws within a county or any frauds or irregularities in primaries and elections held therein, shall conduct each hearing concerning same at a place within such county. No witness shall be compelled to attend if he or she should reside more than 100 miles from the place of hearing by the nearest practical route; provided, however, that the board may compel the taking of his or her testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his or her deputy, or agent of the board shall serve all processes issued by the board; or the same may be served by registered or certified mail; and the production of an appropriate return receipt issued by the post office shall constitute prima-facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such facts shall be reported forthwith by the board to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify. On failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. 21-2-33.1. (a) The State Election Board is vested with the power to issue orders, after the completion of appropriate proceedings, directing compliance with this chapter or prohibiting the actual or threatened commission of any conduct constituting a violation, which order may include a provision requiring the violator: (1) To cease and desist from committing further violations; and (2) To pay a civil penlty not to exceed $1,000.00 for each violation of this chapter or for each failure to comply with any provision of this chapter or of any rule or regulation promulgated under this chapter. (b) A civil penalty shall not be assessed against any person except after notice and hearing as provided by Chapter 13 of Title 50, the `Georgia

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Administrative Procedure Act.' In addition to the State Election Board, any contested case may be held before any representative of such board who has been selected and appointed by such board for such purpose. The amount of any civil penalty finally assessed shall be recoverable by a civil action brought in the name of the State Election Board. All moneys recovered pursuant to this Code section shall be deposited in the state treasury. (c) The Attorney General of this state shall, upon complaint by the State Election Board, or may, upon the Attorney General's own initiative if after examination of the complaint and evidence the Attorney General believes a violation has occurred, bring an action in the superior court in the name of the State Election Board for a temporary restraining order or other injunctive relief or for civil penalties assessed against any person violating any provision of this chapter or any rule or regulation duly issued by the State Election Board. (d) Any action brought by the Attorney General to enforce civil penalties assessed against any person for violating the provisions of this chapter or any rule or regulation duly issued by the State Election Board or any order issued by the State Election Board ordering compliance or to cease and desist from further violations shall be brought in the superior court of the county of the residence of the party against whom relief is sought. Service of process shall lie in any jurisdiction within the state. In such actions, the superior court inquiry will be limited to whether notice was given by the State Election Board to the violator in compliance with the Constitution and the rules of procedure of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' Upon satisfaction that notice was given and a hearing was held pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the superior court shall enforce the orders of the State Election Board and the civil penalties assessed under this chapter and the superior court shall not make independent inquiry as to whether the violations have occurred. (e) In any action brought by the Attorney General to enforce any of the provisions of this chapter or of any rule or regulation issued by the State Election Board, the judgment, if in favor of the State Election Board, shall provide that the defendant pay to the State Election Board the costs, including reasonable attorneys' fees, incurred by the State Election Board in the prosecution of such action. 21-2-34. Each member of the State Election Board shall receive a per diem in an amount equal to the per diem received by members of the General Assembly for each day or portion thereof spent in serving as members of the State Election Board. Each member of the State Election Board shall be paid his or her necessary traveling expenses while engaged in the business of the State Election Board.

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Subpart 2 21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. Subpart 3 21-2-45. (a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. (c) The governing authority of any municipality may authorize any county within which that municipality wholly or partially lies to conduct any or all elections held pursuant to this chapter. In the event a municipality shall by ordinance authorize such county to conduct elections, such municipality may request such county to perform any or all of the functions: (1) That the county shall perform all duties as superintendent of elections as specified under this chapter; (2) That the county shall perform all duties as superintendent of elections as specified under this chapter, with the exception of the qualification of candidates; or

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(3) That the county shall lease or loan any or all of its election equipment to the municipality for the purpose of conducting municipal elections without any responsibility on the part of the county for the actual conduct of the municipal election. With reference to any election, such municipality shall pay such county all costs incurred in performing those functions which the municipality has requested the county to perform; and, unless otherwise authorized, such county shall only perform those functions specifically enumerated in the contract. Such county shall have authority to conduct elections in any and all counties in which any part of such municipality may lie. 21-2-45.1. (a) The governing authority of a county, municipality, or political division desiring to incur bonded debt in accordance with the provisions of the Constitution of Georgia shall call a special election to be held on a certain day for the purpose of submitting to the electorate the question of whether such bonded debt shall be incurred. The governing authority shall publish notice of such election once a week for a period of four weeks immediately preceding the day of the election in a newspaper which publishes the sheriff's advertisements for the county containing all or the largest part of the area of the county, municipality, or political division involved. Such notice shall specify (1) the date of the election and the question to be submitted to the electorate, and (2) the principal amount of bonds to be issued, the purpose for which such bonds are to be issued, the interest rate or rates such bonds are to bear, and the amount of principal to be paid in each year during the life of such bonds; provided, however, that the governing authority, in lieu of specifying the rate or rates of interest which such bonds are to bear, may specify in the notice that such bonds when issued will bear interest at a rate not exceeding a maximum per annum rate of interest as stated in the notice or that, in the event such bonds are to bear different rates of interest for different maturity dates, none of such rates will exceed the maximum rates stated in the notice. (b) The date of a municipal bond election shall be specified by the governing authority of the municipality. Such date shall not be less than 30 days after call of such bond election. (c) Nothing contained in this Code section shall prohibit the issuer from selling such bonds at a discount, even if in so doing the effective interest cost resulting therefrom would exceed the maximum per annum interest rate specified in the notice of the election. Part 2 21-2-50. The Secretary of State shall exercise all the powers granted to the Secretary of State by this chapter and shall perform all the duties imposed by this chapter, which shall include the following:

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(1) To determine the forms of nomination petitions, ballots, and other forms the Secretary of State is required to determine under this chapter; (2) To receive registration statements from political parties and bodies and to determine their sufficiency prior to filing, in accordance with this chapter, and to settle any disputes concerning such statements; (3) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with the Secretary of State in accordance with this chapter; (4) To certify to the proper superintendent official lists of all the political party candidates who have been certified to the Secretary of State as qualified candidates for the succeeding primary and to certify to the proper superintendent official lists of all the candidates who have filed their notices of candidacy with the Secretary of State, both such certifications to be in substantially the form of the ballots to be used in the primary or election. The Secretary of State shall add to such form the language to be used in submitting any proposed constitutional amendment or other question to be voted upon at such election; (5) To furnish to the proper superintendent all blank forms, including tally and return sheets, numbered lists of voters, cards of instructions, notices of penalties, instructions for marking ballots, tally sheets, precinct returns, recap sheets, consolidated returns, oaths of managers and clerks, oaths of assisted electors, voters certificates and binders, applications for absentee ballots, envelopes and instruction sheets for absentee ballots, and such other supplies as the Secretary of State shall deem necessary and advisable from time to time, for use in all elections and primaries. Such forms shall have printed thereon appropriate instructions for their use; (6) To receive from the superintendent the returns of primaries and elections and to canvass and compute the votes cast for candidates and upon questions, as required by this chapter; (7) To furnish upon request a certified copy of any document in the Secretary of State's custody by virtue of this chapter and to fix and charge a fee to cover the cost of furnishing same; (8) To perform such other duties as may be prescribed by law; (9) To determine and approve the form of ballots for use in special elections; (10) To prepare and provide a notice to all candidates for federal or state office advising such candidates of such information, to include requirements of this chapter, as may, in the discretion of the Secretary

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of State, be conducive to the fair, legal, and orderly conduct of primaries and elections. A copy of such notice shall be provided to each superintendent for further distribution to candidates for county and militia district offices; (11) To conduct training sessions at such places as the Secretary of State deems appropriate in each year, for the training of registrars and superintendents of elections; (12) To prepare and publish, in the manner provided in this chapter, all notices and advertisements in connection with the conduct of elections which may be required by law; (13) To prepare and furnish information for citizens on voter registration and voting; and (14) To maintain the official list of registered voters for this state and the list of inactive voters required by this chapter. 21-2-51. Except when otherwise provided by law, the primary and election records of the Secretary of State, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in his or her custody shall be open to public inspection and may be inspected and copied by any elector of the state during usual business hours at any time when they are not necessarily being used by the Secretary of State or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection thereof shall only be in the presence of the Secretary of State or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. 21-2-52. All primary and election documents in the office of the Secretary of State shall be preserved therein for a period of at least 24 months; and then the same may be destroyed unless otherwise provided by law. Part 3 21-2-70. Each superintendent within his or her county or municipality shall exercise all the powers granted to him or her by this chapter and shall perform all the duties imposed upon him or her by this chapter, which shall include the following: (1) To receive and act upon all petitions presented by electors, the board of registrars, or the county executive committee of a political

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party for the division, redivision, alteration, change, or consolidation of precincts; (2) To receive and determine the sufficiency of nomination petitions of candidates filing notice of their candidacy with him or her in accordance with this chapter; (3) To prepare and publish, in the manner provided by this chapter, all notices and advertisements, in connection with the conduct of elections, which may be required by law, and to transmit immediately to the Secretary of State a copy of any publication in which a call for a special primary, election, or runoff is issued; (4) To select and equip polling places for use in primaries and elections in accordance with this chapter; (5) To purchase, except voting machines and voting recorders, preserve, store, and maintain election equipment of all kinds, including voting booths and ballot boxes and to procure ballots and all other supplies for primaries and elections; (6) To appoint poll officers and other officers to serve in primaries and elections in accordance with this chapter; (7) To make and issue such rules, regulations, and instructions, consistent with law, including the rules and regulations promulgated by the State Election Board, as he or she may deem necessary for the guidance of poll officers, custodians, and electors in primaries and elections; (8) To instruct poll officers and others in their duties, calling them together in meetings whenever deemed advisable, and to inspect systematically and thoroughly the conduct of primaries and elections in the several precincts of his or her county to the end that primaries and elections may be honestly, efficiently, and uniformly conducted; (9) To receive from poll officers the returns of all primaries and elections, to canvass and compute the same, and to certify, as soon as practicable following the primary and election, the results thereof to such authorities as may be prescribed by law; (10) To announce publicly, by posting in his or her office, the results of all primaries and elections held in his or her county; (11) In any general election at which a proposal to amend the Constitution or to provide for a new Constitution is submitted to the electors for ratification, the election superintendent shall provide copies of the summary of such proposal prepared pursuant to Article X, Section I, Paragraph II of the Constitution as provided in this subsection. A reasonable number of copies of such summary shall be conspicuously available in each polling place;

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(12) To prepare annually a budget estimate of his or her expenses under this chapter, in which shall be set forth an itemized list of expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and to submit the same at the time and in the manner and form other budget estimates of his or her county are now or may hereafter be required to be filed; (13) To conduct all elections in such manner as to guarantee the secrecy of the ballot and to perform such other duties as may be prescribed by law; and (14) To take an oath in the following form: I,, do swear (or affirm) that I will as superintendent duly attend the ensuing election (or primary) during the continuance thereof, that I will to the best of my ability prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties in accordance with Georgia laws to the best of my judgment and ability. 21-2-70.1. (a) The municipal superintendent shall conduct, in accordance with this chapter, all municipal elections held within his or her municipality. (b) The municipal superintendent shall be a person or committee selected in the manner prescribed by the governing authority of the municipality with compensation fixed and paid by the governing authority of the municipality from municipal funds. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a municipal superintendent in any precinct in which such candidate's name appears on the ballot in any primary or election. 21-2-71. The governing authority of each county or municipality shall appropriate annually and from time to time, to the superintendent of such county or municipality, the funds that it shall deem necessary for the conduct of primaries and elections in such county or municipality and for the performance of his or her other duties under this chapter, including: (1) Compensation of the poll officers, custodians, and other assistants and employees provided for in this chapter; (2) Expenditures and contracts for expenditures by the superintendent for polling places; (3) Purchase or printing, under contracts made by the superintendent, of all ballots and other election supplies required by this chapter,

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or which the superintendent shall consider necessary to carry out the provisions of this chapter; (4) Maintenance of voting machines, vote recorders, and of all other primaries and election equipment required by this chapter, or which the superintendent shall consider necessary to carry out this chapter; and (5) All other expenses arising out of the performance of his or her duties under this chapter. 21-2-72. Except when otherwise provided by law or court order, the primary and election records of each governing authority, superintendent, registrar, and committee of a political party or body, including registration statements, nomination petitions, affidavits, certificates, tally papers, returns, accounts, contracts, reports, and other documents in official custody, except the contents of voting machines, shall be open to public inspection and may be inspected and copied by any elector of the county during usual business hours at any time when they are not necessarily being used by the custodian or his or her employees having duties to perform in reference thereto; provided, however, that such public inspection shall only be in the presence of the custodian or his or her employee and shall be subject to proper regulation for the safekeeping of such documents and subject to the further provisions of this chapter. The custodian shall also, upon request, if photocopying equipment is available in the building in which the records are housed, make and furnish to any member of the public copies of any of such records upon payment of the actual cost of copying the records requested. 21-2-73. All primary and election documents on file in the office of the election superintendent of each county, governing authority, superintendent, registrar, committee of a political party or body, or other officer shall be preserved therein for a period of at least 24 months and then the same may be destroyed unless otherwise provided by law. 21-2-74. (a) If a county does not have a board of elections and if the judge of the probate court of that county is a candidate, with opposition, for any public office in a primary or election, a board to be composed of the judge of the probate court who shall serve as chairperson, of an elector of the county named by the state Democratic executive committee, and of an elector of the county named by the state Republican executive committee shall assume the duties of the election superintendent for any such primary or election. (b) In selecting a person to serve, the state executive committee is authorized to seek the recommendation of the county executive committee,

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if any; persons from the county who are active in the party; persons who are present or former officials in the party; persons who hold political office or who have sought political office as candidates of the party; and such other persons as the committee shall desire to consult. (c) Within five days after the close of qualifying, the judge of the probate court shall notify the state Democratic and Republican party executive committees in writing of the need to appoint a member of the board. The state executive committees shall have 14 days from the close of qualifying to appoint their respective members of the board. If the state executive committee of a party has not notified the judge of the probate court of its appointment by the close of business on the fourteenth day after the close of qualifying, the judge of the probate court shall notify the chief judge of the superior court of the county. The chief judge shall appoint an elector of the county to serve on the board within seven days following the notice from the judge of the probate court. A board member may resign by giving written notice to the probate judge. In the event of the death, resignation, or other vacancy of the position of an appointed board member, the probate judge shall immediately notify the state executive committee of the appropriate party of such vacancy, and the state executive committee shall promptly fill such vacancy. If the state executive committee has not filled such vacancy within seven days after notification of such vacancy by the probate judge, the probate judge shall notify the chief judge of the superior court of the county of such vacancy and the chief judge shall appoint a person to serve within seven days after being so notified. (d) The judge of the probate court shall swear in the other board members and shall instruct the other board members concerning their duties on the board. The board members shall begin service on the board on the date on which they take their oath as members of the board and shall serve until the judge of the probate court no longer has opposition or is no longer a candidate for public office, whichever comes first. (e) Appointed board members shall receive a per diem of $55.00 per day for each day of service on the business of the board. Such fees shall be paid from county funds. 21-2-75. (a) No person who holds elective public office, as defined in this chapter and including every municipal office to which persons can be elected by a vote of the electors under the laws of this state, shall be eligible to serve as a member of a county board of elections during the term of such elective office; and the position of any county board of elections member shall be deemed vacant upon such member's qualifying as a candidate for elective public office, as defined in this chapter

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and including any municipal office to which persons can be elected by a vote of the electors under the laws of this state. (b) No person who holds office in a political party at any level of such political party shall be eligible to serve as chairperson of a county board of elections during the term of such political party office. On and after April 15, 1996, the position of any chairperson of a county board of elections shall be deemed vacant upon such chairperson's assuming a political party office. 21-2-76. No person who holds office in a political party at any level of such political party shall be eligible to serve as county election superintendent during the term of such political party office. On and after April 15, 1996, the position of any county election superintendent shall be deemed vacant upon such superintendent's assuming a political party office. Part 4 21-2-90. All elections and primaries shall be conducted in each precinct by a board consisting of a chief manager, who shall be chairperson of such board, and two assistant managers assisted by clerks. The managers of each precinct shall be appointed by the superintendent or, in the case of municipal elections, by the governing authority. If the political parties involved elect to do so, they may submit to the superintendent or governing authority, for consideration in making such appointment, a list of qualified persons. When such lists are submitted to the appropriate office, the superintendent or governing authority, insofar as practicable, shall make appointments so that there shall be equal representation on such boards for the political parties involved in such elections or primaries. The superintendent or governing authority shall make each appointment by entering an order which shall remain of record in the appropriate office and shall transmit a copy of such order to the appointee. The order shall include the name and address of the appointee, his or her title, and a designation of the precinct and primary or election in which he or she is to serve. 21-2-91. Prior to the opening of the polls in each precinct at each primary and election, the superintendent shall appoint a sufficient number of clerks to serve therein at such primary or election. If additional clerks are required during the day for the purpose of counting ballots, or for other purposes, the superintendent may appoint same. 21-2-92.

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(a) Poll officers appointed pursuant to Code Sections 21-2-90 and 21-2-91 shall be judicious, intelligent, and upright citizens of the United States, residents of the county in which they are appointed or, in the case of municipal elections, residents of the municipality in which the election is to be held or of the county in which that municipality is located, 16 years of age or over, and shall be able to read, write, and speak the English language. No poll officer shall be eligible for any nomination for public office or to be voted for at a primary or election at which the poll officer shall serve. No person who is otherwise holding public office, other than a political party office, shall be eligible to be appointed as or to serve as a poll officer. A parent, spouse, child, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, or sister-in-law of a candidate shall not be eligible to serve as a poll officer in any precinct in which such candidate's name appears on the ballot in any primary or election. (b) Notwithstanding the provisions of subsection (a) of this Code section, in the event that a municipal primary or election is held in conjunction with a regular county, state, or federal election, poll officers assigned by the county election superintendent to conduct such county, state, or federal election shall also be authorized to serve as poll officers to conduct such municipal election or primary and shall not be required to be residents of said municipality. 21-2-93. Before entering upon their duties at any primary or election, all managers and clerks shall be duly sworn in the presence of each other. The chief manager shall first be sworn by an assistant manager, and the assistant managers and clerks shall then be sworn by the chief manager. Each of them shall immediately sign in duplicate the oath taken by him or her upon forms to be furnished by the superintendent, and the same shall be attested by the officer who administered the oath. 21-2-94. The following shall be the form of the oath to be taken by each manager: `I,, do swear (or affirm) that I will as manager duly attend the ensuing election (or primary) during the continuance thereof, that I will not admit any person to vote, except such as I shall firmly believe to be registered and entitled to vote at such election (or primary), according to the laws of this state, that I will not vexatiously delay or refuse to permit any person to vote whom I shall believe to be entitled to vote as aforesaid, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, that I will make a true and perfect return of the said election (or primary), and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability.'

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21-2-95. The following shall be the form of the oath to be taken by each clerk: `I,, do swear (or affirm) that I will as a clerk attend the ensuing election (or primary) during the continuance thereof, that I will use my best endeavors to prevent any fraud, deceit, or abuse in carrying on the same, and that I will at all times truly, impartially, and faithfully perform my duties therein to the best of my judgment and ability.' 21-2-96. Each of the managers shall have the power to administer oaths to any person claiming the right to vote or in any matter or thing required to be done or inquired into by them under this chapter. 21-2-97. Each poll officer, while in the performance of his or her duty, shall display conspicuously upon his or her person a badge showing his or her name and office; and such badge shall be supplied by the superintendent. 21-2-98. (a) The compensation of managers and clerks serving in elections shall be fixed and paid by the superintendent or, in the case of municipal elections, by the governing authority. Compensation for such poll officers serving in a primary shall be fixed and paid by the superintendent. (b) Notwithstanding the provisions of subsection (a) of this Code section, in all counties of this state having a population of 200,000 or more according to the United States decennial census of 1990 or any future such census, the minimum compensation for the chief manager shall be $95.00 per diem; the minimum compensation for each assistant manager shall be $66.00 per diem; and the minimum compensation for each clerk shall be $60.00 per diem. 21-2-99. In precincts in which voting machines or vote recorders are to be used, the superintendent, the custodians appointed by him or her, or a qualified poll officer shall give instructions regarding the use of the voting machines or vote recorders, and regarding their duties in connection therewith, to all poll officers who are to serve at the primary or election and who have not been previously instructed and found qualified. Upon successful completion of such instruction, the superintendent shall give to each poll officer a certificate to the effect that such poll officer has been found qualified to conduct such primary or election with the voting machine or vote recorder. For the purpose of giving such instructions, the superintendent shall call such meeting or

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meetings of poll officers as shall be necessary. Each poll officer shall, upon notice, attend such meeting or meetings called for his or her instruction and receive such instructions as shall be necessary for the proper conduct of the primary or election with voting machines or vote recorders. No poll officer shall serve at any primary or election at which a voting machine or vote recorder is used unless he or she shall have received such instructions, shall have been found qualified to perform his or her duties in connection with the machine or recorder, and shall have received a certificate to that effect from the superintendent; provided, however, that this shall not prevent the appointment of a poll officer to fill a vacancy arising on the day of primary or election or on the preceding day. 21-2-100. (a) The election superintendent and at least one registrar of the county or municipality or, in counties with boards of election or combined boards of election and registration, at least one member of the board or a designee of the board shall attend a minimum of 12 hours' training biennially as may be selected by the Secretary of State. (b) The basis for the minimum requirement of training shall be two calendar years. (c) A waiver of the requirement of minimum training, either in whole or in part, may be granted by the Secretary of State, in the discretion of the Secretary of State, upon the presentation of evidence by the election superintendent, registrar, or board that the individual was unable to complete such training due to medical disability, providential cause, or other reason deemed sufficient by the Secretary of State. (d) The cost of the training shall be borne by the governing authority of each county from county funds and by the municipal governing authority from municipal funds. (e) The minimum training required under this Code section shall not apply to deputy registrars. ARTICLE 3 21-2-110. (a) The chief executive officer of each political party or body operating in this state shall, within 60 days after the date of its organization or after June 24, 1964, whichever is later, file with the Secretary of State a registration statement setting forth: (1) Its name and the date and place of its creation; (2) The general purposes for which it was created; (3) Certified copies of its charter, bylaws, rules, and regulations, and other documents of like dignity governing its organization and operation;

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(4) The address of its principal office; (5) The names, home addresses, and titles of the persons composing its governing committee and executive officers; and (6) Such other information as the Secretary of State may require as necessary or appropriate in the public interest. (b) The chief executive officer of each municipal executive committee, whose state executive committee has already filed with the Secretary of State as a political party or body, shall promptly file with the city clerk of the municipality and with its state political party or body executive committee a registration statement setting forth: (1) Its name and certified copies of its charter, bylaws, rules and regulations, and other documents of like dignity governing its organization and operation; (2) The address of its principal office; and (3) The names of its members, home addresses and titles of the persons composing its governing committee, and executive officers. (c) No registration statement of a party, body, or municipal executive committee shall be filed if the name of such party, body, or municipal executive committee is identical with, or deceptively similar to, the name of any other existing party, body, or municipal executive committee which was organized earlier and is eligible at the time to file its registration statement with the Secretary of State. (d) Within 30 days after the occurrence of a change in the information contained in any registration statement, or prior amendment thereto, the chief executive officer of the party, body, or municipal executive committee filing such statement shall file an amendment thereto setting forth the information necessary to maintain the currency of such statement. (e) The Secretary of State shall receive a fee of $10.00 for filing each registration statement required by subsection (a) of this Code section and a fee of $2.00 for filing each amendment thereto. (f) A political party, body, or municipal executive committee failing to file a registration statement as required by subsection (a) or (b) of this Code section at least 60 days before any primary or election at which it shall seek to have candidates on the ballot shall not have its name or the names of its candidates placed on any nomination petition, ballot, or ballot label. 21-2-111. (a) Each political party shall establish and maintain a state executive committee exercising state-wide jurisdiction and control over party

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affairs and a county executive committee in each county in which it holds a primary, exercising county-wide jurisdiction and control over party affairs. A party may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the state executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable. The state executive committee shall have the same power over municipal party executive committees as it has over county party executive committees. (b) The state executive committee of each political party shall formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the Secretary of State. (c) The respective county executive committees of each political party shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the state executive committee, governing the conduct of conventions and other party affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the superintendent of the county. (d) Any person seeking party office in a primary shall be governed by this chapter relating to a person seeking party nomination in a primary insofar as such application is practicable. 21-2-112. (a) When the state executive committee of a political party has reason to believe that the orders, rules, or regulations of the state executive committee, relating to all party matters except the conduct of primaries, are not being, or will not be, fairly, impartially, or properly enforced or applied in any county by the county executive committee of the party in such county, the state executive committee shall issue to such county committee a written notice of opportunity for hearing. (b) A notice of opportunity for hearing shall state the substance of the order which the state committee proposes to issue under subsection (e) of this Code section and advise such county committee of its right to a hearing upon request to the state committee if such request is received by it within the time specified in the notice. (c) Whenever such county committee requests a hearing in accordance with this Code section, the state committee shall immediately set a date, time, and place for such hearing and shall forthwith notify the county committee thereof. (d) A stenographic record of the testimony and other evidence submitted at the hearing shall be taken and filed with the state committee. Each witness appearing at the hearing shall be sworn prior to testifying.

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(e) If the state committee does not receive a timely request for hearing or if a hearing is requested and conducted as provided in this Code section and the state committee determines that all or any part of the proposed relief described in the notice of opportunity for hearing should be granted, the state committee may issue an order, effective for a certain period, suspending and superseding all or any part of the powers and duties of the county committee and directing that the powers and duties which would have been exercised and performed by such county executive committee in those matters in which they have been suspended and superseded shall be exercised and performed by the persons designated by the state executive committee, who may be residents of any county of this state, notwithstanding any other provision of this chapter. (f) The state executive committee may delegate its powers under this Code section to a subcommittee. 21-2-113. (a) Each political body shall establish and maintain a chief executive committee exercising jurisdiction and control over body affairs in the area of the state in which it operates and a county executive committee exercising county-wide jurisdiction and control over body affairs in each county in which the body operates if it operates in two or more counties. A body may establish and maintain such other committees as it may from time to time deem advisable. The membership of such committees shall be selected in the manner determined by the chief executive committee. Each committee shall be presided over by a chairperson and shall have a secretary and such other officers as deemed advisable. (b) The chief executive committee of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law, governing the conduct of conventions and other body affairs. No such rule and regulation shall be effective until copies thereof, certified by the chairperson, have been filed with the Secretary of State. (c) The respective county executive committees of each political body shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the chief executive committee, governing the conduct of conventions and other body affairs. No such rule or regulation shall be effective until a copy thereof, certified by the chairperson, has been filed with the superintendent of the county. (d) Whenever a municipal executive committee of a political party is established, such committee shall formulate, adopt, and promulgate rules and regulations, consistent with law and the rules and regulations of the State Election Board and the state executive committee, governing the conduct of primaries, conventions, and other party affairs within the municipality. No such rule and regulation shall be effective until copies

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thereof, certified by the chairperson, have been filed with the clerk of the municipality. ARTICLE 4 Part 1 21-2-130. Candidates may qualify for an election by virtue of: (1) Nomination in a primary conducted by a political party; (2) Filing a nomination petition either as an independent candidate or as a nominee of a political body, if duly certified by the chairperson and the secretary of the political body as having been nominated in a duly constituted political body convention as prescribed in Code Section 21-2-172; (3) Nomination for a state-wide office by a duly constituted political body convention as prescribed in Code Section 21-2-172 if the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180; (4) In the case of an election for presidential electors, nomination as prescribed by rules of a political party; (5) Substitute nomination by a political party or body or substitute nonpartisan nomination for judge as prescribed in Code Sections 21-2-134 and 21-2-155, respectively; (6) Candidacy in a special election as prescribed in subsection (d) of Code Section 21-2-132; (7) Being an incumbent qualifying as a candidate to succeed such incumbent as prescribed in subsection (d) of Code Section 21-2-132; or (8) Nomination in a nonpartisan primary. 21-2-131. (a) Qualification fees for party and public offices shall be fixed and published as follows: (1) The governing authority of any county or municipality, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the total gross salary of the office paid in the preceding calendar year including all supplements authorized by law if a salaried office. If not a salaried office, a reasonable fee shall be set by the

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governing authority of such county or municipality, such fee not to exceed 3 percent of the income derived from such county office by the person holding the office for the preceding year or more than $35.00 for a municipal office; (2) Within the same time limitation as provided in paragraph (1) of this subsection, the Secretary of State shall fix and publish a qualifying fee for any candidate qualifying by this method with a state political party and for any candidate qualifying with the Secretary of State for a nonpartisan primary and for any candidate filing with the Secretary of State his or her notice of candidacy for a general or special election. Such fee shall be 3 percent of the annual salary of the office if a salaried office, except that the fee for members of the General Assembly shall be $400.00. If not a salaried office, a reasonable fee shall be set by the Secretary of State, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year; (3) A reasonable qualifying fee may be set according to party rule for each political party office to be filled in a primary. Such fees shall be set and published by the county or state political party not later than February 1 of the year in which the primary is to be held for the filling of such party office. (b) Qualifying fees shall be paid as follows: (1) The qualifying fee for a candidate in a primary shall be paid to the county or state political party at the time the candidate qualifies; (2) The qualifying fee for all other candidates shall be paid to the superintendent or Secretary of State at the time the notice of candidacy is filed by the candidate. (c) Qualifying fees shall be prorated and distributed as follows: (1) Fees paid to the county political party: 50 percent to be retained by the county political party with which the candidate qualified; 50 percent to be transmitted to the superintendent of the county with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of the primary and election; (2) Fees paid to the state political party: 75 percent to be retained by the state political party; 25 percent to be transmitted to the Secretary of State with the party's certified list of candidates not later than 12:00 Noon of the third day after the deadline for qualifying in the case of

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a general primary and by 12:00 Noon of the day following the closing of qualifications in the case of a special primary. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in the candidate's district in proportion to the population of each such county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (3) Qualification fees paid to the superintendent of the county: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the county; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the county shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the county, to be applied toward the cost of holding the election; (4) Qualification fees paid to the Secretary of State shall be prorated and distributed as follows: (A) If the person qualifies as the candidate of a political body, 75 percent shall be transmitted to the appropriate political body and 25 percent shall be retained by the Secretary of State; and (B) If the person qualifies as an independent or nonpartisan candidate, the Secretary of State shall retain the entire amount of the fees. Such fees shall be transmitted as soon as practicable by the Secretary of State as follows: one-third to the state treasury and two-thirds divided among the governing authorities of the counties in proportion to the population of each county according to the last United States decennial census, such fees to be applied to the cost of holding the election; (5) Qualification fees paid to the superintendent of a municipality: (A) If the person qualifies as a candidate of a political body, 50 percent shall be transmitted to the state executive committee of the appropriate political body and 50 percent shall be retained by the superintendent of the municipality; and (B) If the person qualifies as an independent or nonpartisan candidate, the superintendent of the municipality shall retain the entire amount of the fees.

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Such fees shall be transmitted as soon as practicable by the superintendent to the governing authority of the municipality, to be applied toward the cost of holding the election. 21-2-132. (a) The names of nominees of political parties nominated in a primary, the names of nominees of political parties for the office of presidential elector, and the names of candidates nominated in a nonpartisan primary shall be placed on the election ballot without their filing the notice of candidacy otherwise required by this Code section. (b) Candidates seeking nomination in a nonpartisan primary shall comply with the requirements of subsections (b.1) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. Candidates seeking election in a nonpartisan election for an office that the General Assembly has provided by local Act shall be filled without a prior nonpartisan primary shall comply with the requirements of subsections (c) and (e) of this Code section, as modified by subsection (f) of this Code section, by the date prescribed and shall by the same date pay to the proper authority the qualifying fee prescribed by Code Section 21-2-131 in order to be eligible to have their names placed on the nonpartisan primary ballots. (b.1) All candidates seeking nomination in a nonpartisan primary shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan primary ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan primary ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon

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on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. (c) All other candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office 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: (A) In the case of a general election held in an odd-numbered year, the municipal qualifying period shall commence no earlier than 8:30 A.M. on the second Monday in September immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; (B) 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

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(C) 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. 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. (d) Each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter; (4) A candidate seeking nomination or election in a nonpartisan primary or election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2-180. (e) Each candidate required by this Code section to file a notice of candidacy shall accompany his or her notice of candidacy with an affidavit stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct;

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(4) That he or she is an elector of the county or municipality of his or her residence eligible to vote in the election in which he or she is a candidate; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude or conviction of domestic violence under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8) That he or she will not knowingly violate this chapter or rules and regulations adopted under this chapter. The affidavit shall contain such other information as may be prescribed by the officer with whom the candidate files his or her notice of candidacy. (f) A pauper's affidavit may be filed in lieu of paying the qualifying fee otherwise required by this Code section and Code Sections 21-2-131 and 21-2-138 of any candidate who has filed a qualifying petition as provided for in subsection (g) of this Code section. A candidate filing a pauper's affidavit instead of paying a qualifying fee shall under oath affirm his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (g) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements:

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(1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth:

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(A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. 21-2-133. (a) No person elected on a write-in vote shall be eligible to hold office unless notice of his or her intention of candidacy was given no earlier than January 1 and no later than the Tuesday after the first Monday in September prior to the election in the case of a general election or at least 20 or more days prior to a special election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the subject election, as follows: (1) In a state general or special election, to the Secretary of State and by publication in a paper of general circulation in the state; (2) In a general or special election of county officers, to the superintendent of elections in the county in which he or she is to be a candidate and by publication in the official organ of the same county; or (3) In a municipal general or special election, to the superintendent and by publication in the official gazette of the municipality holding the election. (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the appropriate official specified in paragraph (1), (2), or (3) of subsection (a) of this Code section, a copy of the notice as published with an affidavit stating that the notice has been published and including the name of the newspaper and the date of publication, not later than the fifth day after

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the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher. (c) No person shall be eligible as a write-in candidate in a special or general primary, a special or general primary runoff, or in a special or general election runoff. (d) No person shall be eligible as a write-in candidate in a general or special election if such person was a candidate for nomination or election to the same office in the immediately preceding primary. (e) The Secretary of State or appropriate municipal official shall certify to the election superintendent of each county affected at least ten days prior to the general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State. 21-2-134. (a) (1) A candidate nominated at any primary election or nonpartisan primary or nominated by means other than a primary may withdraw as a candidate at the ensuing general election by filing a notarized affidavit of withdrawal with the Secretary of State, if nominated for a state office; the county superintendent, if nominated for a county office; or the municipal superintendent, if nominated for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State or the county or municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. No vacancy on the ballot for a general election or for a nonpartisan election shall be filled except by reason of the withdrawal, death, or disqualification of a candidate. (2) A candidate in a general, special, or nonpartisan primary may withdraw as a candidate after qualifying but prior to the date of the general, special, or nonpartisan primary by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a county office; or the municipal superintendent, if qualifying for a municipal office. A candidate of a political body or an independent candidate in a general or special election may withdraw as a candidate after qualifying but prior to the date of the general or special election by filing a notarized affidavit of withdrawal with the Secretary of State, if qualifying for a state office; the county election superintendent, if qualifying for a

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county office; or the municipal superintendent, if qualifying for a municipal office. The qualifying fee shall not be returned to the candidate. If the ballots have been printed, the Secretary of State, the county election superintendent, or the municipal superintendent may reprint the ballots to omit the name of the withdrawn candidate. All votes cast for the withdrawn candidate shall be void and shall not be counted. Prominent notices shall be posted in all polling places in which the name of the withdrawn candidate appears on the ballot stating that the candidate has withdrawn and that all votes cast for such withdrawn candidate shall be void and shall not be counted. (b) (1) Any vacancy in any party nomination filled by a primary created by reason of the death or disqualification of a candidate occurring after nomination may be filled in the following manner: (A) In the case of a public office to be filled by the vote of the electors of the entire state in which the vacancy occurs after nomination but at least ten days prior to the election to fill the public office sought by such candidate, the vacancy may be filled by a substitute nomination made by a convention composed of the delegates of the county executive committee of such party in each county of the state. Immediately upon such vacancy occurring, the state executive committee or a subcommittee thereof appointed for the purpose shall fix a time within six days of the occurrence of such vacancy; shall select and provide a convenient place for the holding of such a convention, which shall be open to the public; and shall give notice thereof to the chairperson and secretary of each county executive committee. Each county executive committee shall be entitled to select the number of delegates apportioned to it by the state executive committee; provided, however, that each county executive committee shall be entitled to select at least one delegate. Such apportionment of delegates among the counties shall be based substantially upon the population of the state according to the last United States decennial census or upon the number of votes cast within the state for the party's candidates for presidential electors in the last presidential election. A two-thirds' majority of the delegates of such county executive committees shall constitute a quorum for the transaction of business, and a majority of the delegates present while a quorum exists shall be sufficient to fill such nomination by a substitute nomination. Each delegate shall have one vote and all votes taken shall be by a roll-call vote. The records of the convention shall be filed with the state executive committee. In the event such a vacancy in party nomination shall occur during the ten days preceding the day of such an election, such vacancy may be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (B) In the case of a public office for which a candidate must qualify with the state executive committee, except a public office to be filled

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by the vote of the electors of the entire state, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the Secretary of State. If the Secretary of State has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose; (C) In the case of a public office for which a candidate must qualify with the county executive committee, the nomination may remain vacant or may be filled at the decision of the state executive committee of the party. The state executive committee or a subcommittee thereof may determine on its own whether to fill the vacancy but is authorized, though not required, to seek the recommendation of any of the following persons for the purpose of determining whether to fill the vacancy: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult. The decision whether to fill such vacancy shall be made by the state executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the state executive committee shall be immediately transmitted to the county superintendent. If the county superintendent has not been notified of the decision of the state executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the state executive committee has decided not to fill the vacancy. If the state executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the state executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the state executive committee or a subcommittee thereof appointed for that purpose. The state executive committee or a subcommittee thereof may determine on its own who shall fill the vacancy as a substitute nominee but is authorized, though not required, to seek the

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recommendation of any of the following persons for the purpose of determining the most suitable substitute nomination: the county executive committee, if any; persons from the area who are active in the party; persons who are present or former officials of the party; persons who presently hold political office or have sought political office as candidates of the party; or such other persons as the committee or subcommittee may desire to consult; and (D) In the case of a public office for which a candidate must qualify with the municipal executive committee, the nomination may remain vacant or may be filled at the decision of the municipal executive committee of the party. The decision whether to fill such vacancy shall be made by the municipal executive committee by 4:00 P.M. on the next business day following the actual knowledge of the death or disqualification of the candidate. The decision of the municipal executive committee shall be immediately transmitted to the municipal superintendent. If the municipal superintendent has not been notified of the decision of the municipal executive committee by 4:30 P.M. on the next business day following the actual knowledge of the vacancy, it shall be conclusively presumed that the municipal executive committee has decided not to fill the vacancy. If the municipal executive committee decides not to fill the vacancy, the nomination shall remain vacant. If the municipal executive committee decides to fill the vacancy, the vacancy shall be filled by a substitute nomination made by the municipal executive committee or a subcommittee thereof appointed for that purpose. (2) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate 60 or more days prior to the date of the election shall be filled as follows: (A) By the person seeking nomination in such primary who received the second highest total of votes cast in such primary for that office, provided that such person received not less than 40 percent of the votes cast for that office; or (B) In the event no person received the vote total required under subparagraph (A) of this paragraph, such vacancy shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. (3) Any vacancy which occurs in any party nomination filled by a primary and which is created by reason of the withdrawal of a candidate less than 60 days prior to the date of the election shall be filled in the same manner as provided in subparagraph (A), (B), or (C) of paragraph (1) of this subsection, as appropriate. (c) Any vacancy occurring in any body nomination or party nomination filled by means other than by primary, by reason of the withdrawal,

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death, or disqualification of any candidate after nomination, may be filled by a substitute nomination made by such committee as is authorized by the rules and regulations of the party or body to make nominations in the event of vacancies on the party or body ticket. (d) If the withdrawal, death, or disqualification of a candidate after nomination for any public office, except an office filled by a nonpartisan primary, would at the time of such event result in there being no candidate for that office on the ballot in the general election, then the vacancy shall be filled by a special primary which shall be open only to the party of such deceased, withdrawn, or disqualified candidate and the office shall be filled by a special election as provided in Code Section 21-2-540. (e) In the event a candidate withdraws, dies, or is disqualified after the nonpartisan primary but before the nonpartisan election, no special nonpartisan primary shall be held and the nonpartisan election shall be conducted in the following manner: (1) If the vacancy occurs prior to 60 days before the general election, the nonpartisan election shall be held on the date of the November election. If no candidate receives a majority of the votes cast, a runoff shall be held on the date of the general election runoff. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days after notice has been published in a newspaper of appropriate circulation. The names of candidates who qualify shall be placed on the nonpartisan election ballot in the arrangement and form prescribed by the Secretary of State or the election superintendent but shall conform insofar as practicable with Code Section 21-2-285.1. The list of electors qualified to vote in the nonpartisan election shall be the same list as is used in the general election; and (2) If the vacancy occurs within 60 days of the general election, the nonpartisan election shall be held on the date of the general election runoff. If no candidate receives a majority of the votes cast, a runoff shall be held on the fourteenth day after the election. Upon actual knowledge of the withdrawal, death, or disqualification of a candidate, the Secretary of State shall reopen qualifications for any state office and the election superintendent shall reopen qualifications for any county office for a period of not less than one nor more than three days. All candidates who qualify shall be placed on the nonpartisan ballot. The form of the ballot shall be as prescribed by the Secretary of State or the election superintendent. The list of electors qualified to vote in the nonpartisan election shall be the same list as used in the general election.

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(f) Upon the making of any such substitute nomination, in the manner prescribed in subsection (b) or (c) of this Code section, it shall be the duty of the chairperson and secretary of the convention or committee making the nomination to file with the Secretary of State or with the superintendent, as the case may be, a nomination certificate which shall be signed by such chairperson and secretary. Every such certificate of nomination shall be sworn to by the chairperson and secretary before an officer qualified to administer oaths. 21-2-135. (a) In the case of a public office having multiple officeholders with the same title, each candidate, including write-in candidates, shall, when: (1) Qualifying with his or her party in the case of a primary; (2) Filing his or her notice of candidacy in the case of an election; (3) Filing his or her notice of candidacy in the case of a nonpartisan primary; and (4) Filing his or her notice of candidacy as a write-in candidate, designate the specific office he or she is seeking and name the person such candidate is seeking to succeed and give such other appropriate designation as may be required by the Secretary of State or election superintendent. The designation of the specific office and the name of the person whom a candidate is seeking to succeed in the case of a public office having multiple officeholders shall be entered on the ballot and ballot labels in such manner that in the ensuing primary or election such candidate shall only oppose the other candidate or candidates, if any, who designated the same specific office and the same name. (b) In the case of the office of judge of a state court, judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, the name of the person such candidate is seeking to succeed and such other designation as may be required by the Secretary of State or election superintendent shall be included in the title of the office on the ballot in all nonpartisan primaries and elections. 21-2-136. No person shall be nominated, nor shall any person be a candidate in a primary or election, for more than one of the following public offices to be filled at any one election: Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, United States senator or representative in Congress, Public Service Commissioner, Justice of the Supreme Court, Judge of the Court of Appeals, judge of the probate court, clerk of the superior court, tax commissioner, tax collector, sheriff, judge of the superior court, county

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treasurer, county school superintendent, tax receiver, and members of the Senate and House of Representatives of the General Assembly. 21-2-137. No person shall qualify with any political party as a candidate for nomination to any public office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any public office; nor shall a state, county, or municipal executive committee of any political party certify any person as the candidate of that party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party. No person shall file a notice of candidacy as an independent or political body candidate for any public office when such person has qualified for the same office to be filled at the same election with any political party; nor shall any person qualify with any political party when such person has filed a notice of candidacy as an independent or political body candidate for the same office to be filled at the same election. 21-2-138. The names of all candidates who have qualified with the Secretary of State for the office of judge of a superior court, Judge of the Court of Appeals, or Justice of the Supreme Court of this state and the names of all candidates who have qualified with the election superintendent for the office of judge of a state court shall be placed on the ballot in a nonpartisan primary to be held and conducted jointly with the general primary in each even-numbered year. The names of candidates nominated in such nonpartisan primary shall be placed on the official ballot in the nonpartisan election which shall be held and conducted jointly with the regular general election in each even-numbered year. No candidates for any such office shall be nominated by a political party or by a petition as a candidate of a political body or as an independent candidate. In a nonpartisan primary, candidates for any such office shall have their names placed on the nonpartisan portion of each political party ballot by complying with the requirements prescribed in Code Section 21-2-132 specifically related to such nonpartisan candidates and by paying the requisite qualifying fees as prescribed in Code Section 21-2-131. The Secretary of State may provide for the printing of independent ballots containing the names of the nonpartisan judicial candidates for those voters not affiliated with a political party. Candidates shall be listed on the official ballot in a nonpartisan primary and in a nonpartisan election as provided in Code Sections 21-2-284.1 and 21-2-285.1, respectively. Except as otherwise specified in this chapter, the procedures to be employed in conducting the nonpartisan primary and nonpartisan election of judges of state courts, judges of superior courts, Judges of the Court of Appeals, and Justices of the Supreme Court shall conform as nearly as practicable to the procedures governing general

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primaries and general elections; and such general primary and general election procedures as are necessary to complete this nonpartisan election process shall be adopted in a manner consistent with such nonpartisan primaries and nonpartisan elections. 21-2-139. (a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the nomination and election in nonpartisan primaries and elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. The General Assembly may provide by local Act for the election of such officers at nonpartisan elections without a prior nonpartisan primary. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan primaries, if applicable, and elections shall conform as nearly as practicable to the procedures governing nonpartisan primaries and nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan nomination, if applicable, and election of candidates to fill county offices shall conform to the general procedures governing nonpartisan primaries, if applicable, and nonpartisan elections as provided in this chapter, and such nonpartisan primaries, if applicable, and nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. (b) Either a political party, as defined in this chapter, or a nonpartisan municipal executive committee duly registered with the city clerk may conduct a municipal primary for the purpose of electing its own officials or nominating candidates for municipal elections. Every primary held for such purpose shall be presided over and conducted in the manner prescribed by the rules and regulations of such party or nonpartisan municipal executive committee, not inconsistent with the law and the rules and regulations of the State Election Board; provided, however, that all such primaries must be conducted in such manner as to guarantee the secrecy of the ballot. (c) Municipalities may provide by their charter or by ordinance that no political party shall conduct primaries for the purpose of nominating candidates for municipal elections; provided, however, that the existing provisions of any charter or ordinance prohibiting primaries by political parties shall not be repealed by this subsection. Part 2 21-2-150. (a) Whenever any political party holds a primary to nominate candidates for public offices to be filled in the ensuing November election,

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such primary shall be held on the third Tuesday in July in each even-numbered year or, in the case of municipalities, on the third Tuesday in July in each odd-numbered year, except as provided in subsection (c) of this Code section. (b) Whenever any nonpartisan primary is held to nominate candidates for the office of judge of the state court, judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court to be filled in the ensuing November election, such primary shall be held jointly with the political primaries on the third Tuesday in July in each even-numbered year, except as provided in subsection (c) of this Code section. (c) Whenever the primary occurs during the same week of the national convention of either the political party whose candidates received the highest number of votes or the political party whose candidates received the next highest number of votes in the last presidential election, the general primary shall be conducted on the second Tuesday in July of such year. This subsection shall not apply unless the date of the convention of the political party is announced by the political party prior to April 1 of the year in which the general primary is conducted. 21-2-151. (a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 21-2-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot. (b) Candidates for the office of judge of the state courts, judge of the superior courts, Judge of the Court of Appeals, or Justice of the Supreme Court shall be nominated in a nonpartisan primary. Candidates seeking nomination to such judicial offices shall be nominated in the nonpartisan primary preceding the nonpartisan election in which the candidates' names will be listed on the ballot. (c) The primary held for such purposes shall be conducted by the superintendent in the same manner as prescribed by law and by rules and regulations of the State Election Board and the superintendent for general elections. Primaries of all political parties and all nonpartisan primaries shall be conducted jointly. 21-2-152. (a) Primaries shall be held and conducted in all respects in accordance with this chapter relating to general elections and the provisions of this chapter relating to general elections shall apply thereto, insofar as practicable and not inconsistent with any other provisions of this

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chapter. All such primaries shall be conducted in each precinct by the poll officers, by the use of the same equipment and facilities, so far as practicable, as are used for such general elections. (b) A political party, in nominating a candidate for public office in a municipal primary, may also nominate persons to serve as poll officers for such primaries, and the superintendent shall consider such nominations but shall have discretion to appoint poll officers for each polling place in each precinct. 21-2-153. (a) A candidate for any party nomination in a state or county primary may qualify by either of the two following methods: (1) Payment of a qualifying fee pursuant to Code Section 21-2-131; or (2) (A) The submission of a pauper's affidavit by any candidate who has filed a qualifying petition as provided for in subsection (a.1) of this Code section, by which the candidate under oath affirms his or her poverty and his or her resulting inability to pay the qualifying fee otherwise required. The form of the affidavit shall be prescribed by the Secretary of State and shall include a financial statement which lists the total income, assets, liabilities, and other relevant financial information of the candidate and shall indicate on its face that the candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The affidavit shall contain an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required. The following warning shall be printed on the affidavit form prepared by the Secretary of State, to wit: `WARNING: Any person knowingly making any false statement on this affidavit commits the offense of false swearing and shall be guilty of a felony.' The name of any candidate who subscribes and swears to an oath that such candidate has neither the assets nor the income to pay the qualifying fee otherwise required shall be placed on the ballot by the Secretary of State or election superintendent, as the case may be. (B) If a candidate seeks to qualify for a county or militia district office, the pauper's affidavit and financial statement shall be presented to the county political party; otherwise, the candidate shall file his or her pauper's affidavit and financial statement with the state political party. (a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to

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one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation; (3) A qualifying petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any;

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(B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. (b) Unless otherwise provided by law, all candidates for party nomination in a state or county primary shall qualify as such candidates in accordance with the procedural rules of their party; provided, however, that no person shall be prohibited from qualifying for such office if he or she: (1) Meets the requirements of such procedural rules; (2) Is eligible to hold the office which he or she seeks; (3) Is not prohibited from being nominated or elected by provisions of Code Section 21-2-7 or 21-2-8; and (4) If party rules so require, affirms his or her allegiance to his or her party by signing the following oath: `I do hereby swear or affirm my allegiance to the (name of party) Party.' (c) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days prior to the date of such primary. (d) (1) Within two hours after the qualifications have ceased, the county executive committee of each political party shall post at the county courthouse a list of all candidates who have qualified with such executive committee, and the state executive committee of each

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political party shall post a list of all candidates who have qualified with such committee at the courthouse of the county in which such executive committee's office is located. (2) Except as otherwise provided in Code Section 21-2-154, it shall be unlawful for any person to add or remove any candidates from either of the lists provided for in paragraph (1) of this subsection following the posting of such lists unless such candidates have died, withdrawn, or been disqualified. Any person who violates this paragraph shall be guilty of a misdemeanor. (e) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the county of his or her residence eligible to vote in the primary election in which he or she is a candidate for nomination; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office; (7) That the candidate has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that the candidate's civil rights have been restored and that at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude; and (8) That he or she will not knowingly violate this chapter or rules or regulations adopted under this chapter. (f) Candidates for the office of presidential elector who have been nominated in accordance with the rules of a political party shall qualify beginning at 9:00 A.M. on the fourth Monday in April in the year in which a presidential election shall be held and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays. 21-2-153.1. (a) Unless otherwise provided by law, all candidates for party nomination in a municipal primary shall qualify as such candidates in accordance

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with the rules of their party. In the case of a general municipal primary, the candidates, or their agents, shall qualify at least 15 but not more than 45 days prior to the date of such primary. In the case of a special municipal primary, the candidates, or their agents, shall qualify at least ten but not more than 30 days prior to the date of such primary. The executive committee or other rule-making body of the party shall fix the qualifying date within the limitations provided in this Code section. (b) After the expiration of the applicable qualification deadline prescribed in subsection (a) of this Code section, each candidate for nomination to a municipal office, having no opposing candidates within his or her own political party, shall automatically become the nominee of his or her party for such office if the applicable city charter or ordinance does not provide to the contrary. The name of such an unopposed candidate and the title of the nomination he or she is seeking shall not be placed upon the primary ballots or ballot labels. The proper officials of his or her political party shall certify the candidate as the party nominee for the office involved for the purpose of having his or her name placed upon the election ballots or ballot labels. In applying Code Sections 21-2-131 through 21-2-134, such an unopposed municipal candidate shall be deemed to have been nominated in a primary held by his or her political party. (c) No person shall qualify with any political party as a candidate for nomination to any municipal office when such person has qualified for the same primary with another political party as a candidate for nomination by that party for any municipal office; nor shall a municipal or other appropriate executive committee of a political party certify any person as the candidate of said party when such person has previously qualified as a candidate for nomination for any public office for the same primary with another political party. (d) Each candidate for party nomination described in subsection (a) of this Code section shall file an affidavit with the political party at the time of his or her qualifying stating: (1) His or her residence, with street and number, if any, and his or her post office address; (2) His or her profession, business, or occupation, if any; (3) The name of his or her precinct; (4) That he or she is an elector of the municipality of his or her residence and is eligible to vote in the primary election in which he or she is a candidate for nomination; (5) The name of the office he or she is seeking; (6) That he or she is eligible to hold such office;

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(7) That he or she has never been convicted and sentenced in any court of competent jurisdiction for fraudulent violation of primary or election laws, malfeasance in office, or felony involving moral turpitude under the laws of this state or any other state or of the United States, or that his or her civil rights have been restored; and (8) That he or she will not knowingly violate this chapter or any rules and regulations adopted under this chapter. (e) Within two hours after the qualifications have ceased, the municipal executive committee of each political party shall post a list of all candidates who have qualified with such committee at city hall. 21-2-154. (a) At or before 12:00 Noon on the third day after the deadline for qualifying, the county executive committee of each political party shall certify to the superintendent and the state executive committee of each political party shall certify to the Secretary of State, on forms prescribed by the Secretary of State, all those candidates who have qualified with such committee for the succeeding primary election. Such certification shall be accompanied by the appropriate amount of the qualifying fees paid by such candidates as prescribed in paragraph (1) or (2) of subsection (c) of Code Section 21-2-131. Such certification shall not be accepted if the political party has not registered with the Secretary of State as required in Article 3 of this chapter. (b) Any candidate whose name does not appear on the list of candidates posted by a county executive committee or the state executive committee pursuant to subsection (d) of Code Section 21-2-153 shall not be certified under this Code section; provided, however, that the name of a candidate who has properly qualified whose name has been left off of the list of candidates through inadvertence or clerical error may be placed upon such list upon the filing of an affidavit by the county executive committee or the state executive committee, as appropriate, attesting to such inadvertence or error. The county executive committee of each political party shall attach to its certification a copy of the affidavits required by paragraph (2) of subsection (b) of Code Section 15-6-50, paragraph (2) of subsection (a) of Code Section 15-9-2, subparagraph (c)(2)(A) of Code Section 15-16-1, paragraph (2) of subsection (b) of Code Section 45-16-1, and paragraph (2) of subsection (b) of Code Section 48-5-210. 21-2-155. (a) In the event of the death of a candidate prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification

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for the office sought by the deceased candidate for a period of not less than one nor more than three days. (b) In the event of the death of a candidate prior to the date of a nonpartisan primary, the Secretary of State shall reopen qualifications for the state office, the county superintendent shall reopen qualifications for the county office sought by the deceased candidate, and the municipal superintendent or governing authority shall reopen qualifications for the municipal office sought by the deceased candidate for a period of not less than one nor more than three days. 21-2-156. (a) The expenses of a primary shall be paid by the respective county, except that the expenses of municipal primaries shall be governed by subsections (b) and (c) of this Code section, and forms listed under paragraph (5) of Code Section 21-2-50 shall be furnished upon request by the Secretary of State. (b) The expenses of a municipal primary shall be borne by the political party holding such primary except as provided in this subsection and subsection (c) of this Code section, and except that the expenses of providing polling places on public premises and electors lists shall be paid by the respective municipalities. (c) The governing authority of each municipality may in its discretion authorize the payment by the municipality of any or all primary expenses other than those required by subsection (b) of this Code section to be paid by the municipality. This authorization of payment by the municipality of other primary expenses shall extend only to the expenses of primaries conducted by political parties which meet the definition of a `political party' contained in paragraph (25) of Code Section 21-2-2. Such additional expenditures as a municipal governing authority elects to make under this subsection are declared to be for a public purpose. 21-2-157. (a) The governing authority of any municipality may call and hold a nonpartisan primary for the purpose of nominating candidates to seek municipal office in a subsequent election. If held, such a nonpartisan primary shall be held at least 50 but not more than 60 days prior to the date of the election for which nominations are to be made; and the call for such primary shall be publicly issued at least 60 days prior to the date of holding the primary. To the extent practicable, the provisions of this chapter which apply to the preparation for and conduct of primaries of political parties shall also apply to the preparation for and conduct of municipal nonpartisan primaries. (b) Each candidate for nomination to an office in a nonpartisan primary shall qualify as such candidate by personally, or by his or her

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duly authorized agent, filing notice of his or her candidacy in the office of the superintendent of his or her municipality at least 45 days prior to the date of the primary, in accordance with the provisions of the charter and ordinances of the municipality not inconsistent with the requirements of this chapter. (c) The expenses of a municipal nonpartisan primary may be paid by the municipality calling and holding such primary; provided, however, that the expenses of providing polling places on public premises and electors lists shall be paid by the municipality. Part 3 21-2-170. (a) In addition to the party nominations made at primaries, nominations of candidates for public office other than municipal office may be made by nomination petitions signed by electors and filed in the manner provided in this Code section, and such nomination by petition may also be made for municipal public office if provided for by the municipality's charter or by municipal ordinance. Such petition shall be in the form prescribed by the officers with whom they are filed, and no forms other than the ones so prescribed shall be used for such purposes, but such petitions shall provide sufficient space for the printing of the elector's name as well as for his or her signature. In addition to the other requirements provided for in this Code section, each elector signing a nomination petition shall also print his or her name thereon. (b) A nomination petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A nomination petition of a candidate for any other office shall be signed by a number of voters equal to 5 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. (c) Each person signing a nomination petition shall declare therein that he or she is a duly qualified and registered elector of the state, county, or

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municipality entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate, except any political body seeking to have the names of its candidates for the offices of presidential electors placed upon the ballot through nomination petitions shall not compile a separate petition for each candidate for such office, but such political body shall compile its petitions so that the entire slate of candidates of such body for such office shall be listed together on the same petition. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. (d) A nomination petition shall be on one or more sheets of uniform size and different sheets must be used by signers resident in different counties or municipalities. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one nomination petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (1) His or her residence address, giving municipality with street and number, if any; (2) That each signer manually signed his or her own name with full knowledge of the contents of the nomination petition; (3) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (4) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county or municipality named in the affidavit. (e) No nomination petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same

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(f) A nomination petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. (g) Only those candidates whose petitions are accompanied by a certificate sworn to by the chairperson and secretary of a political body duly registered with the Secretary of State as required by Code Section 21-2-110, stating that the named candidate is the nominee of that political body by virtue of being nominated in a convention, as prescribed in Code Section 21-2-172, shall be listed on the ballot under the name of the political body. All petition candidates not so designated as the nominee of a political body shall be listed on the ballot in the independent column. (h) Notwithstanding the provisions of this Code section, candidates for municipal offices may be nominated by petitions as provided for in this Code section only if the municipality authorizes such nominations by petitions in its charter or by ordinance. 21-2-171. (a) When any nomination petition is presented in the office of the Secretary of State or of any superintendent for filing within the period limited by this chapter, it shall be the duty of such officer to examine the same to the extent necessary to determine if it complies with the law. No nomination petition shall be permitted to be filed if: (1) It contains material errors or defects apparent on the face thereof; (2) It contains material alterations made after signing without the consent of the signers; or (3) It does not contain a sufficient number of signatures of registered voters as required by law. The Secretary of State or any superintendent shall review the petition for compliance with the provisions of Code Section 21-2-170 and shall disregard any pages or signatures that are not in conformance with the provisions of that Code section. The Secretary of State or any superintendent may question the genuineness of any signature appearing on a petition or the qualification of any signer whose signature appears thereon and, if he or she shall thereupon find that any such signature is improper, such signature shall be disregarded in determining whether the petition contains a sufficient number of signatures as required by law. The invalidity of any sheet of a nomination petition shall not affect the validity of such petition if a sufficient petition remains after eliminating such invalid sheet. (b) Upon the filing of a nomination petition, the officer with whom it is filed shall begin expeditiously to examine the petition to determine if it complies with the law. During such examination the officer shall have

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the right to summon by subpoena on two days' notice and interrogate under oath the candidate named in the petition, any person who signed the petition, any person who executed or witnessed any affidavit or certificate accompanying the petition, or any other person who may have knowledge of any matter relevant to the examination. Such officer shall also have the right to subpoena on two days' notice any record relevant to the examination. No witness shall be compelled to attend if he or she should reside more than 100 miles from the place of hearing by the nearest practical route; provided, however, that the officer may compel the taking of his or her testimony by deposition in the county of the residence of the witness. The sheriff of any county, or his or her deputy, or agent of the officer shall serve all processes issued by the officer, or the same may be served by United States registered or certified mail; and the production of an appropriate return receipt issued by the United States post office shall constitute prima-facie evidence of such service. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported forthwith by the officer to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as now allowed and paid witnesses in civil actions in the superior court. The officer shall not be bound by technical rules of evidence in hearing such testimony. The testimony presented shall be stenographically recorded and made a part of the record of the examination. If the petition complies with the law, it shall be granted and the candidate named therein shall be notified in writing. If the petition fails to comply with the law, it shall be denied and the candidate named therein shall be notified of the cause for such denial by letter directed to his or her last known address. In neither case shall the petition be returned to the candidate. (c) The decision of the officer denying a nomination petition may be reviewed by the superior court of the county containing the office of such officer upon an application for a writ of mandamus to compel the granting of such petition. The application for such writ of mandamus shall be made within five days of the time when the petitioner is notified of such decision. Upon the application being made, a judge of such court shall fix a time and place for hearing the matter in dispute as soon as practicable; and notice thereof shall be served with a copy of such application upon the officer with whom the nomination petition was filed and upon the petitioner. At the time so fixed the court, or any judge thereof assigned for the purpose, shall hear the case. If after such hearing the said court shall find that the decision of the officer was erroneous, it shall issue its mandate to the officer to correct his or her decision and to grant the nomination petition. From any decision of the superior court an appeal may be taken within five days after the entry

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thereof to the Supreme Court. It shall be the duty of the Supreme Court to fix the hearing and to announce its decision within such period of time as will permit the name of the candidate affected by the court's decision to be printed on the ballot if the court should so determine. 21-2-172. (a) Any political party desiring to nominate its presidential electors by convention, any political body desiring to nominate its candidates qualifying with petitions by convention, and any political body desiring to nominate its candidates for state-wide public office by convention by virtue of qualifying under Code Section 21-2-180 shall, through its state executive committee, adopt rules and regulations in conformity with this Code section governing the holding of such conventions for the nomination of candidates for any state, district, or county office. Such rules and regulations shall be filed with the Secretary of State, and no amendment to such rules and regulations shall be effective unless filed with the Secretary of State at least 30 days prior to the date of such convention. The state party or body chairperson of such political party or body and its secretary shall accompany the filing of such rules and regulations with their certificate certifying that the rules and regulations therein filed are a true and correct copy of the rules and regulations of the party pertaining to the nomination of candidates by the convention method. (b) The Secretary of State shall examine all such rules and all amendments thereto as shall be filed with him or her within 15 days after receipt thereof. If, in the opinion of the Secretary of State, any rule or regulation, or any part thereof, does not meet the requirements prescribed by this Code section, he or she shall notify the state party or body chairperson and secretary of such party or body in writing, stating therein his or her reasons for rejecting such rule or regulation. If, in the judgment of the Secretary of State, such rules and regulations meet the requirements prescribed by this Code section, they shall be approved. (c) The Secretary of State shall not approve any such rules or regulations unless they provide: (1) That a notice of the proposed date for the holding of any such convention must be published in a newspaper having a general circulation within the area to be affected at least ten days prior to the date of any such convention. Such notice shall also state the purpose for which the convention has been called; (2) That delegates to the convention shall be certified pursuant to appropriate party or body rules by the proper party or body officials; (3) That delegates to the convention shall be apportioned in such manner as will properly reflect the number of electors residing within the political subdivisions or areas affected in accordance with the last

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United States decennial census, or apportioned according to the number of votes received by the party's candidate for the office of President of the United States in the last presidential election in the areas concerned, or apportioned according to the number of votes received by the party's candidate for the office of Governor of Georgia in the last gubernatorial election in the areas concerned; (4) In the event that more than one county is involved, each county shall have at least one delegate to the convention, and such additional delegates as shall be allotted thereto shall be apportioned according to paragraph (3) of this subsection; and (5) That a certified copy of the minutes of the convention, attested to by the chairperson and secretary of the convention, must be filed by the nominee with his or her notice of candidacy. (d) Any candidate nominated by convention shall be required to pay to the person with whom he or she files his or her notice of candidacy the same qualifying fee or the same pauper's affidavit and qualifying petition as that required of other candidates for the same office. (e) A convention for the purpose of nominating candidates shall be held at least 150 days prior to the date on which the general election is conducted. (f) Nothing contained within this Code section shall be construed so as to apply to the nomination of substitute candidates by convention pursuant to Code Section 21-2-134 or to the nomination of candidates in special elections. Part 4 21-2-180. Any political body which is duly registered as provided for in Code Section 21-2-110 is qualified to nominate candidates for state-wide public office by convention if: (1) The political body files with the Secretary of State a petition signed by voters equal in number to 1 percent of the registered voters who were registered and eligible to vote in the preceding general election; or (2) At the preceding general election, the political body nominated a candidate for state-wide office and such candidate received a number of votes equal to 1 percent of the total number of registered voters who were registered and eligible to vote in such general election. 21-2-181. Petitions to qualify political bodies to nominate candidates for state-wide public office by convention shall be filed with the Secretary of State and

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shall be signed by voters in the manner provided in this part. Such petitions shall provide sufficient space for the printing of the voter's name and for the voter's signature. No forms other than those prescribed in this part shall be used for qualifying a political body to nominate candidates for public office. 21-2-182. Each person signing a political body qualifying petition shall declare therein that such person is a duly qualified and registered voter of the state, entitled to vote in the next election for members of the General Assembly, and shall provide with such person's signature such person's residence address and county and the date of such person's signature. No person shall sign the same petition more than once. Each petition shall support the qualification of only one political body. No signature shall be valid if made more than 15 months prior to the submission of the petitions to the Secretary of State. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petitions to the Secretary of State for filing, but such request shall be disregarded if made after such presentation. 21-2-183. (a) A petition to qualify a political body to nominate candidates for public office by convention shall be on one or more sheets of uniform size, and different sheets must be used by signers residing in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the Secretary of State and the political body to be formed by the petition. If more than one sheet is used, they shall be bound together when offered for filing and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. (b) Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet setting forth: (1) The residence address of the circulator; (2) That each signer manually signed such signer's own name with full knowledge of the contents of the political body qualifying petitions; (3) That, to the best of the affiant's knowledge and belief, the signers are registered voters of the State of Georgia, qualified to sign the petition; (4) That their respctive residences are correctly stated in the petition; and (5) That they all reside in the county named in the affidavit. 21-2-184.

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A petition to qualify a political body to nominate candidates for state-wide public office by convention shall not be amended or supplemented after its presentation to the Secretary of State for filing. 21-2-185. No petition to qualify a political body shall be submitted to the Secretary of State for verification after 12:00 Noon on the second Tuesday in July. 21-2-186. Petitions to qualify a political body to nominate candidates for state-wide public office by convention shall be examined and shall be subject to judicial review in the same manner as provided for candidates nominated by petition pursuant to Code Section 21-2-171. 21-2-187. Political bodies shall hold their conventions in accordance with Code Section 21-2-172 and candidates nominated for state-wide public office in convention shall file a notice of candidacy no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in June as prescribed in Code Section 21-2-132; provided, however, that the political body must file its qualifying petition no later than 12:00 Noon on the second Tuesday in July following the convention as prescribed in Code Section 21-2-172 in order to qualify its candidates to be listed on the general election ballot. ARTICLE 6 21-2-210. The Secretary of State is designated as the chief state election official to coordinate the responsibilities of this state under the National Voter Registration Act of 1993 (P.L. 103-31) as required by 42 U.S.C. Section 1973gg-8. 21-2-211. (a) The Secretary of State shall establish and maintain a list of all eligible and qualified registered electors in this state which shall be the official list of electors for use in all elections in this state conducted under this title. (b) (1) As used in this subsection, the term `equipment' shall include, but not be limited to, computer hardware; computer software; modems, controllers, and other data transmission devices; data transmission lines; scanners and other digital imaging devices; and printers. (2) The Secretary of State is authorized to procure and provide all of the necessary equipment to permit the county boards of registrars to access and utilize the official list of electors maintained by the

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Secretary of State pursuant to this Code section, provided that funds are specifically appropriated by the General Assembly for that purpose. 21-2-212. (a) The judge of the superior court in each county or the senior judge in time of service in those counties having more than one judge shall appoint quadrennially, upon the recommendation of the grand jury of such county, not less than three nor more than five judicious, intelligent, and upright electors of such county as county registrars. The grand jury shall submit to the judge the names of ten such electors and the appointment shall be made therefrom and shall be entered on the minutes of the court. When making such appointments, the judge will designate one of the registrars as chief registrar who shall serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the court. It shall be the duty of the clerk of the superior court to certify the appointments and designation to the Secretary of State within 30 days after the appointments and designation, and commissions shall be issued as for county officers. When certifying such names to the Secretary of State, the clerk of the superior court shall also list the addresses of the registrars. Such judge will have the right to remove one or more of such registrars at any time for cause after notice and hearing. In case of the death, resignation, or removal of a registrar, the judge shall appoint a successor who shall serve until the next grand jury convenes, at which time the grand jury shall submit to the judge the names of two judicious, intelligent, and upright electors of such county; and the judge shall make an appointment from said list, such successor to serve the unexpired term of such registrar's predecessor in office. In the event the grand jury is in session at the time of any such death, removal, or resignation, such grand jury shall immediately submit the names of said electors to the judge for such appointment. Each such appointment or change in designation shall be entered on the minutes of the court and certified as provided in this Code section. (b) Appointees under this article shall serve for a term of four years and until their successors are appointed and qualified, except in the event of resignation or removal as provided in subsection (a) of this Code section. Their terms shall commence on July 1 and expire on June 30 four years thereafter. The first new grand jury which convenes in each county in the year 1965, and each four years thereafter, shall submit to the judge the list of names as provided in subsection (a) of this Code section. Such list shall be submitted to the judge, who shall appoint the registrars and designate the chief registrar prior to June 30. No appointment for a full term shall be made prior to January 1 of the year in which the appointee is to take office. If no such grand jury is convened or, if convened but failed to recommend, the judge shall appoint the registrars without the necessity of any recommendation. In the event that

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a registrar holds over beyond the end of the registrar's term of office due to the failure to have a successor timely appointed and qualified, the successor shall be appointed to serve the remainder of the term of office and shall not receive a new four-year term of office. (c) The governing authority of each municipality shall appoint registrars as necessary, and the appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar. The chief registrar will serve as such during such registrar's term of office, and such designation shall likewise be entered on the minutes of the governing authority. Such registrars shall serve at the pleasure of the governing authority, and compensation of the registrars shall be fixed by the governing authority. Any registrar shall have the right to resign at any time by submitting a resignation to such governing authority. In the event of any such removal or resignation of a registrar, such registrar's duties and authority as such shall terminate instantly. Successors to resigned registrars shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified by the governing authority. The governing authority may furnish such employees and facilities as it deems necessary for the operation of the office and the affairs of the registrars. (d) The chief registrar shall be the chief administrative officer of the board of registrars and shall generally supervise and direct the administration of the affairs of the board of registrars. The chief registrar shall act as chairperson of the board of registrars and, as chief registrar, shall perform those functions normally devolving upon the chairperson. The board of registrars shall meet each month on a day selected by the chief registrar to transact the business of the board. The board shall also meet at other times as needed upon the call of the chief registrar or upon the request of two or more of the registrars. The chief registrar shall be compensated in an amount of not less than $55.00 per day for each day of service on the business of the board of registrars. The other registrars shall be compensated in an amount of not less than $44.00 per day for each day of service on the business of the board of registrars. In lieu of the per diem compensation provided for in this subsection, the chief registrar may be compensated in an amount not less than $247.50 per month and the other registrars in an amount not less than $220.00 per month. The per diem or monthly compensation, as the case may be, shall be fixed, subject to the limitations provided for in this subsection, by the governing authority of each county and shall be paid from county funds. The compensation of other officers and employees appointed and employed under this article shall be fixed by the board of registrars with the approval of the governing authority of each county and shall be paid from county funds. (e) Any other provision of this Code section to the contrary notwithstanding, in any county of this state having a population of more than

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600,000 according to the United States decennial census of 1990 or any future such census, the governing authority of the county shall appoint the county registrars in lieu of the judge of the superior court. The appointments shall be entered on the minutes of the governing authority. The governing authority shall designate one of the registrars as chief registrar, who shall serve as such during such registrar's term of office. Such designation shall likewise be entered on the minutes of the governing authority. It shall be the duty of the governing authority to certify the appointments and designation to the Secretary of State within 30 days after such appointments and designation. In certifying such names to the Secretary of State, the governing authority shall also list the addresses of the registrars. Such registrars shall serve at the pleasure of the governing authority of the county, and the compensation of the registrars shall be fixed by the governing authority of the county. Any registrar shall have the right to resign at any time by submitting a resignation to the governing authority. In the event of the death, resignation, or removal of any registrar, such registrar's duties and authority as such shall terminate instantly. Successors shall be appointed by the governing authority. Each appointment or change in designation shall be entered on the minutes of the governing authority and certified as provided in this Code section. The first appointments in any such county under this article shall be made in the year 1965, and the persons appointed shall assume office July 1, 1965. The governing authorities of such counties may furnish such employees and facilities as they deem necessary for the operation of the office and affairs of the registrars. (f) The board of registrars of each county shall prepare annually a budget estimate in which it shall set forth an itemized list of its expenditures for the preceding two years and an itemized estimate of the amount of money necessary to be appropriated for the ensuing year and shall submit the same at the time and in the manner and form other county budget estimates are required to be filed. 21-2-213. (a) The board of registrars in each county may appoint deputy registrars to aid them in the discharge of their duties. The number of deputy registrars appointed to serve shall be determined by the board of registrars. Such deputy registrars shall serve without compensation unless the governing authority of the county, by resolution, authorizes compensation. In appointing deputy registrars, the registrars shall select persons who are reasonably representative of a cross section of significantly identifiable groups of the communities or areas where they are to serve. (b) The board of registrars in each county may hire clerical help to assist them in their duties if the compensation required therefor has been first approved by the governing authority of the county. Such additional clerks shall be eligible to be appointed as deputy registrars for the

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purpose of registering voters and performing other duties as may be required, but it shall not be necessary for such clerks to be electors of the county in which employed. (c) In every county wherein the registrars do not maintain an office which is open and staffed during regular business hours, the registrars shall designate and appoint as chief deputy registrar a full-time county officer or employee for the purpose of registering eligible electors and performing other duties as may be required by the board of registrars. The governing authority of the county shall provide for the compensation of the chief deputy registrar in an amount not less than $200.00 per month. The name, business address, telephone number, and any other pertinent information relative to the chief deputy registrar shall be forwarded by the registrars to the Secretary of State's office, where such information shall be maintained on file. 21-2-214. (a) Registrars and deputy registrars shall be electors of the county or municipality in which they are appointed and shall be able to read, write, and speak the English language. (b) The office of a member of a county or municipal board of registrars, a deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration shall be vacated immediately upon such officer's qualifying for any nomination or office to be voted for at a primary or election or qualifying for any nomination or office or qualifying to have such officer's name placed on any primary or election ballot pursuant to Code Sections 21-2-132 and 21-2-153 or giving notice of such officer's intention of write-in candidacy; provided, however, that this Code section shall not apply to a chief deputy registrar who is also an elected public officer and who seeks to qualify for reelection to the public office such chief deputy registrar is presently holding. Nothing contained in this Code section shall cause the office of a member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration to be vacated upon qualifying for or having such officer's name placed on the ballot or holding office in a political party or body or serving as a presidential elector. (c) No member of a county or municipal board of registrars, deputy registrar, member of a county or municipal board of elections or county or municipal board of elections and registration, or a member of a joint county-municipal board of elections or joint county-municipal board of elections and registration, while conducting the duties of such person's

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office, shall engage in any political activity on behalf of a candidate, political party or body, or question, including, but not limited to, distributing campaign literature, engaging in any communication that advocates or criticizes a particular candidate, officeholder, or political party or body, and wearing badges, buttons, or clothing with partisan messages. (d) Before entering upon the duties of office, each registrar and deputy registrar shall take the following oath before some officer authorized to administer oaths under the laws of this state: `I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as (deputy) registrar.' (e) Registrars, deputy registrars, election superintendents, and poll officers shall be privileged from arrest upon days of primaries and elections, except for fraudulent misconduct of duty, felony, larceny, or breach of the peace. (f) The registrars shall conduct their duties in public and all hearings on the qualifications of electors shall be conducted in public. 21-2-215. (a) For the purpose of taking and processing applications for registration and for the purpose of registering electors, such number of registrars or deputy registrars as shall be designated by the chief registrar shall be stationed in the main office of the board of registrars. (b) In those counties in which the registrars have a main office separate from other county offices, the main office shall be in the courthouse or other public building at the county site. In those counties in which the registrars do not have an office separate from other county offices, the office of the chief deputy registrar or other office designated by the board of registrars which is accessible at all times during normal business hours shall be deemed to be the main office of the board of registrars. (c) The main office of the board of registrars in each county shall remain open for business during regular office hours on each business day, except Saturday. The main office, or such other offices, shall be open at such designated times other than the normal business hours as shall reasonably be necessary to facilitate registration and at such other hours as will suit the convenience of the public. (d) The board of registrars may designate additional registration places throughout the county on a temporary or permanent basis. These additional offices for registration will have fixed hours of operation. All voter registration places shall be places open to the general public and frequented by the general public. Such places for temporary or permanent voter registration may include, but shall not be limited to, any of

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the following: churches, synagogues, governmentally funded and managed public housing facilities, public social agencies, public child care centers, public recreation centers, public buildings and shopping centers, multifamily apartment complexes, child care centers, and educational facilities, provided that such places are in fact open to and frequented by the general public. (e) Additional registration places and the hours of operation shall be advertised in a newspaper of general circulation in the county or in the form of a public service announcement on radio or television one or more times at least three days prior to the first day for registration. (f) The State Election Board shall adopt rules and regulations setting forth criteria governing the selection of voter registration places in conformity with the provisions of subsection (d) of this Code section. Boards of registrars shall not adopt rules nor utilize procedures inconsistent with such rules and regulations adopted by the State Election Board; provided, however, that nothing contained in this subsection shall supersede the ultimate authority of local boards in selecting additional voter registration sites. (g) Each principal or assistant principal of every public or private high school, the president of every public or private college or university, the president of each state supported technical institute in this state, and the designee of such principal, assistant principal, college or university president, or state supported technical institute president shall be a deputy registrar of the county in which the school, college, university, or institute is located for the purpose of receiving voter registration applications from those qualified applicants who are enrolled students within the principal's school or the president's college, university, or institute or who are employed by the private high school, the school system, the college or university, or the state supported technical institute, notwithstanding the fact that such students or employees are not residents of the county in which the school, college, university, or institute is located. Such principals, assistant principals, presidents, and their designees shall inform their students and employees of the availability of such voter registration and shall provide reasonable and convenient procedures to enable such persons who are qualified applicants to register. The principal of each public or private high school, the president of each public or private college or university, and the president of each state supported technical institute are authorized to invite other deputy registrars to the school, college, university, or institute for the purpose of conducting voter registration. (h) The completed registration cards in the custody of the board of registrars and the other papers of the board of registrars shall be secured and maintained in the main office of the board of registrars, with the exception that completed registration cards may be retained temporarily at permanent additional voter registration places established under this

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Code section but shall be transmitted to the main office as expeditiously as possible by a registrar or deputy registrar or by United States mail. In no event shall the completed registration cards be temporarily retained beyond the end of the next business day. However, in counties in which a computer system for the electronic imaging of the entire voter registration card or the signature of the voter is operational and permits the registrars to view the signature of the voter electronically, the completed registration cards may be stored in a secure area outside of the main office of the board of registrars, provided that such cards may be retrieved within a reasonable time in the event that the actual card is needed. The electronic image of the voter's signature may be used by the registrars in the same manner as the original signature on the voter registration card to verify absentee ballot applications, absentee ballots, petitions, and other documents which require the registrars to compare the signature of the voter on the document to the signature on the voter's registration card. (i) The board of registrars shall enter into the state-wide voter registration system credit for voting by qualified electors to the Secretary of State within 60 days of a primary or election for the purpose of maintaining the list of electors and voter history. (j) At such time as the Secretary of State certifies that a system for the digitization of all or a portion of the completed registration cards is operational, the board of registrars shall expeditiously transmit the registration card for each elector whose registration has been approved to the Secretary of State. The Secretary of State shall retain such cards after processing for the period of time set forth in this article. 21-2-216. (a) No person shall vote in any primary or election held in this state unless such person shall be: (1) Registered as an elector in the manner prescribed by law; (2) A citizen of this state and of the United States; (3) At least 18 years of age; (4) A resident of this state and of the county or municipality in which he or she seeks to vote; and (5) Possessed of all other qualifications prescribed by law. (b) In addition to the qualifications in subsection (a) of this Code section, no person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence and no person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed.

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(c) Any person who possesses the qualifications of an elector except that concerning age shall be permitted to register to vote if such person will acquire such qualification within six months after the day of registration; provided, however, that such person shall not be permitted to vote in a primary or election until the acquisition of all specified qualifications. (d) Notwithstanding any other provision of this article, any person who was qualified and registered to vote on June 24, 1964, shall not be required to reregister under the terms of this article unless such person shall have become or becomes disqualified to vote by reason of having been purged from the list of electors or for any other reason whatsoever, in which event such person shall, in order to become registered to vote, reregister under the terms of this article. (e) If any citizen of this state begins residence in another state after the thirtieth day next preceding any election for President and Vice President and, for that reason, does not satisfy the registration requirements of that state, such citizen shall be allowed to vote for presidential and vice presidential electors, in that election, in person in this state if such citizen satisfied, as of the date of such citizen's change of residence, the requirements to vote in this state, or by absentee ballot in this state if such citizen satisfies, but for such citizen's nonresident status and the reason for such citizen's absence, the requirements for absentee voting in this state. (f) No person shall remain an elector longer than such person shall retain the qualifications under which such person registered. 21-2-217. (a) In determining the residence of a person desiring to register to vote, the following rules shall be followed so far as they are applicable: (1) The residence of any person shall be held to be in that place in which such person's habitation is fixed, without any present intention of removing therefrom, and to which, whenever such person is absent, such person intends to return; (2) A person shall not be considered to have lost such person's residence who leaves such person's home and goes into another state, county, or municipality in this state, for temporary purposes only, with the intention of returning, unless such person shall register to vote or perform other acts indicating a desire to change such person's citizenship and residence; (3) A person shall not be considered to have gained a residence in any county or municipality of this state into which such person has come for temporary purposes only without the intention of making such county or municipality such person's permanent place of abode;

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(4) If a person removes to another state with the intention of making it such person's residence, such person shall be considered to have lost such person's residence in this state; (5) If a person removes to another state with the intention of remaining there an indefinite time and making such state such person's place of residence, such person shall be considered to have lost such person's residence in this state, notwithstanding that such person may intend to return at some indefinite future period; (6) If a person removes to another county or municipality within this state with the intention of remaining there an indefinite time and making such other county or municipality such person's place of residence, such person shall be considered to have lost such person's residence in the former county or municipality, notwithstanding that such person may intend to return at some indefinite future period; (7) The residence for voting purposes of a person shall not be required to be the same as the residence for voting purposes of his or her spouse; (8) No person shall be deemed to have gained or lost a residence by reason of such person's presence or absence while enrolled as a student at any college, university, or other institution of learning in this state; (9) The mere intention to acquire a new residence, without the fact of removal, shall avail nothing; neither shall the fact of removal without the intention; (10) No member of the armed forces of the United States shall be deemed to have acquired a residence in this state by reason of being stationed on duty in this state; (11) If a person removes to the District of Columbia or other federal territory, another state, or foreign country to engage in government service, such person shall not be considered to have lost such person's residence in this state during the period of such service; and the place where the person resided at the time of such person's removal shall be considered and held to be such person's place of residence; (12) If a person is adjudged mentally ill and is committed to an institution for the mentally ill, such person shall not be considered to have gained a residence for voting purposes in the county in which the institution to which such person is committed is located; and (13) If a person goes into another state and while there exercises the right of a citizen by voting, such person shall be considered to have lost such person's residence in this state. (b) In determining a voter's qualification to register and vote, the registrars to whom such application is made shall consider, in addition to

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the applicant's expressed intent, any relevant circumstances determining the applicant's residence. The registrars taking such registration may consider the applicant's financial independence, business pursuits, employment, income sources, residence for income tax purposes, age, marital status, residence of parents, spouse and children, if any, leaseholds, sites of personal and real property owned by the applicant, motor vehicle and other personal property registration, and other such factors that the registrars may reasonably deem necessary to determine the qualification of an applicant to vote in a primary or election. The decision of the registrars to whom such application is made shall be presumptive evidence of a person's residence for voting purposes. 21-2-218. (a) Any person, who is registered to vote in another state and who moves such person's residence from that state to this state, shall, at the time of making application to register to vote in this state, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in this state and to cancel such person's registration in the former place of residence. (b) Any person, who is registered to vote in another county or municipality in this state and who moves such person's residence from that county or municipality to another county or municipality in this state, shall, at the time of making application to register to vote in that county or municipality, provide such information as specified by the Secretary of State in order to notify such person's former voting jurisdiction of the person's application to register to vote in the new place of residence and to cancel such person's registration in the former place of residence. (c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact at least 30 days prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. (d) In the event that an elector moves to a residence within the county or municipality but into a different precinct or who moves to a residence in the same precinct but at a different address and fails to notify the board of registrars of such fact at least 30 days prior to an election or primary such elector shall vote in the precinct of such elector's former

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residence for such election or primary and for any runoffs resulting therefrom. The superintendent of an election shall make available at each polling place forms furnished by the Secretary of State which shall be completed by each such elector to reflect such elector's present legal residence. Such forms may also be used to notify the board of registrars of a change in an elector's name. The board of registrars shall thereafter place the elector in the proper precinct and voting districts and correct the list of electors accordingly. If the elector is placed in a precinct other than the one in which such elector has previously been voting, such elector shall be notified of the new polling place by first-class mail. (e) Any provision of this chapter to the contrary notwithstanding, an elector who moves from one county or municipality to another within 30 days prior to a primary or election may vote in the county or municipality or precinct in which such elector is registered to vote. (f) No person shall vote in any county or municipality other than the county or municipality of such person's residence except as provided in subsection (e) of this Code section. (g) In the event that the registration records incorrectly indicate that an elector has moved from an address within a precinct, the elector may vote in the precinct upon affirming in writing on a form prescribed by the Secretary of State that the elector still resides in the precinct at the address previously provided to the board of registrars. The registrars shall correct the elector's registration record to reflect the correct address. 21-2-219. (a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State. Except as provided in subsection (b) of this Code section, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration. (b) A person who is a legal resident of this state and a citizen of the United States; who is a member of the armed forces of the United States or the merchant marine, is a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member, or is temporarily or permanently residing overseas; and who will be absent from such person's county of residence until after the time for registering for an ensuing primary or election may make proper application for voter registration on the official post card provided for by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended.

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(c) Permanent overseas citizens shall only be authorized to vote for presidential electors and United States senator or representative in Congress. Permanent overseas citizens shall be deemed to be residents of the precinct in which the county courthouse is located. (d) A properly executed registration card submitted under the provisions of subsection (b) of this Code section, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under Code Section 21-2-381, or a special absentee ballot under Code Section 21-2-381.1, as appropriate. (e) A person who is a United States citizen, permanently residing overseas, who has never lived in the United States, may register and vote in this state in the county of residence of either of such person's parents under the limitations of subsection (c) of this Code section if either of the person's parents is registered to vote in this state. Such person shall be deemed to reside at the same location as the parent for voting purposes. 21-2-220. (a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Public Safety as provided in Code Section 21-2-221, by making application through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223. (b) If an applicant fails to provide all of the required information on the application for voter registration, the board of registrars shall notify the registrant in writing of the missing information. The board of registrars shall not determine the eligibility of the applicant until and unless all required information is supplied by the applicant. If the initial application is received prior to the close of voter registration prior to an election, if the applicant supplies the necessary information on or prior to the date of the election, and if the applicant is found eligible to vote, the applicant shall be added to the list of electors and shall be permitted to vote in the election and any run-off elections resulting therefrom and subsequent elections. In the event the elector does not respond to the request for the missing information within 30 days, the application shall be rejected. (c) If an applicant submits false information, the board of registrars shall reject the application and shall refer the application to the district attorney of the county for criminal prosecution. If the false information is not discovered until after the applicant's application has been approved and the applicant's name added to the list of electors, the

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giving of such false information shall be cause to challenge the applicant's right to remain on the list of electors, which, if sustained, shall result in such applicant's name being removed from the list and the application being submitted to the district attorney of the county for criminal prosecution. 21-2-221. (a) Each application to obtain, renew, or change the name or address on a driver's license or identification card issued by the Department of Public Safety pursuant to Chapter 5 of Title 40 made by an applicant who is within six months of such applicant's eighteenth birthday or older shall also serve as an application for voter registration unless the applicant declines to register to vote through specific declination or by failing to sign the voter registration application. (b) The commissioner of public safety and the Secretary of State shall agree upon and design such procedures and forms as will be necessary to comply with this Code section. (c) The forms designed by the commissioner of public safety and the Secretary of State: (1) Shall not require the applicant to duplicate any information required in the driver's license portion of the application with the exception of a second signature; (2) Shall include such information as required on other voter registration cards issued by the Secretary of State; (3) Shall contain a statement that states each eligibility requirement contained in Code Section 21-2-216, that contains an attestation that the applicant meets each such requirement, and that requires the signature of the applicant under penalty of perjury; and (4) Shall include, in print that is identical to that used in the attestation, the penalties provided by law for submission of a false voter registration application; and a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes. (d) Any change of address submitted to the Department of Public Safety for the purpose of changing the information contained on a driver's license or identification card issued by the Department of Public Safety shall serve as a notification of change of address for voter registration unless the registrant states that at the time of submitting the change of address that the change of address is not for voter registration purposes. (e) The Department of Public Safety shall transmit the completed applications for voter registration to the Secretary of State at the

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conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (f) The Department of Public Safety shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (g) No information relating to the failure of an applicant for a driver's license or identification card issued by the Department of Public Safety to sign a voter registration application may be used for any purpose other than voter registration. (h) The Secretary of State and the commissioner of public safety shall have the authority to promulgate rules and regulations to provide for the transmission of voter registration applications and signatures electronically. Such electronically transmitted signatures shall be valid as signatures on the voter registration application and shall be treated in all respects as a manually written original signature and shall be recognized as such in any matter concerning the voter registration application. 21-2-222. (a) As used in this Code section, the term: (1) `Persons with disabilities' means persons who have physical disabilities, including, but not limited to, any physical or neurological impairment which severely restricts a person's mobility or manual dexterity; substantial loss of speech, sight, or hearing; or loss of one or more limbs or use thereof; but such term shall not include nonphysical disabilities, mental or emotional disabilities, or disabilities based upon substance abuse. (2) `Public assistance' means the food stamp program; the Medicaid program; the Women, Infants, and Children program; and the Temporary Assistance for Needy Families program. (3) `Recruitment office of the armed forces of the United States' includes both regular and reserve forces recruitment offices and national guard recruitment offices. (b) Each office in this state: (1) Which provides public assistance; (2) Which provides state funded programs primarily engaged in providing services to persons with disabilities; and (3) Which is a recruitment office of the armed forces of the United States located within this state

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shall be designated voter registration agencies. (c) In addition to the offices listed in subsection (b) of this Code section, the Secretary of State shall designate other offices within the state as designated voter registration offices. Such offices may include, but not be limited to: (1) State or local governmental offices such as public libraries, public schools, offices of county and municipal clerks, and government revenue offices; and (2) Federal and nongovernmental offices, with the agreement of such offices. (d) At each designated voter registration agency, the following services shall be made available: (1) Distribution of the mail voter registration application provided for in Code Section 21-2-223 in accordance with subsection (f) of this Code section; (2) Assistance to applicants in completing voter registration application forms, unless the applicant refuses such assistance; and (3) Acceptance of completed voter registration application forms for submission to the Secretary of State. (e) If a designated voter registration agency under paragraph (2) of subsection (b) of this Code section provides services to a person with a disability at the person's home, the agency shall provide the services described in subsection (d) of this Code section at such person's home. (f) A designated voter registration agency that provides service or assistance in addition to conducting voter registration shall: (1) Distribute with each application for such service or assistance and with each recertification, renewal, or change of address form relating to such service or assistance, when such application, recertification, renewal, or change of address is made in person, the mail voter registration application form provided for in Code Section 21-2-223 unless the applicant declines in writing to register to vote; (2) Distribute a form provided by the Secretary of State to accompany the voter registration application form which includes: (A) The question `If you are not registered to vote where you live now, would you like to apply to register to vote here today? '; (B) If the agency provides public assistance, the statement `Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.'; (C) Boxes for the applicant to check to indicate whether the applicant is presently registered, would like to register, or declines

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to register to vote with the statement `IF YOU DO NOT CHECK ANY BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.' in close proximity to the boxes and in prominent type; (D) The statements `If you would like help in filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application in private.'; and (E) The statement `If you believe that someone has interfered with your right to register or to decline to register to vote or your right to privacy in deciding whether to register or in applying to register to vote, you may file a complaint with the Secretary of State at (insert address and telephone number).'; and (3) Provide to each applicant who does not decline to apply to register to vote the same degree of assistance with regard to the completion of the voter registration application form as is provided by the office with regard to the completion of its own forms, unless the applicant refuses such assistance. (g) If an applicant fails to check any box on the form required by subparagraph (f)(2)(C) of this Code section, the applicant shall be deemed to have declined to apply to register to vote. (h) No information relating to a declination to apply to register to vote in connection with an application made at an office described in subsection (f) of this Code section may be used for any purpose other than voter registration and shall not be subject to public inspection. (i) Each office shall transmit the completed voter registration application forms to the Secretary of State at the conclusion of each business day. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (j) Each office shall maintain such statistical records on the number of registrations and declinations as requested by the Secretary of State. (k) Persons providing the services described in subsection (d) of this Code section shall not: (1) Seek to influence an applicant's political preference; (2) Display any such political preference or political party or body allegiance; (3) Make any statement to an applicant or take any action the purpose or effect of which is to discourage the applicant from applying to register to vote; or

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(4) Make any statement to an applicant or take any action the purpose or effect of which is to lead the applicant to believe that a decision to apply to register or not to apply to register to vote has any bearing on the availability of services or benefits. 21-2-223. (a) The Secretary of State shall design, publish, and distribute voter registration application forms with which a person may apply to register to vote by completing and mailing the form to the Secretary of State. The Secretary of State shall forward the applications to the appropriate county board of registrars to determine the eligibility of the applicant and, if found eligible, to add the applicant's name to the list of electors and to place the applicant in the correct precinct and voting districts. (b) The county boards of registrars shall obtain and maintain a supply of mail voter registration application forms for distribution and for voter registration. In addition, each state, county, and municipal office, except an office which is a designated voter registration office under Code Section 21-2-222, which has regular contact with the public shall obtain a supply of mail voter registration application forms from the Secretary of State and make such applications available for use by citizens to register to vote. (c) The mail voter registration application forms shall be made available through governmental and private entities with particular emphasis on making such forms available for organized voter registration programs. 21-2-224. (a) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any general primary, general election, or presidential preference primary, such person shall make application as provided in this article by the close of business on the fifth Monday or, if such Monday is a legal holiday, by the close of business on the following business day prior to the date of such general primary, general election, or presidential preference primary. (b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any special primary or special election, such person shall make application as provided in this article no later than the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state; except that: (1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special

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election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county or municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day. (c) Mail voter registration applications shall be deemed to have been made as of the date of the postmark affixed to such application by the United States Postal Service or, if no such postmark is affixed or if the postmark affixed by the United States Postal Service is illegible or bears no date, such application shall be deemed to have been made timely if received through the United States mail by the Secretary of State no later than the close of business on the fourth Friday prior to a general primary, general election, presidential preference primary, or special primary or special election held in conjunction with a general primary, general election, or presidential preference primary or special primary or special election held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present questions to the voters or special primaries or special elections to fill vacancies in elected county or municipal offices or no later than the close of business on the ninth day after the date of the call, excluding Saturdays, Sundays, and legal holidays of this state, for all other special primaries and special elections. (d) Each elector who makes timely application for registration, is found eligible by the board of registrars and placed on the official list of electors, and is not subsequently found to be disqualified to vote shall be entitled to vote in any primary or election; provided, however, that an elector, voting in the primary or primaries held by a single party for the nomination of candidates to seek public offices to be filled in an election, shall not vote in a primary held by any other party for the nomination of candidates to seek public offices to be filled in the same such election. (e) The county board of registrars shall deliver to the chief registrar of the municipality, upon a basis mutually agreed upon between the county board of registrars and the governing authority of the municipality, a copy of the list of electors for the municipality for the primary or election. Such list shall be delivered at least 14 days prior to such primary

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or election for the purpose of permitting the chief registrar of the municipality to check the accuracy of the list. The municipal registrar shall, upon receipt of the county registration list, or as soon as practicable thereafter but in no event later than five days prior to such primary or election, review such list and identify in writing to the county board of registrars any names on the electors list of persons who are not qualified to vote at such primary or election stating the reason for disqualification. The county board of registrars shall challenge the persons identified in accordance with Code Section 21-2-228. In addition, the county board of registrars shall provide a list of inactive electors for the municipality. The municipal registrar shall certify such lists and file with the city clerk a copy showing the names of electors entitled to vote at such primary or election. (f) The official list of electors eligible to vote in any primary or election shall be prepared and completed at least five calendar days prior to the date of the primary or election in which the list is to be used. (g) The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct shall include only the elector's name, address, ZIP code, date of birth, voter identification number, congressional district, state Senate district, state House district, county commission district, if any, county or independent board of education district, if any, and municipal governing authority district designations, if any, and such other voting districts, if any. The official list of electors and the official list of inactive electors prepared and distributed to the poll officers of each precinct may also include codes designating that an elector has voted by absentee ballot, has been challenged, or has been sent mail by the registrars which has been returned marked undeliverable. No person whose name does not appear on the official list of electors shall vote or be allowed to vote at any election, except as otherwise provided in this article. (h) All persons whose names appear on the list of electors placed in the possession of the managers in each precinct and no others, except as otherwise provided in this article, shall be allowed to deposit their ballots according to law at the precinct in which they are registered. (i) When any portion of a county or municipality is changed from one county or municipality to another, the persons who would have been qualified to vote in the county or municipality from which taken, at the time of any primary or election, shall vote in the county or municipality to which they are removed; and, if required to swear or certify, the oath or certification may be so qualified as to contain this fact. The name of such elector shall be kept and checked as provided in Code Section 21-2-228. 21-2-225.

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(a) Neither the original applications for voter registration nor any copies thereof shall be open for public inspection except upon order of a court of competent jurisdiction. (b) All data collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article shall be available for public inspection with the exception of the social security numbers of the electors and the locations at which the electors applied to register to vote which shall remain confidential and be used only for voter registration purposes; provided, however, that social security numbers of electors may be made available to other state agencies if the agency is authorized to maintain information by social security number and the information is used only to identify the elector on the receiving agency's data base and is not disseminated further and remains confidential. (c) It shall be the duty of the Secretary of State to furnish copies of such data as may be collected and maintained on electors whose names appear on the list of electors maintained by the Secretary of State pursuant to this article, within the limitations provided in this article, on electronic media or computer run list or both. Notwithstanding any other provision of law to the contrary, the Secretary of State shall establish the cost to be charged for such data. The Secretary of State may contract with private vendors to make such data available in accordance with this subsection. Such data may not be used by any person for commercial purposes. 21-2-226. (a) It shall be the duty of the county board of registrars to determine the eligibility of each person applying to register to vote in such county. (b) Upon finding an elector eligible to vote in the county, the county board of registrars shall have the duty of determining and placing the elector in the proper congressional district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any; such other voting districts, if any; and precinct. (c) It shall be the duty of each incorporated municipality located wholly or partially within the boundaries of a county to provide a detailed map showing the municipal boundaries, municipal precinct boundaries, and voting district boundaries to the county board of registrars no later than January 1, 1995, and within 15 days after the preclearance of any changes in such municipal boundaries, precinct boundaries, or voting district boundaries pursuant to Section 5 of the federal Voting Rights Act of 1965 (42 U.S.C. Section 1973c), as amended. Upon receiving any changes in municipal boundaries, the county board of registrars shall provide to the municipal registrar a list of all voters affected by such changes with the street addresses of such electors for the purpose of verifying the changes

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with the municipality. Upon receiving the list of electors affected by changes in municipal boundaries, the municipal registrar shall immediately review the information provided by the county registrars and advise the county registrars of any discrepancies. (d) Each person submitting an application for voter registration shall be notified of the disposition of such application. In the event that the person is found ineligible, the person shall be notified of the reasons for ineligibility. Such notices shall be sent to the person in writing by nonforwardable, first-class mail at the mailing address listed on the application. (e) Each elector found eligible to be registered to vote by the board of registrars shall be issued a card which shall contain the elector's name and address, a block or space for the elector's signature, the date of the elector's registration, the name and location of the elector's polling place or polling places if the county and municipal polling places are not the same, and the designation of the elector's congressional district; state Senate district; state House district; county commission district, if any; county or independent board of education district, if any; and municipal governing authority district, if any, and such other voting districts, if any. On the reverse side of the card, there shall be printed instructions which shall indicate the procedure to be followed in the event of the change of address of the elector. In the event an elector changes residences within the county in which an elector is registered to vote, the elector may change such elector's address by returning the card to the board of registrars of such county indicating the new address. Upon receipt of such card, the board of registrars shall make the necessary changes in the elector's registration records and issue a new card to the elector. In the event that an elector's precinct, polling place, or voting district or districts change, a new card shall be issued to the elector reflecting such changes. When the boundaries of a precinct are changed, all affected electors shall be sent a new card prior to the next primary or election. The form of such cards shall be determined by the Secretary of State. The issuance of such cards shall be sufficient as a notification of the disposition of an application for voter registration under this Code section, provided that such cards are sent by nonforwardable, first-class mail. (f) In the event that the registrars are required to issue voters new cards under subsection (e) of this Code section due to changes in districts or precincts as a result of reapportionment or court order, the registrars may apply to the Secretary of State prior to June 30 of each year for reimbursement of the costs of postage with respect to mailing such cards during the 12 month period ending on June 30 of that year. The Secretary of State shall receive all such applications and shall, no later than June 30 of each year, reimburse the counties for such costs from funds specifically appropriated for that purpose. In the event that the

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total amount of the requests for reimbursement exceeds the funds appropriated for reimbursement, the Secretary of State shall reimburse the counties on a pro rata basis. In the event that no funds are specifically appropriated for reimbursement, no such reimbursement shall be made. 21-2-227. Whenever the authority of a governmental subdivision within a county who is charged with the responsibility of holding elections shall request the board of registrars of the county to furnish a list of electors qualified to vote in the election involved and residing within the limits of such subdivision, it shall be the duty of the board of registrars to prepare promptly and furnish such a list at no charge. 21-2-228. (a) The board of registrars of each county or municipality shall have the right and shall be charged with the duty of examining from time to time the qualifications of each elector of the county or municipality whose name is entered upon the list of electors and shall not be limited or estopped by any action previously taken. (b) For the purpose of determining the qualification or disqualification of applicants and electors, the board of registrars may, upon at least three days' notice, require the production of books, papers, and other material and, upon like notice, may subpoena witnesses. The board may swear any witness appearing before it. If the registrars shall differ among themselves upon any question coming before them, the concurrent votes of a majority of the registrars shall control. (c) The sheriff, any deputy sheriff, or any lawful constable of such county or peace officer of such municipality shall serve all summonses, notices, and subpoenas issued by such registrars and placed in the hands of any such official. Such official shall receive such compensation as is provided for like services in the superior court. In case of the refusal of any person subpoenaed to attend or testify, such fact shall be reported immediately by the registrars to the appropriate superior court, or to a judge thereof, and such court or judge shall order such witness to attend and testify; and, on failure or refusal to obey such order, such witness shall be dealt with as for contempt. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court. (d) If the right of any person to remain on the list of electors is questioned by the registrars, they shall give such person at least three days' written notice of the date, time, and place of a hearing to determine such right which shall be served upon such person either by first-class mail addressed to the mailing address shown on the person's

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voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (e) If, after conducting a hearing, the registrars find that the elector is not qualified to remain on the list of electors, the registrars shall remove the name of such elector from the list of electors. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of this Code section for other notices. (f) An elector whose name is removed from the list of electors in accordance with this Code section shall have a right of appeal of such decision to the superior court of the county by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand. 21-2-229. (a) Any elector of a county or municipality may challenge the qualifications of any person applying to register to vote in the county or municipality and may challenge the qualifications of any elector of the county or municipality whose name appears on the list of electors. Such challenges shall be in writing and shall specify distinctly the grounds of the challenge. (b) Upon such challenge being filed with the board of registrars, the registrars shall set a hearing on such challenge. Notice of the date, time, and place of the hearing shall be served upon the person whose qualifications are being challenged along with a copy of such challenge and upon the elector making the challenge. The person being challenged shall receive at least three days' notice of the date, time, and place of the hearing. Such notice shall be served either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228. (c) The burden shall be on the elector making the challenge to prove that the person being challenged is not qualified to remain on the list of electors. The board of registrars shall have the authority to issue subpoenas for the attendance of witnesses and the production of books, papers, and other material upon application by the person whose qualifications are being challenged or the elector making the challenge. The party requesting such subpoenas shall be responsible to serve such subpoenas and, if necessary, to enforce the subpoenas by application to the superior court. Any witness so subpoenaed, and after attending, shall be allowed and paid the same mileage and fee as allowed and paid witnesses in civil actions in the superior court.

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(d) After the hearing provided for in this Code section, the registrars shall determine said challenge and shall notify the parties of their decision. If the registrars uphold the challenge, the person's application for registration shall be rejected or the person's name removed from the list of electors, as appropriate. The elector shall be notified of such decision in writing either by first-class mail addressed to the mailing address shown on the person's voter registration records or in the manner provided in subsection (c) of Code Section 21-2-228 for other notices. (e) Either party shall have a right of appeal from the decision of the registrars to the superior court by filing a petition with the clerk of the superior court within ten days after the date of the decision of the registrars. A copy of such petition shall be served upon the other parties and the registrars. Unless and until the decision of the registrars is reversed by the court, the decision of the registrars shall stand. 21-2-230. (a) Any elector of the county or municipality may challenge the right of any other elector of the county or municipality, whose name appears on the list of electors, to vote in an election. Such challenge shall be in writing and specify distinctly the grounds of such challenge. Such challenge may be made at any time prior to the elector whose right to vote is being challenged voting at the elector's polling place or, if such elector cast an absentee ballot, prior to the close of the polls on the day of the election. (b) Upon the filing of such challenge, the board of registrars shall immediately consider such challenge and determine whether probable cause exists to sustain such challenge. If the registrars do not find probable cause, the challenge shall be denied. If the registrars find probable cause, the registrars shall notify the poll officers of the challenged elector's precinct or, if the challenged elector voted by absentee ballot, notify the poll officers at the absentee ballot precinct and, if practical, notify the challenged elector and afford such elector an opportunity to answer. (c) If the challenged elector appears at the polling place to vote, such elector shall be given the opportunity to appear before the registrars and answer the grounds of the challenge. (d) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and if the challenge is based on grounds other than the qualifications of the elector to remain on the list of electors, no further action by the registrars shall be required. (e) If the challenged elector cast an absentee ballot and it is not practical to conduct a hearing prior to the close of the polls and the challenge is based upon grounds other than the qualifications of the

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elector to remain on the list of electors, the absentee ballot shall be treated as a challenged ballot pursuant to subsection (d) of Code Section 21-2-386. No further action by the registrars shall be required. (f) If the challenged elector does not cast an absentee ballot and does not appear at the polling place to vote and the challenge is based on the grounds that the elector is not qualified to remain on the list of electors, the board of registrars shall proceed to hear the challenge pursuant to Code Section 21-2-229. (g) If the challenged elector cast an absentee ballot and the challenge is based upon grounds that the challenged elector is not qualified to remain on the list of electors, the board of registrars shall proceed to conduct a hearing on the challenge on an expedited basis prior to the certification of the consolidated returns of the election by the election superintendent. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. (h) If the challenged elector appears at the polls to vote and it is practical to conduct a hearing on the challenge prior to the close of the polls, the registrars shall conduct such hearing and determine the merits of the challenge. If the registrars deny the challenge, the elector shall be permitted to vote in the election notwithstanding the fact that the polls may have closed prior to the time the registrars render their decision and the elector can actually vote, provided that the elector proceeds to vote immediately after the decision of the registrars. If the registrars uphold the challenge, the challenged elector shall not be permitted to vote and, if the challenge is based upon the grounds that the elector is not qualified to remain on the list of electors, the challenged elector's name shall be removed from the list of electors. (i) If the challenged elector appears at the polls to vote and it is not practical to conduct a hearing prior to the close of the polls or if the registrars begin a hearing and subsequently find that a decision on the challenge cannot be rendered within a reasonable time, the challenged elector shall be permitted to vote by having the word `Challenged' and the elector's name written across the back of the elector's ballot notwithstanding the fact that the polls may have closed prior to the time the registrars make such a determination, provided that the elector proceeds to vote immediately after such determination of the registrars.

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In such cases, if the challenge is based upon the grounds that the challenged elector is not qualified to remain on the list of electors, the registrars shall proceed to finish the hearing prior to the certification of the consolidated returns of the election by the election superintendent. If the challenge is based on other grounds, no further action shall be required by the registrars. The election superintendent shall not certify such consolidated returns until such hearing is complete and the registrars have rendered their decision on the challenge. If the registrars deny the challenge, the superintendent shall proceed to certify the consolidated returns. If the registrars uphold the challenge, the name of the challenged elector shall be removed from the list of electors and the ballot of the challenged elector shall be rejected and not counted and, if necessary, the returns shall be adjusted to remove any votes cast by such elector. The elector making the challenge and the challenged elector may appeal the decision of the registrars in the same manner as provided in subsection (e) of Code Section 21-2-229. 21-2-231. (a) The clerk of the superior court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were convicted of a felony involving moral turpitude during the preceding calendar month in the county. (b) The judge of the probate court of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who were declared mentally incompetent during the preceding calendar month in the county and whose voting rights were removed. (c) The local registrar of vital statistics of each county shall, on or before the tenth day of each month, prepare and transmit to the Secretary of State, in a format as prescribed by the Secretary of State, a complete list of all persons, including addresses, ages, and other identifying information as prescribed by the Secretary of State, who died during the preceding calendar month in the county. The Secretary of State may, by agreement with the commissioner of human resources, obtain such information from the state registrar of vital statistics. (d) Upon receipt of such lists and the lists of persons convicted of felonies in federal courts received pursuant to 42 U.S.C. Section 1973gg-6(g), the Secretary of State shall transmit the names of such persons whose names appear on the list of electors to the appropriate county board of registrars who shall remove such names from the list of

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electors and shall mail a notice of such action and the reason therefor to the last known address of such persons by first-class mail. 21-2-232. (a) An elector may request to have such elector's name removed from the list of electors by making a written request to the registrars of such elector's county of residence. Upon receipt of such request, the registrars shall remove such elector's name from the list of electors and shall confirm such removal by written notice by first-class mail sent to the address on the elector's registration records. (b) When an elector of this state moves to another county or state and registers to vote and the registration officials send a notice of cancellation reflecting the registration of the elector in the other county or state, the Secretary of State or the board of registrars, as the case may be, shall remove such elector's name from the list of electors. It shall not be necessary to send a confirmation notice to the elector in such circumstances. 21-2-233. (a) The Secretary of State is authorized to cause at his or her discretion the official list of electors to be compared to the change of address information supplied by the United States Postal Service through its licensees periodically, but not more often than once each year, for the purpose of identifying those electors whose addresses have changed. (b) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address in the county in which the elector is presently registered, the list of electors shall be changed to reflect the new address and the elector shall be sent a notice of the change by forwardable mail at both the old address and the new address with a postage prepaid, preaddressed return form by which the elector may verify or correct the address information. (c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at both the old and new addresses. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, the elector's name shall be removed from the appropriate list of electors. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the

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elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote. 21-2-234. (a) (1) As used in this Code section and Code Section 21-2-235, the term `no contact' shall mean that the elector has not filed an updated voter registration card, has not filed a change of name or address, has not signed a petition which is required by law to be verified by the election superintendent of a county or municipality or the Secretary of State, has not signed a voter's certificate, and has not confirmed the elector's continuation at the same address during the preceding three calendar years. (2) In the first six months of each odd-numbered year, the Secretary of State shall identify all electors whose names appear on the list of electors with whom there has been no contact during the preceding three calendar years and who were not identified as changing addresses under Code Section 21-2-233. The confirmation notice described in this Code section shall be sent to each such elector during each odd-numbered year. Such notices shall be sent by forwardable, first-class mail. (b) When mailings to electors whose names appear on the list of electors, including, but not limited to, acknowledgments under Code Section 21-2-226, are returned undeliverable by the United States Postal Service, the confirmation notice described in this Code section shall be sent to such electors. (c) The confirmation notice shall be a postage prepaid, preaddressed return card on which an elector may state such elector's current address and which also includes a notice which states substantially the following: (1) If the elector has not changed addresses or has changed addresses within the county or municipality in which the elector is currently registered, the elector must return the card with the updated information, if any, within 30 days after the date of the notice; and (2) If the card is not returned within 30 days after the date of the notice, the elector's name shall be transferred to the inactive list of electors provided for in Code Section 21-2-235. (d) If the elector returns the card and shows that he or she has changed residence to a place outside of the boundaries of the county or municipality in which the elector is currently registered, the elector's name shall be removed from the appropriate list of electors and information shall be sent to the elector explaining how the elector can continue to be eligible to vote.

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(e) If the elector returns the card and states that the elector has changed residences within the county or municipality in which the elector is currently registered, the elector shall remain on the list of electors, the registration records shall be corrected to reflect such new address, and a new voter identification card shall be issued pursuant to Code Section 21-2-226. (f) If such elector returns the card and confirms that such elector continues to reside at the current address at which such elector is registered, the fact of such confirmation shall be recorded and the elector shall remain on the list of electors. (g) If the elector fails to return the card within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (h) Nothing in this Code section shall prevent the removal from the list of electors of an elector for ineligibility to vote. (i) List maintenance activities pursuant to this Code section and Code Section 21-2-233 shall be completed not later than 90 days prior to a general primary or general election for federal offices or a presidential preference primary. This subsection shall not apply to notices sent pursuant to subsection (b) of this Code section. 21-2-235. (a) In addition to the official list of electors, the Secretary of State shall also maintain an inactive list of electors. Notwithstanding any other provision of law to the contrary, the names of electors on the inactive list of electors shall not be counted in computing the number of ballots required for an election, the number of voting machines or vote recorders needed for a precinct, the number of electors required to divide or constitute a precinct, or the number of signatures needed on any petition. However, any elector whose name appears on the inactive list shall be eligible to sign a petition and such petition signature, if valid, shall be sufficient to return the elector to the official list of electors if the elector still resides at the address listed on the elector's registration records and shall be grounds to proceed under Code Section 21-2-234 to confirm the change of address of the elector if the elector provides a different address from the address which appears on the elector's registration records. (b) An elector placed on the inactive list of electors shall remain on such list until the day after the second November general election held after the elector is placed on the inactive list of electors. If the elector makes no contact, as defined in Code Section 21-2-234, during that period, the elector shall be removed from the inactive list of electors. (c) An elector whose name is on the inactive list of electors may vote:

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(1) If the elector has not changed residences, at the polling place of such elector's last address upon affirming in writing that such elector still resides at the address shown on such elector's registration records; (2) If the elector has moved to an address within the county in the same precinct, such elector may vote at the polling place of such elector's last address upon affirming in writing that such elector resides in the county by completing a change of address card affirming the new address within the county; or (3) If the elector has moved to an address within the county or municipality in a different precinct, such elector may vote at the polling place of such elector's last address, for that election and any runoffs resulting from such election only, upon affirming in writing that such elector still resides in the county or municipality and completing a change of address card affirming the new address within the county or municipality. (d) If an elector whose name appears on the inactive list of electors appears at the polls and votes as provided under subsection (c) of this Code section, the board of registrars shall transfer the elector's name back to the official list of electors and shall make any necessary corrections in the elector's registration records. (e) In addition to the official list of electors provided to each polling place, there shall also be provided an inactive list of electors. 21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists. (b) The registration applications of persons whose applications were rejected and all related material and records shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. ARTICLE 7 21-2-260.

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(a) Each election district existing as of December 31, 1982, shall constitute a separate precinct until and unless changed as provided in this article. (b) The governing authority of each municipality shall determine and establish the number and boundaries of municipal voting precincts in accordance with the provisions of this article. Insofar as practicable, the precincts shall be the same as those for state and county elections. 21-2-261. (a) The superintendent of a county or the governing authority of a municipality may, as provided in Code Section 21-2-262, divide or redivide any precinct in that county or municipality into two or more precincts of compact and contiguous territory, or alter the bounds of any precinct in that county or municipality, or form a precinct out of two or more adjoining precincts or parts of precincts in that county or municipality, or consolidate adjoining precincts in that county or municipality, so as to suit the convenience of the electors and to promote the public interests. (b) No new precinct shall be formed that shall contain less than 100 electors. (c) The bounds of a precinct shall not be altered on a day in which a primary or election is held, or during the period of 60 days prior to any general primary or election, or during the period of 30 days prior to any special primary or election. The superintendent of a county or the governing authority of a municipality shall promptly notify the board of registrars of any change in the bounds of precincts. (d) Any precinct established or altered under the provisions of this article must conform with the requirements of subsection (a) of Code Section 21-2-261.1. 21-2-261.1. (a) All voting precincts established or altered under the provisions of this article shall consist of areas which are bounded on all sides only by: (1) Visible features which are readily distinguishable upon the ground (such as streets, railroad tracks, streams, lakes, and ridges) and which are indicated upon official Department of Transportation maps, current census maps, city or county planning maps, official municipal maps, official county maps, or any combination of such maps; (1.1) The boundaries of public parks; (1.2) The boundaries of public school grounds; (1.3) The boundaries of churches; or (2) The boundaries of counties and incorporated municipalities.

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(b) The superintendent of a county or the governing authority of a municipality shall notify the board of registrars within ten days after such changes are adopted. (c) The superintendent of a county or the governing authority of a municipality shall file with the Secretary of State and the Legislative and Congressional Reapportionment Office: (1) A map reflecting any changes in precincts within 20 days after the changes are made; (2) A copy of any communications to or from the United States Department of Justice relating to any precincts within 20 days after such communication is sent or received; (3) A copy of any pleading initiating a court action potentially affecting any precincts within 30 days after it is filed; (4) A copy of any court order affecting any precincts within 20 days after it is entered; and (5) Any other documentation necessary to allow the Secretary of State to maintain a current listing of all precincts in the state. 21-2-262. (a) The superintendent may upon his or her own motion direct the board of registrars to investigate the division or redivision of a precinct into two or more precincts, or the alteration of the bounds of any precinct, or the formation of one or more precincts out of two or more existing precincts or parts thereof or the consolidation of adjoining precincts. The board of registrars shall make a full investigation of the facts and shall promptly report to the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which conforms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft of the new election precinct or precincts proposed by it. (a.1) Upon the petition of 20 electors or of the county executive committee of a political party to the superintendent of the county, praying for the division or redivision of a precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, the superintendent shall refer such petition to the board of registrars, which shall make a full investigation of the facts and shall promptly report to

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the superintendent its findings and recommendations as to the division, redivision, alteration, formation, or consolidation of the precincts prayed for. If the board of registrars shall find that a division, redivision, alteration, formation, or consolidation of precincts will promote the convenience of the electors and the public interests, it shall recommend a proper division, redivision, alteration, formation, or consolidation of precincts which conforms to the requirements of subsection (a) of Code Section 21-2-261.1 and shall accompany its report with a map, plat, or draft of the new election precinct or precincts proposed by it. Such petitions may specify the boundaries desired by the petitioners and may be accompanied by a map setting forth such boundaries. (b) The board of registrars may also petition the superintendent for the division or redivision of any precinct into two or more precincts, or for the alteration of the bounds of any precinct, or for the formation of one or more precincts out of two or more existing precincts or parts thereof, or for the consolidation of adjoining precincts, accompanying its petition by a description of the proposed new precincts and by a map, plat, or draft thereof. (c) Upon the presentation of any such petition by the board of registrars or upon the filing by the board of its report and recommendations as to any investigation presented under subsection (a) of this Code section, the superintendent may make such order for the division, redivision, alteration, formation, or consolidation of precincts as will, in the superintendent's opinion, promote the convenience of electors and the public interests; provided, however, that the superintendent shall not make any final order for the division, redivision, alteration, formation, or consolidation of precincts until at least ten days after notice of such change shall have been advertised in the legal organ of the county. Such notice shall state briefly the division, redivision, alteration, formation, or consolidation of precincts recommended by the board of registrars and the date upon which the same will be considered by the superintendent and shall contain a warning that any person objecting thereto must file his or her objections with the superintendent prior to such date. Upon the making of any such final order by the superintendent, a copy thereof shall be certified by the superintendent to the board of registrars. (d) In any county having a population of more than 250,000 according to the United States decennial census of 1970 or any such future census, the powers and duties conferred upon the superintendent by this Code section and Code Sections 21-2-261 and 21-2-261.1 shall be exercised and performed by the governing authority of the county. 21-2-263. If at the previous general election a precinct contained more than 2,000 electors and if all those electors desiring to vote had not completed voting one hour following the closing of the polls, the superintendent

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shall reduce the size of said precinct so that it shall contain not more than 2,000 electors in accordance with the procedures prescribed by this chapter for the division, alteration, and consolidation of precincts no later than 60 days before the next general election. For administering this Code section, the chief manager of a precinct which contained more than 2,000 electors at the previous general election shall submit a report thereof, under oath, to the superintendent as to the time required for completion of voting by all persons in line at the time the polls were closed. Any such change in a precinct shall conform with the requirements of subsection (a) of Code Section 21-2-261.1. 21-2-264. In all cases of the division, redivision, alteration, formation, or consolidation of precincts, the costs of the proceedings shall be paid by the county or governing authority, as appropriate. There may be appropriated to the Secretary of State funds to be granted to counties or municipalities for purposes of meeting the requirements of Code Section 21-2-261.1. Upon the filing of a written request by the election officials of any qualified county or municipality, a qualified county or municipality shall be reimbursed for all reasonable expenses incurred by such county or municipality which are directly related to the redrawing of voting precinct boundaries, verification of voting precinct residency, notification of voter precinct and polling place changes, and compilation and preparation of the electors list as necessitated by Code Section 21-2-261.1; provided, however, that such reimbursement of costs shall not exceed 25 per registered voter whose name appeared on such county's or municipality's electors list as of January 1, 1982. Any qualified county or municipality seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incurred by a county or municipality, shall find that all or portions of such costs were reasonable and were directly related to the preparation of such descriptions and lists, he or she shall approve all of those parts of the costs deemed reasonable and shall reimburse the counties or municipalities for such expenses. Any state funds necessary to carry out the provisions of this subsection shall come only from those funds appropriated to the Secretary of State specifically for the purpose of implementing the provisions of Code Section 21-2-261.1. If such funds are not sufficient to bear completely the cost of fully implementing the provisions of Code Section 21-2-261.1, payment to the counties or municipalities seeking assistance shall be made on a pro rata basis subject to the availability of appropriated funds. 21-2-265. (a) The superintendent of a county or the governing authority of a municipality shall select and fix the polling place within each precinct and may, either on his or her or its own motion or on petition of ten

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electors of a precinct, change the polling place within any precinct. Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use at such primary or election, the superintendent of a county or the governing authority of a municipality shall not change any polling place until at least ten days after notice of the proposed change shall have been posted on the existing polling place and at three other places in the immediate vicinity thereof and until at least five days after written notice of the proposed change shall have been given to the occupant or owner of such polling place or his or her agent. (b) Except in case of an emergency or unavoidable event occurring within ten days of a primary or election, which emergency or event renders any polling place unavailable for use, if a petition is presented to the superintendent of a county or the governing authority of a municipality on or before the day set for hearing of the petition for change of a polling place, signed by 20 percent of the electors of the precinct objecting to the proposed change, such change shall not be ordered. (c) In primaries, the superintendent of a county or the governing authority of a municipality in selecting and fixing the polling place in each precinct shall select a polling place which will provide adequate space for all parties conducting their primaries therein. (d) The superintendent of a county or the governing authority of a municipality, in selecting and fixing a polling place in each precinct, shall select, if practicable, a polling place with suitable and appropriate access to disabled voters. If no such practicable locations exist within the precinct, the superintendent of a county or the governing authority of a municipality may effect temporary modifications to such existing locations as will, in his or her or its judgment, provide more convenient and appropriate access to the polling place by the disabled voter. No polling place shall be selected or used under any circumstances which does not have suitable and appropriate access to persons with disabilities for the purpose of voting; and any person, whether or not personally aggrieved, may bring an action for mandamus to require that all polling places in the county or municipality have suitable and appropriate access to persons with disabilities for the purpose of voting. (e) Notwithstanding any other provision of law to the contrary, for the 1996 general primary, in counties with a population of 400,000 or more persons according to the United States decennial census of 1990 or any future such census, the superintendent may establish the polling place for a precinct outside the boundaries of the precinct if, by so doing, such polling place would better serve the needs of the voters for that primary. 21-2-266. (a) In selecting polling places, the superintendent of a county or the governing authority of a municipality shall select, wherever practicable

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and consistent with subsection (d) of Code Section 21-2-265, schoolhouses, municipal buildings or rooms, or other public buildings for that purpose. In selecting polling places, the superintendent of a county or the governing authority of a municipality shall give consideration to the comfort and convenience those places to be selected will provide to both electors and poll officers. School, county, municipal, or other governmental authorities, upon request of the superintendent of a county or the governing authority or a municipality, shall make arrangements for the use of their property for polling places; provided, however, that such use shall not substantially interfere with the use of such property for the purposes for which it is primarily intended. (b) The superintendent of a county or the governing authority of a municipality shall have discretion to procure and provide portable or movable polling facilities of adequate size for any precinct. 21-2-267. (a) The governing authority shall provide and the superintendent shall cause all rooms used as polling places to be provided with suitable heat and light and, in precincts in which ballots are used, with a sufficient number of voting compartments or booths with proper supplies in which the electors may conveniently mark their ballots, with a curtain, screen, or door in the upper part of the front of each compartment or booth so that in the marking thereof they may be screened from the observation of others. A curtain, screen, or door shall not be required, however, for the self-contained units used as voting booths in which vote recorders are located if such booths have been designed so as to ensure the privacy of the elector. When practicable, every polling place shall consist of a single room, every part of which is within the unobstructed view of those present therein and shall be furnished with a guardrail or barrier closing the inner portion of such room, which guardrail or barrier shall be so constructed and placed that only such persons as are inside such rail or barrier can approach within six feet of the ballot box and voting compartments, or booths, or voting machines, as the case may be. The ballot box and voting compartments or booths shall be so arranged in the voting room within the enclosed space as to be in full view of those persons in the room outside the guardrail or barrier. The voting machine or machines shall be placed in the voting rooms within the enclosed space so that, unless its construction shall otherwise require, the ballot labels on the face of the machine can be plainly seen by the poll officers when the machine is not occupied by an elector. (b) The superintendent, unless otherwise provided by law, may make such arrangements as he or she deems proper for the storage of election equipment in the various precincts of the county at such times of the year that it will not be used for election purposes and may fix reasonable compensation therefor.

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21-2-268. The superintendent or governing authority shall fix the compensation for rent, heat, light, and janitorial services to be paid for the use of polling places for primaries and elections; provided, however, that no compensation for rent, heat, or light shall be paid in the case of schoolhouses, municipal buildings or rooms, or other public buildings used as polling places. 21-2-269. If, in any precinct, no proper polling place can be obtained, the superintendent shall cause to be constructed for such precinct a temporary room of adequate size to be used as a polling place. 21-2-270. (a) This Code section shall apply to a run-off primary held in a county where: (1) No run-off primary is to be held for nomination of any candidate who is nominated at a nonpartisan primary; (2) A run-off primary is to be held for nomination of one or more candidates who are nominated by one political party for election to the United States House of Representatives or to an office elected by the voters of the entire state; and no run-off primary is to be held for any candidate who is nominated by any other political party or any candidate who is nominated for election other than to the United States House of Representatives or to an office elected other than by the voters of the entire state; and (3) Fewer than 1 percent of the county's registered voters voted at the primary of the political party by which a candidate or candidates are to be nominated at the run-off primary. (b) In any case to which this Code section applies, only one polling place shall be required to be open in the county at the run-off primary; and such polling place shall be the polling place for the precinct wherein the county courthouse is located. Any voter who is otherwise eligible to vote in such run-off primary shall be entitled to vote in said run-off primary at said single polling place. If the superintendent determines that a single polling place is insufficient, all polling places within the county shall be open. (c) In any case in which only one polling place is to be utilized pursuant to this Code section, the superintendent shall cause an advertisement to be published once a week for two weeks immediately preceding the run-off primary. Such advertisement shall be in substantially the following form: `At the run-off primary to be held inCounty on (date) for the nomination of candidates of the Party, only one polling place shall be

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open and such polling place will be located at. Any voter who desires to vote in such run-off primary must vote at said polling place and no other polling places will be open for the run-off primary.' (d) The superintendent shall also cause a copy of such notice to be prominently posted at each polling place in the county on the date of the run-off primary and on each of the 14 days immediately preceding the date of the run-off primary. The superintendent shall also request the news media to provide news coverage of the fact that all persons desiring to vote at the run-off primary must vote at said single polling place. ARTICLE 8 21-2-280. All primaries and elections in this state shall be conducted by ballot, except when voting machines or vote recorders are used as provided by law. All ballots used in any primary or election shall be provided by the superintendent or governing authority in accordance with this article, and only official ballots furnished by the superintendent or governing authority shall be cast or counted in any primary or election in any precinct in which ballots are used. 21-2-281. In any primary or election in which the use of voting machines is impossible or impracticable, for the reasons set out in Code Section 21-2-334, the primary or election may be conducted by paper ballot in the manner provided in Code Section 21-2-334. 21-2-282. In any primary or election in which the use of vote recorders is impossible or impracticable, for the reasons set out in Code Section 21-2-364, the primary or election may be conducted by paper ballot in the manner provided in Code Section 21-2-364. 21-2-283. In any primary or election, the superintendent or governing authority shall cause all the ballots and ballot labels to be printed accurately and in the form prescribed by this chapter, and the superintendent or governing authority shall be responsible for the safekeeping of the same while in his or her or its possession or that of his or her or its agent. The superintendent or governing authority shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election, and the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom. 21-2-284. (a) In each primary separate official ballots shall be prepared for the political party holding the primary. At the top of each ballot shall be

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printed in prominent type the words `OFFICIAL PRIMARY BALLOT OFPARTY FOR,' followed by the designation of the precinct for which it is prepared and the name and date of the primary. (b) Immediately under this caption, the following directions shall be printed: `Place a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' (c) Immediately under the directions, the names of all candidates who have qualified with the party in accordance with this chapter and party rules and who have been certified to the superintendent or Secretary of State as having so qualified shall be printed on the ballots, except unopposed candidates in municipal primaries where the municipal charter or ordinance does not prohibit the omission of such candidates' names from the ballot. The names of the candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. The incumbency of a candidate seeking party nomination for the public office he or she then holds shall be indicated on the ballots. Under the title of each office shall be placed a direction as to the number of candidates to be voted for. (d) If at any general primary a political party shall submit to its members any matter or question to be voted upon, the party shall by the deadline for certifying candidates for the primary election certify the wording of said question to the superintendent, if to be voted on by one county only, or to the Secretary of State, if to be voted on by more than one county; and the superintendent or Secretary of State shall have such language printed on the ballot form. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark. If at any municipal primary a political party shall submit to its members any matter or question to be voted upon, the party shall also have printed on the ballots the necessary language to guide the elector in the expression of his or her choice as to such matter or question. (e) The ballots shall vary in form only as the names of precincts, offices, candidates, color of ballot cards, or this chapter may require. 21-2-284.1. (a) The names of all candidates seeking nomination in a nonpartisan primary conducted in conjunction with a partisan primary shall be printed on the ballot of each political party; and insofar as practicable such offices to be filled in a nonpartisan primary shall be separated from the names of political party candidates by being listed last on each political party ballot, with the top of that portion of the ballot relating to the nonpartisan primary to have printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X)

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or check ([UNK]) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the names of the nonpartisan candidates shall in all cases be arranged under the title of the office for which they are candidates and be printed thereunder in alphabetical order. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. The incumbency of a nonpartisan candidate seeking nomination for the public office he or she then holds shall be indicated on the ballots by printing the word `Incumbent' beside his or her name. Under the title of each office shall be placed a direction as to the number of nonpartisan candidates to be voted for. The votes cast for each nonpartisan candidate listed on all political party ballots shall be combined to determine the total number of votes received by each candidate in the nonpartisan primary. In the event that a candidate in such nonpartisan primary does not receive a majority of the total votes cast for such office, there shall be a nonpartisan primary runoff between the candidates receiving the two highest numbers of votes for such office; and the names of such candidates shall be placed on each political party ballot at the general primary runoff in the same nonpartisan portion as prescribed in this Code section. If no political party runoff is required, the form of the ballot for the nonpartisan primary runoff shall be prescribed by the Secretary of State or election superintendent in essentially the same format prescribed for nonpartisan primaries. The candidate receiving a majority of the total votes cast in the nonpartisan primary or the candidate receiving the highest number of votes cast in the nonpartisan primary runoff shall be the only candidate for such office to have his or her name placed on the nonpartisan election ballot, and such person may be referred to as the nominee for such office or as the candidate nominated for such office. (b) In the case of nonpartisan municipal primaries, the form of the official nonpartisan primary ballot shall conform insofar as practicable to the form of the official primary ballot as detailed in Code Section 21-2-284, except that: (1) The following shall be printed at the top of each ballot in prominent type: (2) There shall be no name or designation of any political organization nor any words, designation, or emblems descriptive of a candidate's political affiliation printed under or after any candidate's name which is printed on the ballot; and (3) The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot.

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21-2-285. (a) At the top of each ballot for an election shall be printed in prominent type the words `OFFICIAL BALLOT,' followed by the designation of the precinct for which it is prepared and the name and date of the election. (b) Immediately under this caption on a ballot presenting the names of candidates for election to office, the following directions shall be printed, insofar as the same may be appropriate for the election involved: (1) To vote for presidential electors, mark a cross (X) or check ([UNK]) mark in the square opposite the names of the candidates of the party or body for the offices of President and Vice President you choose to vote for. Place a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate you choose to vote for. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil. (2) Marks made in violation of these directions shall be disregarded in the counting of the votes cast. The names of persons inserted on the ballot by the elector shall be manually written only within the write-in column and the insertion of such names outside such column or by the use of a sticker, paster, stamp, or other printed or written matter is prohibited. (c) Immediately under the directions, the names of all candidates who have been nominated in accordance with the requirements of this chapter shall be printed on the ballot and the names of the candidates shall in all cases be arranged under the titles of the respective offices they are seeking. In a primary or special election, said names shall be arranged alphabetically by last name under the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. In a general election, the names of candidates who are nominees of a political party shall be placed under the name of their party. The columns of political parties shall be printed on the ballot, beginning on the left side thereof, and shall be arranged from left to right in the descending order of the totals of votes cast for candidates of the political parties for Governor at the last gubernatorial election. The columns of parties having no candidate for Governor on the ballot at the last gubernatorial election shall be arranged alphabetically according to the party name to the right of the columns of the parties so represented. The columns of political bodies shall be arranged alphabetically according to the body name to the right of the party columns. The names of all independent candidates shall be printed on the ballot in a column or columns under the heading

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`Independent,' which shall be placed to the right of the political body columns. In the case of two or more independent candidates seeking the same office, their names shall be arranged under the title of the office in alphabetical order. The names of candidates seeking the same office shall be printed horizontally opposite one another in their respective columns, and such columns shall be of sufficient length to permit such an arrangement. To the right of the independent column or columns shall be printed a blank column sufficient for the insertion of write-in votes. At the left of the name heading every column on the ballot and at the left of the name of every candidate thereon shall be a square of sufficient size for the convenient insertion of a cross (X) or check ([UNK]) mark. (d) Unless a candidate has filed with his or her nominating petition a certificate from a political party or body attesting that such candidate is the nominee of such party by virtue of having been nominated in a duly constituted party convention, the candidate's name shall appear on the ballot under the independent column. (e) When presidential electors are to be elected, the names of the nominees of each political party or body for such offices shall be arranged alphabetically under the names of the candidates of the party or body for President and Vice President of the United States. (f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark unless otherwise directed by the General Assembly. (g) When proposed questions are submitted to a vote of municipal electors, each question so submitted may be printed upon the ballot to the right of or below the groups of candidates for the various offices. To the left of each question there shall be placed the words `Yes' and `No' together with appropriate squares to the left of each for the convenient insertion of a cross (X) or check ([UNK]) mark unless otherwise directed by the General Assembly.

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(h) The ballots shall vary in form only as the names of precincts, offices, candidates, or this chapter may require. (i) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a general or special municipal election, no election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate within a precinct. (j) When, pursuant to subsection (i) of this Code section, no election is to be conducted, the municipality shall provide notice reasonably calculated to inform the affected electorate that no election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-502. 21-2-285.1. The names of all candidates nominated in the nonpartisan primary shall be printed on each official election ballot; and insofar as practicable such offices to be filled in the nonpartisan election shall be separated from the names of candidates for other offices by being listed last on each ballot, with the top of that portion of each official election ballot relating to the nonpartisan election to have printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' Immediately under this caption the following directions shall be printed: `Place a cross (X) or check ([UNK]) mark in the square opposite the name of each nonpartisan candidate for whom you choose to vote. To vote for a person whose name is not on the ballot, manually write his or her name, accompanied by the title of the office involved, in the write-in column. If you spoil your ballot, do not erase, but ask for a new ballot. Use only pen or pencil.' Immediately under the directions, the name of each nonpartisan candidate shall be arranged under the title of the office for which such candidate was nominated in the official nonpartisan primary. No party designation or affiliation shall appear beside the name of any candidate for nonpartisan office. An appropriate space shall also be placed on the ballot for the casting of write-in votes for such offices. In the event that no candidate in such nonpartisan election receives a plurality of the total votes cast for such office, there shall be a nonpartisan election runoff between the candidates receiving the two highest numbers of votes; and the names of such candidates shall be placed on the official ballot at the general election runoff in the same manner as prescribed in this Code section for the nonpartisan election. In the event that only nonpartisan candidates are to be placed on a run-off ballot, the form of the ballot shall be as prescribed by the Secretary of State or election superintendent in essentially the same format as prescribed for the nonpartisan election. The candidate having a plurality of the votes cast in the nonpartisan election or the candidate

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receiving the highest number of votes cast in the nonpartisan election runoff shall be declared duly elected to such office. 21-2-286. (a) In any primary or election, the superintendent shall cause the ballots to be printed in the form prescribed by this chapter. (b) Ballots shall be at least six inches long and four inches wide and shall have a margin extending beyond any printing thereon. They shall be printed with the same kind of type, which shall not be smaller than the size known as `brevier' or `eight-point body,' upon white paper of uniform quality, without any impression or mark to distinguish one from another, and with sufficient thickness to prevent the printed matter from showing through, except that ballots being used in primaries held by more than one party may be of different colors if the parties so agree. Each ballot shall be attached to a name stub, and all the ballots for the same precinct shall be bound together in books of 25, 50, or 100, in such manner that each ballot may be detached from its stub and removed separately. The ballots for each party to be used at a primary shall be bound separately. The name stubs of the ballots shall be consecutively numbered; and, in the case of primary ballots, the number shall be preceded by an initial or abbreviation designating the party name. The number and initial or abbreviation which appears upon the stub shall also be printed in the upper portion of the front of the ballot, separated from the remainder of the ballot by a horizontal perforated line so as to constitute a number strip and so prepared that the upper portion of the front of the ballot containing the number may be detached from the ballot before it is deposited in the ballot box. The number strip on the ballot shall also have the following words printed thereon: `Tear off before depositing ballot in ballot box.' 21-2-287. The form for the absentee ballot shall be in substantially the same form as the official ballots used in the precincts, except it shall be printed with only the name stub and without a number strip. 21-2-288. If two or more candidates for the same nomination or office shall have the same or similar names, the Secretary of State, in the case of federal or state offices, the superintendent of elections, in the case of county offices, or the official with whom such candidates qualify, in the case of municipal elections, shall print or cause to be printed the residence of all candidates for such nomination or office on the ballot under their names. The designated official shall determine whether the names of the candidates are of such a similar nature as to warrant printing the residence of all candidates for that office on the ballot; and the decision of the designated official shall be conclusive.

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21-2-289. As soon as any substitute candidate has been duly nominated by his or her political party or body pursuant to Code Section 21-2-134, at any time prior to the day on which the printing of ballots is started, his or her name shall be substituted in place of that of the candidate who has died, withdrawn, or been disqualified. 21-2-290. The superintendent shall provide, for each precinct in which a primary or election is to be held, a sufficient number of ballots equal to the number of registered electors. 21-2-291. Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493. 21-2-292. The superintendent shall have on file in his or her office open to public inspection, at least five days prior to the day of holding each primary and election, forms of the ballots, with the names and such statements and notations printed thereon as may be required by this chapter. Such forms shall be used in each precinct within the county or municipality. 21-2-293. When it is shown by affidavit that a mistake or omission has occurred in the printing of official ballots for any primary or election, the superior court of the proper county may, upon the application of any elector of the county or municipality, require the superintendent to correct the mistake or omission or to show cause why he or she should not do so. 21-2-294. The superintendent shall keep a record of the number of official ballots printed and furnished to each precinct at each primary and election and of the number of stubs, unused ballots, and canceled ballots subsequently returned therefrom.

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ARTICLE 9 Part 1 21-2-310. As used in this article, the term: (1) `Candidate counters' or `question counters' means the counters which numerically register the votes cast for candidates and on questions, respectively. (2) `Diagram' means an illustration of the official ballot showing the names of the parties, bodies, offices, and candidates and statements of the questions, in their proper places, together with the voting devices therefor. (3) `Protective counter' means a counter or protective device or devices that will register each time the machine is operated and shall be constructed and so connected that it cannot be reset, altered, or operated except by operating the machine. (4) `Public counter' means a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on during an election. (5) `Registering counter' shall not include a protective counter. (6) `Vote indicator' means those devices with which votes are indicated for candidates or for or against questions. Part 2 21-2-320. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of voting machines for recording and computing the vote at all elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure voting machines conforming to the requirements of this part. 21-2-321. (a) The governing authority of any county or municipality which conducts elections by paper ballot may, upon its own motion, submit to the electors of the county or municipality, at any election, the question: `Shall voting machines be used in? ' (b) The governing authority of any county or municipality which conducts elections by paper ballot, upon the filing of a petition with it signed by electors of the county equal in number to at least 1 percent of the total number of electors who voted in such county at the preceding

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general election or upon the receipt of a petition signed by at least 10 percent of the electors who voted in such municipality at the preceding general election, shall, at the next election occurring at least 45 days thereafter, submit to the electors of such county or municipality the question: `Shall voting machines be used in? ' (c) The governing authority shall cause such question to be printed upon the ballots to be used at the election in the form and manner provided by the laws governing general elections. (d) The election on such question shall be held at the places, during the hours, and under the regulations provided by law for holding general elections and shall be conducted by the poll officers provided by law to conduct such elections. The poll officers shall count the votes cast at the election on such question and shall make return thereof to the superintendent of such county or municipality as required by law. The returns shall be computed by the superintendent and, when so computed, a certificate of the total number of electors voting `Yes' and of the total number of electors voting `No' on such question shall be filed in the office of the governing authority and in the office of the Secretary of State. (e) Whenever, under this Code section, the question of the adoption of voting machines is about to be submitted to the electors of any county or municipality, it shall be the duty of the governing authority of such county or municipality to ascertain whether current funds will be available to pay for such machines, if adopted and purchased, or whether it has power to increase the indebtedness of the county or municipality in an amount sufficient to pay for the machines without the consent of the electors; and, if such current funds will not be available and the power to increase the indebtedness of the county or municipality in a sufficient amount without the consent of the electors is lacking, it shall be the duty of the governing authority to submit to the electors of the county or municipality, in the manner provided by law, at the same election at which the adoption of voting machines is to be voted on, the question of whether the indebtedness of such county or municipality shall be increased, in an amount specified by them, sufficient to pay for such voting machines, if adopted. (f) If a majority of the electors voting on such question or questions shall vote in the affirmative, the governing authority of such county or municipality shall purchase, lease, or rent voting machines, conforming to the requirements of this part, for recording and computing the vote at all elections held in such county or municipality. 21-2-322. No voting machine shall be adopted or used unless it shall, at the time, satisfy the following requirements:

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(1) It shall provide facilities for voting for such candidates as may be nominated and upon such questions as may be submitted; (2) It shall permit each elector, in one operation, to vote for all the candidates of one party or body for presidential electros; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) It shall preclude each elector from voting for any candidate or upon any question for whom or upon which he or she is not entitled to vote; from voting for more persons for any office than he or she is entitled to vote for; and from voting for any candidate for the same office or upon any question more than once; (6) It shall be capable of adjustment by poll officers so as to permit each elector at a primary to vote only for the candidates seeking nomination by the party in whose primary he or she is then voting and so as to preclude him or her from voting for the candidates seeking nomination by any party in whose primary he or she is not then voting; (7) It shall fairly permit each elector to deposit, write in, or affix upon receptacles or devices provided for the purpose ballots containing the names of persons for whom he or she desires to vote whose names do not appear upon the machine; provided, however, that, if the machine does not fairly permit such a vote to be cast, an elector desiring to vote for any person whose name does not appear on the machine shall be permitted to vote in the election by the use of a paper ballot which shall be furnished by the superintendent; (8) It shall permit each elector to change his or her vote for any candidate or upon any question appearing upon the ballot labels up to the time he or she begins to register his or her vote or indicates or expresses his or her intentions to register his or her vote; (9) It shall permit and require voting in absolute secrecy and shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (10) It shall have voting devices for separate candidates and questions, which shall be arranged in separate parallel rows or columns, so

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that, at any primary, one or more adjacent rows or columns may be assigned to the candidates of a party or body and shall have parallel office columns or rows transverse thereto; (11) It shall have a public counter or other device, the register of which is visible from the outside of the machine, which shall show during any period of voting the total number of electors who have operated the machine during such period of voting; (12) It shall have a protective counter or other device, the register of which cannot be reset, which shall record the cumulative total number of movements of the operating mechanism; (13) It shall be provided with a lock or locks, by the use of which, immediately after the polls are closed or the operation of the machine for a primary or election is completed, all movements of the registering mechanism are absolutely prevented; (14) It shall be provided with a screen, hood, or curtain which shall conceal the actions of the elector while voting; (15) It shall be constructed of material of good quality in a neat and workmanlike manner; (16) It shall, when properly operated, register or record correctly and accurately every vote cast; (17) It shall be so constructed that an elector may readily learn the method of operating it; (18) It shall be safely transportable; (19) It shall be so constructed and controlled that during the progress of voting it shall preclude every person from seeing or knowing the number of votes registered for any candidate and from tampering with any of the registering mechanism; and (20) If it is of a type equipped with a mechanism for printing paper proof sheets and not requiring the counters to be made visible in order to canvass the votes recorded on the machine, the door or other device concealing such counters or keeping the same concealed may be equipped with a lock or locks, requiring the simultaneous use of three separate and substantially different keys to open or operate the same. 21-2-323. (a) When the use of voting machines has been authorized in the manner prescribed by Code Section 21-2-320 or 21-2-321, such voting machines shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of voting machines in

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any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which voting machines are used, the governing authority shall provide at least one voting machine for each 500 electors, or major fraction thereof, except that at least one voting machine shall be provided in each such precinct in any case. (c) Voting machines of different kinds may be used for different precincts in the same county or municipality. (d) The governing authority shall provide voting machines in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices, which, under existing laws and party rules, are likely to be voted for at any future primary or election. 21-2-324. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any voting machine may request the Secretary of State to examine the machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any voting machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination; provided, however, that in the case of a request by ten or more electors the examination fee shall be $250.00. The Secretary of State may, at any time, in his or her discretion, reexamine any voting machine. (b) The Secretary of State shall thereupon require such machine to be examined or reexamined by three examiners whom he or she shall appoint for the purpose, of whom one shall be an expert in patent law and the other two shall be experts in mechanics, and shall require of them a written report on such machine, attested by their signatures; and the Secretary of State shall examine the machine and shall make and file, together with the reports of the appointed examiners, his or her own report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion and in consideration of the reports of the examiners aforesaid, the kind of machine so examined can be safely used by electors at primaries and elections as provided in this chapter. If his or her report states that the machine can be so used, the machine shall be deemed approved; and machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of voting machine not so approved shall be used at any primary or election and if, upon the reexamination of any voting machine previously approved, it shall appear that the machine so

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reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter because of a substantial defect in design, the approval of the same shall immediately be revoked by the Secretary of State; and no such voting machine shall thereafter be purchased for use or be used in this state. (d) When a machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the machine or of its kind. (e) Neither the Secretary of State, nor any examiner appointed by him or her for the purpose prescribed by this Code section, nor any superintendent, nor the governing authority of any county or municipality or a member of such authority, nor any other person involved in the examination process shall have any pecuniary interest in any voting machine or in the manufacture or sale thereof. (f) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State. 21-2-325. (a) The ballot labels shall be printed in black ink upon clear, white, or pastel colored material, of such size as will fit the ballot frame, and in plain, clear type so as to be easily readable by persons with normal vision. (b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions. (c) The ballot label for each candidate or group of candidates nominated by a party or body shall contain the name or designation of the party or body. (d) The titles of offices may be arranged horizontally or vertically, with the names of candidates for an office arranged transversely under or

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opposite the title of the office. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot labels. (e) The names of all candidates nominated by a party or body shall appear in adjacent rows or columns containing generally the names of candidates nominated by such party or body, provided that the names of individual candidates for presidential elector shall not appear upon the ballot labels, but, in lieu thereof, the names of the candidates of such party or body for President and Vice President shall be printed together with the name of such party or body. (f) The form and arrangement of ballot labels shall be prepared by the superintendent. (g) The names of all candidates of a party or body shall appear in the same row or column, and no other names shall appear in the same row or column. The names of candidates and independent candidates shall be arranged under or opposite the title of the office for which they are candidates and shall appear in the order prescribed by subsection (c) and the second sentence of subsection (e) of Code Section 21-2-285. The rows or columns occupied by the names of the candidates of political parties and bodies shall be arranged according to the priority prescribed by subsection (c) of Code Section 21-2-285. When voting machines are used on which the title of offices are arranged horizontally, the names of all candidates for the same office shall appear within the same vertical lines. The names of all candidates in the nonpartisan election shall appear on a separate portion of the voting machine in the form and arrangement prescribed in Code Section 21-2-285.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN ELECTION BALLOT.' (h) In primaries, the ballot labels containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties, the priority of such political parties on the ballot labels to be determined in the order prescribed by subsection (c) of Code Section 21-2-285. If a nonpartisan primary is being held in conjunction with a partisan primary, each partisan ballot label shall be clearly marked to indicate that the elector may vote in the nonpartisan primary also. In nonpartisan primaries, the ballot labels shall include a separate portion for the names of candidates seeking nomination in a nonpartisan primary and the heading and arrangement of such candidates shall be as prescribed by Code Section 21-2-284.1 insofar as practicable. At the top of the separate portion shall be printed in prominent type the words `OFFICIAL NONPARTISAN PRIMARY BALLOT.' (i) In primaries, if it shall be impracticable to place on the ballot labels of one machine the names of all candidates seeking nomination in all

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political parties and the names of all candidates seeking nomination in a nonpartisan primary, the superintendent may arrange for the names of all the candidates seeking nomination in any one political party to be placed on separate voting machines; provided, however, that the names of all candidates seeking nomination in a nonpartisan primary shall appear on all machines. (j) Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special or general election, no special or general election shall be held in such precinct unless a write-in candidate has qualified as provided by law or unless there are issues to be submitted to the electorate. Each such unopposed candidate shall be deemed to have voted for himself or herself. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special or general election is to be conducted. The superintendent shall certify such unopposed candidate as elected in the same manner as he or she certifies other candidates as elected pursuant to Code Section 21-2-493. 21-2-326. (a) If ballot labels for a precinct at which a voting machine is to be used are not delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any voting machine shall become out of order during a primary or election and repair or substitution cannot be made, paper ballots, either printed or written, and of any suitable form, may be used for the taking of votes. 21-2-327. (a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each voting machine which is to be used in any precinct within such county or municipality, cause each machine to be placed in proper order for voting, examine each machine before it is sent out to a polling place, see that each registering counter on each machine is set at zero, lock each machine so that the counting machinery cannot be operated, and seal each machine with a numbered seal. The superintendent or his or her agent shall adjust each machine to be used at a primary, so that the poll officers may lock it on primary day, in such a way that each elector can vote only for the candidates seeking nomination by the political party in whose primary he or she is then voting and so that no elector can vote for the candidates seeking

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nomination by any political party in whose primary he or she is not then voting. (b) The superintendent shall appoint one custodian of voting machines and such deputy custodians as may be necessary, whose duty it shall be to prepare the machines to be used in the county at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the voting machines as required by this chapter, and he or she and the deputy custodians, whose duty it shall be to assist him or her in the discharge of his or her duties, shall serve at the pleasure of the superintendent. Each custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. (c) On or before the twelfth day preceding a primary or election, the superintendent shall mail to the foreperson of the grand jury, the chairperson of the county executive committee of each political party which shall be entitled under existing laws to participate in primaries within the county, and to the chairperson or presiding officer of any organization of citizens within the county having as its purpose or among its purposes the investigation or prosecution of primary and election frauds, which has registered its name and address and the names of its principal officers with the superintendent at least 30 days before such primary or election, and, in the case of an election, to the appropriate committee of each political body which shall be entitled to have the names of its candidates entered on the voting machines, and to each independent candidate who shall be entitled to have his or her name printed on the voting machines, a written notice stating the times when and the place or places where preparation of the machines for use in the several precincts in the county will be started. The grand jury shall appoint a committee, consisting of three of its members, which shall inspect the machines and see that the machines are properly prepared and are placed in proper condition and order for use. In the event the committee of the grand jury fails to be present, the superintendent shall immediately appoint a panel consisting of three electors to perform the duties of the committee of the grand jury set forth in this Code section. Further, one representative of each political party or body, certified by the chairperson of such political party or body, and one representative of each aforementioned organization of citizens, certified by the chairperson or presiding officer of such organization, and any such independent candidate or his or her certified agent shall be entitled to be present during the preparation of the machines and to see that the machines are properly prepared and are placed in proper condition and order for use. Such committee of the grand jury, representatives, or candidates shall not, however, interfere with the preparation of the machines; and the

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superintendent may make such reasonable rules and regulations concerning the conduct of such representatives and candidates. (d) The custodian and deputy custodians of voting machines and the members of the committee of the grand jury, if any, shall make an affidavit, which each shall sign, and request each representative of a party, body, or a citizens' organization, or candidate or his or her agent present at the preparation of the machine to attest, and which shall be filed with the superintendent, or in the case of a municipal election or primary, the city clerk, stating: (1) the identifying number or other designation of the voting machine; (2) That each registering counter on the machine was set at zero; (3) The number registered on the protective counter or other device of the machine; and (4) The number on the seal with which the machine is sealed. (e) No superintendent nor custodian nor other employee of the superintendent shall, in any way, prevent free access to and examination of all voting machines which are to be used at the primary or election by any of the duly appointed representatives or candidates aforesaid; and the superintendent and his or her employees shall afford to each such representative or candidate every facility for the examination of all registering counters, protective counters, and public counters of each and every voting machine. (f) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, all ballot labels, forms of certificates, and other papers and supplies which are required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed from time to time by the Secretary of State. In the case of a municipal primary, ballot labels and other materials necessary for the preparation of the voting machines shall be furnished free of charge to the municipal superintendent by the political party conducting such primary. 21-2-328. (a) The superintendent shall deliver the proper voting machine or voting machines, properly furnished with ballot labels, to the polling places of the respective precincts at least one hour before the time set for opening the polls at each primary or election and shall cause each machine to be set up in the proper manner for use in voting. Each machine shall then remain sealed until the examination immediately preceding the opening of the polls prescribed by this chapter. (b) The superintendent shall provide ample protection against molestation of and injury to the voting machine and, for that purpose, shall

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call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each voting machine at least one hour before the opening of the polls: (1) A lamp which shall give sufficient light to enable electors, while in the voting machine booth, to read the ballot labels, and which shall be suitable for the use of poll officers in examining the counters; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two diagrams, of suitable size, representing such part of the face of such voting machine as will be in use in the primary or election and accompanied by directions for voting on the machine; and such diagrams shall be posted prominently outside the enclosed space within the polling place; and (3) A seal for sealing the machine after the polls are closed; an envelope for the return of the keys, if the construction of the voting machine shall permit their separate return; and such other election materials and supplies as may be necessary or as may be required by law. 21-2-329. The superintendent shall deliver the keys which unlock the operating mechanism and the registering counters or counter compartment of the voting machine to the chief manager not later than one hour before the time set for the opening of the polls and shall take his or her receipt therefor. The keys shall be enclosed in a sealed envelope on which shall be written or printed: (1) The number of the voting machine; (2) The designation of the precinct; (3) The number of the seal; and (4) The number registered on the protective counter or device as reported by the custodian; provided, however, that, if the type of voting machine used requires the simultaneous use of three keys to unlock the registering counters or counter compartment, only two of the said keys shall be enclosed in such sealed envelope, the third key being retained by the custodian or the superintendent. 21-2-330. (a) During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, other

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than in the case of municipal primaries and elections, and during the five days preceding a municipal general primary or election or during the three days preceding a municipal special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more voting machines containing the ballot labels and showing the offices and questions to be voted upon, the names and arrangements of parties and bodies, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine which is to be assigned for use in a primary or election shall be used for such public exhibition and instruction after having been prepared and sealed for the primary or election. (b) During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view and the doors or cover concealing the same shall be opened, if at all, only temporarily and only upon written authorization from the superintendent. (c) Prior to any primary or election, the superintendent may cause copies of any diagram or diagrams required to be furnished with voting machines at polling places to be made, either in full size or in reduced size, and to be posted, published, advertised, or distributed among the electors in such manner as he or she may deem desirable. 21-2-331. (a) The superintendent, or in the case of municipal primaries or elections, the governing authority, shall designate a person or persons who shall have the custody of the voting machines of the county or municipality and the keys therefor when the machines are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the machines and keys. (b) All voting machines, when not in use, shall be properly covered and stored in a suitable place or places. 21-2-332. In precincts in which voting machines are used, the superintendent may, in his or her discretion, procure and provide portable polling facilities of adequate size for any or all of such precincts. 21-2-333. The governing authority of any county or municipality which adopts voting machines in a manner provided for by this article shall, upon the purchase of voting machines, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of

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indebtedness of counties or municipalities to meet all or any part of the cost of the voting machines. 21-2-334. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of voting machines is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of voting machines for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of voting machines wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used. Part 3 21-2-350. No vote recorder shall be adopted or used unless it shall, at the time, satisfy the following requirements: (1) It shall provide facilities for voting for such candidates as may be nominated and upon such question as may be submitted; (2) It shall permit each elector, in one operation per ballot card, to vote for all the candidates of one party or body for presidential electors; (3) Except as provided in paragraph (2) of this Code section for presidential electors, it shall permit each elector, at other than primaries, to vote a ticket selected from the nominees of any and all parties or bodies, from independent nominations, and from persons not in nomination; (4) It shall permit each elector to vote, at any election, for any person and for any office for whom and for which he or she is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot label as a candidate for election; to vote for as many persons for an office as he or she is entitled to vote for; and to vote for or against any question upon which he or she is entitled to vote; (5) When used in conjunction with a tabulating machine, it shall preclude the counting of votes for any candidate or upon any question for whom or upon which an elector is not entitled to vote; shall preclude the counting of votes for more persons for any office than he

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or she is entitled to vote for; and shall preclude the counting of votes for any candidate for the same office or upon any question more than once; (6) It shall permit voting in absolute secrecy so that no person can see or know for whom any other elector has voted or is voting, save an elector whom he or she has assisted or is assisting in voting, as prescribed by law; (7) It shall be constructed of material of good quality in a neat and workmanlike manner; (8) It shall, when properly operated, record correctly and accurately every vote cast; (9) It shall be so constructed that an elector may readily learn the method of operating it; and (10) It shall be safely transportable. 21-2-351. The governing authority of any county or municipality may at any regular meeting or at a special meeting called for the purpose, by a majority vote, authorize and direct the use of vote recorders and tabulating machines for recording and computing the vote at elections held in the county or municipality; and thereupon the governing authority shall purchase, lease, rent, or otherwise procure vote recorders and tabulating machines conforming to the requirements of this part. 21-2-352. (a) When the use of vote recorders and tabulating machines has been authorized in the manner prescribed in this part, such vote recorders and tabulating machines shall be installed, either simultaneously or gradually, within the county or municipality. Upon the installation of vote recorders and tabulating machines in any precinct, the use of paper ballots therein shall be discontinued, except as otherwise provided by this chapter. (b) In each precinct in which vote recorders and tabulating machines are used, the governing authority shall provide at least one vote recorder for each 200 electors therein, or fraction thereof. (c) Vote recorders of different kinds may be used for different precincts in the same county or municipality. (d) The governing authority shall provide vote recorders in good working order and of sufficient capacity to accommodate the names of a reasonable number of candidates for all party offices and nominations and public offices which, under the provisions of existing laws and party rules, are likely to be voted for at any future primary or election.

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21-2-353. (a) Any person or organization owning, manufacturing, or selling, or being interested in the manufacture or sale of, any vote recorder or tabulating machine may request the Secretary of State to examine the vote recorder or tabulating machine. Any ten or more electors of this state may, at any time, request the Secretary of State to reexamine any vote recorder or tabulating machine previously examined and approved by him or her. Before any such examination or reexamination, the person, persons, or organization requesting such examination or reexamination shall pay to the Secretary of State the reasonable expenses of such examination. The Secretary of State may, at any time, in his or her discretion, reexamine any vote recorder or tabulating machine. (b) The Secretary of State shall thereupon examine or reexamine such vote recorder or tabulating machine and shall make and file in his or her office a report, attested by his or her signature and the seal of his or her office, stating whether, in his or her opinion, the kind of vote recorder or tabulating machine so examined can be safely used by electors at primaries and elections as provided in this chapter. If this report states that the vote recorder or tabulating machine can be so used, the recorder or tabulating machine shall be deemed approved; and vote recorders and tabulating machines of its kind may be adopted for use at primaries and elections as provided in this chapter. (c) No kind of vote recorder or tabulating machine not so approved shall be used at any primary or election and if, upon the reexamination of any vote recorder or tabulating machine previously approved, it shall appear that the vote recorder or tabulating machine so reexamined can no longer be safely used by electors at primaries or elections as provided in this chapter, the approval of the same shall immediately be revoked by the Secretary of State; and no such vote recorder or tabulating machine shall thereafter be purchased for use or be used in this state. (d) When a vote recorder or tabulating machine has been so approved, no improvement or change that does not impair its accuracy, efficiency, or capacity shall render necessary a reexamination or reapproval of the vote recorder or tabulating machine, or of its kind. (e) Neither the Secretary of State, nor any custodian, nor the governing authority of any county or municipality or a member of such authority nor any other person involved in the examination process shall have any pecuniary interest in any vote recorder or tabulating machine or in the manufacture or sale thereof. (f) The compensation of each examiner appointed under this Code section shall be fixed and paid by the Secretary of State. 21-2-354.

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(a) The ballot labels shall be printed in black ink upon clear, white, or colored material, of such size and arrangement as will suit the construction of the vote recorder, and in plain, clear type so as to be easily readable by persons with normal vision; provided, however, that red material shall not be used. (b) The arrangement of offices, names of candidates, and questions upon the ballot labels shall conform as nearly as practicable to this chapter for the arrangement of same on paper ballots; provided, however, that such form may be varied in order to present a clear presentation of candidates and questions to the electors. In the event that there are more candidates for any office than can be placed upon one page, the label shall be clearly marked to indicate that the names of candidates for the office are continued on the following page. (c) The form and arrangement of ballot labels shall be prescribed by the Secretary of State and prepared by the superintendent. (d) The form and arrangements of ballot labels in municipal primaries and elections shall be prepared by the superintendent. 21-2-355. In primaries, separate vote recorders shall be used for each political party. 21-2-356. (a) If ballot labels for a precinct at which a vote recorder is to be used shall not be delivered to the poll officers as required by this chapter, the chief manager of such precinct shall cause other labels to be prepared, printed, or written, as nearly in the form of official ballot labels as practicable; and the poll officers shall cause the labels, so substituted, to be used at the primary or election, in the same manner, as nearly as may be, as the official labels. Such labels, so substituted, shall be known as unofficial ballot labels. (b) If any vote recorder being used in any primary or election shall become out of order during such primary or election, it shall, if possible, be repaired or another vote recorder substituted by the custodian or superintendent as promptly as possible, for which purpose the governing authority of the county or municipality may purchase as many extra vote recorders as it may deem necessary; but, in case such repair or substitution cannot be made, paper ballots, printed or written, and of any suitable form, may be used for the taking of votes. 21-2-357. Ballot cards shall be of suitable design, size, and stock to permit processing by a tabulating machine and shall be printed in black ink on clear, white, or colored material. A serially numbered strip shall be

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attached to each ballot card in a manner and form similar to that prescribed in this chapter for paper ballots. 21-2-358. In elections, electors shall be permitted to cast write-in votes, but no write-in votes may be cast in a run-off primary or run-off election. The design of the ballot card shall permit the managers, in counting the write-in votes, to determine readily whether an elector has cast any write-in vote not authorized by law. The Secretary of State, in specifying the form of the ballot, and the State Election Board, in promulgating rules and regulations respecting the conduct of elections, shall provide for ballot secrecy in connection with write-in votes. 21-2-359. (a) The superintendent of each county or municipality shall cause the proper ballot labels to be placed on each vote recorder which is to be used in any precinct within such county or municipality and shall cause each vote recorder to be placed in proper order for voting. (b) The superintendent of each county or the governing authority of each municipality shall appoint one custodian of vote recorders and such deputy custodians as may be necessary, whose duty it shall be to prepare the vote recorders to be used in the county or municipality at the primaries and elections to be held therein. Each custodian and deputy custodian shall receive from the county or municipality such compensation as shall be fixed by the governing authority of the county or municipality. Such custodian shall, under the direction of the superintendent, have charge of and represent the superintendent during the preparation of the vote recorders as required by this chapter, and the custodian and the deputy custodians, whose duty it shall be to assist the custodian in the discharge of his or her duties, shall serve at the pleasure of the superintendent of the county or the governing authority of the municipality. Each county custodian shall take an oath of office framed by the Secretary of State, which shall be filed with the superintendent. Each municipal custodian shall take an oath of office framed by the governing authority, which oath shall be filed with the superintendent. (c) On or before the third day preceding a primary or election, the superintendent shall have the tabulating machines tested to ascertain that they will correctly count the votes cast for all offices and on all questions. Public notice of the time and place of the test shall be made at least five days prior thereto. Representatives of political parties and bodies, candidates, news media, and the public shall be permitted to observe such tests. The test shall be conducted by processing a preaudited group of ballot cards so punched or marked as to record a predetermined number of valid votes for each candidate and on each question and shall include for each office one or more ballot cards which

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have votes in excess of the number allowed by law in order to test the ability of the tabulating machine to reject such votes. The tabulating machine shall not be approved unless it produces an errorless count. If any error is detected, the cause therefor shall be ascertained and corrected; and an errorless count shall be made before the machine is approved. The same test shall be repeated immediately before the start of the official count of the ballot cards and at the conclusion of such count. The superintendent or custodian shall also prepare the vote recorders for voting at the various polling places to be used in the primary or election. In preparing the vote recorders, he or she shall arrange the recorders and the ballot labels so that they meet all requirements of voting and counting at such primary or election, thoroughly inspect and test the vote recorders, and file a certificate in the office of the superintendent of the county or the city clerk of the municipality that the recorders are in proper order with correct ballot labels. (d) No superintendent, nor custodian, nor other employee of the superintendent shall in any way prevent free access to and examination of all voting machines which are to be used at the primary or election, by any interested persons. (e) In every primary or election, the superintendent shall furnish, at the expense of the county or municipality, unless otherwise provided by this chapter, all ballot labels, forms of certificates, and other papers and supplies required under this chapter and which are not furnished by the Secretary of State, all of which shall be in the form and according to the specifications prescribed, from time to time, by the Secretary of State. 21-2-360. (a) The superintendent shall deliver the proper vote recorder or vote recorders, properly furnished with ballot labels, to the polling places at least one hour before the time set for opening the polls at each primary or election and shall cause each vote recorder to be set up in the proper manner for use in voting. The superintendent shall place each vote recorder in a voting booth so that the ballot labels on the recorder can be plainly seen by the poll officers when not being voted on. (b) The superintendent shall provide ample protection against molestation of and injury to the vote recorder and, for that purpose, shall call upon any law enforcement officer to furnish such assistance as may be necessary; and it shall be the duty of the law enforcement officer to furnish such assistance when so requested by the superintendent. (c) The superintendent shall furnish for each vote recorder at least one hour before the opening of the polls: (1) A lamp which shall give sufficient light to enable electors, while in the voting booth, to read the ballot labels, and which shall be suitable

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for the use of poll officers in examining the vote recorder; and the lamp shall be prepared and in good order for use before the opening of the polls; (2) Two sample ballots printed on a single sheet of white paper or a number of sheets stapled together which shall be a reasonable facsimile of the ballot labels as will be in use in the primary or election and accompanied by directions for voting on the vote recorder; and such sample ballots shall be posted prominently outside the enclosed space within the polling place; and (3) A seal for sealing the vote recorder after the polls are closed and such other materials and supplies as may be necessary or as may be required by law. 21-2-361. During the 30 days next preceding a general primary or election or during the ten days next preceding a special primary or election, the superintendent shall place on public exhibition, in such public places and at such times as he or she may deem most suitable for the information and instruction of the electors, one or more vote recorders. Insofar as practicable, the vote recorders shall contain the ballot labels and show the offices and questions to be voted upon, the names and arrangements of parties and bodies, and the names and arrangements of the candidates to be voted for. Such recorder or recorders shall be under the charge and care of a person competent as custodian and instructor. 21-2-362. (a) The superintendent of the county or the governing authority of the municipality shall designate a person or persons who shall have the custody of the vote recorders and tabulating machines of the county or municipality when they are not in use at a primary or election and shall provide for his or her compensation and for the safe storage and care of the vote recorders. (b) All vote recorders and tabulating machines, when not in use, shall be properly covered and stored in a suitable place or places. 21-2-363. The governing authority of any county or municipality which adopts vote recorders and tabulating machines in the manner provided for by this part shall, upon the purchase of vote recorders and tabulating machines, provide for their payment by the county or municipality. Bonds or other evidence of indebtedness may be issued in accordance with the provisions of law relating to the increase of indebtedness of counties or municipalities to meet all or any part of the cost of the vote recorders and tabulating machines.

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21-2-364. If a method of nomination or election for any candidate or office, or of voting on any question is prescribed by law, in which the use of vote recorders is not possible or practicable, or in case, at any primary or election, the number of candidates seeking nomination or nominated for any office renders the use of vote recorders for such office at such primary or election impracticable, or if, for any other reason, at any primary or election the use of vote recorders wholly or in part is not practicable, the superintendent may arrange to have the voting for such candidates or offices or for such questions conducted by paper ballots. In such cases, paper ballots shall be printed for such candidates, offices, or questions, and the primary or election shall be conducted by the poll officers, and the ballots shall be counted and return thereof made in the manner required by law for such nominations, offices, or questions, insofar as paper ballots are used. ARTICLE 10 21-2-380. As used in this article, the term `absentee elector' means an elector of this state or a municipality thereof who: (1) Is required to be absent from his or her precinct during the time of the primary or election he or she desires to vote in; (2) Will perform any of the official acts or duties set forth in this chapter in connection with the primary or election he or she desires to vote in; (3) Because of physical disability or because of being required to give constant care to someone who is physically disabled, will be unable to be present at the polls on the day of such primary or election; (4) Because the election or primary falls upon a religious holiday observed by such elector, will be unable to be present at the polls on the day of such primary or election; (5) Is required to remain on duty in his or her place of employment for the protection of the health, life, or safety of the public during the entire time the polls are open when such place of employment is within the precinct in which the voter resides; or (6) Is 75 years of age or older. 21-2-380.1. The governing authority shall appoint an absentee ballot clerk who may be the county registrar, municipal registrar, or any other designated official and who shall perform the duties set forth in this article. 21-2-381.

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(a) (1) Not more than 180 days prior to the date of the primary or election, or runoff of either, in which the elector desires to vote, any absentee elector may make, either by mail, by facsimile transmission, or in person in the registrar's or absentee ballot clerk's office, an application for an official ballot of the elector's precinct to be voted at such primary, election, or runoff. In the case of an elector residing temporarily out of the county or municipality or a physically disabled elector residing within the county or municipality, the application for the elector's absentee ballot may, upon satisfactory proof of relationship, be made by such elector's mother, father, grandparent, aunt, uncle, sister, brother, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the age of 18 or over. The application shall be in writing and shall contain sufficient information for proper identification of the elector; the permanent or temporary address of the elector to which the absentee ballot shall be mailed; the identity of the primary, election, or runoff in which the elector wishes to vote; the reason for requesting the absentee ballot; and the name and relationship of the person requesting the ballot if other than the elector. Except in the case of physically disabled electors residing in the county or municipality, no absentee ballot shall be mailed to an address other than the permanent mailing address of the elector as recorded on the elector's voter registration record or a temporary out-of-county or out-of-municipality address. Relatives applying for absentee ballots for electors must also sign an oath stating that facts in the application are true. If the elector is unable to fill out or sign such elector's own application because of illiteracy or physical disability, the elector shall make such elector's mark, and the person filling in the rest of the application shall sign such person's name below it as a witness; provided, however, that one timely and proper application for an absentee ballot for use in a primary shall be sufficient to require the mailing of the absentee ballot to: (A) an eligible absentee elector who lives outside the county or municipality in which the election is held and is also a member of the armed forces of the United States, a member of the merchant marine of the United States, or a spouse or dependent of a member of the armed forces or the merchant marine residing with or accompanying said member or overseas citizen; or (B) any elector meeting criteria of advanced age or disability specified by rule or regulation of the Secretary of State for such primary as well as for any runoffs resulting therefrom and for the election for which such primary shall nominate candidates. Further, such application for an absentee ballot to be used in any election shall be sufficient to require the mailing of an absentee ballot for any runoffs resulting from such election. In any event, a separate and distinct application for an absentee ballot shall be required for the presidential preference primary held pursuant to Article 5 of this chapter and for any special election or special primary.

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(2) A properly executed registration card submitted under the provisions of subsection (b) of Code Section 21-2-219, if submitted within 180 days of a primary or election in which the registrant is entitled to vote, shall be considered to be an application for an absentee ballot under this Code section, or for a special absentee ballot under Code Section 21-2-381.1, as appropriate. (b) Upon receipt of a timely application, a registrar or absentee ballot clerk shall enter thereon the date received and shall determine if the applicant is eligible to vote in the primary or election involved. If found eligible, the registrar or absentee ballot clerk shall certify by signing in the proper place on the application and shall either mail the ballot as provided in this Code section or issue the ballot to the elector to be voted within the confines of the registrar's or absentee ballot clerk's office or deliver the ballot in person to the elector if such elector is confined to a hospital. If found ineligible, the clerk or the board of registrars shall deny the application by writing the reason for rejection in the proper space on the application and shall promptly notify the applicant in writing of the ground of ineligibility, a copy of which notification should be retained on file in the office of the board of registrars or absentee ballot clerk for at least one year. If the registrar or clerk is unable to determine the identity of the elector from information given on the application, the registrar or clerk should promptly write to request additional information. In the case of an unregistered applicant who is eligible to register to vote, the clerk or the board shall immediately mail a blank registration card as provided by Code Section 21-2-223, and such applicant, if otherwise qualified, shall be deemed eligible to vote by absentee ballot in such primary or election, if the registration card, properly completed, is returned to the clerk or the board on or before the last day for registering to vote in such primary or election. If the closing date for registration in the primary or election concerned has not passed, the clerk or registrar shall also mail a ballot to the applicant, as soon as it is prepared and available; and the ballot shall be cast in such primary or election if returned to the clerk or board not later than the close of the polls on the day of the primary or election concerned. (c) In those counties or municipalities in which the absentee ballot clerk or board of registrars provides application forms for absentee ballots, the clerk or board shall provide such quantity of the application form to the dean of each college or university located in that county as said dean determines necessary for the students of such college or university. (d) (1) A citizen of the United States permanently residing outside the United States is entitled to make application for an absentee ballot from Georgia and to vote by absentee ballot in any election for presidential electors and United States senator or representative in Congress:

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(A) If such citizen was last domiciled in Georgia immediately before his departure from the United States; and (B) If such citizen could have met all qualifications, except any qualification relating to minimum voting age, to vote in federal elections even though, while residing outside the United States, he or she does not have a place of abode or other address in Georgia. (2) An individual is entitled to make application for an absentee ballot under paragraph (1) of this subsection even if such individual's intent to return to Georgia may be uncertain, as long as: (A) He or she has complied with all applicable Georgia qualifications and requirements which are consistent with 42 U.S.C. Section 1973ff concerning absentee registration for and voting by absentee ballots; (B) He or she does not maintain a domicile, is not registered to vote, and is not voting in any other state or election district of a state or territory or in any territory or possession of the United States; and (C) He or she has a valid passport or card of identity and registration issued under the authority of the Secretary of State of the United States or, in lieu thereof, an alternative form of identification consistent with 42 U.S.C. Section 1973ff and applicable state requirements, if a citizen does not possess a valid passport or card of identity and registration. (e) The Secretary of State is authorized to promulgate reasonable rules and regulations for the implementation of paragraph (1) of subsection (a) of this Code section. Said rules and regulations may include provisions for the limitation of opportunities for fraudulent application, including, but not limited to, comparison of voter registration records with death certificates. 21-2-381.1. (a) Notwithstanding any other provisions of this chapter, a qualified absentee elector, as defined in Code Section 21-2-380, may apply not earlier than 180 days before an election for a special write-in absentee ballot. This ballot shall be for presidential electors and United States senator or representative in Congress. (b) The application for a special write-in absentee ballot may be made on the federal post card application form or on a form prescribed by the Secretary of State. (c) In order to qualify for a special write-in absentee ballot, the voter must state that he or she is unable to vote by regular absentee ballot or in person due to requirements of military service or due to living in

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isolated areas or extremely remote areas of the world. This statement may be made on the federal post card application or on a form prepared by the Secretary of State and supplied and returned with the special write-in absentee ballot. (d) Upon receipt of said application, the registrars shall issue the special write-in absentee ballot which shall be prescribed and provided by the Secretary of State. Such ballot shall permit the elector to vote by writing in a party preference for each office, the names of specific candidates for each office, or the name of the person whom the voter prefers for each office. 21-2-382. (a) Any other provisions of this chapter to the contrary notwithstanding, the board of registrars may establish additional sites as additional registrar's offices or places of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385, provided that any such site is a branch of the county courthouse, a courthouse annex, or a government service center providing general government services. (b) Any other provisions of this chapter to the contrary notwithstanding, in all counties of this state having a population of 550,000 or more or having a population between 88,000 and 90,000 according to the United States decennial census of 1990 or any future such census, any branch of the county courthouse or courthouse annex established within any such county shall be an additional registrar's office or place of registration for the purpose of receiving absentee ballots under Code Section 21-2-381 and for the purpose of voting absentee ballots under Code Section 21-2-385. 21-2-383. Ballots for use by absentee electors shall be prepared sufficiently in advance by the superintendent and shall be delivered to the board of registrars or absentee ballot clerk as provided in Code Section 21-2-384. Such ballots shall be marked `Official Absentee Ballot' and shall be in substantially the form for ballots required by Article 8 of this chapter, except that in counties using voting machines or vote recorders the ballots may be in substantially the form for the ballot labels required by Article 9 of this chapter or in such form as will allow the ballot to be machine tabulated. Every such ballot shall have printed on the face thereof the following: `I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law.' The form for either ballot shall be determined and prescribed by the Secretary of State, except in municipal primaries or elections, in which

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the form of absentee ballots which follows the paper ballot format shall be determined and prescribed by the superintendent. 21-2-384. (a) The superintendent shall, as soon as practicable prior to each primary or election, but at least 45 days prior to any primary or general election other than a municipal primary or election, and at least 21 days prior to any municipal primary or general election, prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article, to the board of registrars for use in the primary or election. The board of registrars shall, within two days after the receipt of such supplies, mail or issue official absentee ballots to all eligible applicants; and, as additional applicants are determined to be eligible, the board shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars on the day prior to a primary or election. The date a ballot is voted in the registrars' office or the date a ballot is mailed to an elector and the date it is returned shall be entered on the application record therefor. The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. In the event an absentee ballot which has been mailed by the board of registrars is not received by the applicant, the applicant may notify the board of registrars and sign an affidavit stating that the absentee ballot has not been received. The board of registrars shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required. (a.1) Notwithstanding any provision of law to the contrary, at least 31 days prior to the presidential preference primary to be held in 1992, the superintendent shall prepare or obtain and deliver an adequate supply of official absentee ballots, envelopes, and other supplies as required by this article to the board of registrars for use in the presidential preference primary. (b) In addition to the mailing envelope, the superintendent shall provide two envelopes for each official absentee ballot, of such size and shape as shall be determined by the Secretary of State, in order to permit the placing of one within the other and both within the mailing envelope. On the smaller of the two envelopes to be enclosed in the mailing envelope shall be printed the words `Official Absentee Ballot' and nothing else. On the back of the larger of the two envelopes to be enclosed within the mailing envelope shall be printed the form of oath of the elector and the oath for persons assisting electors, as provided for in Code Section 21-2-409, and the penalties provided for in Code

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Sections 21-2-568, 21-2-573, 21-2-579, and 21-2-599 for violations of oaths; and on the face of such envelope shall be printed the name and address of the board of registrars. The mailing envelope addressed to the elector shall contain the two envelopes, the official absentee ballot, and the uniform instructions for the manner of preparing and returning the ballot, in form and substance as provided by the Secretary of State and nothing else. (c) The oaths referred to in subsection (b) of this Code section shall be in substantially the following form: I, the undersigned, do swear (or affirm) that I am a citizen of the United States and of the State of Georgia; that my residence address is County, Georgia; that I possess the qualifications of an elector required by the laws of the State of Georgia; that I am entitled to vote in the precinct containing my residence in the primary or election in which this ballot is to be cast; that I am eligible to vote by absentee ballot; that I have not marked or mailed any other absentee ballot, nor will I mark or mail another absentee ballot for voting in such primary or election; nor shall I vote therein in person; and that I have read and understand the instructions accompanying this ballot; and that I have carefully complied with such instructions in completing this ballot. I understand that the offer or acceptance of money or any other object of value to vote for any particular candidate, list of candidates, issue, or list of issues included in this election constitutes an act of voter fraud and is a felony under Georgia law. Oath of Person Assisting Elector (if any): I, the undersigned, do swear (or affirm) that I assisted the above-named elector in marking such elector's absentee ballot as such elector personally communicated such elector's preference to me; that I am satisfied that such elector presently possesses the disability noted below; and that by reason of such disability such elector is entitled to receive assistance in voting under provisions of subsection (a) of Code Section 21-2-409. This, theday of.

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Reason for assistance (Check appropriate square): () Elector is unable to read the English language. () Elector has following physical disability. The forms upon which such oaths are printed shall contain the following information: Georgia law provides, in subsection (b) of Code Section 21-2-409, that no person shall assist more than ten electors in any primary or election. Georgia law further provides that any person who knowingly falsifies information so as to vote illegally by absentee ballot or who illegally gives or receives assistance in voting, as specified in Code Section 21-2-568, 21-2-573, or 21-2-579, shall be guilty of a misdemeanor. (d) Each board of registrars shall maintain for public inspection a master list, arranged by precincts, setting forth the name and residence of every elector to whom an official absentee ballot has been sent. Absentee electors whose names appear on the master list may be challenged by any elector prior to closing of the polls on the day of the primary or election. 21-2-385. (a) At any time after receiving an official absentee ballot, but before the day of the primary or election, except electors who are confined to a hospital on the day of the primary or election, the elector shall vote his or her absentee ballot, then fold the ballot and enclose and securely seal the same in the envelope on which is printed 'Official Absentee Ballot.' This envelope shall then be placed in the second one, on which is printed the form of the oath of the elector, the name, relationship, and oath of the person assisting, if any, and other required identifying information. The elector shall then fill out, subscribe, and swear to the oath printed on such envelope. Such envelope shall then be securely sealed and the elector shall then mail or personally deliver same to the board of registrars or absentee ballot clerk, provided that delivery by a physically disabled elector may be made by any adult person upon satisfactory proof that such adult person is such elector's mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-in-law, or an individual residing in the household of such disabled elector. An elector who is confined to a hospital on a primary or election day to whom an absentee ballot is delivered by the registrar or absentee ballot clerk shall then and there vote the ballot, seal it properly, and return it to the registrar or absentee ballot clerk. (b) A physically disabled or illiterate elector may receive assistance in preparing his or her ballot from one of the following: any elector who is

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qualified to vote in the same county or municipality as the disabled or illiterate elector or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his or her own county or municipality, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff. (c) When an elector applies in person for an absentee ballot, after the absentee ballots have been printed, the absentee ballot shall be issued to the elector at the time of the application therefor within the confines of the registrar's or absentee ballot clerk's office; and the elector shall then and there vote and return the absentee ballot as provided in subsections (a) and (b) of this Code section. The board of registrars or absentee ballot clerk shall furnish accommodations to the elector to ensure the privacy of the elector while voting his or her absentee ballot. 21-2-386. (a) (1) The board of registrars or absentee ballot clerk shall keep safely and unopened all official absentee ballots received from absentee electors prior to the closing of the polls on the day of the primary or election except as otherwise provided in paragraph (2) of this subsection. Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's application for absentee ballot or a facsimile of said signature or mark taken from said application, and shall, if the information and signature appear to be valid, so certify by signing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope `Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one

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year. Three copies of the numbered list of voters shall also be prepared for such rejected absentee electors, giving the name of the elector and the reason for the rejection in each case. Three copies of the numbered list of certified absentee voters and three copies of the numbered list of rejected absentee voters for each precinct shall be turned over to the poll manager in charge of counting the absentee ballots and shall be distributed as required by law for numbered lists of voters. All absentee ballots returned to the board or absentee ballot clerk after the closing of the polls on the day of the primary or election shall be safely kept unopened by the board or absentee ballot clerk for the period of time required for the preservation of ballots used at the primary or election and shall then, without being opened, be destroyed in like manner as the used ballots of the primary or election. The board of registrars or absentee ballot clerk shall promptly notify the elector by first-class mail that the elector's ballot was returned too late to be counted and that the elector will not receive credit for voting in the primary or election. (2) After 5:00 P.M. and until the closing of the polls on the day of the primary or election, the registrars or absentee ballot clerks shall be authorized to open the outer envelope on which is printed the oath of the elector in such a manner as not to destroy the oath printed thereon; provided, however, that the registrars or absentee ballot clerk shall not be authorized to remove the contents of such outer envelope or to open the inner envelope marked `Official Absentee Ballot.' At least three persons who are registrars, deputy registrars, poll workers, or absentee ballot clerks must be present before commencing. (b) After the close of the polls on the day of the primary or election, in precincts other than those in which vote recorders are used, a registrar or absentee ballot clerk shall deliver the official absentee ballot of each certified absentee elector, each rejected absentee ballot, applications for such ballots, and copies of the numbered lists of certified and rejected absentee electors to the manager in charge of the absentee ballot precinct of the county, which shall be located in the precinct containing the county courthouse or polling place designated by the municipal superintendent. Such manager with two assistant managers, appointed by the superintendent, with such clerks as the manager deems necessary shall count the absentee ballots following the procedures prescribed by this chapter for other ballots, insofar as practicable, and prepare an election return for the county or municipality showing the results of the absentee ballots cast in such county or municipality. In those precincts in which vote recorders are used, such absentee ballots shall be taken to the tabulation center or other place designated by the superintendent, and the official receiving such absentee ballots shall issue his or her receipt therefor. A manager shall then open the envelope in such manner as not to destroy the oath printed thereon and shall deposit the inner envelope marked `Official Absentee Ballot' in a ballot box reserved for absentee

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ballots and shall count the absentee ballots for the county in the manner as prescribed above. (c) Any other provision of law to the contrary notwithstanding, if at any primary, general, or special election in any county any question is to be voted on involving any political subdivision which includes less than the entire county, all absentee ballots shall be separated by precinct for counting purposes; and separate returns shall be certified for each precinct in which absentee ballots were cast. (d) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, and shall deposit the ballot in the box; and it shall be counted as other challenged ballots are counted. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge. 21-2-387. Whenever it shall be made to appear by due proof to the managers that an absentee elector who has marked and forwarded or delivered his or her ballot as provided in this article has died prior to the opening of the polls on the day of the primary or election, the ballot of such deceased elector shall be returned by the managers in the same manner as provided for rejected ballots. 21-2-388. When an absentee ballot which has been voted shall be returned to the board of registrars, it shall be deemed to have been voted then and there; and no other absentee ballot shall be issued to the same elector. However, if an elector who has requested to vote by absentee ballot based upon the reason that the elector is required to be absent from the elector's precinct during the time of the primary or election in which the elector desires to vote is present in the precinct of the elector's residence during the time the polls are open in any primary, election, or runoff for which the elector has requested an absentee ballot or if the elector's circumstances change and the elector is no longer eligible to vote by absentee ballot under Code Section 21-2-380, such elector shall have the absentee ballot canceled in one of the following ways: (1) By surrendering the absentee ballot to the poll manager of the precinct in which the elector's name appears on the electors list and then being permitted to vote the regular ballot. The poll manager shall mark `Canceled' and the date and time across the face of the absentee ballot and shall initial same. The poll manager shall also make appropriate notations beside the name of the elector on the electors list. All such canceled absentee ballots shall be returned with other ballots to the superintendent;

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(2) By appearing in person before the registrars or the absentee ballot clerk and requesting in writing that the envelope containing the elector's absentee ballot be marked `Canceled.' After having satisfied themselves as to the identity of such elector, the registrars or the absentee ballot clerk shall grant the request and shall notify the managers of the elector's precinct as to such action so as to permit the elector to vote in person in that precinct. If the absentee ballot is in the possession of the registrars or the absentee ballot clerk, it shall be promptly marked `Canceled' and the date and time written across the face of the envelope. If the absentee ballot is in the mail or its exact location is unknown, the registrar or the absentee ballot clerk shall write `Canceled' beside the elector's name on the master list of absentee voters and shall cancel the ballot itself as soon as it is received. Canceled absentee ballots shall be disposed of in the same manner as provided in subsection (a) of Code Section 21-2-386 for absentee ballots returned too late to be cast. 21-2-389. The postage required for mailing ballots to absentee electors, as provided for in this article, shall be paid by the county or municipality, except in cases where free mail delivery is furnished by the federal government. 21-2-390. All official absentee ballots, applications for such ballots, and envelopes on which the forms of affidavits and jurats appear shall be delivered to the clerk of the superior court or the city clerk upon the conclusion of the primary or election and shall be safely kept by him or her for the period required by law and then shall be destroyed. The applications for such ballots shall be retained by the absentee ballot clerk for at least 24 months and then may be destroyed. On the day following the primary or election, the board of registrars or the municipal absentee ballot clerk shall transmit all canceled, spoiled, and unused absentee ballots and copies of requests for cancellation of absentee ballots to the clerk of the superior court or the city clerk to be held with other election materials as provided in Code Section 21-2-500. The registrars or the municipal absentee ballot clerk shall also transmit an accounting of all absentee ballots, including the number furnished by the registrars or the municipal absentee ballot clerk, the number issued to electors, the number spoiled, and the number unused. ARTICLE 11 Part 1 21-2-400. (a) Prior to each primary and election, the superintendent shall obtain from the Secretary of State a sufficient number of cards of instruction for

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guidance of electors. Such cards of instruction shall include such portions of this chapter as deemed necessary by the Secretary of State and shall be printed for the type of voting equipment or ballots used in the county or municipality. The superintendent shall also obtain from the Secretary of State a sufficient number of blank forms of oaths of poll officers, voter's certificates, notices of penalties, oaths of assisted electors, numbered list of voters, tally sheets, return sheets, and such other forms and supplies required by this chapter, in each precinct of the county or municipality. (b) As an aid to electors, sample ballots or ballot labels may be printed and published in any newspaper generally and regularly circulated within the county or municipality, so long as the facsimile is labeled `Sample Ballot' and is at least 25 percent larger or smaller than the official ballot. Reprints of such newspaper printings may be procured and distributed by any elector. Election officials may also prepare and distribute sample ballots or ballot labels or portions thereof, provided they are labeled `Sample Ballot' and are of a different color and at least 25 percent larger or smaller than the official ballot or ballot label. (c) In those counties and municipalities which employ the use of vote recorders or voting machines, the superintendent shall prepare sample or facsimile ballot labels for each general election which shall contain each question and the candidates who are offering for election for each office which will be voted upon in the county or municipality. The superintendent shall maintain such sample or facsimile ballot labels at the county courthouse for distribution upon request to interested electors. Such sample or facsimile ballot labels shall comply with Code Section 21-2-575. 21-2-401. (a) The cards of instruction, return sheets, tally sheets, oaths of poll officers, affidavits, and other forms and supplies required for use in each precinct, and, in precincts in which ballots are used, the official ballots prepared for use therein shall be packed by the superintendent in separate sealed packages for each precinct, marked on the outside so as to designate clearly the precincts for which they are intended and, in the case of precincts in which ballots are used, the number of ballots enclosed. They shall then be delivered by the superintendent, together with the ballot box which shall bear the designation of the precinct, to the managers in the several precincts prior to the hour appointed for opening the polls. In primaries, the parties shall decide whether to use the same ballot box or to use separate ballot boxes. The managers of the respective precincts shall, on delivery to them of such packages, return receipts therefor to the superintendent, who shall keep a record of the time when and the manner in which the several packages are delivered. The superintendent may, in the superintendent's discretion, require the

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managers of the respective precincts to call at the superintendent's office to obtain such packages. (b) The registrars shall, prior to the hour appointed for opening the polls, place in the possession of the managers in each precinct one copy of the certified electors list for such precinct, such list to contain all the information required by law. The list shall indicate the name of any elector who has been mailed or delivered an absentee ballot. The list for a given precinct may be divided into as many alphabetical sections as is deemed necessary. Such list of electors shall be authenticated by the signatures of at least two of the registrars. In a municipal primary, where the parties do not agree to have only one set of managers for a precinct, the electors list shall be delivered to the chief manager of the political party which polled the highest number of votes in the precinct in the immediately preceding election of the presiding officer of the governing authority. In addition, the registrars shall at the same time place in the possession of the managers in each precinct one copy of the list of inactive electors for such precinct. The managers of the respective precincts shall, on delivery to them of such electors lists, return receipts therefor to the registrars, who shall keep a record of the time when and the manner in which the electors lists are delivered. The registrars may, in their discretion, require the managers of the respective precincts to call at their office to obtain such lists. (c) The registrars may, in their discretion, place a master list containing the names and proper voting precincts of all electors and all inactive electors of the county or municipality at some or all of the polling places located in the county or municipality on the day of each election for use by the poll workers to assist electors in locating their proper precinct. 21-2-402. (a) At each primary and election, the Secretary of State shall prepare and furnish to each superintendent a suitable number of voter's certificates which shall be in substantially the following form: VOTER'S CERTIFICATE I hereby certify that I am qualified to vote at the (primary or election) held on, and that I have not and will not vote elsewhere in this (primary or election) in my own name or in any other name. I understand that making a false statement on this certificate is a felony under Code Section 21-2-562. Signature Current residence address of elector: Name or initials of poll officer receiving voter's certificate:

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In case of physical disability or illiteracy, fill out the following: I hereby certify that the voter is unable to sign his or her name by reason of the following: Number of stub of ballot or number of admission to voting machine: (b) The voter's certificates shall be so prepared as to be capable of being inserted by the poll officers in a suitable binder for each primary or election. The binder shall have written thereon the words 'Voter's Certificates' and shall have a space for filling in the designation of the precinct and the date of the primary or election. (c) The election superintendent may obtain or may create and provide other voter's certificates, provided that such other voter's certificates are in the form required under this Code section and are approved by the Secretary of State. 21-2-403. At all primaries and elections the polls shall be opened at 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and shall remain open continuously until 7:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, at which time they shall be closed; provided, however, that, in all cities having a population of 300,000 or more according to the United States decennial census of 1970 or any future such census, the polls shall remain open continuously until 8:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, during the cities' general elections, at which time they shall be closed. 21-2-404. Each employee in this state shall, upon reasonable notice to his or her employer, be permitted by his or her employer to take any necessary time off from his or her employment to vote in any municipal, county, state, or federal political party primary or election for which such employee is qualified and registered to vote on the day on which such primary or election is held; provided, however, that such necessary time off shall not exceed two hours; and provided, further, that, if the hours of work of such employee commence at least two hours after the opening of the polls or end at least two hours prior to the closing of the polls, then the time off for voting as provided for in this Code section shall not be available. The employer may specify the hours during which the employee may absent himself or herself as provided in this Code section.

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21-2-405. (a) The required poll officers shall meet in the respective places appointed for holding the primary or election in each precinct at least 30 minutes before the hour for opening the polls on the day of each primary or election. Before entering upon their duties at any primary or election, all poll officers shall take and subscribe in duplicate to the oaths required by this chapter. (b) If any chief manager shall not appear at the polling place by 7:00 A.M. on the day of any primary or election, the assistant managers shall appoint a chief manager who is qualified under this chapter. If any assistant manager shall not appear at such hour, the chief manager shall appoint an assistant manager who is qualified under this chapter. If, for any reason, any vacancy in the office of manager shall not have been filled by 7:30 A.M., the electors of the precinct, present at such time, shall elect a qualified person to fill such vacancy. If any clerk shall not appear by 7:00 A.M., the chief manager shall fill such vacancy by appointing a qualified person therefor. Any person thus appointed or elected to fill a vacancy shall take and subscribe in duplicate to the appropriate oath required by this chapter. (c) After the poll officers of a precinct have been organized, the chief manager shall designate one of the assistant managers to have custody of the electors list. In precincts in which ballots are used, the other assistant manager shall have charge of the receipt and deposit of ballots in the ballot box, the chief manager or one of the clerks shall issue the ballots to electors after they are found entitled to vote, and the other clerk shall have custody of the voter's certificate binder and shall place the voter's certificates therein as they are received and approved. In precincts in which voting machines are used, the other assistant manager or clerk shall have custody of the voter's certificate binder and shall place the voter's certificates therein as they are received and approved, and the chief manager shall have special charge of the operation of the voting machine; provided, however, that the chief manager may make other arrangements for the division of the duties imposed by this chapter, so long as each poll officer is assigned some specific duty to perform. In municipal primaries being held with separate precinct managers, the chief managers appointed by each party shall jointly appoint the person or persons to be in charge of the electors list. In all precincts, the chief manager shall assign an assistant manager or a clerk to keep a numbered list of voters, in sufficient counterparts, during the progress of the voting. (d) Any poll officer may be assigned by the chief manager to assist another officer in the performance of his or her duties or to perform them for him during his or her temporary absence or disability. 21-2-406.

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Superintendents, poll officers, and other officials engaged in the conducting of primaries and elections held under this chapter shall perform their duties in public. 21-2-407. The registrars shall meet at their main office during each primary or election for the purpose of considering the qualification of electors whose names may have been omitted by inadvertence or mistake from the list of electors. The registrars shall be authorized to place the names of such electors on the registration list. 21-2-408. (a) In a primary or run-off primary, each candidate entitled to have his or her name placed on the primary or run-off primary ballot may submit the name of one poll watcher for each precinct in which he or she wishes to have an observer to the chairperson or secretary of the appropriate party executive committee at least 21 days prior to such primary or 14 days prior to such run-off primary. The appropriate party executive committee shall designate at least seven days prior to such primary or run-off primary no more than two poll watchers for each precinct, such poll watchers to be selected by the committee from the list submitted by party candidates. In addition, candidates running in a nonpartisan primary shall be entitled to designate one poll watcher in each precinct. Official poll watchers shall be given a letter signed by the party chairperson and secretary, if designated by a political party, or by the nonpartisan candidate, if designated by the nonpartisan candidate, containing the following information: name of official poll watcher, address, precinct in which he or she shall serve, and name and date of primary or run-off primary. At least three days prior to the primary, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve. (b) In an election or run-off election, each political party and political body shall each be entitled to designate, at least seven days prior to such election or run-off election, no more than two official poll watchers in each precinct to be selected by the appropriate party or body executive committee. Each independent candidate shall be entitled to designate one poll watcher in each precinct. In addition, candidates running in a nonpartisan election shall be entitled to designate one poll watcher in each precinct. Each poll watcher shall be given a letter signed by the appropriate political party or body chairperson and secretary, if a party or body designates same, or by the independent candidate, if named by the independent candidate. Such letter shall contain the following information: name of official poll watcher, address, precinct in which he or she shall serve, and date of election or run-off election. At least three days prior to the election, a copy of the letter shall be delivered to the superintendent of the county or municipality in which the poll watcher is to serve.

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(c) In counties or municipalities using vote recorders, each political party may appoint two poll watchers in each primary or election, each political body may appoint two poll watchers in each election, each nonpartisan candidate may appoint one poll watcher in each nonpartisan primary or nonpartisan election, and each independent candidate may appoint one poll watcher in each election to serve in the locations designated by the superintendent within the tabulating center. Such designated locations shall include the check-in area, the computer room, the duplication area, and such other areas as the superintendent may deem necessary to the assurance of fair and honest procedures in the tabulating center. The poll watchers provided for in this subsection shall be appointed and serve in the same manner as other poll watchers. (d) Notwithstanding any other provisions of this chapter, a poll watcher may be permitted behind the enclosed space for the purpose of observing the conduct of the election and the counting and recording of votes. Such poll watcher shall in no way interfere with the conduct of the election, and the poll manager may make reasonable regulations to avoid such interference. Without in any way limiting the authority of poll managers, poll watchers are prohibited from talking to voters, checking electors lists, or participating in any other form of campaigning while they are behind the enclosed space. If a poll watcher persists in interfering with the conduct of the election or in violating any of the provisions of this Code section after being duly warned by the poll manager or superintendent, he or she may be removed by such official. Any infraction or irregularities observed by poll watchers shall be reported directly to the superintendent, not to the poll manager. The superintendent shall furnish a badge to each poll watcher bearing the words `Official Poll Watcher,' the name of the poll watcher, the primary or election in which the poll watcher shall serve, and the precinct or tabulating center in which the poll watcher shall serve. The poll watcher shall wear such badge at all times while serving as a poll watcher. (e) No person shall be appointed or be eligible to serve as a poll watcher in any primary or election in which such person is a candidate. 21-2-409. (a) No elector shall receive any assistance in voting at any primary or election unless he or she is unable to read the English language or he or she has a physical disability which renders him or her unable to see or mark the ballot or operate the voting machine or vote recorder or to enter the voting compartment or booth without assistance and the poll officers are satisfied that he or she suffers from the disability. Except for a blind elector, before an elector shall be permitted to receive assistance, the elector shall take an oath which shall be administered to him or her and placed in writing by a manager, giving the reason why the elector requires assistance. The name of each person assisting the elector shall be endorsed on the oath. An elector who declares that by reason of

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blindness he or she is unable to cast a vote as he or she wishes and who in the judgment of a manager is blind may receive assistance on the basis of the blind elector's declaration without the necessity of an oath. The name of each person assisting a blind elector shall be shown on the declaration. (b) Any elector who is entitled to receive assistance in voting under this Code section shall be permitted by the managers to select (1) any elector, except a poll officer or poll watcher, who is a resident of the precinct in which the elector requiring assistance is attempting to vote; or (2) the mother, father, sister, brother, spouse, or child of the elector entitled to receive assistance, to enter the voting compartment or booth with him or her to assist in voting, such assistance to be rendered inside the voting compartment or booth. No person shall assist more than ten such electors in any primary, election, or runoff. (c) The oaths or declarations of assisted electors shall be returned by the chief manager to the superintendent. The oaths or declarations of assisted electors shall be available in the superintendent's office for public inspection. 21-2-409.1. On election day between the hours of 9:30 A.M. and 4:30 P.M., each elector who is 75 years of age or older or who is disabled and requires assistance in voting as authorized by Code Section 21-2-409, shall, upon request to a poll officer, be authorized at any primary or election to vote immediately at the next available voting compartment or booth without having to wait in line. Notice of the provisions of this Code section shall be prominently displayed in the voting place. 21-2-410. If any elector, before or after entering the voting booth, shall ask for instructions concerning the manner of voting, a poll officer may give such elector such instructions; but no person giving an elector such instructions shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the poll officer shall retire and the elector shall immediately vote. 21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted and those who received assistance in voting and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least ten years, and the same shall be available for public inspection.

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21-2-412. At least one judge of the superior court of each judicial circuit shall be available in his or her circuit on the day of each primary or election from 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, until 10:00 P.M. eastern standard time or eastern daylight time, whichever is applicable, and so long thereafter as it may appear that the process of such court will be necessary to secure a free, fair, and correct computation and canvass of votes cast at such primary or election. During such period the court shall issue process, if necessary, to enforce and secure compliance with the primary or election laws and shall decide such other matters pertaining to the primary or election as may be necessary to carry out the intent of this chapter. 21-2-413. (a) No elector shall be allowed to occupy a voting compartment or voting machine booth already occupied by another except when giving assistance as permitted by this chapter. (b) No elector shall remain in a voting compartment or voting machine booth an unreasonable length of time; and, if such elector shall refuse to leave after such period, he or she shall be removed by the poll officers. (c) No elector except a poll officer or poll watcher shall reenter the enclosed space after he or she has once left it except to give assistance as provided by this chapter. (d) No person, when within the polling place, shall electioneer or solicit votes for any political party or body or candidate or question, nor shall any written or printed matter be posted within the room, except as required by this chapter. The prohibitions contained within Code Section 21-2-414 shall be equally applicable within the polling place and no elector shall violate the provisions of Code Section 21-2-414. (e) All persons except poll officers, poll watchers, persons in the course of voting and such persons' children under 12 years of age accompanying such persons, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's child or children under 12 years of age unless the poll manager or an assistant manager determines in his or her sole discretion that such child or children are causing a disturbance or are interfering with the conduct of voting. Children accompanying an elector in the enclosed space pursuant to this subsection shall not in any manner handle any ballot nor operate any function of a voting machine or vote recorder under any circumstances.

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(f) When the hour for closing the polls shall arrive, all electors who have already qualified and are inside the enclosed space shall be permitted to vote; and, in addition thereto, all electors who are then in the polling place outside the enclosed space, or then in line outside the polling place, waiting to vote, shall be permitted to do so if found qualified, but no other persons shall be permitted to vote. (g) It shall be the duty of the chief manager to secure the observances of this Code section, to keep order in the polling place, and to see that no more persons are admitted within the enclosed space than are permitted by this chapter. Further, from the time a polling place is opened until the ballots are delivered to the superintendent, the ballots shall be in the custody of at least two poll officers at all times. (h) No person except peace officers regularly employed by the federal, state, county, or municipal government or certified security guards shall be permitted to carry firearms within 250 feet of any polling place. 21-2-414. (a) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (b) No person shall solicit signatures for any petition on any primary or election day: (1) Within 150 feet of the outer edge of any building within which a polling place is established; (2) Within any polling place; or (3) Within 25 feet of any voter standing in line to vote at any polling place. (c) No person shall solicit votes in any manner or by any means or method, nor shall any person distribute any campaign literature, newspaper, booklet, pamphlet, card, sign, or any other written or printed matter of any kind, nor shall any person conduct any exit poll or public opinion poll with voters within a room in which absentee ballots are being cast on any day.

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(d) No person shall solicit signatures for any petition within a room in which absentee ballots are being cast on any day. (e) This Code section shall not be construed to prohibit a poll officer from distributing materials, as required by law, which are necessary for the purpose of instructing electors or from distributing materials prepared by the Secretary of State which are designed solely for the purpose of encouraging voter participation in the election being conducted. (f) Any person who violates this Code section shall be guilty of a misdemeanor. 21-2-415. (a) No person shall distribute, circulate, disseminate, or publish or cause to be distributed, circulated, disseminated, or published any literature in connection with any political campaign for any public office or question unless such literature shall bear the name and address of the person or organization distributing, circulating, disseminating, publishing, or causing the same to be distributed, circulated, disseminated, or published. To be in compliance with this subsection when an organization rather than a natural person commits any of the acts enumerated in this subsection, the names and addresses of at least three of the highest officials thereof shall also appear thereon. No candidate whose campaign is the subject of any campaign literature shall contribute funds to defray the cost or a portion of the cost of the printing, publishing, distribution, circulation, or dissemination of such literature unless the literature clearly states that the cost or a portion thereof has been paid for by the candidate. Campaign literature published and disseminated by the candidate, bearing his or her name and the office for which he or she is a candidate, shall be considered as in compliance with this subsection. (b) No person shall use the name or any colorable imitation of the name of an existing person or organization for the purposes of endorsing, circulating, or publishing campaign material without the authorization of such person or organization. As used in this subsection, the term `any colorable imitation' means any name purposefully used with the intention of the user that a person reading such name will be misled into believing that such campaign material is being endorsed, circulated, or published by a person or organization other than the true endorser, circulator, or publisher. (c) Any person who violates this Code section shall be guilty of a misdemeanor. 21-2-416. Reserved.

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21-2-417. (a) Each elector shall present proper identification to a poll worker at or prior to completion of a voter's certificate at any polling place and prior to such person's admission to the enclosed space at such polling place. Proper identification shall consist of any one of the following: (1) A valid Georgia driver's license; (2) A valid identification card issued by a branch, department, agency, or entity of the State of Georgia, any other state, or the United States authorized by law to issue personal identification; (3) A valid United States passport; (4) A valid employee identification card containing a photograph of the elector and issued by any branch, department, agency, or entity of the United States government, this state, or any county, municipality, board, authority, or other entity of this state; (5) A valid employee identification card containing a photograph of the elector and issued by any employer of the elector in the ordinary course of such employer's business; (6) A valid student identification card containing a photograph of the elector from any public or private college, university, or postgraduate technical or professional school located within the State of Georgia; (7) A valid Georgia hunting or fishing license; (8) A valid Georgia license to carry a pistol or revolver; (9) A valid pilot's license issued by the Federal Aviation Administration or other authorized agency of the United States; (10) A valid United States military identification card; (11) A certified copy of the elector's birth certificate; (12) A valid social security card; (13) Certified naturalization documentation; or (14) A certified copy of court records showing adoption, name, or sex change. (b) If an elector is unable to produce any of the items of identification listed in subsection (a) of this Code section, he or she shall sign a statement under oath in a form approved by the Secretary of State, separate and distinct from the elector's voter certificate, swearing or affirming that he or she is the person identified on the elector's voter certificate. Such person shall be allowed to vote without undue delay. Falsely swearing or affirming such statement under oath shall be

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punishable as a felony, and the penalty shall be distinctly set forth on the face of the statement. Part 2 21-2-430. In precincts in which ballots are used, the poll officers shall, after taking the oath, publicly open the ballot boxes which have been furnished to them and shall, prior to opening of the polls, totally destroy any ballots and other papers which they may find therein which are not intended for use in such primary or election. When the polling place is opened, the ballot box shall be securely locked and shall not be opened until the close of the polls, as provided in Code Section 21-2-436. At the opening of the polls, the seals of the packages furnished by the superintendent shall be publicly broken and such packages shall be opened by the chief manager. The cards of instruction shall be immediately posted in each voting compartment. Not less than three such cards and notices of penalties shall be immediately posted in or about the voting room outside the enclosed space; and such cards of instruction and notices of penalties shall be given to any elector at his or her request so long as there are any on hand. 21-2-431. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter's certificate shall sign his or her name or initials on the voter's certificate and shall, if the voter's signature is not readily legible, print such voter's name under his or her signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list and shall enter the number of the stub of the ballot issued to him or her, or his or her number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his or her name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. (b) If any elector was unable to sign his or her name at the time of registration or if, having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applies to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. (c) Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any primary or election at any polling place outside

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the precinct in which such person resides, nor shall such person vote in the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct. 21-2-432. After each elector has been admitted to vote, his or her voter's certificate shall be inserted in the binder provided therefor by the registrars, and known as the 'voter's certificate binder,' and such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers. 21-2-433. (a) No elector shall enter the enclosed space behind the guardrail provided for in subsection (a) of Code Section 21-2-267 until he or she is found entitled to vote. (b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the poll officer shall write the word `Challenged' and the alleged cause of challenge on the back of the ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent. 21-2-434. No official ballot shall be taken or detached from its stub in any book of ballots, except by a poll officer when a person desiring to vote has been found to be an elector entitled to vote. Not more than one ballot shall be removed at any one time or given to an elector, except in the case of a spoiled ballot as provided by this article. No person other than the poll officers shall take or remove any ballot from the polling place. Only official ballots shall be deposited in the ballot box and counted, except as otherwise provided in this article. If any ballot appears to have been obtained otherwise than from the superintendent as provided by this article, the same shall not be counted; and the chief manager shall

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transmit such ballot to the district attorney without delay, together with whatever information he or she may have regarding the same. 21-2-435. (a) In precincts in which ballots are used, the elector, after receiving his or her ballot, shall retire to one of the voting compartments and draw the curtain or shut the screen or door and shall then prepare his or her ballot; provided, however, that an elector may, before entering the voting booth, ask for instructions concerning the manner of voting, and a poll officer shall give him or her such instructions; but no person giving an elector such instructions shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the poll officer shall retire and the elector shall forthwith vote. (b) At primaries, the elector shall prepare his or her ballot in the following manner: He or she shall vote for the candidates of his or her choice for nomination or election, according to the number of persons to be voted for by him or her, for each office, by making a cross (X) or check ([UNK]) mark in the square opposite the name of each candidate. No elector shall be permitted to cast a write-in ballot in a primary. A ballot upon which a voter has marked out or struck through the name of a candidate for whom the voter does not intend to cast his or her vote may be counted if the ballot clearly indicates that candidate for whom the voter desired to cast his or her vote. (c) At elections, the elector shall prepare his or her ballot in the following manner: (1) He or she may vote for the candidates of his or her choice for each office to be filled according to the number of persons to be voted for by him or her for each office, by making a cross (X) or check ([UNK]) mark in the square opposite the name of the candidate; (2) He or she may write, in the blank space provided therefor, any name not already printed on the ballot, and such insertion shall count as a vote without the marking of a cross (X) or check ([UNK]) mark; (3) If he or she desires to vote for every candidate of a political party or body (except its candidates for the offices of presidential electors), he or she may make a cross (X) or check ([UNK]) mark in the square opposite the name of the party or body of his or her choice in the party or body column on the left of the ballot, and every such cross (X) or check ([UNK]) mark shall be equivalent to and be counted as a vote for every candidate of a party or body so marked, except its candidates for the offices of presidential electors; (4) If he or she desires to vote for the presidential electors nominated by any party or body, he or she may make a cross (X) or check ([UNK])

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mark in the appropriate square at the left of the names of the candidates for President and Vice President of such party or body; (5) In case of a question submitted to the vote of the electors, he or she may make a cross (X) or check ([UNK]) mark in the appropriate square opposite the answer which he or she desires to give. (d) Before leaving the voting compartment, the elector shall fold his or her ballot, without displaying the markings thereon, in the same way it was folded when received by him or her; and he or she shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him or her is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. If the ballot is marked `Challenged,' the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked `Challenged,' deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted. 21-2-436. After the polls are closed and the last elector has voted in precincts in which ballots are used, at least two poll officers shall remain within the enclosed space. Before the ballot box is opened, the number of ballots issued to electors, as shown by the stubs, and the number of ballots, if any, spoiled and returned by electors and canceled, shall be announced to all present in the voting room and entered upon the general returns of votes cast at such primary or election. The poll officer shall then compare the number of electors voting as shown by the stubs with the number of names shown as voting by the electors list, voter's certificates, and the numbered list of voters, and shall announce the result, and shall enter on the general returns the number of electors who have voted, as shown by the voter's certificates. If any differences exist, they shall be reconciled, if possible; otherwise, they shall be noted on the general returns. The electors list, the voter's certificates, the numbered list of voters, and the stubs of all ballots used, together with all unused ballots, all spoiled and canceled ballots, and all rejected voter's certificates, shall then be placed in separate packages, containers, or envelopes and sealed before the ballot box is opened. 21-2-437. (a) After the polls close at 7:00 P.M. and as soon as all the ballots have been properly accounted for and those outside the ballot box as well as

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the voter's certificates, numbered list of voters, and electors list have been sealed, the poll officers shall open the ballot box and take therefrom all ballots contained therein. In primaries in which more than one ballot box is used, any ballots or stubs belonging to another party holding its primary in the same polling place shall be returned to the ballot box for the party for which they were issued. In primaries, separate tally and return sheets shall be prepared for each party, and separate poll officers shall be designated by the chief manager to count and tally each party's ballot. Where the same ballot box is being used by one or more parties, the ballots and stubs shall first be divided by party before being tallied and counted. The ballots shall then be counted one by one and a record made of the total number. Then the chief manager, together with such assistant managers and other poll officers as the chief manager may designate, under the scrutiny of one of the assistant managers and in the presence of the other poll officers, shall read aloud the names of the candidates marked or written upon each ballot, together with the office for which the person named is a candidate, and the answers contained on the ballots to the questions submitted, if any; and the other assistant manager and clerks shall carefully enter each vote as read and keep account of the same in ink on a sufficient number of tally papers, all of which shall be made at the same time. All ballots, after being removed from the box, shall be kept within the unobstructed view of all persons in the voting room until replaced in the box. No person, while handling the ballots, shall have in his or her hand any pencil, pen, stamp, or other means of marking or spoiling any ballot. The poll officers shall immediately proceed to canvass and compute the votes cast and shall not adjourn or postpone the canvass or computation until it shall have been fully completed, except that, in the discretion of the superintendent, the poll officers may stop the counting after all contested races and questions are counted, provided that the results of these contested races and questions are posted for the information of the public outside the polling place and the ballots are returned to the ballot box and deposited with the superintendent until counting is resumed on the following day. (b) When the vote cast for the different persons named upon the ballots and upon the questions, if any, appearing thereon, shall have been fully recorded in the tally papers and counted, the poll officers shall duly certify to the number of votes cast for each person and question and shall prepare in ink a sufficient number of general returns. The general returns shall show, in addition to the entries made thereon as aforesaid, the total number of ballots received from the superintendent, the number of ballots cast, the number of ballots declared void, the number of ballots spoiled and canceled, and any blank ballots cast, as well as the votes cast for each candidate. At elections, the number of votes cast for each candidate by each political party or body of which such candidate is a nominee shall be separately stated.

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(c) In returning any votes cast for any person whose name is not printed on the ballot, the poll officers shall record any such names exactly as they were written on the ballot. (d) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his or her ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his or her choice for any nomination or office, his or her ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Unmarked ballots or ballots improperly or defectively marked so that the whole ballot is void shall be set aside and shall be preserved with other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted. (e) Any ballot marked by any other mark than a cross (X) or check ([UNK]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check ([UNK]) mark thereon is irregular in form. Notwithstanding any other provisions of this chapter to the contrary, if the voter has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate which he or she desires to receive his or her vote, his or her ballot shall be counted and such candidate shall receive his vote. (f) At elections, a ballot indicating a write-in vote for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([UNK]) mark is placed before the name of such person. 21-2-438. (a) Any ballot marked so as to identify the voter shall be void and not counted, except a ballot cast by a challenged elector whose name appears on the electors list; such challenged vote shall be counted as prima facie valid but may be voided in the event of an election contest. Any ballot marked by anything but pen or pencil shall be void and not

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counted. Any erasure, mutilation, or defect in the vote for any candidate shall render void the vote for such candidate but shall not invalidate the votes cast on the remainder of the ballot, if otherwise properly marked. If an elector shall mark his or her ballot for more persons for any nomination or office than there are candidates to be voted for such nomination or office, or if, for any reason, it may be impossible to determine his or her choice for any nomination or office, his or her ballot shall not be counted for such nomination or office; but the ballot shall be counted for all nominations or offices for which it is properly marked. Ballots not marked or improperly or defectively marked so that the whole ballot is void, shall be set aside and shall be preserved with the other ballots. In primaries, votes cast for candidates who have died, withdrawn, or been disqualified shall be void and shall not be counted. In elections, votes for candidates who have died or been disqualified shall be void and shall not be counted. (b) At elections, any ballot marked by any other mark than a cross (X) or check ([UNK]) mark in the spaces provided for that purpose shall be void and not counted; provided, however, that no vote recorded thereon shall be declared void because a cross (X) or check ([UNK]) mark thereon is irregular in form. A cross (X) or check ([UNK]) mark in the square opposite the names of the nominees of a political party or body for the offices of President and Vice President shall be counted as a vote for every candidate of that party or body for the offices of presidential electors. Any ballot indicating a write-in for any person whose name is not printed on the ballot and who properly gave notice of intent to run as a write-in candidate pursuant to Code Section 21-2-133 shall be counted as a vote for such person, if written in the proper space or spaces provided for that purpose, whether or not a cross (X) or check ([UNK]) mark is placed before the name of such person. (c) Notwithstanding any other provisions of this chapter to the contrary, if the elector has marked his or her ballot in such a manner that he or she has indicated clearly and without question the candidate for whom he or she desires to cast his or her vote, his or her ballot shall be counted and such candidate shall receive his or her vote, notwithstanding the fact that the elector in indicating his or her choice may have marked his or her ballot in a manner other than as prescribed by this chapter. 21-2-439. Decisions concerning questionable marks on ballots or defacing or mutilation of ballots and the count to be recorded thereon shall be made by the assistant managers; and, if they disagree, the chief manager shall make the decision. 21-2-440. (a) Immediately after the vote has been counted in precincts in which paper ballots are used, all of the general returns shall be signed by the

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poll officers. If any poll officer shall refuse to sign or certify the general returns, he or she shall write his or her reasons therefor upon the general return sheets. One of such returns shall be immediately posted for the information of the public outside the polling place or place of tabulation, one of such returns shall be returned sealed to the superintendent in an envelope prepared for the Secretary of State or the city clerk, and one shall be entrusted to the chief manager for delivery to the superintendent with the package of unused ballots and other election supplies in an envelope provided for that purpose. The poll officer shall then replace all the ballots cast, so counted and canvassed, in the ballot boxes, including those declared void, spoiled, and canceled, together with the voter's certificates, one set of the tally papers, one general return sheet, one numbered list of voters, sealed as provided in this subsection, and one oath of each poll officer, and lock and seal each ballot box so that nothing can be inserted therein until it is opened again; and the chief manager and an assistant manager shall immediately deliver the ballot boxes to the custody of the superintendent. The superintendent shall not compute any returns from any precinct until the ballot boxes therefor, as well as the package of unused ballots and other election supplies therefrom, are so delivered. (b) The tally papers, affidavits of voters and others, including oaths of poll officers, and one general return sheet shall be placed in separate envelopes to be provided for that purpose and sealed as soon as the count is finally completed. All of such envelopes and one numbered list of voters, previously sealed as provided in subsection (a) of this Code section, shall be entrusted to the chief manager to be delivered immediately to the superintendent. (c) Immediately upon completion of the count and tabulation of the votes cast, the electors list shall be sealed and returned by the chief manager to the superintendent, who shall transmit it to the registrars. Part 3 21-2-450. (a) In the precincts in which voting machines are used, the seals of the package furnished by the superintendent shall be publicly broken at the opening of the polls and such package shall be opened by the chief manager. Not less than three cards of instruction and notices of penalties, and not less than two diagrams of the face of the machine shall be immediately posted in or about the voting room outside the enclosed space; and such cards and notices of penalties shall be given to any elector at his or her request, so long as there are any on hand. The managers, before opening the envelope containing the keys which unlock the operating mechanism and registering counters or counter compartment of the voting machine, shall examine the number of the seal on the machine and the number registered on the protective

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counter or device and shall see whether they are the same as the numbers written on the envelope containing the keys. If either number shall be found not to agree, the envelope shall remain unopened until the poll officers shall have notified the proper custodian of voting machines, or the superintendent and until the custodian or some other person authorized by the superintendent shall have presented himself or herself at the polling place for the purpose of reexamining the machine and shall have certified that it is properly arranged. But, if the numbers on the seal and the protective counter or device shall both be found to agree with the numbers on the envelope, the envelope shall be opened, and where the voting machine provided is not equipped with a mechanism for printing paper proof sheets, the poll officers shall examine the registering counters and, for that purpose, shall open the doors concealing such counter, if the construction of the voting machine shall so require; and, before the polls are opened, each manager shall carefully examine every counter and shall see that it registers zero. When the voting machine provided is equipped with a mechanism for printing paper proof sheets and requires the simultaneous use of three keys to unlock the registering counters or counter compartment, the chief manager shall deliver one of the two keys to an assistant manager, to be retained by him or her, and shall then print at least two proof sheets, one of which each manager shall carefully examine to ascertain whether every counter registers zero and shall then preserve such proof sheets to be signed by them and returned to the superintendent, with the duplicate return sheet, and shall sign and post the other proof sheet upon the wall of the polling place, where it shall remain until the polls are closed. The key delivered by the chief manager to such assistant manager, as provided in this subsection, shall be retained by him or her until the polls have been closed; and the voting and counting mechanism of the machine shall have been locked and sealed against voting and shall then be returned to the chief manager, for return by him or her to the superintendent, as provided in this part. (b) If the ballot labels containing the names of officers, political parties and bodies, candidates, and questions shall not be in their proper places on the voting machine, the poll officers shall immediately notify the proper custodian of voting machines or the superintendent, and the machine shall not be used until the custodian or some other person authorized by the superintendent shall have supplied ballot labels as provided in this subsection. If the ballot labels for a voting machine shall not be delivered at the time required or, if after delivery, they shall be lost, destroyed, or stolen, the superintendent or custodian shall cause other ballot labels to be prepared, printed, or written, as nearly in the form of the official ballot labels as practicable, and shall cause such ballot labels to be used in the same manner, as nearly as may be, as the official ballot labels would have been used. (c) The managers shall sign a certificate showing:

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(1) The identifying number or other designation of the voting machine; (2) The delivery of the keys in a sealed envelope; (3) The number on the seal upon the machine; (4) The number registered on the protective counter or device; (5) That all the counters were set at zero; and (6) That the ballot labels are properly placed in the machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as provided in this part. (d) The machine shall remain locked against voting until the polls are opened and shall not be operated except by electors in voting. If any counter is found not to register zero, the poll officers shall immediately notify the custodian or the superintendent, who shall, if practicable, adjust or cause the counters to be adjusted at zero; but, if it shall be found impracticable for the custodian or other person authorized by the superintendent to arrive in time so as to adjust such counters before the time set for opening the polls, the poll officers shall immediately make a written record of the designation or designating letter or number of such counter, together with the number registered thereon (called the initial number below) and shall sign and post the same upon the wall of the polling place, where it shall remain until the polls are closed; provided, however, that if the voting machine used is equipped with a mechanism for printing paper proof sheets, in any case where any counter is shown by such proof sheet not to register zero, if it shall be found impracticable to have such counter adjusted before the time set for opening the polls, the poll officer shall sign such printed proof sheet and post the same upon the wall of the polling place where it shall remain until the polls are closed; and, in filling out the returns of the election, if the final number of such counter is greater than the initial number, the poll officers shall subtract the initial number from the final number and enter the difference on the returns as the vote for the candidate or on the question represented by such counter; if the final number of such counter is less than the initial number, the poll officers shall add 1,000 to the final number, shall subtract the initial number from the sum so ascertained, and shall enter upon the returns as the vote for the candidate or on the question represented by such counter the final plus 1,000 less the initial number. (e) The exterior of the voting machine and every part of the polling place shall be in plain view of the poll officers. The voting machine shall be located at the polling place, at least six feet back of the guardrail or barrier, in such a position that, unless its construction shall require otherwise, the ballot labels on the face of the machine can be seen

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plainly by the poll officers when the machine is not occupied by an elector. (f) The poll officers shall not themselves be, nor allow any other person to be, in any position that will permit anyone to see or ascertain how an elector votes or how he or she has voted. A poll officer shall inspect the face of the machine at least once every hour during the time when the polls are open to see that the ballot labels are in their proper places and that the machine has not been damaged or tampered with. (g) If during the primary or election a voting machine becomes inoperative in such manner that it cannot be readily repaired without exposing the count on the candidate counters, the poll officer shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation. Upon the close of the polls, the poll officers shall perform their duties set forth in Code Sections 21-2-454 through 21-2-457 with respect to such machine. If necessary, because of the lack of another machine or other machines for use by the electors, after a voting machine becomes inoperative, paper ballots shall be used. 21-2-451. (a) At every primary and election, each elector who desires to vote shall first execute a voter's certificate and hand the same to the poll officer in charge of the electors list. When an elector has been found entitled to vote, the poll officer who examined his or her voter's certificate shall sign his or her name or initials on the voter's certificate and shall, if the voter's signature is not readily legible, print such voter's name under his or her signature. As each elector is found to be qualified and votes, the poll officers shall check off the elector's name on the electors list and shall enter the number of the stub of the ballot issued to him or her, or his or her number in the order of admission to the voting machines, on the voter's certificate of such elector. As each elector votes, his or her name in the order of voting shall be recorded in the numbered list of voters provided for that purpose. (b) If any elector was unable to sign his or her name at the time of registration or, if having been able to sign his or her name when registered, he or she subsequently shall have become, through physical disability, unable to sign his or her name when he or she applied to vote, he or she shall establish his or her identity to the satisfaction of the poll officers; and in such case he or she shall not be required to sign a voter's certificate, but a certificate shall be prepared for him or her by a poll officer, upon which the facts as to such disability shall be noted and attested by the signature of such poll officer. (c) Except as provided in Code Sections 21-2-218 and 21-2-386, no person shall vote at any primary or election at any polling place outside the precinct in which such person resides, nor shall such person vote in

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the precinct in which such person resides unless such person has been registered as an elector and such person's name appears on the electors list of such precinct. 21-2-452. (a) No elector shall enter the enclosed space behind the guardrail provided for in subsection (a) of Code Section 21-2-267 until he or she is found entitled to vote, after which he or she shall be admitted to the voting machine booth as soon as it is vacant and shall be permitted to vote. (b) At primaries, before an elector is admitted to the voting machine, it shall be adjusted by the poll officer in charge thereof so that such elector will only be able to vote for the candidates of the party in whose primary he or she is then participating. (c) At primaries or elections, an elector shall vote for each candidate individually by operating the key, handle, pointer, or knob upon or adjacent to which the name of such candidate is placed. In the case of a question submitted to the vote of the electors, the elector shall operate the key, handle, pointer, or knob corresponding to the answer which he or she desires to give. (d) An elector may, at any election, vote for any person for any office, for which office his or her name does not appear upon the voting machine as a candidate, by a write-in ballot containing the name of such person, such ballot to be deposited, written, or affixed (but not by the use of a sticker or paster) in or upon the appropriate receptacle or device provided in or on the machine for that purpose, and in no other manner. Where two or more persons are to be elected to the same office and the names of such candidates are placed upon or adjacent to a single key, handle, pointer, or knob, and the voting machine requires that all write-in ballots voted for that office be deposited, written, or affixed in or upon a single receptacle or device, an elector may vote in or by such receptacle or device for one or more persons whose names do not appear upon the machine, with or without the name of one or more persons whose names do so appear. With these exceptions, no write-in ballot shall be cast on a voting machine for any person for any office if the person's name appears on the machine as a candidate for that office, and any ballot so cast shall be void and not counted. No elector shall be permitted to cast a write-in ballot in a municipal primary. (e) At any general election at which presidential electors are to be chosen, each elector shall be permitted to vote by one operation for all the presidential electors of a political party or body. For each party or body nominating presidential electors, a ballot label shall be provided containing only the words `Presidential Electors,' preceded by the name of the party or body and followed by the names of the candidates thereof for the office of President and Vice President, and the corresponding

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counter or registering device shall register votes cast for such presidential electors when thus voted for collectively. If an elector desires to vote a ticket for presidential electors made up of the names of persons nominated by different parties or bodies, or partially of names of persons so in nomination and partially of names of persons not in nomination by any party or body, or wholly of names of persons not in nomination by any party or body, he or she may write or deposit a paper ballot prepared by himself or herself in the receptacle provided in or on the machine for the purpose. The machine shall be so constructed that it will not be possible for any one elector to vote a straight party or body ticket for presidential electors and at the same time to deposit a ballot for presidential electors in such receptacle. When the votes for presidential electors are counted, the votes appearing upon the counter or registering device corresponding to the ballot label containing the names of the candidates for President and Vice President of any party or body shall be counted as votes for each of the candidates for presidential elector of such party or body; and thereupon all candidates for presidential elector shall be credited, in addition, with the votes cast for them upon the ballots deposited in the machine, as provided in this Code section. (f) As soon as the elector has adjusted the voting machine so that it will record his or her choice for the various candidates to be voted for and his or her answers to the various questions are submitted, he or she shall operate the recording mechanism and immediately leave the voting machine booth. (g) If an elector's right to vote has been challenged pursuant to Code Section 21-2-230, the elector shall not be permitted to vote on the voting machine but shall vote by ballot in the manner prescribed by this chapter. (h) The superintendent shall make paper ballots available for disabled electors who, due to their disability, are unable to vote on a voting machine. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such disabled elector to vote in private. 21-2-453. After each elector has been admitted to vote, his or her voter's certificate shall be inserted in the binder provided therefor and known as the `voter's certificate binder.' Such voter's certificates so bound shall constitute the official list of electors voting at such primary or election. All voter's certificates prepared by persons applying to vote whose applications to vote are refused by the poll officers shall be separately preserved and returned to the superintendent with the other papers. 21-2-454.

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(a) As soon as the polls are closed and the last elector has voted, the poll officers shall immediately lock and seal the operating lever or mechanism of the machine so that the voting and counting mechanism will be prevented from operation, and they shall then sign a certificate stating: (1) That the machine has been locked against voting and sealed; (2) The number, as shown on the public counter; (3) The number on the seal which they have placed upon the machine; (4) The number registered on the protective counter or device; and (5) The number or other designation of the voting machine, which certificate shall be returned by the chief manager to the superintendent with the other certificates, as provided in this part. (b) The poll officers shall then compare the number, as shown by the public counter of the machine, with the number of names appearing on the numbered list of voters, the electors list, and voter's certificates, which shall then be placed in separate packages, containers, or envelopes and sealed. 21-2-455. (a) If the type of voting machine provided shall require the counters to be seen in order to enable the poll officers to canvass the vote, the poll officers, in the presence of all persons within the polling place, shall then make visible the registering counters and, for that purpose, shall unlock and open the doors, or other covering concealing the same, giving full view of all the counter numbers. If the voting machine is equipped with a mechanism for printing paper proof sheets the poll officers shall immediately print not less than four proof sheets and as many more as may be requested by those present, to the extent of the machine's capacity. The chief manager and an assistant manager shall then, under the scrutiny of the other assistant manager, and in the order of the offices as their titles are arranged on the machine, read from the counters or from one of the proof sheets, as the case may be, and announce, in distinct tones, the designation or designating number and letter on each counter for each candidate's name, the result as shown by the counter numbers, the votes recorded for each office for persons other than nominated candidates, and the designation or designating numbers and letters on each counter, and the results as shown by the counter numbers for and against each question voted on. The counters shall not be read consecutively along the party or body rows or columns but shall always be read along the office columns or rows, completing the canvass for each office or question before proceeding to the next. (b) The vote as registered shall be entered by the poll officers, in ink, on duplicate return sheets and also on a general return sheet and statement,

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all of which, after the canvass is completed, shall be signed by the poll officers. If any poll officer shall refuse to sign or certify the general or duplicate return sheets or statement, he or she shall write his or her reasons therefor upon such sheets. The vote for presidential electors shall be computed and returned as provided in subsection (e) of Code Section 21-2-452. If more than one voting machine is used in any precinct, the vote registered on each machine shall be ascertained in like manner and separately entered in appropriate spaces on the general and duplicate return sheets and statement. The total vote cast for each candidate and for and against each question shall then be computed and entered on the general and duplicate return sheets and statement. There shall also be entered on the general return sheet and statement the number of electors who have voted, as shown by the numbered list of voters, electors list, and voter's certificates, and the number on each machine, as shown by the public counters. The number registered on the protective counter or device on each machine immediately prior to the opening of the polls and immediately after the closing thereof and sealing of the machine and the number or other designation of each machine used shall also be entered thereon. In the case of primaries, duplicate return sheets shall be prepared as for other elections. The registering counters of the voting machine or the paper proof sheets, as the case may be, shall remain exposed to view until the said returns and all other reports have been fully completed and checked by the poll officers. During such time, anyone who may desire to be present shall be admitted to the polling place. (c) The proclamation of the result of the votes cast shall be announced distinctly and audibly by the chief manager, who shall read the name of each candidate, the designation or designating numbers and letters of his or her counters, and the vote registered on each counter, as well as the vote cast for and against each question submitted. During such proclamation, ample opportunity shall be given to any person lawfully present to compare the results so announced with the counter dials of the machine or with the paper proof sheets, as the case may be, and any necessary corrections shall then and there be made by the poll officers, after which the doors or other cover of the voting machine shall be closed and locked. Any ballots written, deposited, or affixed in or upon the voting machine shall be enclosed in properly sealed packages and properly endorsed and shall be delivered by the chief manager as provided in this part. The chief manager shall promptly deliver to the superintendent or his or her representative the keys of the voting machine, enclosed in a sealed envelope, if the construction of the voting machine shall permit their separate return. Such envelope shall have endorsed thereon a certificate of the poll officers stating the number of the machine, the precinct where it has been used, the number on the seal, and the number on the protective counter or device at the close of the polls.

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(d) The poll officers, on the returns provided for in this Code section, shall record any votes which have been cast by means of a write-in ballot for a person whose name is not printed on the ballot labels. In returning any such votes which have been written, deposited, or affixed upon receptacles or devices provided for the purpose, the poll officers shall record any such names exactly as they were written, deposited, or affixed. 21-2-456. (a) The general return sheets, duplicate return sheets, and statement shall be printed to conform with the type of voting machine used and in form approved by the Secretary of State. The designating number and letter, if any, on the counter for each candidate shall be printed thereon opposite the candidate's name. Immediately after the vote has been ascertained, the statement thereof shall be posted on the door of the polling place. Duplicate return sheets, voter's certificates, numbered list of voters, oaths of poll officers, and affidavits of voters and others shall be sealed and given to the chief manager, who shall deliver them, together with the general return sheet and the package of ballots deposited, written, or affixed in or upon the voting machine, to the superintendent. The voter's certificates, rejected voter's certificates, and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. If the type of voting machine is equipped with a mechanism for printing paper proof sheets, one of such proof sheets shall be posted on the door of the polling place with such statement; one shall be returned with a precinct return sheet sealed in an envelope prepared for the Secretary of State; one shall be placed in the envelope and delivered with the general return sheet; and one shall be sealed in the envelope with the duplicate return sheets and delivered by the chief manager to the superintendent. The printed proof sheet returned with the general return sheet and the printed proof sheet returned with the duplicate return sheet shall each be part of the return of the primary or election. (b) Immediately upon the completion of the count and tabulation of the vote cast, the electors list shall be sealed and returned immediately by the chief manager to the superintendent, who shall transmit it to the registrars. 21-2-457. As soon as possible after the completion of the count in precincts in which voting machines are used, the superintendent shall have the voting machines removed to the place of storage provided for in this chapter. The voting machines shall remain locked against voting for the period of ten days next following each primary and election, and as much longer as may be necessary or advisable because of any existing or

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threatened contest over the result of the primary or election, with due regard for the date of the next following primary or election, except that they may be opened and all the data and figures therein examined under this chapter, by order of any superior court of competent jurisdiction, or by direction of any legislative committee to investigate and report upon contested primaries or elections affected by the use of such machines. Such data and such figures shall be examined by such committee in the presence of the officer having the custody of such machines. Part 4 21-2-470. (a) In precincts in which vote recorders are used, the procedure for an elector to obtain a ballot card, to record his or her vote thereon, and to deposit his or her ballot card in the ballot box shall conform to the procedure prescribed in this chapter for paper ballots insofar as practicable. (b) If an elector shall ask for instructions concerning the manner of voting, a poll officer may give him or her such instructions, but no person giving an elector such instructions shall in any manner request, suggest, or seek to persuade or induce any such elector to vote any particular ticket or for any particular candidate or for or against any particular question. After giving such instructions and before the elector closes the booth or votes, the poll officer shall retire and the elector shall immediately vote. (c) If an elector spoils or defaces a ballot card or write-in ballot, he or she shall return it to the managers and receive another. A manager shall immediately cancel the spoiled ballot by writing the word `spoiled' across said ballot and shall place it in the container for spoiled ballots. (d) After marking the ballot card, the elector shall then leave the compartment and exhibit his or her ballot card number strip to a poll officer. The elector, unless his or her vote is challenged, shall remove the number strip in the presence of a poll officer before depositing the ballot card in the ballot box. If the vote is challenged, then the ballot card with the number strip attached shall be placed in an envelope marked `challenged,' provided for that purpose. (e) The poll officers shall inspect the face of the vote recorder and the ballot labels at least once every hour during the time when the polls are open to determine that the recorder and the ballot labels have not been damaged or tampered with. (f) The number strip shall either be deposited in the stub box or placed upon a spindle file maintained by the poll officer for such purpose, and the number strips shall be retained with the ballots and other stubs. (g) The superintendent shall have at least one voting booth in each precinct modified or shall make paper ballots available for disabled

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electors who, due to their disability, are unable to vote on a vote recorder in a regular voting booth. Absentee ballots may be used for this purpose. The superintendent shall provide sufficient accommodations to permit such a disabled elector to vote in private. (h) If any vote recorder becomes damaged so as to render it inoperative in whole or in part, the chief manager shall promptly notify the superintendent or custodian, who shall have such vote recorder repaired or replaced. 21-2-471. (a) In primaries and elections in which vote recorders have been used, the ballot cards shall be counted at one or more tabulating machine centers under the direction of the superintendent. All persons who perform any duties at the tabulating machine center shall be deputized by the superintendent, and only persons so deputized shall touch any ballot card, container, paper, or machine utilized in the conduct of the count or be permitted to be inside the area designated for officers deputized to conduct the count. (b) All proceedings at a tabulating machine center shall be open to the view of the public, but no person except one employed and designated for the purpose by the superintendent or his or her authorized deputy shall touch any ballot cards or ballot card container. (c) At the tabulating machine center, the seal on each container of ballot cards shall be inspected, and it shall be certified that the seal has not been broken before the container is opened. The ballot cards and other contents of the container shall then be removed, and the ballot cards shall be prepared for processing by the tabulating machine. The ballot cards of each polling place shall be plainly identified and not commingled with the ballot cards of other polling places. (d) Each write-in vote shall be examined to ascertain whether it is valid by checking with the vote cast on the ballot card by the same elector. If any vote on the write-in ballot in combination with the vote cast for the same office on the ballot card exceeds the allowed number for the office, the entire vote cast for that office shall be marked void and shall not be counted. In the discretion of the superintendent, either a duplicate ballot card shall be made on which any invalid vote shall be omitted or the write-in ballot and the ballot card shall be counted in such manner as may be prescribed by State Election Board rules, omitting the invalid vote. (e) If it appears that a ballot card is so torn, bent, or otherwise defective that it cannot be processed by the tabulating machine, the superintendent, in his or her discretion, may either order that the ballot card be counted in the same manner as paper ballots are counted or order the proper election official at the tabulating center to prepare a true

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duplicate copy for processing with the ballot cards of the same polling place, which shall be verified in the presence of a witness. All duplicate cards shall be red in color, shall be clearly labeled by the word `duplicate,' shall bear the designation of the polling place, and shall be given the same serial number as the defective card. The defective ballot card shall be attached to the duplicate and shall remain therewith at all times except for that period of time during which it is being processed by the tabulating machine. (f) The official returns of the votes cast on ballot cards at each polling place shall be printed by the tabulating machine, to which shall be added the votes of absentee electors and write-in votes. The returns thus prepared shall be certified and promptly posted as provided by this chapter for paper ballots. The official returns for the primary or election may be printed by the tabulating machine, to which are added the tally of write-in and absentee votes, and shall be canvassed and certified as provided by this chapter. The ballot cards, write-in ballots, spoiled, defective, and invalid ballot cards, and returns shall be filed and retained in same manner as provided by this chapter for paper ballots. (g) The final canvass of the votes cast on vote recorders and counted by tabulating machines in a primary or election may be made by adding the results as determined by the superintendent to the results of the canvass of votes cast by absentee electors and write-in votes and making the statement of the vote in the manner provided for the particular primary or election. If paper ballots or voting machines are used in part of the county for all or a part of the primary or election, such votes shall be canvassed in the manner provided by this chapter and shall be added to the votes cast on ballot cards as provided by this chapter. 21-2-472. Upon completion of the count of write-in votes, the manager shall prepare and sign a return, in sufficient counterparts, showing: (1) The number of valid ballot cards, including any that are damaged; (2) The number of write-in ballots voted and the tally of the write-in votes; (3) The number of spoiled and invalid ballot cards; and (4) The number of unused ballot cards. The manager shall then place one copy of the return, the voted ballot cards, defective, spoiled, and invalid ballot cards, and write-in ballots, each enclosed in an envelope, in the ballot card container, which shall be sealed and signed by the manager so that it cannot be opened without breaking the seal. The voter's certificates, rejected voter's certificates, and oaths of assisted voters shall be sealed in a separate envelope addressed to the board of registrars and bearing a list of its contents on

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the outside. This envelope shall be immediately delivered by the managers into the custody of the superintendent. The managers shall then deliver in the custody of at least two poll officers the container to the tabulating machine center or other place designated by the superintendent and shall receive a receipt therefor. The remaining copies of the returns, unused ballot cards, records, vote recorders, and other materials shall be returned in the same manner as similar materials in precincts in which voting machines and paper ballots are used. 21-2-473. As soon as the polls are closed and the last elector has voted in precincts in which vote recorders are used, the poll officers shall: (1) Place the vote recorders under lock or seal; (2) Count and record on return sheets, in ink, in triplicate, the number of persons voting as shown on the numbered list of voters; the number of ballots unused; the number of ballots issued to electors as shown by the stubs; and the number of ballots spoiled and returned by electors and canceled; and if any differences exist they shall be reconciled, if possible; otherwise they shall be noted on the returns; (3) As soon as all votes are accounted for, seal the unused and void, spoiled, or canceled ballots in separate envelopes with the number noted on the outside; (4) Open each ballot box and count the number of ballots cast; (5) Examine the ballot cards and separate those ballots containing write-in votes; (6) Place the remaining ballot cards in the ballot container to be taken to the tabulating machine center or centers, as designated by the superintendent; (7) Record in ink the designation of the polling place and a serial number on all write-in ballots, starting with the number one, and place the same number on the ballot card voted by the same elector, so that write-in ballots may be identified with the corresponding ballot cards; (8) After the write-in ballots have been so marked, place the write-in ballots in an envelope marked `Write-in Ballots' and designate the polling place and the number of write-in ballots contained therein on such envelope, which shall be sealed and signed by the managers and placed in the ballot container with the other ballot cards; (9) Place any ballot card that is so torn, bent, or mutilated that it may not be counted by the tabulating machine in an envelope marked `Defective Ballots' and place the envelope in the container with other ballot cards; and

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(10) In the event that paper ballots are used in conjunction with ballot cards, conduct the counting of the paper ballots as provided by this chapter. ARTICLE 12 21-2-490. (a) Each superintendent shall cause his or her office to remain open during the entire duration of each primary and election and after the close of the polls, until all the ballot boxes and returns have been received in the office of the superintendent or received in such other place as has been designated by him or her. (b) The chairperson of the county board of registrars shall cause his or her office to remain open during the entire duration of each primary and election and after the close of the polls, until completion of the duties of said board. The provisions of this subsection shall not apply with respect to such offices in counties of this state having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census. 21-2-491. The general returns from the various precincts which have been returned unsealed shall be open to public inspection at the office of the superintendent as soon as they are received from the chief managers. None of the envelopes sealed by poll officers and entrusted to the chief manager for delivery to the superintendent shall be opened by any person except by order of the superintendent or of a court of competent jurisdiction. 21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse or city hall, of the time and place when and where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements

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of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner. 21-2-493. (a) The superintendent shall, at or before 12:00 Noon on the day following the primary or election, at his or her office or at some other convenient public place at the county seat or in the municipality, of which due notice shall have been given as provided by Code Section 21-2-492, publicly commence the computation and canvassing of the returns and continue the same from day to day until completed. For this purpose the superintendent may organize his or her assistants into sections, each of which may simultaneously proceed with the computation and canvassing of the returns from various precincts of the county or municipality in the manner provided by this Code section. Upon the completion of such computation and canvassing, the superintendent shall tabulate the figures for the entire county or municipality and sign, announce, and attest the same, as required by this Code section. (b) The superintendent, before computing the votes cast in any precinct, shall compare the registration figure with the certificates returned by the poll officers showing the number of persons who voted in each precinct or the number of ballots cast. If, upon consideration by the superintendent of the returns and certificates before him or her from any precinct, it shall appear that the total vote returned for any candidate or candidates for the same office or nomination or on any question exceeds the number of electors in such precinct or exceeds the total number of persons who voted in such precinct or the total number of ballots cast therein, such excess shall be deemed a discrepancy and palpable error and shall be investigated by the superintendent; and no votes shall be recorded from such precinct until an investigation shall be had. Such excess shall authorize the summoning of the poll officers to appear immediately with any primary or election papers in their possession. The superintendent shall then examine all the registration and primary or election documents whatever relating to such precinct in the presence of representatives of each party, body, and interested candidate. Such examination may, if the superintendent deems it necessary, include a recount or recanvass of the votes of that precinct and a report of the facts of the case to the district attorney where such action appears to be warranted. (c) In precincts in which paper ballots or vote recorders have been used, the superintendent may require the production of the ballot box and the recount of the ballots contained in such ballot box, either generally or

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respecting the particular office, nomination, or question as to which the excess exists, in the discretion of the superintendent, and may require the correction of the returns in accordance with the result of such recount. If the ballot box is found to contain more ballots than there are electors registered in such precinct or more ballots than the number of voters who voted in such precinct at such primary or election, the superintendent may, in his or her discretion, exclude the poll of that precinct, either as to all offices, candidates, questions, or parties and bodies or as to any particular offices, candidates, questions, or parties and bodies, as to which such excess exists. (d) In precincts in which voting machines have been used, the superintendent may require a recanvass of the votes recorded on the machines used in the precinct, as provided in Code Section 21-2-495. (e) In precincts in which paper ballots or vote recorders have been used, the general returns made by the poll officers from the various precincts shall be read one after another in the usual order, slowly and audibly, by one of the assistants who shall, in each case of a return from a precinct in which ballots were used, read therefrom the number of ballots issued, spoiled, canceled, and cast, respectively, whereupon the assistant having charge of the records of the superintendent showing the number of ballots furnished for each precinct, including the number of stubs and unused ballots and spoiled and canceled ballots returned, shall publicly announce the number of the same respectively; and, unless it appears by such number or calculations therefrom that such records and such general return correspond, no further returns shall be read from the latter until all discrepancies are explained to the satisfaction of the superintendent. (f) In precincts in which voting machines have been used, there shall be read from the general return the identifying number or other designation of each voting machine used and the numbers registered on the protective counter or device on each machine prior to the opening of the polls and immediately after the close of the same, whereupon the assistant having charge of the records of the superintendent showing the number registered on the protective counter or device of each voting machine prior to delivery at the polling place shall publicly announce the numbers so registered; and, unless it appears that such records and such general return correspond, no further returns shall be read from the latter until any and all discrepancies are explained to the satisfaction of the superintendent. (g) In precincts in which paper ballots have been used, when the records agree with such returns regarding the number of ballots and the number of votes recorded for each candidate, such votes for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return which has been returned unsealed; and the figures announced shall be compared by other assistants with the

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general return which has been returned sealed. The figures announced for all precincts shall be compared by one of the assistants with the tally papers from the respective precincts. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, tally papers, and other papers in his or her possession relating to the same precinct. If the tally papers and sealed general return sheet agree, the unsealed general return shall be immediately corrected to conform thereto. In every other case the superintendent shall immediately cause the ballot box of the precinct to be opened and the vote therein to be recounted in the presence of interested candidates or their representatives; and, if the recount shall not be sufficient to correct the error, the superintendent may summon the poll officers to appear immediately with all election papers in their possession. (h) In precincts in which voting machines have been used, when the records agree with the returns regarding the number registered on the voting machine, the votes recorded for each candidate shall be read by an assistant slowly, audibly, and in an orderly manner from the general return sheet which has been returned unsealed; and the figures announced shall be compared by other assistants with the duplicate return sheet which has been returned sealed. If the voting machine is of the type equipped with a mechanism for printing paper proof sheets, such general and duplicate return sheets shall also be compared with such proof sheets, which have been returned as aforesaid. If any discrepancies are discovered, the superintendent shall examine all of the return sheets, proof sheets, and other papers in his or her possession relating to the same precinct. Such proof sheets shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and, if the proper proof sheets, properly identified, shall be mutually consistent and if the general and duplicate returns or either of such returns from such precinct shall not correspond with such proof sheets, they shall be corrected so as to correspond with such proof sheets in the absence of allegation of specific fraud or error proved to the satisfaction of the superintendent. (i) If any error or fraud is discovered, the superintendent shall compute and certify the votes justly, regardless of any fraudulent or erroneous returns presented to him or her, and shall report the facts to the appropriate district attorney for action. (j) The superintendent shall see that the votes shown by each absentee ballot are added to the return received from the precinct of the elector casting such ballot. (k) As the returns from each precinct are read, computed, and found to be correct or corrected as aforesaid, they shall be recorded on the blanks prepared for the purpose until all the returns from the various precincts which are entitled to be counted shall have been duly recorded; then they shall be added together, announced, and attested by the assistants

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who made and computed the entries respectively and shall be signed by the superintendent. The consolidated returns shall then be certified by the superintendent in the manner required by this chapter. (1) In such case where the results of an election contest change the returns so certified, a corrected return shall be certified and filed by the superintendent which makes such corrections as the court orders. 21-2-494. The superintendent, in computing the votes cast at any election, shall compute and certify only those write-in votes cast for candidates who have given proper notice of intent to be write-in candidates pursuant to Code Section 21-2-133 exactly as such names were written by the elector. 21-2-495. (a) In precincts where paper ballots or vote recorders have been used, the superintendent may, either of his or her own motion or upon petition of any candidate or political party, order the recount of all the ballots for a particular precinct or precincts for one or more offices in which it shall appear that a discrepancy or error, although not apparent on the face of the returns, has been made. Such recount may be held at any time prior to the certification of the consolidated returns by the superintendent and shall be conducted under the direction of the superintendent. Before making such recount, the superintendent shall give notice in writing to each candidate and to the county or municipal chairperson of each party or body affected by the recount. Each such candidate may be present in person or by representative, and each such party or body may send two representatives to be present at such recount. If upon such recount, it shall appear that the original count by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly. (b) In precincts where voting machines have been used, whenever it appears that there is a discrepancy in the returns recorded for any voting machine or machines or that an error, although not apparent on the face of the returns, exists, the superintendent shall, either of his or her own motion or upon the sworn petition of three electors of any precinct, order a recanvass of the votes shown on that particular machine or machines. Such recanvass may be conducted at any time prior to the certification of the consolidated returns by the superintendent. In conducting such recanvass, the superintendent shall summon the poll officers of the precinct; and such officers, in the presence of the superintendent, shall make a record of the number of the seal upon the voting machine or machines and the number of the protective counter or other device; shall make visible the registering counters of each such machine; and, without unlocking the machine against voting, shall recanvass the vote thereon. Before making such recanvass, the superintendent shall give notice in writing to the custodian of voting machines,

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to each candidate, and to the county or municipal chairperson of each party or body affected by the recanvass. Each such candidate may be present in person or by representative, and each of such parties or bodies may send two representatives to be present at such recanvass. If, upon such recanvass, it shall be found that the original canvass of the returns has been correctly made from the machine and that the discrepancy still remains unaccounted for, the superintendent, with the assistance of the custodian, in the presence of the poll officers and the authorized candidates and representatives, shall unlock the voting and counting mechanism of the machine and shall proceed thoroughly to examine and test the machine to determine and reveal the true cause or causes, if any, of the discrepancy in returns from such machine. Each counter shall be reset at zero before it is tested, after which it shall be operated at least 100 times. After the completion of such examination and test, the custodian shall then and there prepare a statement, in writing, giving in detail the result of the examination and test; and such statement shall be witnessed by the persons present and shall be filed with the superintendent. If, upon such recanvass, it shall appear that the original canvass of the returns by the poll officers was incorrect, such returns and all papers being prepared by the superintendent shall be corrected accordingly; provided, however, that in the case of returns from any precinct wherein the primary or election was held by the use of a voting machine equipped with a mechanism for printing paper proof sheets, such proof sheets, if mutually consistent, shall be deemed to be prima-facie evidence of the result of the primary or election and to be prima facie accurate; and there shall not be considered to be any discrepancy or error in the returns from any such precinct, such as to require a recanvass of the vote, if all available proof sheets, from the voting machine used therein, identified to the satisfaction of the superintendent and shown to his or her satisfaction to have been produced from proper custody, shall be mutually consistent; and, if the general and duplicate returns, or either of such returns from such precincts shall not correspond with such proof sheets, they and all other papers being prepared by the superintendent shall be corrected so as to correspond with such proof sheets in the absence of allegation of specific fraud or error proved to the satisfaction of the superintendent by the weight of the evidence; and only in such case shall the vote of such precinct be recanvassed under this Code section. (c) Whenever the difference between the number of votes received by a candidate who has been declared nominated for an office in a primary election or who has been declared elected to an office in an election or who has been declared eligible for a run-off primary or election, and the number of votes received by any other candidate or candidates not declared so nominated or elected or eligible for a runoff shall be not more than 1 percent of the total votes which were cast for such office therein, any such candidate or candidates receiving a sufficient number

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of votes so that the difference between his or her vote and that of a candidate declared nominated, elected, or eligible for a runoff is not more than 1 percent of the total votes cast, within a period of five days following the certification of the election results, shall have the right to a recount of the votes cast, if such request is made in writing by the losing candidate. If the office sought is a federal or state office voted upon by the electors of more than one county, the request shall be made to the Secretary of State who shall notify the superintendents of the several counties involved of the request. In all other cases, the request shall be made to the superintendent. The superintendent or superintendents shall order a recount of such votes to be made immediately. If, upon such recount, it is determined that the original count was incorrect, the returns and all papers prepared by the superintendent, the superintendents, or the Secretary of State shall be corrected accordingly and the results recertified. (d) Any other provision of this Code section to the contrary notwithstanding, a candidate for a federal or state office voted upon by the electors of more than one county may petition the Secretary of State for a recount or recanvass of votes, as appropriate, when it appears that a discrepancy or error, although not apparent on the face of the returns, has been made. The recount or recanvass may be ordered in the discretion of the Secretary of State in any and all counties in which electors voted for such office, and said recount or recanvass may be held at any time prior to the certification of the consolidated returns by the Secretary of State. A recount or recanvass shall be conducted by the appropriate superintendent or superintendents in the manner and pursuant to the procedures otherwise provided in this Code section for a recount or recanvass, as appropriate. The petition pursuant to this Code section shall be in writing and signed by the person or persons requesting the recount or recanvass. A petition shall set forth the discrepancies or errors and any evidence in support of the petitioner's request for a recount or recanvass and shall be verified. The Secretary of State may require the petitioner or other persons to furnish additional information concerning the apparent discrepancies or errors in the counting or canvassing of votes. 21-2-496. (a) Each superintendent shall prepare four copies of the consolidated return of the primary to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at the county courthouse or city hall for the information of the public; (2) One copy to be filed in the superintendent's office; (3) One copy to be forwarded to the Secretary of State together with a copy of each precinct return, the numbered list of voters of each

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precinct, and the returns and the numbered list of voters for absentee electors; and (4) One copy to be sealed and filed with the clerk of the superior court as required by Code Section 21-2-500. (b) The Secretary of State is authorized to provide a method by which the election superintendent can file the results of primaries and elections electronically. Once the Secretary of State provides such a method of filing, the election superintendent shall file a copy of the election returns electronically in the manner prescribed by the Secretary of State in addition to the filing provided in subsection (a) of this Code section. The Secretary of State is authorized to promulgate such rules and regulations as necessary to provide for such an electronic filing. 21-2-497. Each superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at the county courthouse for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) One copy to be sealed and filed with the clerk of the superior court as required by Code Section 21-2-500; and (4) One copy to be returned as follows: (A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of elections for any county officer or other officer required by law to be commissioned by the Governor in any of the several counties of this state, it shall be the duty of the superintendent to transmit immediately to the Secretary of State a certified copy of the returns of all such offices; (C) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications;

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(D) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; or (E) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. 21-2-498. Reserved. 21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. (b) The Secretary of State shall not count, tabulate, or publish the names of any write-in candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133. 21-2-500. (a) Immediately upon completing the returns required by this article, in the case of elections other than municipal elections, the superintendent shall deliver in sealed containers to the clerk of the superior court or, if designated by the clerk of the superior court, to the county records manager or other office or officer under the jurisdiction of a county governing authority which maintains or is responsible for records, as provided in Code Section 50-18-99, the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design,

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computer programming decks for ballot tabulation programs, and similar items. The clerk, county records manager, or the office or officer designated by the clerk shall hold such ballots and other documents under seal, unless otherwise directed by the superior court, for at least 24 months, after which time they shall be presented to the grand jury for inspection at its next meeting. Such ballots and other documents shall be preserved in the office of the clerk, county records manager, or officer designated by the clerk until the adjournment of such grand jury, and then they may be destroyed, unless otherwise provided by order of the superior court. (b) The superintendent shall retain all unused ballots for 30 days after the election or primary and, if no challenge or contest is filed prior to or during that period that could require future use of such ballots, may thereafter destroy such unused ballots. If a challenge or contest is filed during that period that could require the use of such ballots, they shall be retained until the final disposition of the challenge or contest and, if remaining unused, may thereafter be destroyed. (c) Immediately upon completing the returns required by this article, the municipal superintendent shall deliver in sealed containers to the city clerk the used and void ballots and the stubs of all ballots used; one copy of the oaths of poll officers; and one copy of each numbered list of voters, tally paper, voting machine paper proof sheet, and return sheet involved in the primary or election. In addition, the municipal superintendent shall deliver copies of the voting machine and vote recorder ballot labels, computer chips containing ballot tabulation programs, copies of computer records of ballot design, computer programming decks for ballot tabulation programs, and similar items. Such ballots and other documents shall be preserved under seal in the office of the city clerk for at least 24 months; and then they may be destroyed unless otherwise provided by order of the mayor and council if a contest has been filed or by court order, provided that the electors list, voter's certificates, and duplicate oaths of assisted electors shall be immediately returned by the superintendent to the county or municipal registrar as appropriate. 21-2-501. (a) Except as otherwise provided in this Code section, no candidate shall be nominated for public office in any primary or elected to public office in any special election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. In instances where no candidate receives a majority of the votes cast, a run-off primary or special election runoff between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such run-off primary or special election runoff shall be held on the twenty-first day after the day of holding the preceding primary or special election, provided that, unless

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postponed by court order, a runoff in the case of a special primary or special election shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special primary or special election, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such run-off primary or special election runoff to fill the nomination or public office sought shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the special election run-off ballot in the independent column. The run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned. Only the electors who were entitled to vote in the primary or special election for candidates for that particular office shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such run-off primary or special election runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-224. (b) If the municipal charter or ordinances of a municipality as now existing or as amended subsequent to September 1, 1968, provide that a candidate may be nominated or elected by a plurality of the votes cast to fill such nomination or public office, such provision shall prevail. Otherwise, no municipal candidate shall be nominated for public office in any primary or elected to public office in any election unless such candidate shall have received a majority of the votes cast to fill such nomination or public office. (c) In instances in which no municipal candidate receives a majority of the votes cast and the municipal charter or ordinances do not provide for nomination or election by a plurality vote, a run-off primary or election shall be held between the candidates receiving the two highest numbers of votes. Such runoff shall be held not earlier than the fourteenth day and not later than the twenty-first day after the day of holding the first primary or election on a date specified by municipal ordinance or resolution, unless such run-off date is postponed by court order. Only the electors entitled to vote in the first primary or election shall be entitled to vote in any run-off primary or election resulting therefrom; provided, however, that no elector shall vote in a run-off primary in violation of Code Section 21-2-216. The run-off primary or election shall be a continuation of the first primary or election, and only those votes cast for the candidates receiving the two highest numbers of votes in the first primary or election shall be counted. No write-in votes may be cast in such a primary, run-off primary, or run-off election. If any

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candidate eligible to be in a runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in such runoff. The municipal candidate receiving the highest number of the votes cast in such run-off primary or election to fill the nomination or public office sought shall be declared the winner. (d) The name of a municipal write-in candidate eligible for election in a municipal runoff shall be printed on the municipal run-off election ballot in the independent column. (e) In all cities having a population in excess of 100,000 according to the United States decennial census of 1980 or any future such census, in order for a municipal candidate to be nominated for public office in any primary or elected to public office in any municipal election, he or she must receive a majority of the votes cast. (f) Except for presidential electors, to be elected to public office in a general election, a candidate must receive a plurality of the votes cast in an election to fill such public office. To be elected to the office of presidential electors, no slate of candidates shall be required to receive a plurality of the votes cast, but that slate of candidates shall be elected to such office which receives the highest number of votes cast. (g) In the event that no candidate receives a plurality of the votes cast in a general election or more than one candidate in a general election, special election runoff, or run-off primary receives the highest number of votes cast, a runoff of the general election, special election runoff, or run-off primary between the candidates receiving the two highest numbers of votes shall be held. Unless such date is postponed by a court order, such runoff shall be held on the twenty-first day after the day of holding the preceding general election, special election runoff, or run-off primary; provided that, unless postponed by court order, a runoff resulting from a special election runoff or a special primary runoff shall be held no sooner than the fourteenth day and no later than the twenty-first day after the day of holding the preceding special election runoff or special primary runoff, which run-off day shall be determined by the Secretary of State in a runoff to fill a federal or state office or by the superintendent in a runoff to fill a county or militia district office. If any candidate eligible to be in such runoff withdraws, dies, or is found to be ineligible, the remaining candidates receiving the two highest numbers of votes shall be the candidates in the runoff. The candidate receiving the highest number of the votes cast in such runoff to fill the nomination or public office such candidate seeks shall be declared the winner. The name of a write-in candidate eligible for election in a runoff shall be printed on the run-off election ballot in the independent column. The runoff of a run-off primary or special election runoff shall be a continuation of the primary or special election for the particular office concerned, and the run-off election of a general

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election shall be a continuation of the general election for the particular office concerned. Only the electors who were entitled to vote for that particular office in such primary or special election or general election, respectively, shall be entitled to vote therein, and only those votes cast for the persons designated as candidates in such runoff shall be counted in the tabulation and canvass of the votes cast. No elector shall vote in a run-off primary in violation of Code Section 21-2-235. (h) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July 1, 1994. 21-2-501.1. Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections. 21-2-502. (a) Governor and other constitutional officers . Upon completing the tabulation of any election for Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Secretary of State shall lay the same before the Governor upon his or her oath of office as Governor; and the Governor, upon the other constitutional officers taking their oaths of office, shall issue a commission under the great seal of the State of Georgia signed by the Governor and countersigned by the Secretary of State, to each such person. The Secretary of State shall issue the commission to the person elected Governor. (b) United States senators; representatives in Congress; members of the General Assembly . (1) Upon completing the tabulation of any election for United States senator or representative in Congress, the Secretary of State shall lay the same before the Governor, who shall immediately issue certificates of election and commissions under the seal of the state, duly signed by the Governor and attested by the Secretary of State and deliver the same to the candidates receiving the required number of votes to be elected to the respective offices. (2) The Secretary of State shall issue certificates of election to the persons elected members of the Senate and the House of Representatives

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of the General Assembly and, between the hours of 12:00 Noon and 1:00 P.M. on the second Monday in January of each odd-numbered year, present before the Senate and the House of Representatives the several returns of the elections of members of the respective houses. In case of a special election the Secretary of State shall issue a certificate of election to each person so elected, and the Secretary of State shall present the returns of such election to the proper house as soon as received and tabulated by the Secretary of State. Immediately upon their taking the oath of office, each member of the Senate and the House of Representatives shall be issued a commission under the great seal of the State of Georgia, signed by the Secretary of State. (c) Justices of the Supreme Court, Judges of the Court of Appeals, Commissioners of the Georgia Public Service Commission, judges of the superior court, judges of the juvenile court, and district attorneys . Upon completion of the tabulation the Secretary of State shall certify the result of each election of Justices of the Supreme Court, of Judges of the Court of Appeals, of Commissioners of the Georgia Public Service Commission, of judges of the superior court, of judges of the juvenile court where elected, and of district attorneys to the Governor and shall issue a certificate of election to each person so elected. The Governor shall, upon each such person taking the oath of office, immediately issue a commission under the great seal of the State of Georgia, signed by the Governor and counter-signed by the Secretary of State, to each such person. (d) County officers . The superintendent in each county shall, as soon as the returns have been properly certified, issue certificates of election to the successful candidates for all county officers to be filled by the votes of electors of such county. Immediately upon taking the oath of office, each such county officer shall be issued a commission under the seal of the executive department, signed by the Governor and countersigned by one of his or her secretaries. (e) Presidential electors . The Secretary of State, on receiving and computing the returns of presidential electors, shall lay them before the Governor, who shall enumerate and ascertain the number of votes for each person so voted for and shall cause a certificate of election to be delivered to each person so chosen. (f) Constitutional amendments . Upon receiving the certified results of elections on all constitutional amendments from the Secretary of State, the Governor shall issue his or her proclamation declaring the results of the vote of each amendment. 21-2-503. (a) A commission which is to be issued, as provided for by this chapter, to any person elected to any office shall be issued notwithstanding the fact that the election of such person to any such office may be contested

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in the manner provided by this chapter. Whenever it shall appear, by the final judgment of the proper tribunal having jurisdiction of a contested election, that the person to whom such commission shall have been issued has not been elected legally to the office for which he or she has been commissioned, then a commission shall be issued to the person who shall appear to be elected legally to such office. The issuing of such commission shall nullify the commission already issued; and all power and authority first issued under such commission shall thereupon cease. (b) A person elected to a municipal office may be sworn into office notwithstanding that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into municipal office shall cease to hold the office and shall cease to exercise the powers, duties, and privileges of the office immediately. 21-2-504. (a) Whenever any primary or election shall fail to fill a particular nomination or office and such failure cannot be cured by a run-off primary or election, whenever any person elected to public office shall die or withdraw prior to taking office, or whenever any person elected to public office shall fail to take that office validly, the authority with whom the candidates for such nomination or office file notice of candidacy shall call a special primary or election to fill such position. If a special primary will not be held and unless otherwise provided by law, the call of a special election shall be made within 45 days after the occurrence of the vacancy. (b) Whenever any person elected to municipal public office shall, after taking office, die, withdraw, or for any other reason create a vacancy in his or her office and the municipal charter fails to provide a method for the filling of such vacancy, the governing authority shall thereupon call a special election to fill such vacancy. ARTICLE 13 21-2-520. As used in this article, the term: (1) `Contestant' means any person or persons entitled under Code Section 21-2-521 to contest the result of any primary or election. (2) `Defendant' means: (A) The person whose nomination or election is contested; (B) The person or persons whose eligibility to seek any nomination or office in a run-off primary or election is contested;

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(C) The election superintendent or superintendents who conducted the contested primary or election; or (D) The public officer who formally declared the number of votes for and against any question submitted to electors at an election. 21-2-521. The nomination of any person who is declared nominated at a primary as a candidate for any federal, state, county, or municipal office; the election of any person who is declared elected to any such office (except when otherwise prescribed by the federal Constitution or the Constitution of Georgia); the eligibility of any person declared eligible to seek any such nomination or office in a run-off primary or election; or the approval or disapproval of any question submitted to electors at an election may be contested by any person who was a candidate at such primary or election for such nomination or office, or by any aggrieved elector who was entitled to vote for such person or for or against such question. 21-2-522. A result of a primary or election may be contested on one or more of the following grounds: (1) Misconduct, fraud, or irregularity by any primary or election official or officials sufficient to change or place in doubt the result; (2) When the defendant is ineligible for the nomination or office in dispute; (3) When illegal votes have been received or legal votes rejected at the polls sufficient to change or place in doubt the result; (4) For any error in counting the votes or declaring the result of the primary or election, if such error would change the result; (5) For any other cause which shows that another was the person legally nominated, elected, or eligible to compete in a run-off primary or election. 21-2-522.1. Notwithstanding any other provisions of this chapter, for the purposes of election contests, a vote cast by a person who has been listed on the official list of electors for a period of ten years or longer shall be rebuttably presumed to be a legal vote despite an unsigned voter registration card, so long as that person continues to meet the eligibility requirements of Code Section 21-2-216. For such a voter, there shall be a rebuttable presumption that the voter has taken the oath and that the voter registration card is a replacement of the original voter registration card.

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21-2-523. (a) A contest case governed by this article shall be tried and determined by the superior court of the county where the defendant resides, except that a municipal contest case shall be tried and determined by the superior court of the county where the city hall is located. A contest case challenging the eligibility of the two defendants declared as eligible to compete with each other in a run-off primary or election shall be tried and determined by the superior court of the county where the defendant who received the highest number of votes resides. (b) The superior court having jurisdiction of a contest case governed by this article shall be presided over by a superior court judge or senior judge. The superior court judge or senior judge who presides over the contest shall be selected as set out in subsection (c) of this Code section. (c) Upon the filing of a contest petition, the clerk of the superior court having jurisdiction shall immediately notify the administrative judge for the judicial administrative district in which that county lies, or the district court administrator, who shall immediately notify the administrative judge, of the institution of proceedings under this article. If the county in which the proceedings were instituted is not in the circuit of the administrative judge, the administrative judge shall select a superior court judge from within the district, but not from the circuit in which the proceeding was instituted, or a senior judge not a resident of the circuit in which the proceeding was instituted, to preside over the contest. (d) If the administrative judge is a member of the circuit in which the proceeding was filed, or if the other judges of the district are unable or are unwilling to preside over the proceeding, or if the other judges of the district are judges of the circuit in which the proceeding was filed, then the administrative judge shall select an administrative judge of an adjoining district to select a superior court judge from that district, or a superior court judge from the district in which the proceeding was filed, but not the circuit in which the proceeding was filed, or a senior judge who is not a resident of the circuit wherein the proceeding was filed. (e) After a judge has agreed to preside over the case, the administrative judge who selected the judge to hear the matter shall enter an order in the superior court of the county where the proceeding was filed appointing such judge, and such judge shall promptly begin presiding over such proceedings in such court and shall determine same as soon as practicable. Such judge shall be reimbursed for his or her actual expenses for food and lodging and shall receive the same mileage as any other state officials and employees. Senior judges shall be entitled to compensation and reimbursement as the law provides for senior judge service. 21-2-524.

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(a) A petition to contest the result of a primary or election shall be filed in the office of the clerk of the superior court having jurisdiction within five days after the official consolidation of the returns of that particular office or question and certification thereof by the election official having responsibility for taking such action under this chapter or within five days after the official consolidation and certification of the returns of that particular office or question by the election official having responsibility for taking such action under this chapter following a recount pursuant to Code Section 21-2-495 and shall allege: (1) The contestant's qualification to institute the contest; (2) The contestant's desire to contest the result of such primary or election and the name of the nomination, office, or question involved in the contest; (3) The name of the defendant; (4) The name of each person who was a candidate at such primary or election for such nomination or office in the case of a contest involving same; (5) Each ground of contest; (6) The date of the official declaration of the result in dispute; (7) The relief sought; and (8) Such other facts as are necessary to provide a full, particular, and explicit statement of the cause of contest. (b) The State Election Board shall be served with a copy of the petition, as provided in subsection (a) of this Code section, by serving the same on the chairperson thereof, by mailing a copy to the chairperson by certified or registered mail; and a certificate that such service has been made shall be filed by the plaintiff or his or her attorney. (c) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for the contestant to state generally that he or she believes that error was committed in the counting of the votes cast for the filling of the nomination or office in dispute, or for or against the question in dispute, in one or more specified precincts; and it shall not be necessary for the contestant to offer evidence to substantiate such allegation. If a recount of the votes cast in any precinct or precincts shall change the result in dispute, any aggrieved litigant may require a recount of the votes affecting such result, which were cast in any other precinct or precincts, by amending his or her pleadings and requesting such relief. (d) The petition shall be verified by the affidavit of each contestant. Such affidavit shall be taken and subscribed before some person authorized by law to administer oaths and shall state that the contestant

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believes the facts alleged therein are true, that according to the best of his or her knowledge and belief the contested result of the primary or election is illegal and the return thereof incorrect, and that the petition to contest the same is made in good faith. (e) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed by any court, for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which the primary or election is contested. (f) Upon such petition being filed, the clerk of the superior court shall issue notice, in the form of special process directed to the sheriff of such county, requiring the defendant and any other person named in such petition as a candidate for such nomination or office, if any, to appear and answer such petition, on a day to be fixed in such notice, not more than ten days nor less than five days after the service of such notice. Such notice, with a copy of the petition attached, shall be served by the sheriff upon the defendant and any other person named therein in the same manner as petitions and process are served in other civil cases. On or before the day fixed in such notice, unless for good cause shown the presiding judge shall extend the time therefor, the defendant shall appear and answer such petition and may set up by way of answer or cross action any right of interest he or she may have or claim in such proceeding. Any other person who was a candidate at such primary or election for the nomination or office involved and upon whom notice was served as provided in this subsection shall be deemed a litigant to such proceeding and may set up by way of answer or cross action any right of interest or claim he or she may have. (g) After filing, any petition, cross action, or answer may be amended with leave of the court so as to include the specification of additional grounds of contest, other relevant facts, or prayer for further relief. After each amendment, a reasonable time to respond shall be given by the court to any opposing litigant. 21-2-525. (a) Within 20 days after the return day fixed in the notice as provided in subsection (a) of Code Section 21-2-524 to the defendant, the presiding judge shall fix a place and time for the hearing of the contest proceeding. Such judge may fix additional hearings at such other times and places as are necessary to decide the contest promptly. (b) The court having jurisdiction of the action shall have plenary power, throughout the area in which the contested primary or election was conducted, to make, issue, and enforce all necessary orders, rules, processes, and decrees for a full and proper understanding and final determination and enforcement of the decision of every such case, according to the course of practice in other civil cases under the laws of

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this state, or which may be necessary and proper to carry out this chapter. The court shall have authority to subpoena and to compel the attendance of any officer of the primary or election complained of and of any person capable of testifying concerning the same; to compel the production of evidence which may be required at such hearing, in like manner and to the same extent as in other civil cases litigated before such court; to take testimony; and to proceed without delay to the hearing and determination of such contest, postponing for the purpose, if necessary, all other business. (c) The court may, in its discretion, limit the time to be consumed in taking testimony, dividing such time equitably among all litigants concerned, with a view therein to the circumstances of the matter and to the proximity of the next succeeding primary or election. 21-2-526. (a) All issues of a contest shall be fully tried and determined by the court without the aid and intervention of a jury, unless a litigant to the contest shall demand a trial by jury at any time prior to the call of the case; and the court shall determine that it is an issue which under other laws of this state the litigant is entitled to have tried by a jury. Upon such determination, a jury shall be impaneled and the cause shall proceed according to the practice and procedure of the court in jury cases. (b) In a case contesting the result of a primary or election held in two or more counties, each issue to be tried by a jury shall be tried by a jury impaneled in the county where such issue or a part thereof arose. Such jury shall be impaneled by the superior court of the county in which the jury trial is to be conducted; such trial shall be presided over by the judge as described in Code Section 21-2-523; and such trial shall proceed, insofar as practicable, as though it were being conducted in the county of the superior court having jurisdiction of the contest. (c) In a case contesting the result of a primary or election held within a single county, the court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In a case contesting the result of a primary or election held in two or more counties, the court shall require each jury impaneled to return only a special verdict in the form of a special written finding upon each issue of fact. In a case where a special verdict is to be rendered, the court shall submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If, in so doing, the court omits any issue of

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fact raised by the pleadings or by the evidence, each party waives his or her right to a trial by jury of the issue so omitted unless before the jury retires he or she demands its submission to the jury. As to an issue omitted without such demand, the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. 21-2-527. (a) After hearing the allegations and evidence in the contest, the court shall declare as nominated, elected, or as eligible to compete in a run-off primary or election that qualified candidate who received the requisite number of votes and shall pronounce judgment accordingly; and the clerk of the superior court shall certify such determination to the proper authority. In the case of a contest involving a question submitted to electors at an election, the court shall pronounce judgment as to whether the same was approved or disapproved; and the clerk of the superior court shall certify such determination to the defendant. (b) When a defendant who has received the requisite number of votes for nomination, election, or to compete in a run-off primary or election is determined to be ineligible for the nomination or office sought, the court shall pronounce judgment declaring the primary or election invalid with regard to such nomination or office and shall call a second primary or election to fill such nomination or office and shall set the date for such second primary or election. (c) If misconduct is complained of on the part of the poll officers of any precinct, it shall not be held sufficient to set aside the contested result unless the rejection of the vote of such precinct would change such result. (d) Whenever the court trying a contest shall determine that the primary, election, or runoff is so defective as to the nomination, office, or eligibility in contest as to place in doubt the result of the entire primary, election, or runoff for such nomination, office, or eligibility, such court shall declare the primary, election, or runoff to be invalid with regard to such nomination, office, or eligibility and shall call for a second primary, election, or runoff to be conducted among all of the same candidates who participated in the primary, election, or runoff to fill such nomination or office which was declared invalid and shall set the date for such second primary, election, or runoff. 21-2-527.1. No settlement of any case under this article shall become effective unless: (1) All parties to such case have been given an opportunity to object to such settlement before the court; and

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(2) The court has approved such settlement. 21-2-528. An appeal from the final determination of the court may be taken within ten days from the rendition thereof to the Supreme Court or the Court of Appeals as in other civil cases. The filing of a notice of appeal shall not act as a stay or supersedeas. The appellant may apply to the Supreme Court or the Court of Appeals, as appropriate, for a stay or supersedeas, and such courts shall consider applications for stays or supersedeas in such cases without regard to whether any notice of appeal has been filed or the record docketed in such cases. 21-2-529. The contestant and the defendant shall be liable to the officers and witnesses for the costs made by them, respectively. If the result of the primary or election is confirmed, the petition dismissed, or the prosecution fails, judgment shall be rendered against the contestant for costs; and, if the judgment is against the defendant or the result of the primary or election is set aside, he or she shall pay the costs at the discretion of the court. After entry of judgment, the costs may be collected by attachment or otherwise. ARTICLE 14 21-2-540. (a) Every special election shall be held and conducted in all respects in accordance with the provisions of this chapter relating to general elections; and the provisions of this chapter relating to general elections shall apply thereto insofar as practicable and as not inconsistent with any other provisions of this chapter. All special elections held at the time of a general election, as provided by Code Section 21-2-541, shall be conducted by the poll officers by the use of the same equipment and facilities, so far as practicable, as are used for such general election. (b) At least 29 days shall intervene between the call of a special primary and the holding of same, and at least 29 days shall intervene between the call of a special election and the holding of same. Municipal special elections which are to be held in conjunction with a state-wide general primary or state-wide general election shall be called at least 60 days prior to the date of such state-wide general primary or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such state-wide general primary or state-wide general election but conducted separate and apart from such state-wide general primary or state-wide general election. (c) (1) Notwithstanding any other provision of law to the contrary, a special election to present a question to the voters or a special primary or special election to fill a vacancy in a county or municipal office shall

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be held only on one of the following dates which is at least 29 days after the date of the call for the special election: (A) In odd-numbered years any such special election shall only be held on: (i) The third Tuesday in March; (ii) The third Tuesday in June; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November; and (B) In even-numbered years any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this division in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; (iii) The third Tuesday in September; or (iv) The Tuesday after the first Monday in November. (2) The provisions of this subsection shall not apply to: (A) Special elections held pursuant to Chapter 4 of this title, the `Recall Act of 1989,' to recall a public officer or to fill a vacancy in a public office caused by a recall election; (B) Special primaries or special elections to fill vacancies in federal or state public offices. (d) Except as otherwise provided by this chapter, the superintendent of each county or municipality shall publish the call of the special election. (e) Candidates in special elections shall not be listed on the ballot according to party affiliation unless a candidate has been nominated in a special primary, in which event such a candidate shall have his or her name placed in a column under the name of his or her party. The incumbency of a candidate seeking election for the public office he or she then holds shall be indicated on the ballot. 21-2-541. (a) A special primary or election may be held at the time of a general primary or election. (b) If the times specified for the closing of the registration list for a special primary or election are the same as those for a general primary

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or election, the candidates and questions in such special primary or election shall be included on the ballot for such general primary or election. In such an instance, the name of the office and the candidates in such special election shall appear on the ballot in the position where such names would ordinarily appear if such contest was a general primary or election. 21-2-541.1. All municipal offices elected at general municipal elections shall be for terms of four years unless otherwise provided by local law in accordance with Code Section 21-2-541.2. 21-2-541.2. Notwithstanding Code Section 1-3-11 or any other provision of this chapter, the General Assembly is authorized to provide by local law: (1) For terms of two years for municipal offices, with the local law designating the offices to be elected and the time periods covered by such terms for each office; (2) For municipal offices to change from concurrent terms to staggered terms or from staggered terms to concurrent terms, with the local law designating the terms for each office; (3) For such terms to be staggered terms, with the local law designating the terms for each office; (4) For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in even-numbered years and on such day biennially thereafter and on the Tuesday next following the first Monday in November in odd-numbered years and on such day biennially thereafter; (5) For municipal offices elected pursuant to a prior local law authorized by this Code section to change to terms of office of four years, with the local law designating the offices to be elected and the time periods covered by such terms for each office; (6) For general municipal elections to fill such offices to be held on the Tuesday next following the first Monday in November in any year during the first six years immediately following the enactment of a local law pursuant to this Code section as necessary for the purpose of changing the election and terms of any such municipal offices to conform to this Code section; (7) For initial terms of one, two, three, or four years as necessary to change the terms of such offices to four-year concurrent or staggered terms of office; and (8) Except as authorized in paragraph (6) of this Code section, for general municipal elections to be held on the Tuesday next following the first Monday in November of any odd-numbered year.

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21-2-542. Whenever a vacancy shall occur in the representation of this state in the Senate of the United States, such vacancy shall be filled for the unexpired term by the vote of the electors of the state at a special election to be held at the time of the next November state-wide general election, occurring at least 40 days after the occurrence of such vacancy; and it shall be the duty of the Governor to issue his or her proclamation for such election. Until such time as the vacancy shall be filled by an election as provided in this Code section, the Governor may make a temporary appointment to fill such vacancy. 21-2-543. Whenever a vacancy shall occur or exist in the office of Representative in the United States Congress from this state the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. 21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. If a vacancy occurs while the General Assembly is in session and the Governor elects to issue a writ, it shall only be necessary to have one poll open in every county involved, which shall be at the county seat, if only one candidate has qualified for the vacant seat. 21-2-545.

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Any other provision of law to the contrary notwithstanding, in the event there is no opposed candidate in a precinct in a special primary, no special primary shall be held in such precinct. The proper officials of the unopposed candidate's political party shall certify him or her as the party nominee for the office involved for the purpose of having his or her name placed upon the special election ballots or ballot labels. Where feasible, the superintendent shall provide notice reasonably calculated to inform the affected electorate that no special primary election is to be conducted. Each such unopposed candidate shall be deemed to have voted for himself or herself. The superintendent shall certify any such unopposed candidate as nominated in the same manner as he or she certifies other candidates nominated pursuant to Code Section 21-2-493. ARTICLE 15 21-2-560. Except as otherwise provided in Code Section 21-2-565, any person who shall make a false statement under oath or affirmation regarding any material matter or thing relating to any subject being investigated, heard, determined, or acted upon by any public official, in accordance with this chapter, shall be guilty of a misdemeanor. 21-2-561. Any person who: (1) Registers as an elector knowing that such elector does not possess the qualifications required by law; (2) Registers as an elector under any other name than the elector's own name; or (3) Knowingly gives false information when registering as an elector shall be guilty of a felony. 21-2-562. (a) Any person who willfully: (1) Inserts or permits to be inserted any fictitious name, false figure, false statement, or other fraudulent entry on or in any registration card, electors list, voter's certificate, affidavit, tally paper, general or duplicate return sheet, statement, certificate, oath, voucher, account, ballot or ballot card, or other record or document authorized or required to be made, used, signed, returned, or preserved for any public purpose in connection with any primary or election; (2) Alters materially or intentionally destroys any entry which has been lawfully made therein; or

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(3) Takes or removes any book, affidavit, return, account, ballot or ballot card, or other document or record from the custody of any person having lawful charge thereof, in order to prevent the same from being used or inspected or copied as required or permitted by this chapter shall be guilty of a felony. (b) Any person who willfully neglects or refuses, within the time and in the manner required by this chapter, to deliver any such document described in subsection (a) of this Code section into the custody of the officers who are required by this chapter to use or keep the same shall be guilty of a misdemeanor. 21-2-563. Any person who knowingly and willfully: (1) Signs any nomination petition without having the qualifications prescribed by this chapter; (2) Sets any false statement opposite the signature on a nomination petition; (3) Signs more nomination petitions than permitted by this chapter; (4) Makes a false statement in any affidavit required by this chapter to be appended to or to accompany a nomination petition; (5) Signs any name not his or her own to any nomination petition; or (6) Materially alters any nomination petition without the consent of the signers shall be guilty of a felony. 21-2-564. Any person who willfully makes any false nomination certificate or defaces or destroys any nomination petition, nomination certificate, or nomination paper, or letter of withdrawal, knowing the same, or any part thereof, to be made falsely, or suppresses any nomination petition, nomination certificate, or nomination paper, or any part thereof, which has been duly filed shall be guilty of a felony. 21-2-565. (a) Any person knowingly making any false statement in connection with filing a notice of candidacy under Code Section 21-2-132 or in connection with qualifying as a candidate for party nomination under Code Section 21-2-153 commits the offense of false swearing. (b) The district attorney of any judicial circuit or of the county in which all or the greater portion of any municipality is situated shall furnish all

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investigative personnel and facilities to the Secretary of State, the superintendent, or political party, as the case may be, as needed to determine the accuracy and correctness of all facts set forth in the affidavits filed pursuant to Code Sections 21-2-132 and 21-2-153 and shall commence prosecution of any person when it appears that a violation of this Code section has occurred. (c) Where proper venue of any such prosecution would be in another county, the district attorney whose office conducted the investigation shall forward all evidence and other data to the district attorney of the county where venue is proper; and prosecution shall be commenced by such official. 21-2-566. Any person who: (1) Willfully prevents or attempts to prevent any poll officer from holding any primary or election under this chapter; (2) Uses or threatens violence to any poll officer or interrupts or improperly interferes with the execution of his or her duty; (3) Willfully blocks or attempts to block the avenue to the door of any polling place; (4) Uses or threatens violence to any elector to prevent him or her from voting; (5) Willfully prepares or presents to any poll officer a fraudulent voter's certificate not signed by the elector whose certificate it purports to be; (6) Knowingly deposits fraudulent ballots in the ballot box; (7) Knowingly registers fraudulent votes upon any voting machine; or (8) Willfully tampers with any electors list, voter's certificate, numbered list of voters, ballot box, voting machine, vote recorder, or tabulating machine shall be guilty of a felony. 21-2-567. Any person who uses or threatens to use force and violence, or in any other manner intimidates any other person, to: (1) Vote or refrain from voting at any primary or election, or to vote or refrain from voting for or against any particular candidate or question submitted to electors at such primary or election; or (2) Place or refrain from placing his or her name upon a register of electors

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shall be guilty of a misdemeanor. 21-2-568. Any person who: (1) Goes into the voting compartment or voting machine booth while another is voting or marks the ballot or ballot card or registers the vote for another, except in strict accordance with this chapter; (2) Interferes with any elector marking his or her ballot or ballot card or registering his or her vote; (3) Attempts to induce any elector before depositing his or her ballot or ballot card to show how he or she marks or has marked his or her ballot or ballot card; (4) While giving lawful assistance to another, attempts to influence the vote of the elector whom he or she is assisting or marks a ballot or ballot card or registers a vote in any other way than that requested by the voter whom he or she is assisting; or (5) Discloses to anyone how another elector voted, except when required to do so in any legal proceeding shall be guilty of a misdemeanor. 21-2-569. Any person, including any poll officer, who willfully prevents any poll officer from performing the duties imposed on him or her by this chapter shall be guilty of a felony. 21-2-570. Any person who buys or sells, offers to buy or sell, or knowingly participates in the buying or selling of votes at any primary or election shall be guilty of a felony. 21-2-571. Any person who votes or attempts to vote at any primary or election, knowing that such person does not possess all the qualifications of an elector at such primary or election, as required by law, or who votes or attempts to vote at any primary in violation of Code Section 21-2-223 or who knowingly gives false information to poll officers in an attempt to vote in any primary or election shall be guilty of a felony. 21-2-572. Any person who votes in more than one precinct in the same primary or election or otherwise fraudulently votes more than once at the same primary or election shall be guilty of a felony. 21-2-573.

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Any person who votes or attempts to vote by absentee ballot at any primary or election under Article 10 of this chapter and who is not qualified to vote shall be guilty of a misdemeanor. 21-2-574. Any person, other than an officer charged by law with the care of ballots or ballot cards or a person entrusted by any such officer with the care of the same for a purpose required by law, who has in his or her possession outside the polling place any official ballot or ballot card shall be guilty of a felony. 21-2-575. (a) Any person who makes, constructs, or has in his or her possession any counterfeit of an official ballot, ballot card, or ballot label shall be guilty of a felony. (b) This Code section shall not be applied to facsimile ballots printed and published as an aid to electors in any newspaper generally and regularly circulated within this state, so long as such facsimile ballot is at least 25 percent larger or smaller than the official ballot of which it is a facsimile. This Code section shall not be applied to any sample or facsimile ballots or ballot labels obtained under Code Section 21-2-400. Nothing in this Code section shall be so construed as to prohibit the procurement and distribution of reprints of the said newspaper printings; nor shall it be so construed as to prohibit the preparation and distribution by election officials of facsimile ballots and ballot labels or portions thereof, provided that they are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels. (c) Nothing in this Code section shall be so construed as to prohibit any person from procuring and distributing reprints or portions of reprints of any sample or facsimile ballots or ballot labels as provided in Code Section 21-2-400, provided such reprints or portions of reprints are of a different color and at least 25 percent larger or smaller than the official ballots or ballot labels. 21-2-576. Any person who willfully destroys or defaces any ballot or ballot card or willfully delays the delivery of any ballots or ballot cards shall be guilty of a misdemeanor. 21-2-577. Any person removing any ballot from any book of official ballots, except in the manner provided by this chapter, shall be guilty of a misdemeanor. 21-2-578. Any person who, before any ballot or ballot card is deposited in the ballot box as provided by this chapter, willfully unfolds, opens, or pries

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into any such ballot or ballot card with the intent to discover the manner in which the same has been marked shall be guilty of a misdemeanor. 21-2-579. Any voter at any primary or election who: (1) Allows his or her ballot, ballot card, or the face of the voting machine used by him or her to be seen by any person with the apparent intention of letting it be known for a fraudulent purpose how he or she is about to vote; (2) Casts or attempts to cast any other than the official ballot or ballot card which has been given to him or her by the proper poll officer, or advises or procures another to do so; (3) Without having made the affirmation under oath or declaration required by Code Section 21-2-409, or when the disability which he or she declared at the time of registration no longer exists, permits another to accompany him or her into the voting compartment or voting machine booth or to mark his or her ballot or ballot card or to register his or her vote on the voting machine or vote recorder; or (4) States falsely to any poll officer that because of his or her inability to read the English language or because of blindness, near-blindness, or other physical disability he or she cannot mark the ballot or ballot card or operate the voting machine without assistance shall be guilty of a misdemeanor. 21-2-580. Any person who: (1) Unlawfully opens, tampers with, or damages any voting machine to be used or being used at any primary or election; (2) Willfully prepares a voting machine for use in a primary or election in improper order for voting; or (3) Prevents or attempts to prevent the correct operation of such machine shall be guilty of a felony. 21-2-581. Any unauthorized person who makes or knowingly has in his or her possession a key to a voting machine to be used or being used in any primary or election shall be guilty of a felony. 21-2-582. Any person who tampers with or damages any vote recorder or tabulating machine to be used or being used at or in connection with any

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primary or election or who prevents or attempts to prevent the correct operation of any vote recorder or tabulating machine shall be guilty of a felony. 21-2-583. Any person who: (1) Prior to any primary or election, willfully defaces, removes, or destroys any notice or list of candidates posted in accordance with this chapter; (2) During any primary or election, willfully defaces, tears down, removes, or destroys any card of instructions, notice of penalties, or diagram printed or posted for the instruction of electors; or (3) During any primary or election, willfully removes or destroys any of the supplies or conveniences furnished to any polling place in order to enable electors to vote or the poll officers to perform their duties Shall be guilty of a misdemeanor. 21-2-584. If any manager refuses or willfully fails to administer the oath to the poll officer in the manner required by this chapter, or if any poll officer shall knowingly act without being first duly sworn, or if any such person shall sign the written form of oath without being duly sworn, or if any manager or any other person authorized to administer oaths shall certify that any such person was sworn when he or she was not, he or she shall be guilty of a misdemeanor. 21-2-585. (a) Any superintendent or employee of his or her office who willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any general or duplicate return sheet, tally paper, affidavit, petition, certificate, paper, account, contract, report, or any other document or record in his or her custody, or who willfully removes any such document or record from his or her office during said period, or who permits the same to be removed, except pursuant to the direction of any competent authority, shall be guilty of a misdemeanor. (b) Any superintendent or employee of his or her office who willfully destroys or alters, or permits to be destroyed or altered, any document described in subsection (a) of this Code section during the period for which the same is required to be kept shall be guilty of a felony. 21-2-586. (a) If the Secretary of State or any employee of his or her office willfully refuses to permit the public inspection or copying, in accordance with this chapter, of any return, petition, certificate, paper, account, contract,

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report, or any other document or record in his or her custody, except when in use, or willfully removes any such document or record from his or her office during such period or permits the same to be removed, except pursuant to the direction of competent authority, the Secretary of State or employee of his or her office shall be guilty of a misdemeanor. (b) If the Secretary of State or any employee of his or her office willfully destroys, alters, or permits to be destroyed or altered any document described in subsection (a) of this Code section during the period for which the same is required to be kept in his or her office, the Secretary of State or employee of his or her office shall be guilty of a felony. 21-2-587. Any poll officer who willfully: (1) Makes a false return of the votes cast at any primary or election; (2) Deposits fraudulent ballots or ballot cards in the ballot box or certifies as correct a false return of ballots or ballot cards; (3) Registers fraudulent votes upon any voting machine or certifies as correct a return of fraudulent votes cast upon any voting machine; (4) Makes any false entries in the electors list; (5) Destroys or alters any ballot, ballot card, voter's certificate, or electors list; (6) Tampers with any voting machine, vote recorder, or tabulating machine; (7) Prepares or files any false voter's certificate not prepared by or for an elector actually voting at such primary or election; or (8) Fails to return to the officials prescribed by this chapter, following any primary or election, any keys of a voting machine, ballot box, general or duplicate return sheet, tally paper, oaths of poll officers, affidavits of electors and others, record of assisted voters, numbered list of voters, electors list, voter's certificate, spoiled, and canceled ballots or ballot cards, ballots or ballot cards deposited, written, or affixed in or upon a voting machine, or any certificate, or any other paper or record required to be returned under this chapter shall be guilty of a felony. 21-2-588. Any poll officer who counts any votes before the close of the polls or before the last person has voted, whichever occurs later in time, on the day of any primary or election shall be guilty of a misdemeanor. 21-2-589.

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Any poll officer who willfully: (1) Fails to file the voter's certificate of any elector actually voting at any primary or election; (2) Fails to record voting information as required by this chapter; or (3) Fails to insert in the numbered list of voters the name of any person actually voting shall be guilty of a misdemeanor. 21-2-590. Any poll officer who: (1) Permits any unregistered person to vote at any primary or election, knowing such person is unregistered; (2) Permits any person registered as an elector to vote, knowing that such person is not qualified to vote, whether or not such person has been challenged; (3) Refuses to permit any duly registered and qualified person to vote at any primary or election, with the knowledge that such person is entitled to vote; or (4) Renders assistance to an elector in voting in violation of Code Section 21-2-409, or knowingly permits another person to render such assistance in violation of Code Section 21-2-409 shall be guilty of a misdemeanor. 21-2-591. Any poll officer who permits a voter to be accompanied by another into the voting compartment or voting machine booth when such poll officer knows that the disability which the voter declared at the time of registration no longer exists or that the disability which the voter declared at the time of voting did not exist shall be guilty of a misdemeanor. 21-2-592. Any poll officer who willfully fails to keep a record, as required by Code Section 21-2-409, of the name of each voter who received assistance, the exact disability of any assisted voter which makes the assistance necessary, and the name of each person rendering assistance to a voter shall be guilty of a misdemeanor. 21-2-593. Any law enforcement officer who:

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(1) Willfully neglects or refuses to clear an avenue to the door of any polling place which is obstructed in such a way as to prevent electors from entering, when called upon to do so by any poll officer or elector of the precinct; (2) Willfully neglects or refuses to maintain order and quell any disturbance if such arises at any polling place upon the day of any primary or election, when called upon to do so by any poll officer or elector of the precinct; or (3) Willfully hinders or delays, or attempts to hinder or delay, any poll officer in the performance of any duty under this chapter shall be guilty of a misdemeanor. 21-2-594. Any printer employed to print any official ballots or ballot cards for use in a primary or election, or any person engaged in printing the same, who: (1) Appropriates to himself or herself or gives or delivers, or knowingly permits to be taken, any of said ballots or ballot cards by any unauthorized person; or (2) Willfully and knowingly prints, or causes to be printed, any official ballot or ballot cards in any form other than that prescribed by the appropriate officials or with any other names or printing, or with the names spelled otherwise than as directed by such officials or the names or printing thereon arranged in any other way than that authorized and directed by this chapter shall be guilty of a felony. 21-2-595. Reserved. 21-2-596. Any public officer or any officer of a political party or body on whom a duty is laid by this chapter who willfully neglects or refuses to perform his or her duty shall be guilty of a misdemeanor. 21-2-597. Any person who intentionally interferes with, hinders, or delays or attempts to interfere with, hinder, or delay any other person in the performance of any act or duty authorized or imposed by this chapter shall be guilty of a misdemeanor. 21-2-598.

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Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor. 21-2-599. Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge: (1) A fine of not less than $100.00 nor more than $1,000.00; (2) A sentence of confinement in the county jail or other place of imprisonment for a period not to exceed six months; or (3) A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Corrections not to exceed 12 months. 21-2-600. Any person convicted of a felony under this chapter shall be punished by a fine not to exceed $2,000.00 or imprisonment of not less than one year nor more than three years, or both, in the discretion of the trial court, or may be punished as for a misdemeanor in the discretion of the trial court. 21-2-601. Any person who intentionally uses the list of electors provided for in Code Section 21-2-225 for commercial purposes shall be guilty of a misdemeanor. 21-2-602. It shall be illegal to receive, accept, offer, or provide compensation for soliciting persons to register to vote based upon the number of persons registered and any person who knowingly receives, accepts, offers, or provides such compensation on such basis shall be guilty of a misdemeanor. SECTION 2 . Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, is amended by striking said chapter in its entirety and inserting in lieu thereof the following: CHAPTER 3 RESERVED SECTION 3 . The Official Code of Georgia Annotated is amended as follows:

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(1) By striking Chapter 3 of Title 21, the `Municipal Election Code,' and inserting in lieu thereof Chapter 2 of Title 21, the `Georgia Election Code,' in Code Section 3-4-43, relating to applicability of general election laws. (2) By striking Code,' for county elections, or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. and inserting in lieu thereof Code.' in subparagraphs (b)(1)(B) and (b)(2)(B) of Code Section 3-4-91, relating to procedure for authorization of sale in counties and municipalities in which package sales are lawful and procedure for nullifying prior approval and authorization of sales by the drink. (3) By striking for a county election or in accordance with Code Section 21-3-52 for a municipal election in subparagraph (b)(1)(A); by striking Code,' for county elections or the provisions of Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. and inserting in lieu thereof Code.' in subparagraph (b)(1)(B); by striking for a county election or in accordance with Code Section 21-3-52 for a municipal election in subparagraph (b)(2)(A); and by striking Code,' for county elections or in Chapter 3 of Title 21, the `Georgia Municipal Election Code,' for municipal elections. and inserting in lieu thereof Code.' in subparagraph (b)(2)(B) of Code Section 3-4-92, relating to procedure for authorization of sale in counties and municipalities in which package sales are not lawful and procedure for nullifying prior approval and authorization of sales by the drink. (4) By striking using the procedures established in Chapter 2 of Title 21, the `Georgia Election Code,' or, and inserting in lieu thereof and, and by striking Chapter 3 of Title 21, the `Georgia Municipal and inserting in lieu thereof Chapter 2 of Title 21, the `Georgia in subsection (a) of Code Section 20-2-56, relating to nonpartisan primaries and elections for members of boards of education. (5) By striking Chapter 3 of Title 21 and inserting in lieu thereof Chapter 2 of Title 21 in Code Section 20-2-370, relating to referendum on repeal of special school law and consolidation of systems. (6) By striking paragraph (21) of Code Section 21-2-3, and inserting in lieu thereof paragraph (25) of Code Section 21-2-2, in Code Section 21-5-40, relating to definitions. (7) By striking Code Section 21-3-52 and inserting in lieu thereof Code Section 21-2-540 in subparagraph (b)(2)(A) of Code Section 36-35-3, relating to adoption of ordinances, rules, and regulations, amendment of municipal charters by ordinance, and amendment of charters and amendment or repeal of ordinances, rules, and regulations by petition and referendum.

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(8) By striking Chapter 3 of Title 21 and inserting in lieu thereof Chapter 2 of Title 21 in paragraph (1) of subsection (a) of Code Section 36-35-6, relating to limitations on home rule powers. (9) By striking Chapter 3 of Title 21 and inserting in lieu thereof Chapter 2 of Title 21 in Code Section 36-36-58, relating to referendum for ratification or rejection of annexation resolution generally, procedures, and subsequent annexation attempt. (10) By striking or 21-3-52, as applicable in Code Section 48-5-48.2, relating to freeport exemption. SECTION 4 . This Act shall become effective January 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. PUBLIC UTILITIES AND PUBLIC TRANSPORTATIONTELEPHONE SOLICITATIONS; REGULATION. Code Section 46-5-27 Enacted. No. 698 (House Bill No. 71). AN ACT To amend Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, so as to make certain legislative findings; to define certain terms; to prohibit telephone solicitations to residential subscribers who have given notice of their objection to such solicitations to the Georgia Public Service Commission; to establish a data base to collect such objections and provide for its operation by the Georgia Public Service Commission; to provide for fees to be charged to residential telephone subscribers who are included in the data base or to persons or entities accessing the data base; to restrict the use of information contained in the data base and to provide that such information is not subject to public inspection or disclosure; to require any person or entity who makes a telephone solicitation to state, at the beginning of such call, the identity of the person or entity initiating the call; to prohibit the blocking, by a person or entity making a telephone solicitation, of a residential subscriber's use of a caller identification service; to provide for enforcement by the administrator of consumer affairs, pursuant to certain provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the Fair Business Practices Act of 1975; to provide for a civil action; to provide for related

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matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 46 of the Official Code of Georgia Annotated, relating to telephone and telegraph service, is amended by adding a new Code section, to be designated as Code Section 46-5-27, to read as follows: 46-5-27. (a) The General Assembly finds that: (1) The use of the telephone to market goods and services to the home is pervasive now due to the increased use of cost-effective telemarketing techniques; (2) Over 30,000 businesses actively telemarket goods and services to business and residential customers; (3) Every day, over 300,000 solicitors place calls to more than 18 million Americans, including citizens of this state; (4) Telemarketing, however, can be an intrusive and relentless invasion of the privacy and peacefulness of the home; (5) Many citizens of this state are outraged over the proliferation of nuisance calls to their homes from telemarketers; (6) Individuals' privacy rights and commercial freedom of speech can be balanced in a way that accommodates both the privacy of individuals and legitimate telemarketing practices; and (7) It is in the public interest to establish a mechanism under which the individual citizens of this state can decide whether or not to receive telemarketing calls in their homes. (b) As used in this Code section, the term: (1) `Caller identification service' means a type of telephone service which permits telephone subscribers to see the telephone number of incoming telephone calls. (2) `Residential subscriber' means a person who has subscribed to residential telephone service from a local exchange company or the other persons living or residing with such person. (3) `Telephone solicitation' means any voice communication over a telephone line for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, but does not include communications:

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(A) To any residential subscriber with that subscriber's prior express invitation or permission; (B) By or on behalf of any person or entity with whom a residential subscriber has a prior or current business or personal relationship; or (C) By or on behalf of a charitable organization which has filed a registration statement pursuant to Code Section 43-17-5, is exempt from such registration under paragraphs (1) through (6) of subsection (a) of Code Section 43-17-9, or is exempt from such registration as a religious organization or agency referred to in paragraph (2) of Code Section 43-17-2. Such communication may be from a live operator, through the use of ADAD equipment as defined in Code Section 46-5-23, or by other means. (c) No person or entity shall make or cause to be made any telephone solicitation to the telephone line of any residential subscriber in this state who has given notice to the commission, in accordance with regulations promulgated under subsection (d) of this Code section, of such subscriber's objection to receiving telephone solicitations. (d) (1) The commission shall establish and provide for the operation of a data base to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations. It shall be the duty of the commission to have such data base in operation no later than January 1, 1999. (2) Such data base may be operated by the commission or by another entity under contract with the commission. (3) No later than January 1, 1999, the commission shall promulgate regulations which: (A) Require each local exchange company to inform its residential subscribers of the opportunity to provide notification to the commission or its contractor that such subscriber objects to receiving telephone solicitations; (B) Specify the methods by which each residential subscriber may give notice to the commission or its contractor of his or her objection to receiving such solicitations or revocation of such notice; (C) Specify the length of time for which a notice of objection shall be effective and the effect of a change of telephone number on such notice; (D) Specify the methods by which such objections and revocations shall be collected and added to the data base;

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(E) Specify the methods by which any person or entity desiring to make telephone solicitations will obtain access to the data base as required to avoid calling the telephone numbers of residential subscribers included in the data base; and (F) Specify such other matters relating to the data base that the commission deems desirable. (4) If, pursuant to 47 U.S.C. Section 227(c)(3), the Federal Communications Commission establishes a single national data base of telephone numbers of subscribers who object to receiving telephone solicitations, the commission shall include the part of such single national data base that relates to Georgia in the data base established under this Code section. (e) A residential subscriber shall be charged a fee of $5.00, payable to the commission, for each notice for inclusion in the data base established under this Code section. A person or entity desiring to make telephone solicitations shall be charged a fee of $10.00 per year payable to the commission for access to or for paper or electronic copies of the data base established under this Code section. (f) Information contained in the data base established under this Code section shall be used only for the purpose of compliance with this Code section or in a proceeding or action under subsection (h) or (i) of this Code section. Such information shall not be subject to public inspection or disclosure under Article 4 of Chapter 18 of Title 50. (g) (1) Any person or entity who makes a telephone solicitation to the telephone line of any residential subscriber in this state shall, at the beginning of such call, state clearly the identity of the person or entity initiating the call. (2) No person or entity who makes a telephone solicitation to the telephone line of a residential subscriber in this state shall knowingly utilize any method to block or otherwise circumvent such subscriber's use of a caller identification service. (h) The administrator appointed pursuant to subsection (g) of Code Section 10-1-395 shall have authority to initiate proceedings, pursuant to Code Section 10-1-397, relating to a knowing violation or threatened knowing violation of subsection (c) or (g) of this Code section. Such proceedings include without limitation proceedings to issue a cease and desist order, to issue an order imposing a civil penalty up to a maximum of $2,000.00 for each knowing violation, and to seek additional relief in any superior court of competent jurisdiction. Such actions shall be brought in the name of the state. The provisions of Code Sections 10-1-398, 10-1-398.1, and 10-1-405 shall apply to proceedings initiated by the administrator under this subsection. The administrator is authorized to issue investigative demands, issue subpoenas, administer oaths, and

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conduct hearings in the course of investigating a violation of subsection (c) or (g) of this Code section, in accordance with the provisions of Code Sections 10-1-403 and 10-1-404. (i) Any person who has received more than one telephone solicitation within any 12 month period by or on behalf of the same person or entity in violation of subsection (c) or (g) of this Code section may either bring an action to enjoin such violation; bring an action to recover for actual monetary loss from such knowing violation or to receive up to $2,000.00 in damages for each such knowing violation, whichever is greater; or bring both such actions. (j) It shall be a defense in any action or proceeding brought under subsection (h) or (i) of this Code section that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of this Code section. (k) No action or proceeding may be brought under subsection (h) or (i) of this Code section: (1) More than two years after the person bringing the action knew or should have known of the occurrence of the alleged violation; or (2) More than two years after the termination of any proceeding or action by the State of Georgia, whichever is later. (l) A court of this state may exercise personal jurisdiction over any nonresident or his or her executor or administrator as to an action or proceeding authorized by this Code section in accordance with the provisions of Code Section 9-10-91. (m) The remedies, duties, prohibitions, and penalties of this Code section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law. (n) No provider of telephone caller identification service shall be held liable for violations of this Code section committed by other persons or entities. SECTION 2 . This Act shall become effective on July 1, 1998, for purposes of administrative establishment of the data base, including receipt of notices, by the Public Service Commission and shall become effective for all purposes on January 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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MOTOR VEHICLES AND TRAFFICTRANSFER OF VEHICLE; JOINT INTEREST WITH SURVIVORSHIP. Code Section 40-3-34 Amended. No. 699 (House Bill No. 387). AN ACT To amend Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, so as to provide for joint interest in a vehicle with survivorship in two or more persons; to provide that if a certificate of title has been issued to two or more persons having such joint interest with survivorship, then a surviving such owner need not secure a new certificate of title in the event of the death of another such owner; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 40-3-34 of the Official Code of Georgia Annotated, relating to transfer of vehicle by operation of law, is amended by adding a new subsection (f) to read as follows: (f) A joint interest in a vehicle with survivorship in two or more persons may be created in the manner provided by subsection (a) of Code Section 44-6-190; and, if a certificate of title has been issued to two or more persons having such a joint interest with survivorship, then, in the event of the death of such a joint owner, the surviving such owner or owners, if any, need not secure a new certificate of title. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. PUBLIC OFFICERS AND EMPLOYEESOFFICIAL OATHS. Code Section 45-3-1 Amended. Code Section 45-3-10.1 Enacted. No. 700 (House Bill No. 458). AN ACT To amend Article 1 of Chapter 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, so as to conform the provisions relating to oaths of office contained in Code Section 45-3-1 to the qualifications for holding public office regarding the holding of unaccounted for public money due the state or its political subdivisions; to provide that all municipal officers and peace officers shall take and

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subscribe to the oath required by Code Section 45-3-1; 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 3 of Title 45 of the Official Code of Georgia Annotated, relating to official oaths, is amended by striking Code Section 45-3-1 and inserting in its place the following: 45-3-1. Every public officer shall: (1) Take the oath of office; (2) Take any oath prescribed by the Constitution of Georgia; (3) Swear that he or she is not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (4) Swear that he or she is not the holder of any office of trust under the government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding; (5) Swear that he or she is otherwise qualified to hold said office according to the Constitution and laws of Georgia; (6) Swear that he or she will support the Constitution of the United States and of this state; and (7) If elected by any circuit or district, swear that he or she has been a resident thereof for the time required by the Constitution and laws of this state. SECTION 2 . Said article is further amended by adding, following Code Section 45-3-10, a new Code Section 45-3-10.1 to read as follows: 45-3-10.1. (a) Code Sections 45-3-1 through 45-3-10 shall apply to all municipal corporations and to all peace officers of this state or any political subdivision or authority thereof. (b) When taken by municipal officers, official oaths shall be filed in the office of the judge of the probate court. When taken by peace officers, official oaths shall be filed in the records of such department or agency. SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. HANDICAPPED PERSONSSERVICE ANIMALS; BLIND VENDORS' GUIDE DOGS; SERVICE CAPUCHIN MONKEYS. Code Sections 30-4-1 and 30-4-2 Amended. No. 701 (House Bill No. 714). AN ACT To amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons with visual disabilities and deaf persons, so as to delete certain restrictions on the right of totally or partially blind vendors to be accompanied by guide dogs; to repeal certain provisions relating to the right of certain persons to use service capuchin monkeys in lieu of service dogs; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons with visual disabilities and deaf persons, is amended by striking in its entirety subsection (c) of Code Section 30-4-1, relating to the right to equal public accommodations for the disabled and the right to be accompanied by a guide dog or service dog, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every totally or partially blind person operating a vending stand shall have the right to be accompanied by a trained guide dog on the entire premises of his or her vending operation. SECTION 2 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 30-4-2, relating to the right of blind persons, visually disabled persons, and deaf persons to housing accommodations, and inserting in lieu thereof a new subsection (b) to read as follows: (b) Blind persons, visually disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other members of the general public, all housing accommodations offered for rent, lease, or other

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compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. RETIREMENT AND PENSIONSGEORGIA JUDICIAL RETIREMENT SYSTEM CREATED; ASSETS TRANSFERRED FROM SUPERIOR COURT JUDGES RETIREMENT SYSTEM, TRIAL JUDGES AND SOLICITORS RETIREMENT FUND, AND DISTRICT ATTORNEYS' RETIREMENT SYSTEM; SENIOR JUDGES. Code Title 47, Chapter 23 Enacted. Code Title 15 Amended. Code Sections 47-2-260 and 47-12-60 Amended. No. 702 (House Bill No. 751). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to create the Georgia Judicial Retirement System; to define certain terms; to provide for a board of trustees; to provide for powers and duties of the board of trustees; to provide for the transfer of assets from the Superior Court Judges Retirement System, the Trial Judges and Solicitors Retirement Fund, and the District Attorneys' Retirement System into a fund created for such retirement system; to provide for the management of funds; to provide for membership and qualifications for membership; to provide for creditable service for certain prior service; to provide for the calculation and payment of employer and employee contributions; to provide that no salary used to calculate a retirement benefit under this retirement plan may be used to calculate a benefit under any other state or local retirement plan; to provide for a retirement benefit; to provide for an early retirement benefit; to provide for a disability retirement benefit; to provide for a spouses' retirement option; to provide for the supplementation of retirement benefits; to provide for the payment of accumulated contributions; to provide for legislative intent; to provide for matters relative to the foregoing; to provide for the office of senior judge and qualifications and appointment to such office; to change certain references within the Official Code of Georgia Annotated; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by inserting at the end thereof the following:

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CHAPTER 23 ARTICLE 1 47-23-1. As used in this chapter, the term: (1) `Average annual compensation' means the average annual compensation of a member during the 24 consecutive months of creditable service producing the highest such average. (2) `Beneficiary' means any person other than a retired member of a retirement system who is receiving a benefit from that retirement system. (3) `Board' means the Board of Trustees of the Georgia Judicial Retirement System. (4) `County pension or retirement fund' means only those certain pension and retirement funds provided for by local Acts applicable to certain named counties. (5) `Creditable service' means prior service and membership service for which credit is allowable under this chapter, but in no case shall more than one year of service be creditable for all service in one calendar year, nor shall it include any service which has been or may be credited to a member by any other public retirement system of this state. (6) `District attorney' means any district attorney holding office on July 1, 1998, and any district attorney taking office on or after July 1, 1998, except that the term district attorney shall not include any district attorney: (A) Who was serving as a district attorney on June 30, 1998, and who was not a member of the District Attorneys' Retirement System; or (B) Who is a member of any other publicly supported retirement or pension system or fund created by any law of this state, if the retirement or pension benefits under such other publicly supported retirement or pension system or fund are based wholly or partially on the compensation payable to the district attorney from state funds. (7) `District Attorneys' Retirement System' means that retirement system created by Chapter 13 of this title as such chapter existed prior to July 1, 1998. (8) `Fund' means the Georgia Judicial Retirement System Fund provided for by Code Section 47-23-22.

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(9) `Judge, solicitor, or solicitor-general of a state court' means a person elected or appointed to such office for a specific term. Such term shall not include any person acting as a judge or solicitor of a state court on a temporary basis or serving as judge or solicitor-general pro tempore of a state court. (10) `Juvenile court judge' means a juvenile court judge now or hereafter appointed or otherwise holding office pursuant to Code Section 15-11-3 relative to the creation of juvenile courts, except judges of the superior courts sitting as juvenile court judges and juvenile court judges who are members of local retirement or pension systems created by local law. (11) `Predecessor retirement system' means the District Attorneys' Retirement System, the Superior Court Judges Retirement System, and the Trial Judges and Solicitors Retirement Fund, collectively or individually. (12) `Regular interest' means interest at such rate as shall be determined by the board of trustees, which interest shall be compounded annually. (13) `Retirement system' means the Georgia Judicial Retirement System. (14) `State court' means any court created pursuant to the provisions of Chapter 7 of Title 15 or any court continued as a state court by Article VI, Section X of the Constitution of the State of Georgia; provided, however, that such term shall not include the State Court of Fulton County. (15) `Superior Court Judges Retirement System' means that retirement system created by Chapter 9 of this title as such chapter existed prior to July 1, 1998. (16) `Trial Judges and Solicitors Retirement Fund' means that retirement fund created by Chapter 10 of this title as such chapter existed prior to July 1, 1998. ARTICLE 2 47-23-20. (a) There is created the Georgia Judicial Retirement System which shall be administered by the Board of Trustees of the Georgia Judicial Retirement System provided for by this Code section. (b) The board shall be composed of all members of the Board of Trustees of the Employees' Retirement System of Georgia and three additional members appointed by the Governor, each of whom shall be either:

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(1) A superior court judge; (2) A state court judge; (3) A district attorney; (4) A state court solicitor-general; or (5) A juvenile court judge. (c) The first members appointed by the Governor pursuant to subsection (b) of this Code section shall be appointed to take office on July 1, 1998. The Governor shall designate two of the initial appointees to serve initial terms of two years and one of the initial appointees to serve a term of four years. Thereafter, the Governor shall appoint successors to take office upon the expiration of the respective terms of office for terms of four years and until their successors are appointed and qualified. Such members of the board shall be eligible for successive appointment as members and shall serve until their successors are appointed and qualified. Any vacancy for any reason in the membership of the board appointed by the Governor shall be filled by appointment of the Governor for the unexpired term. (d) The trustees may receive the daily expense allowance authorized for members of the General Assembly for each day spent attending meetings of the board of trustees and any committee meetings called pursuant to authorization of the board of trustees and for time spent in necessary travel. In addition to such amount, the trustees shall be reimbursed for all actual travel and other expenses necessarily incurred through service on the board of trustees. State officials serving ex officio shall not receive the daily expense allowance but shall be entitled to reimbursement of actual expenses. (e) Six members at any meeting of the board shall constitute a quorum to transact business, but the affirmative vote of five members shall be necessary for a decision by the board. (f) The officers and director of the board shall be the same as the officers and director of the Board of Trustees of the Employees' Retirement System of Georgia. 47-23-21. (a) The board is given the following authority, powers, and duties: (1) To contract with proper federal authorities for old-age, survivors, and disability insurance coverage under the Social Security Act; (2) To provide for the collection of all moneys provided for in this chapter; (3) To provide for the payment of all administrative expenses;

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(4) To hear and decide all applications for retirement and disability benefits provided for under this chapter; (5) To adopt such tables as it shall deem desirable in connection with the proper operation of the retirement system; (6) To provide for the payment of all retirement and disability benefits that may be determined to be due under the rules and regulations as adopted by the board; (7) To make and promulgate all necessary rules and regulations, not inconsistent with the laws of this state, to carry out this chapter and to distribute such rules and regulations to members of this retirement system; (8) To determine eligibility of persons to receive retirement benefits and disability benefits under this chapter; (9) To make provisions for refunds and repayments to persons who may be entitled to receive them; and (10) To keep records of all of its meetings. (b) (1) Subject to the terms and limitations of this subsection, the board of trustees is authorized to adopt from time to time a method or methods of providing for increases in the maximum monthly retirement benefit payable under Article 7 of this chapter for persons therefore or thereafter retiring under this chapter. Such method shall be based upon: (A) The recommendation of the actuary of the board of trustees; (B) The maintenance of the actuarial soundness of the fund in accordance with the standards provided in Code Section 47-20-10 or such higher standards as may be adopted by the board; and (C) Such other factors as the board deems relevant. Any such increase may be uniform or may vary in accordance with the time of retirement, length of service, age, nature of the retirement, or such other factors as the board of trustees shall determine. (2) No increase granted pursuant to paragraph (1) of this subsection shall exceed 3 percent of the maximum monthly retirement benefit then in effect. Thereafter, such increases may be authorized effective as of January 1 and July 1 of each year; provided, however, that no such increase shall exceed 1 1/2 percent of the maximum monthly retirement benefit then in effect. (3) No increase shall be made pursuant to paragraph (1) of this subsection to become effective within six months of the effective date of any increase in the maximum retirement benefit granted by the General Assembly through amendment of Article 7 of this chapter.

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(c) The board shall also have all other powers necessary for the proper administration of this chapter. 47-23-22. (a) The board shall have control of the funds provided for in this chapter and all funds received by the board shall be deposited into the Georgia Judicial Retirement System Fund. The benefits provided for in this chapter and all administrative expenses shall be paid from such fund. The board shall have authority to expend the funds in accordance with this chapter. (b) The board shall have full power to invest and reinvest such funds, subject to all the terms, conditions, limitations, and restrictions imposed by the laws of this state upon domestic life insurance companies in the making and disposing of their investments, except that the board of trustees may invest in corporations or in obligations of corporations organized under the laws of this state or any other state or under the laws of any foreign country, but only if the corporation has a market capitalization equivalent to $100 million; provided, however, that the board shall not invest more than 5 percent of the investment portfolio in corporations or in obligations of corporations organized in a country other than the United States or Canada. Subject to such terms, conditions, limitations, and restrictions, the board shall have full power to hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds are invested, including the proceeds of any investments and any money belonging to the fund. (c) The board is authorized to employ agents, including, but not limited to, banks or trust departments thereof, and to contract with such agents for their services as advisers and counselors, who will make recommendations for investments and make investments if the board so authorizes. 47-23-23. The board may take, by gift, grant, or bequest, any money, real or personal property, or any other thing of value and may hold or invest the same for the uses and purposes of the retirement system in accordance with this chapter. 47-23-24. The board shall keep permanent records of all its accounts in granting retirement and disability benefits and shall keep proper records and books concerning its operation. Each year the board shall publish an audited annual financial statement of the retirement system. 47-23-25. In order to pay the administrative expenses of the fund and upon the receipt of a request from the board on or after July 1, 1998, and each

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year thereafter, the Department of Administrative Services is authorized and directed to pay into the fund, from funds appropriated or otherwise available for the operation of the superior courts of this state, an amount sufficient to pay the administrative expenses of the fund as certified by the board to the Department of Administrative Services. 47-23-26. The board shall contract with the Employees' Retirement System of Georgia for the administration of the fund. 47-23-27. The Attorney General shall be legal adviser of the board. 47-23-28. All employer and employee contributions, plus the earnings on such amounts, made to a predecessor retirement system by or on behalf of any member of this retirement system, together with all other funds and assets held by such retirement systems shall be transferred to the Georgia Judicial Retirement System Fund created by this article on July 1, 1998. ARTICLE 3 47-23-40. Any person who on June 30, 1998, was an active, inactive, or retired member of a predecessor retirement system shall be transferred to this retirement system in the same status effective July 1, 1998. Any person who on June 30, 1998, was a beneficiary of a predecessor retirement system shall become a beneficiary of this retirement system in the same status effective July 1, 1998; provided, however, that, except as otherwise expressly provided, the benefits of any beneficiary so transferred shall continue to be calculated as such benefits were calculated on June 30, 1998. 47-23-41. (a) Any person who becomes a superior court judge, a judge or solicitor-general of a state court, a juvenile court judge, or a district attorney on or after July 1, 1998, shall be a member of this retirement system and shall make employee contributions into the fund. The provisions of this subsection shall not apply to a person who elected membership in the Employees' Retirement System of Georgia pursuant to Code Section 47-2-260. (b) No juvenile court judge who also serves as a judge or solicitor-general of a state court shall be eligible to obtain separate service under this chapter for each position held, and such service shall be combined for the purposes of this chapter. Any person holding two such positions shall make employee contributions under this chapter on the basis of the

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compensation received for both such positions, and the compensation received for both such positions shall be combined for all purposes under this chapter. 47-23-42. Judges and solicitors-general of state courts who are members of the Employees' Retirement System of Georgia pursuant to Code Section 47-2-290 shall not be eligible to become members of this retirement system. 47-23-43. Any person subject to the provisions of Code Section 47-2-334 who is employed pursuant to Code Section 28-4-3 or 45-15-31 in a full-time position requiring admission to the State Bar of Georgia as a condition of employment may make an irrevocable election to become a member by so notifying the board of trustees not later than December 31, 1998, or within 90 days after becoming so employed, whichever date is later. Any such person shall be credited with service in this retirement system only for actual service in such position. The Employees' Retirement System of Georgia shall transfer to this retirement system all employer and employee contributions paid by or on behalf of any such member with regular interest thereon. The member is authorized, but not required, to pay to the board of trustees such additional amount as the member desires, each payment to be made within 12 months of electing to become a member of this retirement system. Such member shall receive only such creditable service, not to exceed the actual years of service, as that amount will warrant without creating any accrued liability to this retirement system calculated as if the member had either elected or rejected spouse's survivor's benefits at the member's option. Any such member who was vested in the Employees' Retirement System of Georgia at the time of making such election shall be vested in this retirement system but if applicable shall receive a retirement benefit reduced as provided in Code Section 47-23-102. Such persons shall be subject to all provisions of this chapter applicable to solicitors-general of the state courts. 47-23-44. (a) The provisions of this Code section shall apply only to persons who become members or beneficiaries of this retirement system by operation of Code Section 47-23-40. (b) Any beneficiary of this retirement system subject to the provisions of this Code section who on June 30, 1998, was receiving a benefit from two predecessor retirement systems shall continue to receive both such benefits from this retirement system as if he or she were a beneficiary of two retirement systems.

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(c) Any member subject to this Code section who on June 30, 1998, is receiving a retirement benefit from one predecessor retirement system and is an active member of another predecessor retirement system shall continue to receive such retirement benefit from this retirement system and shall continue as an active member of this retirement system. Upon complying with all conditions precedent to receiving a benefit under this retirement system, such member shall be entitled to receive both such benefits in the same manner as if he or she were a member of two separate retirement systems. (d) Any member subject to the provisions of this Code section who on June 30, 1998, has ten or more years of creditable service in one predecessor retirement system but has not yet begun receiving a retirement benefit and who on such date was an active member of another predecessor retirement system may: (1) Continue his or her status in this retirement system as if he or she were a member of two retirement systems, and upon retirement his or her retirement benefits in both capacities shall be calculated as provided under this retirement system; or (2) Combine the years of service under the predecessor retirement system with his or her years of service under this retirement system as provided in Code Section 47-23-45. (e) (1) As used in this subsection, the term `category of covered position' means service as: (A) A judge of the superior courts; (B) A judge or solicitor-general of a state court or a juvenile court judge; or (C) A district attorney. (2) Any member subject to the provisions of this Code section who after June 30, 1998, obtains ten or more years of service in one category of covered positions and who subsequently becomes employed in another category of covered position may, at his or her option: (A) Consider himself or herself vested in a retirement benefit in the initial position and begin accruing service in the subsequent position as if he or she were a member of two retirement systems; or (B) Combine the years of service under this retirement system as provided in Code Section 47-23-45. 47-23-45. Any member of this retirement system shall be entitled to remain as a member by holding any position or office covered by the fund and shall

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receive full credit for all service as a member despite his or her change from one position or office to another covered by the fund. Upon becoming eligible for retirement, however, retirement benefits shall be determined in accordance with Code Sections 47-23-101 and 47-23-102. 47-23-46. Any member who on June 30, 1998, was entitled to remain a member of the District Attorneys' Retirement System while employed in a position covered by Chapter 2 of this title pursuant to the provisions of Code Section 47-13-40.1, as such Code section appeared on June 30, 1998, shall have the same privileges with regard to this retirement system. This Code section shall not apply to any other member of this retirement system. 47-23-47. The board of trustees shall transfer to the Employees' Retirement System of Georgia all contributions made to the fund by a member who transfers to the Employees' Retirement System of Georgia; and the commissioner of administrative services is authorized and directed to pay from the funds appropriated for the operating expenses of the superior courts of this state an additional amount equal to the 5 percent contribution of such member plus an additional 20 percent of the contribution, so that the state contribution shall be in accordance with the Employees' Retirement System of Georgia. ARTICLE 4 47-23-60. Any creditable service credited to any member of this retirement system pursuant to a predecessor retirement system shall be deemed to be creditable service for the purposes of this chapter, effective July 1, 1998. 47-23-61. Any member who on June 30, 1998, was entitled to receive creditable service for prior service as a state court judge, state court solicitorgeneral, or juvenile court judge pursuant to the provisions of Code Section 47-9-41.1, as such Code section appeared on June 30, 1998, shall be entitled to establish creditable service under this retirement system, under the same conditions, for such prior service rendered prior to July 1, 1998. This Code section shall not apply to any other member of this retirement system. 47-23-62. (a) (1) Any member who became a member on July 1, 1998, and any member who becomes a member after that date may receive creditable service for the number of years he or she contributed to the

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Employees' Retirement System of Georgia pursuant to Code Section 47-2-262. (2) In order to obtain the creditable service as provided in paragraph (1) of this subsection, the member shall notify the board of directors of this retirement system and the board of trustees of the Employees' Retirement System of Georgia not later than December 31, 1998, or within 90 days after first becoming a member of this retirement system, whichever date is later. Upon such notice, the board of trustees of the Employees' Retirement System of Georgia shall verify the amount of allowable time to the board of trustees of this retirement system. If the requesting member has withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall certify the amount of employee contributions and regular interest thereon which had been credited to the member's account, and the member shall within six months after such certification pay such amount to the board of trustees of this retirement system, together with regular interest thereon from the date of withdrawal to the date of payment. If the requesting member has not withdrawn his or her contributions from the Employees' Retirement System of Georgia, the board of trustees of such retirement system shall transfer to the board of trustees of this retirement system the employee contributions together with regular interest thereon and shall refund to the member any employee contribution he or she paid to such retirement system for any creditable service not allowed by the retirement system. Upon receipt of such funds, the board of trustees of this retirement system shall credit the member with the number of years of creditable service so authorized. (b) (1) Any member may receive creditable service for the number of years he or she would have contributed to the Employees' Retirement System of Georgia pursuant to Code Section 47-2-262 but for the fact that he or she made the election not to become a member of such retirement system. (2) In order to obtain the creditable service as provided in paragraph (1) of this subsection, the member shall notify the board of directors of this retirement system and the board of trustees of this retirement system not later than December 31, 1998, or within 90 days after first becoming a member of this retirement system, whichever date is later, providing such evidence that he or she was eligible for membership in the Employees' Retirement System of Georgia as the board deems necessary. Within six months after such notification, the member shall pay to the board of trustees of this retirement system the employer and employee contributions which would have been paid by or on behalf of such member if he or she had elected to become a member of the Employees' Retirement System of Georgia, together with regular interest thereon.

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(c) No creditable service may be obtained pursuant to the provisions of this Code section for any period for which creditable service has or may be obtained in any other state or local public retirement system. (d) No creditable service obtained pursuant to the provisions of this Code section shall be calculated in determining the minimum number of years of creditable service required for retirement pursuant to Article 6 of this chapter. 47-23-63. (a) As used in this Code section, the term: (1) `Full-time service' means any service in a covered position during which such member was generally prohibited from the practice of law by virtue of holding such position. (2) `Part-time service' means any service in a covered position during which such member was not generally prohibited from the practice of law by virtue of holding such position. (b) Any member who, on the effective date of his or her retirement, was serving in a part-time position shall be entitled to use all of his or her prior service credit for purposes of vesting for benefits and for the calculation of benefits. (c) Any member who on the effective date of his or her retirement was serving in a full-time position shall not be entitled to use any prior part-time service for vesting for benefits and shall be entitled to use such prior service for the calculation of benefits on the basis of one month of credit for each three months of prior part-time service. (d) Notwithstanding any provision of subsection (b) or (c) of this Code section to the contrary, any member who became a member pursuant to Code Section 47-23-40 shall be entitled to calculate his or her service as provided in the predecessor retirement system of which he or she was a member. ARTICLE 5 47-23-80. (a) The provisions of this Code section shall be applicable to judges of the superior courts and district attorneys. The amount of employee contributions to the fund by superior court judges shall be 7 1/2 percent of the salaries from state funds provided by law for judges of the superior courts. The amount of employee contributions to the fund by district attorneys shall be 7 1/2 percent of the salaries from state funds provided by law for district attorneys. The Department of Administrative Services is authorized to deduct 7 1/2 percent monthly from the salary of each judge of the superior courts and each district attorney who is a member of the retirement system to cover the employee contributions to the

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fund. The Department of Administrative Services is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The Department of Administrative Services is authorized and directed to pay, from the funds appropriated or otherwise available for the operation of the superior courts of the state, any required employer contribution for social security coverage on such judges and district attorneys. From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund the employer contributions, including contributions to fund any creditable service authorized by this chapter, which, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits and the spouses' benefits under this chapter. (b) The deductions from state salaries and allowances payable to judges of the superior courts and district attorneys shall be made, notwithstanding that the compensation and allowances fixed by law for such judges and district attorneys shall be reduced thereby. Such judges and district attorneys shall be deemed to consent and agree to the deductions made; and payment of the salary and compensation and allowances, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and district attorneys during the period covered by such payment. (c) The employer shall pay to the retirement system on each and every payroll period employee contributions on behalf of and to the credit of each judge and district attorney in an amount equal to the amount which would be paid to the annuity savings fund pursuant to Code Section 47-2-54 if the judge or district attorney were a member of the Employees' Retirement System of Georgia. Such members shall continue to have deducted from their state salaries the additional amount of employee contributions required by this chapter. Such monthly contributions made by the employer on behalf of a member shall be included in the computation of the member's state salary for purposes of computing retirement benefits. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section. 47-23-81. (a) The provisions of this Code section shall be applicable to judges and solicitors-general of state courts. The basis for employer and employee contributions to the fund with respect to a judge or solicitor-general of a state court shall be the actual salary received as such judge or

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solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges. (b) (1) The employee contributions with respect to judges and solicitors-general of state courts who are compensated by salaries paid by the employing units which pay the costs of the operation of such courts shall be 7 1/2 percent of the amount of such salaries. A person to be designated by each such employing unit shall report the amount of such salaries to the board by not later than the fifteenth day of each calendar month. The employing units are authorized to pay any portion of the employee contribution and to deduct employee contributions from the salaries of such judges and solicitors-general and to pay the contributions into the fund. Such contributions shall be forwarded to the board at the same time the report of the salaries of such judges and solicitors-general is forwarded. The employing units are also authorized to make an additional deduction from such salaries to cover any required employer tax for social security coverage. The deduction from the salaries payable to such judges and solicitors-general of state courts shall be made, notwithstanding that such salaries fixed by law for such judges and solicitors-general are reduced thereby. Such judges and solicitors-general shall be deemed to consent and agree to the deductions made; and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such judges and solicitors-general during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. The Department of Administrative Services is authorized and directed to pay from the funds appropriated or otherwise available for the operation of the superior courts of the state any required employer contribution for social security coverage on such members. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as

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appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section. 47-23-82. (a) The provisions of this Code section shall be applicable to juvenile court judges. The basis for employer and employee contributions to the fund with respect to juvenile court judges shall be the salary paid to such judges by the employing units paying the cost of the operation of the juvenile courts, unless such salary exceeds the state salary paid to superior court judges, as now or hereafter fixed by law, in which event the basis for such employer and employee contributions shall be the same as the state salary paid to judges of the superior courts. (b) (1) The employee contributions with respect to juvenile court judges who are compensated by salaries paid by the employing units which pay the costs of the operation of such courts shall be 7 1/2 percent of the amount of such salaries. A person to be designated by each such employing unit shall report the amount of such salaries to the board by not later than the fifteenth day of each calendar month. The employing units are authorized, but not required, to pay any portion of the employee contribution on behalf of the member and to deduct such employee contributions from the salaries of such juvenile court judges and to pay the contributions into the fund. Such contributions shall be forwarded to the board at the same time the report of the salaries of such juvenile court judges is forwarded. The employing unit is also authorized to make an additional deduction from such salaries to cover any required employee tax for social security coverage. The deduction from the salaries payable to such juvenile court judges shall be made, notwithstanding that such salaries fixed by law for such juvenile court judges are reduced thereby. Such juvenile court judges shall be deemed to consent and agree to the deductions made; and payment of such salaries, less such deductions, shall be a full and complete discharge of all claims and demands whatsoever for the services rendered by such juvenile court judges during the period covered by such payment. (2) From funds appropriated or otherwise available for the operation of superior courts, the Department of Administrative Services is authorized and directed to pay into the fund provided for by this chapter monthly employer contributions, including contributions to

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fund any creditable service authorized by this chapter. Such amounts are to be determined by the board and, together with employee contributions and the earnings of the fund, shall be an amount sufficient to fund the service and disability retirement benefits under this chapter. (c) It shall be the duty of each employing unit affected by this chapter to designate a responsible person to submit the reports and forward the employee contributions set forth in this Code section. It shall be the duty of the person so designated to comply with this Code section. If the required reports and employee contributions are not forwarded to the board or if duplicate copies of the reports are not directed to the Office of Treasury and Fiscal Services, in accordance with this Code section, as appropriate, the Office of Treasury and Fiscal Services is authorized to withhold any state payments payable to the governmental unit failing to forward such reports and employee contributions until such time as such reports and contributions have been received. (d) All members shall retain, have, and be subject to all other rights, privileges, obligations, and duties otherwise provided for in this chapter; and all such other provisions shall remain of full force and effect with respect to any matter not specifically provided for in subsection (c) of this Code section. 47-23-83. Whenever any member of this retirement system terminates his or her membership prior to acquiring a vested right to any retirement benefits and withdraws his or her total employee contributions, plus regular interest, from the funds held by the board, the following shall occur: (1) The employer's contributions paid to the board on behalf of such withdrawing member shall continue to be held within the funds controlled and administered by the board and shall not be returned to the employer; and (2) The employer's contributions paid to the board on behalf of such withdrawing member shall be treated as actuarial gains and shall be applied toward the future decrease of employer's contributions and shall not be used or applied to increase retirement benefits to other members of the retirement system. ARTICLE 6 47-23-100. As used in this article, the term `salary' means: (1) For superior court judges, the salaries from state funds provided by law for judges of the superior courts on the date the member begins receiving a retirement benefit;

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(2) For district attorneys, the salaries from state funds provided by law for district attorneys on the date the member begins receiving a retirement benefit; (3) For judges and solicitors-general of state courts, the average annual compensation received as such judge or solicitor-general; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges; and (4) For juvenile court judges, the average annual compensation received as such juvenile judge; provided, however, that for members who become members after July 1, 1998, such amount shall not exceed the salary from state funds provided by law for superior court judges. (5) The monthly employee contributions made by the employer on behalf of the member under Code Sections 47-23-80, 47-23-81, and 47-23-82 shall be used in the computation of the member's salary for the computation of the member's retirement benefits. 47-23-101. For members who become members after July 1, 1998, no portion of any salary, as defined in Code Section 47-23-100, earned after July 1, 1998, which is used to calculate benefits under this retirement system may be used to calculate benefits under any other state or local retirement system or pension plan. 47-23-102. The right of a member to receive benefits under this chapter shall vest after the member obtains ten years of creditable service; provided, however, that no member shall receive a retirement benefit prior to attaining the age of 60 years. A member retiring with 16 years or more of creditable service shall receive a benefit equal to 66.66 percent, plus 1 percent for each year of creditable service over 16 years, of the member's salary; provided, however, that no member shall receive more than 24 years of creditable service. A member retiring with less than 16 years of creditable service may retire at a reduced benefit pursuant to Code Section 47-23-103. 47-23-103. (a) In lieu of retirement at the benefit level provided by Code Section 47-23-102, a member may retire at any time after attaining the age of 60 years and after obtaining a minimum of ten years of creditable service. The monthly retirement benefit for such early retirement shall be a percentage of the benefit under Code Section 47-23-100, and such percentage shall be the proportion which the number of years of creditable service the member has in the retirement system bears to 16.

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(b) A member may retire pursuant to this Code section by making written application to the board setting forth at what time, not less than 30 days nor more than 90 days subsequent to the filing of such application, such member desires to be retired. All retirements shall be effective on the first day of the month following the month in which the member terminated his or her service. 47-23-104. (a) After obtaining a minimum of four years of creditable service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be one-half of the maximum retirement benefits provided by Code Section 47-23-102 for 16 years of service, unless the member would otherwise qualify for a greater benefit under Code Section 47-23-102 or 47-23-103, in which event the Code section providing the highest benefit would apply. (b) After obtaining a minimum of ten years of actual service, any member who becomes totally and permanently disabled to the extent that he or she is unable to perform the duties of his or her office shall be entitled to receive a disability retirement benefit which shall be two-thirds of the maximum retirement benefits provided by Code Section 47-23-102. (c) The disability of any member applying for disability retirement benefits shall be determined by the board in the same manner and under the same procedure as disability of state employees is determined in accordance with the applicable provisions of the Employees' Retirement System of Georgia. Disability retirement benefits shall become effective on the first day of the month following the month the member resigns as a result of the disability. 47-23-105. (a) (1) Except as otherwise provided by subsection (b) of this Code section, each member of this retirement system shall pay for spouses' benefits an employee contribution of 2 1/2 percent of the salary paid to such member. Such contribution shall be in addition to that required under Article 5 of this chapter. The employing unit shall be authorized to deduct monthly the employee contributions required for spouses' benefits. Such contribution shall cease after the member has paid the contribution for a total of 16 years. (2) Upon the death of a member who is subject to this subsection and who has attained a minimum of ten years of creditable service and at least 60 years of age, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit which the member was receiving at the time of the

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member's death, if retired at such time, or which would have been payable to the member had the member retired as of the date of the member's death. (3) Upon the death of a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received had the member continued in service and retired at age 60. (4) Upon the death of a member other than a member who became a member by operation of Code Section 47-23-40 and who has attained a minimum of ten years of creditable service but had not attained age 60 at the time of death, the surviving spouse of such member shall be entitled to receive for life a monthly sum equal to 50 percent of the retirement benefit the member would have received as if the member were age 60 on the date of death based on the number of years of creditable service the member had on the date of death. (b) (1) Any member of this retirement system shall have the right to reject the spouses' benefits provided by this Code section by notifying the board in writing of such rejection on a form to be supplied by the board within 90 days after becoming a member, whichever date is later. (2) Any member who becomes a member of this retirement system by operation of Code Section 47-23-40 who rejected the spouses' benefits provided by this Code section pursuant to paragraph (1) of this subsection may subsequently obtain such benefits by so notifying the board in writing and by tendering all amounts which such member would have paid pursuant to subsection (a) of this Code section if such member had not rejected such benefits, together with regular interest thereon. (c) If the spouse of a member dies or if a member ceases to be married, then such member who has elected to obtain spouses' benefits pursuant to this Code section may cease making the employee contributions for spouses' benefits. Such member shall notify the board in writing to cease deducting such employee contributions. Such notice shall be given within 90 days after the date of the death of the spouse or after the date the member ceases to be married; and, upon such notification, no further deductions shall be made. When a member ceases to make such employee contributions, there shall be no return of such contributions previously made by such member. (d) Any member of this retirement system who rejects spouses' benefits coverage or who ceases such coverage pursuant to subsection (c) of this Code section because such member was unmarried at the time of such rejection, because such member's spouse died, or because such member

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ceased to be married shall have the option to elect spouses' benefits within 90 days after becoming married or remarried, as the case may be. Any member so electing must make the necessary contributions for spouses' benefits coverage for a total of at least ten years with regular interest thereon in order for such member's spouse to qualify for the spouses' benefits provided for by this Code section. (e) In order to vest for spouses' benefits, the member must have made the employee contributions for such benefits for at least ten years. (f) Any member may designate a natural person other than his or her spouse to receive a survivor's benefit in the same manner and under the same conditions as provided for spouses' benefits; provided, however, that any person so designated shall receive a benefit equal to the normal spouse's benefit actuarially reduced in accordance to such person's projected life span. 47-23-106. (a) Whenever any county within a judicial circuit supplements the state salary paid to active superior court judges or the district attorney of said circuit, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired superior court judge or district attorney of said circuit who is receiving benefits pursuant to this chapter or to supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased superior court judge or district attorney. (b) Whenever any county which has a state court supplements the salary of the judges or solicitors-general of such court, the governing authority of such county shall be authorized, but not required, to supplement the benefit being paid pursuant to this chapter to any retired state court judge of such court who is receiving benefits pursuant to this chapter or supplement the benefit being paid pursuant to this chapter to any beneficiary of any deceased state court judge. 47-23-107. If there is no surviving spouse or survivor of a member covered by Code Section 47-23-105 or if a member not covered by such Code section dies before retirement, the amount of accumulated contributions made by such member, with regular interest on such amount, shall be paid to his or her named beneficiary, if any, or to the living person, if any, nominated by written designation of the member duly executed and filed with the board, otherwise to the member's estate. 47-23-108. Except as otherwise expressly provided in this chapter, if a member ceases to be employed in a covered position, he or she may withdraw the total sum, with 6 percent interest, which he or she has paid into the fund.

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The member shall not be eligible at any time after such withdrawal to become a member of the fund, unless at a later date he or she becomes employed in a covered position, in which event he or she shall be reinstated into the fund as if he or she had never before been a member. Any such reinstated member shall have the privilege of reestablishing any prior creditable service, provided that the member repays into the retirement system an amount equal to the amount withdrawn, together with 6 percent interest from the date of withdrawal to the date of repayment, which interest shall be placed in the accumulation fund. The employee contributions paid by the employer as provided in subsection (c) of Code Section 47-23-80 shall be considered to be payments made by the member. 47-23-109. (a) Except as provided in subsection (b) of this Code section, if any retired member returns to the service of the state in any position except as a member of the General Assembly, his or her retirement allowance shall cease. Upon cessation of such service, the retired member, after proper notification to the board, shall receive the same retirement allowance which he or she was receiving prior to returning to state service, calculated with any increases granted during the period of compensation. (b) The retirement allowance of a retired member who returns to the service of the state in any position other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such service in any calendar year; provided, however, that no such retired member shall be eligible for employee health benefits other than those available to the member as a part of his or her retirement benefits or for any annual leave, any sick leave, or any other employee benefits available to a state employee in the classified service of the State Merit System of Personnel Administration. 47-23-110. Any member retired under this chapter or vested for a benefit under this chapter may serve as a senior judge as provided for in Code Section 15-1-9.2 or Code Section 15-1-9.3 or as otherwise provided by legislation enacted after July 1, 1998, and compensation for such service shall not affect, enhance, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. ARTICLE 7 47-23-120. This chapter shall not deny or abridge any right, benefit, option, credit, or election to which any person was entitled under a predecessor retirement system on June 30, 1998, and the board of trustees is

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authorized and directed to provide by regulation for the continuation of any such right, benefit, option, credit, or election not otherwise covered in this chapter. All other persons who become members shall be subject to the provisions of this chapter. 47-23-121. The return of contributions, any optional benefit, or any other right accrued or accruing to any person under this chapter and the moneys in the fund created by this chapter are exempt from levy and sale, garnishment, attachment, or any other process whatsoever and shall not be assignable, except as otherwise specifically provided in this chapter. 47-23-122. (a) Any person who knowingly makes any false statements or falsifies or permits to be falsified any record or records of the retirement system in an attempt to defraud the retirement system as a result of such an act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $500.00, imprisonment not to exceed 12 months, or both. (b) If any change or error in the records results in any member or beneficiary receiving from the fund more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and to adjust the payments, as far as practicable, in such a manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid. (c) No member of this retirement system shall be eligible to make contributions to the Employees' Retirement System of Georgia or to the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title nor shall any such member be eligible for appointment as senior judge pursuant to Chapter 8 of this title. 47-23-123. No member of this retirement system shall be eligible to participate in the Superior Court Judges Retirement Fund of Georgia created by Chapter 8 of this title or the District Attorneys Emeritus and the District Attorneys Retirement Fund of Georgia created by Chapter 12 of this title. 47-23-124. It is the intention of the General Assembly that except as is expressly provided in the Act creating this retirement system, the benefits and conditions precedent to receiving benefits as provided by this chapter shall apply to all covered positions equally, and no legislation shall be enacted modifying or repealing any provision of this chapter which would create a contrary result.

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SECTION 2 . Said title is further amended by repealing in their entirety and reserving Chapters 9, 10, and 13, relating to the Superior Court Judges Retirement System, the Trial Judges and Solicitors Retirement Fund, and the District Attorneys' Retirement System, respectively. SECTION 3 . Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking in their entirety Code Section 15-1-9.2, relating to requests for assistance of senior judges appointed pursuant to Chapter 8 or 9 of Title 47 or Chapter 3A of Title 15, and Code Section 15-1-9.3, relating to requests for assistance of senior judge appointed pursuant to Article 8 of Chapter 10 of Title 47, and inserting in lieu thereof, respectively, the following: 15-1-9.2. (a) The office of senior judge of the superior courts is created, and judges of the superior courts or former judges of the superior courts may become senior judges as follows: (1) Any judge of the superior courts who retires pursuant to the provisions of Chapter 8 or Chapter 23 of Title 47 and any such judge who receives a disability retirement benefit under such chapter may become a senior judge beginning on the effective date of the judge's retirement; and (2) Any judge of the superior courts, whether or not said judge is a member of the retirement system created by Chapter 23 of Title 47, who ceases holding office as a judge of the superior courts and who has at least ten years of service as a judge of the superior courts at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may become a senior judge. (b) The chief judge of any appellate or superior court of this state may make a written request for assistance to a senior judge. The request by the chief judge may be made if one of the following circumstances arise: (1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1.

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(c) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the speedy and efficient disposition of the business of the circuit. (d) Senior judges serving as judges of the appellate or superior court under this Code section or any other provision of law shall be compensated in the amount of $165.00 per day for such service. In addition to such compensation, such senior judges shall receive their actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as other state employees for such services. Such compensation, expenses, and mileage shall be paid from state funds appropriated or otherwise available for the operation of the appellate or superior courts, upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge. 15-1-9.3. (a) (1) Any state court judge or juvenile court judge who retires pursuant to the provisions of Chapter 23 of Title 47 after having served for ten or more years in any combination of service as a judge of a state court or juvenile court may be appointed a senior judge of the type of court from which the judge retired. (2) Any state court or juvenile court judge, whether or not said judge is a member of the retirement fund created by Chapter 23 of Title 47, who ceases holding office as a judge and who has at least ten years in any combination of service as judge of a state court or juvenile court at the time of ceasing to hold office and who is not eligible for appointment to the office of senior judge under any other law of this state may be appointed as a senior judge as provided in this Code section. (3) No judge of a state court or juvenile court who retires because of disability pursuant to the provisions of Chapter 23 of Title 47 shall be eligible for appointment as a senior judge pursuant to the provisions of this Code section. (b) Upon becoming eligible for appointment pursuant to the provisions of this Code section, a judge who ceases to hold office may become a senior judge and in that capacity may be called upon to serve as a justice or judge in any court of this state. (c) Senior judge status shall be acquired by a qualified former judge's applying to the Governor for appointment as senior judge. The Governor shall appoint each qualified applicant as a senior judge.

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(d) The judge of any court of this state may make a written request for assistance to a senior judge. The request by the judge may be made if one of the following circumstances arise: (1) A judge of the requesting court is disqualified for any cause from presiding in any matter pending before the court; (2) A judge of the requesting court is unable to preside because of disability, illness, or absence; or (3) A majority of the judges of the requesting court determines that the business of the court requires the temporary assistance of an additional judge or additional judges as provided for in Code Section 15-1-9.1. (e) An active judge may call upon a senior judge to serve in an emergency or when the volume of cases or other unusual circumstances cause such service to be necessary in order to provide for the timely and efficient disposition of the business of the court. (f) A senior judge serving as a judge of a superior court, juvenile court, or any appellate court under this Code section shall be compensated in the amount of $165.00 per day for such service, and such compensation shall be paid from state funds appropriated or available for the operation of the court on which the senior judge serves. For service as a judge of any other court, the compensation of a senior judge under this Code section shall be that which is normally paid to a substitute judge of the court in which the senior judge is serving, and such compensation shall be paid from any funds available for the operation of such court. In addition to such compensation, a senior judge shall receive actual expenses or, at the judge's option, in the event of service outside the county of the judge's residence, the same per diem expense authorized by law for members of the General Assembly and shall receive mileage at the same rate as state employees for such services. Such expenses and mileage shall be paid from the same source of funds which pays the compensation of a senior judge as provided in this subsection upon a certificate by the senior judge as to the number of days served or the expenses and mileage. Such compensation and expenses shall not affect, diminish, or otherwise impair the payment or receipt of any retirement or pension benefits, when applicable, of such judge. SECTION 4 . Said title is further amended by striking subsection (g) of Code Section 15-3-1, relating to the composition of the court of appeals and related matters, and inserting in lieu thereof a new Code section to read as follows: (g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one

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additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case. SECTION 5 . Said title is further amended by striking subsection (d) of Code Section 15-6-30, relating to travel expenses for judges of the superior courts, and inserting in lieu thereof the following: (d) The several judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by this Code section, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state. Senior judges of the superior courts shall, once a month, submit a detailed and certified statement of the items of expense, as authorized by Code Sections 47-8-64 and 47-23-100, to the state auditor; and the state auditor is directed to audit each account and approve same for payment, if found correct, and to transmit the total amount to the Department of Administrative Services for payment from the funds available for the operation of the superior courts of this state. SECTION 6 . Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts and related matters, is amended by striking in its entirety subsection (j), which reads as follows: (j) Pensions . Any judge appointed pursuant to this article who, within 90 days prior to such appointment, was a judge of the juvenile court of a county with a pension plan created by local legislation, and was a contributing member thereof shall have the option of continuing as a member with county contributions and benefits as other members by notifying the offices of said pension plan and the office of the Trial Judges and Solicitors Retirement Fund of the state of such election in writing within 30 days after his appointment. Thereupon the judge shall continue as a member of the local pension plan without interruption of credited service; and the judge shall have deducted thereafter from the total salary paid by the state and county for the judge's services in percentage amounts as is provided for members' contributions, which amounts shall be paid into the pension plan created by local legislation. Nothing in this Code section shall be construed as prohibiting a judge from becoming a member of the Trial Judges and Solicitors Retirement Fund of the state as a juvenile court judge at such time as he withdraws

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further contributions to the pension plan created by local legislation and so notifies the office of the Trial Judges and Solicitors Retirement Fund of the state in writing. SECTION 7 . Code Section 47-2-260 of the Official Code of Georgia Annotated, relating to the continuation of membership in the Employees' Retirement System of Georgia by certain persons, is amended by striking subsection (b) and inserting in lieu thereof the following: (b) Within 30 days after appointment or election as a judge of the superior court or as a district attorney, any such person who elects to continue as a member of the retirement system shall notify the director of the Employees' Retirement System of Georgia and the Department of Administrative Services of that decision. Upon making such election and giving the required notice, a member who is subject to the provisions of this Code section shall not be required to become a member of or make contributions to the Georgia Judicial Retirement System created by Chapter 23 of this title. SECTION 8 . Article 4 of Chapter 12 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for appointment as district attorney emeritus, is amended by striking Code Section 47-12-60, relating to eligibility for retirement from the office of district attorney and appointment to the office of district attorney emeritus, and inserting in lieu thereof the following: 47-12-60. Except as otherwise provided by general law, any person who is in at least his or her nineteenth year of service as district attorney of this state or as both a solicitor of a city court from which appeals can be taken directly to the Court of Appeals and as district attorney shall be eligible for retirement as district attorney and appointment to the office of district attorney emeritus. In computing years of service under this Code section, a person may be given credit for service as assistant district attorney or as an assistant to the district attorney if in the course of such service he or she performed the duties of the district attorney in the prosecution of cases in both the superior court and the city court, provided that such service was rendered immediately prior to his or her appointment or election as district attorney. SECTION 9 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be

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automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. LAW ENFORCEMENT OFFICERS AND AGENCIESDISPATCH CENTER COMMUNICATIONS OFFICERS; TRAINING IN USE OF TELECOMMUNICATION DEVICES FOR THE DEAF (TDD'S). Code Sections 35-8-23 and 46-5-133 Amended. Code Section 36-60-19 Enacted. No. 703 (House Bill No. 812). AN ACT To specify certain requirements with respect to training in the use of telecommunications devices for the deaf (TDD's) for dispatch center communications officers; to amend Code Section 35-8-23 of the Official Code of Georgia Annotated, relating to training and certification of public safety communications officers, so as to require such training for newly certified communications officers; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions of law applicable to counties and municipalities, so as to require that dispatch centers have trained communications officers on staff; to provide certain exceptions; to amend Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the imposition of fees for emergency 911 systems, so as to provide that after a certain date such fees may be imposed only for the support of dispatch centers in compliance with the foregoing requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 35-8-23 of the Official Code of Georgia Annotated, relating to training and certification of public safety communications officers, is amended by adding at its end a new subsection (d) to read as follows: (d) On and after July 1, 1998, the basic training course for communications officers shall include training in the use of telecommunications devices for the deaf (TDD's), and no person shall on or after that date be certified by the council under this Code section unless such person has satisfactorily completed such training.

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SECTION 2 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions of law applicable to counties and municipalities, is amended by adding at its end a new Code Section 36-60-19 to read as follows: 36-60-19. (a) On and after January 1, 1999, every dispatch center operated by any county or municipality to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel shall comply with the requirements of this Code section. Each such dispatch center shall have on duty at all times at least one communications officer who is certified as having been trained in the use of telecommunications devices for the deaf (TDD's), as provided for in subsection (d) of Code Section 35-8-23. However, a dispatch center which is staffed by ten or fewer communications officers shall be considered in compliance with this Code section; provided, however, that on and after January 1, 1999, no dispatch center shall be permitted to employ any additional or replacement communications officers who are not certified as having been trained in the use of telecommunications devices for the deaf (TDD's) as provided for in subsection (d) of Code Section 35-8-23. (b) On and after January 1, 1999, no monthly `911' charge provided for in Code Section 46-5-133 may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section. SECTION 3 . Code Section 46-5-133 of the Official Code of Georgia Annotated, relating to the imposition of fees for emergency 911 systems, is amended by adding at its end a new subsection (c) to read as follows: (c) On and after January 1, 1999, no monthly `911' charge provided for in this Code section may be imposed or continue to be imposed unless each dispatch center funded in whole or in part from such charges is in compliance with Code Section 36-60-19, relating to required TDD training for communications officers. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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RETIREMENT AND PENSIONSPUBLIC SCHOOL EMPLOYEES RETIREMENT SYSTEM; SPOUSES' BENEFITS FOR PREVIOUSLY UNMARRIED RETIREES. Code Section 47-4-102 Amended. No. 704 (House Bill No. 1082). AN ACT To amend Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional retirement benefits under the Public School Employees Retirement System, so as to provide that a member who is unmarried at the time of retirement and who subsequently marries may establish spouse's benefits for his or her spouse; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-4-102 of the Official Code of Georgia Annotated, relating to optional retirement benefits under the Public School Employees Retirement System, is amended by inserting immediately following subsection (e) a new subsection to read as follows: (f) (1) As used in this subsection, the term `retired member' means a person retired under this chapter who was unmarried at the time of his or her retirement. (2) In the event a retired member marries subsequent to his or her retirement, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and establish on behalf of the spouse Option A or B. Such election must be made by December 31, 1998, or within six months after the date of marriage, whichever date is later. (3) This subsection applies to retired members who retired at any time prior to July 1, 1998, as well as to those who retire on or after that date. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be

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automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. PROFESSIONS AND BUSINESSESCHARITABLE ORGANIZATIONS SOLICITING CONTRIBUTIONS; AUDITS; REGISTRATION. Code Section 43-17-5 Amended. No. 705 (House Bill No. 1143). AN ACT To amend Code Section 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations which solicit or accept charitable contributions, so as to change certain requirements with respect to the review or audit of financial statements; to change certain provisions regarding initial and renewal applications for registration; 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 43-17-5 of the Official Code of Georgia Annotated, relating to registration of charitable organizations which solicit or accept charitable contributions, is amended by striking paragraphs (4) and (9) of subsection (b), and inserting in their place new paragraphs (4) and (9), respectively, to read as follows: (4) There shall be filed with such application a financial statement of the charitable organization or a consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year prior to the filing of the registration statement. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing unless the last fiscal year of the charitable organization has ended within 90 days prior to the date of filing, in which case such certified financial statement may be as of the end of the fiscal year preceding such last fiscal year. If the charitable organization has received or

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collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. (9) Every registration under this Code section shall be valid for a period of 12 months from its date of effectiveness. The registration must be renewed on or before the expiration date each year by the submission of a renewal application containing the information required in an application for registration, to the extent that such information has not previously been included in an application or renewal application previously filed, by the payment of the proper registration fee, and by the filing of a financial statement as of a date within one year prior to the date of filing. If the charitable organization has received or collected more than $1 million during its preceding fiscal year, the financial statement shall be prepared by an independent certified public accountant and shall be a certified financial statement of the charitable organization or a certified consolidated financial statement of the charitable organization and its subsidiaries as of a date within one year of the date of filing unless the fiscal year of the applicant has ended within 90 days prior to the date of filing, in which case the financial statement may be dated as of the end of the preceding fiscal year. If the charitable organization has received or collected more than $500,000.00 but not more than $1 million during its preceding fiscal year, the financial statement shall be reviewed by an independent certified public accountant and such certified public accountant's review report, prepared in accordance with generally accepted accounting principles as of a date within one year prior to the date of filing, shall be filed with the financial statement. If the charitable organization has received or collected any charitable contributions during its preceding fiscal year, the financial statement shall have attached thereto a copy of the Form 990, Return of Organization Exempt From Income Tax, or the Form 990EZ, Short

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Form Return of Organization Exempt From Income Tax, which the organization filed for the previous taxable year pursuant to the United States Internal Revenue Code. In the event a charitable organization did not file a Form 990 or 990EZ, such charitable organization shall be required to file, with such financial statement, such form as may be prescribed by rule and regulation of the Secretary of State which requires information substantially similar to that required to be provided on Form 990 or 990EZ. Such financial statements shall be prepared in accordance with generally accepted accounting principles and, if required to be certified, shall be certified by an independent public accountant duly registered and in good standing as such under the laws of the place of his or her residence or principal office. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. PROPERTYSECURITY INSTRUMENTS; CANCELLATION UPON PAYMENT OF DEBT. Code Section 44-14-3 Amended. No. 706 (House Bill No. 1144). AN ACT To amend Code Section 44-14-3 of the Official Code of Georgia Annotated, relating to the cancellation of record of certain security instruments, so as to require the grantee or holder of such instrument to secure the proper satisfaction or cancellation of record of the instrument by the clerk of the superior court; to provide certain rights to holders of certain security instruments; to change the provisions relating to the civil penalty for failure to comply; 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 44-14-3 of the Official Code of Georgia Annotated, relating to the cancellation of record of certain security instruments, is amended by striking in their entirety subsections (b) and (c) and inserting in lieu thereof new subsections (b) and (c) to read as follows:

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(b) (1) Whenever the indebtedness secured by any instrument is paid in full, the grantee or holder of the instrument, within 60 days of the date of the full payment, shall cause to be furnished to the clerk of the superior court of the county or counties in which the instrument is recorded a legally sufficient satisfaction or cancellation to authorize and direct the clerk or clerks to cancel the instrument of record. The grantee or holder shall further direct the clerk of the court to transmit to the grantor the original cancellation or satisfaction document at the grantor's last known address as shown on the records of the grantee or holder. In the case of a revolving loan account, the debt shall be considered to be `paid in full' only when the entire indebtedness including accrued finance charges has been paid and the lender or debtor has notified the other party to the agreement in writing that he wishes to terminate the agreement pursuant to its terms. (2) Notwithstanding paragraph (1) of this subsection, if an attorney at law remits the pay-off balance of an instrument to a grantee or holder on behalf of a grantor, the grantee or holder may direct the clerk of the court to transmit to such attorney the original cancellation or satisfaction document. (3) A grantee or holder shall be authorized to add to the pay-off amount the costs of recording a cancellation or satisfaction of an instrument. (c) Upon the failure of the grantee or holder to transmit properly a legally sufficient satisfaction or cancellation as provided in this Code section, the grantee or holder shall be liable to the grantor for the sum of $500.00 as liquidated damages and, in addition thereto, for such additional sums for any loss caused to the grantor plus reasonable attorney's fees. The grantee or holder shall not be liable to the grantor if he or she demonstrates reasonable inability to comply with subsection (b) of this Code section; and the grantee or holder shall not be liable to the grantor unless and until a written demand for the transmittal is made. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONAD VALOREM TAXATION OF MOTOR VEHICLES; EXEMPTION FOR VEHICLES OWNED BY FORMER PRISONERS OF WAR; REFERENDUM. Code Section 48-5-478.1 Amended. No. 707 (House Bill No. 1145). AN ACT To amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to provide for an exemption with respect to certain motor vehicles owned by former prisoners of war; to provide for a definition; to provide for conditions and limitations; to provide for applicability; to provide for effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, is amended by adding a new Code section immediately following Code Section 48-5-478, to be designated Code Section 48-5-478.1, to read as follows: 48-5-478.1. (a) As used in this Code section, the term `prisoners of war' shall have the same meaning as provided for in subsection (a) of Code Section 40-2-73, as amended. (b) Any former prisoner of war who is a citizen and resident of Georgia is granted an exemption from all ad valorem taxes for state, county, municipal, and school purposes on the vehicle such former prisoner of war owns and on which such person actually places the free distinctive personalized license plate such person receives pursuant to Code Section 40-2-73, as amended. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the State of Georgia for approval or rejection. The Secretary of State shall conduct that election on the date of the November, 1998, general election. The Secretary of State shall issue the call and conduct that election as provided by general law. The Secretary of State shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of each county in the state. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which provides for an exemption from ad valorem taxes for certain motor vehicles owned by former prisoners of war? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1999, and shall apply to all taxable years beginning on or after such date. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. SECTION 3 . Except as provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. HEALTHHOSPITALS; DENIAL OF HOSPITAL STAFF PRIVILEGES. Code Section 31-7-7.1 Amended. No. 708 (House Bill No. 1156). AN ACT To amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, so as to change the provisions relating to denial of hospital staff privileges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to the regulation of hospitals, is amended by striking Code Section 31-7-7.1, relating to denial of hospital staff privileges, and inserting in its place the following: 31-7-7.1. Notwithstanding the provisions of Code Section 31-7-7, if a hospital offers or provides a service which is within the scope of practice of a

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person licensed as a doctor of podiatric medicine, doctor of osteopathic medicine, or doctor of dentistry, that hospital may not deny to any such licensee staff privileges at such hospital based solely upon that person's license, board certification, or specialty membership in a professional association. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. CRIMINAL PROCEDURERESTITUTION TO CRIME VICTIMS; THEFT AND DAMAGE TO PROPERTY. Code Section 17-14-17 Enacted. No. 709 (House Bill No. 1165). AN ACT To amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, so as to provide that adult offenders convicted of offenses involving theft and damage to property be required to make restitution to victims who are not otherwise reimbursed or compensated; to provide for definitions; to provide for procedures relating to the making of restitution; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution to crime victims, is amended by adding immediately following Code Section 17-14-16, relating to the effect of the article on existing powers of courts, a new Code Section 17-14-17 to read as follows: 17-14-17. (a) For purposes of this Code section only, the term: (1) `Conviction' means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. (2) `Victim' means any natural person against whom a crime specified in Chapter 7 or 8 of Title 16 has been committed. (b) Notwithstanding the provisions of Code Section 17-14-3, the judge of any court of competent jurisdiction shall order that an adult offender, upon a conviction of any crime specified in Chapter 7 or 8 of Title 16,

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make restitution to any victim as a condition of any relief ordered by the court. (c) The amount of restitution ordered shall be equal to the unreimbursed or uncompensated portion of the victim's damages. (d) For purposes of this Code section only, the court is not required to make any written findings in accordance with Code Section 17-14-8 when ordering restitution; provided, however, that a court may order a restitution plan in accordance with the provisions of Code Sections 17-14-7 and 17-14-10. (e) The provisions of Code Sections 17-14-11 through 17-14-16 shall apply to any restitution orders issued in accordance with this Code section. SECTION 2 . This Act shall become effective on July 1, 1998, and shall apply with respect to convictions entered on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONAD VALOREM TAXATION; HOMESTEAD EXEMPTIONS; ABSENCE DUE TO HEALTH; REFERENDUM. Code Section 48-5-40 Amended. No. 710 (House Bill No. 1174). AN ACT To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, so as to authorize certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemptions; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding property tax exemptions, is amended in paragraph (3) by striking or at the end of subparagraph (K), by striking the period at the end of subparagraph (L) and inserting in its place ; or, and by

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adding a new subparagraph immediately following subparagraph (L), to be designated subparagraph (M), to read as follows: (M) Absence of an individual from such individual's residence because of health reasons shall not in and of itself be considered as a waiver upon the part of the individual in applying for a homestead exemption if all other qualifications are otherwise met. Any member of the immediate family of the individual or a friend of the individual may notify the tax receiver or the tax commissioner of the individual's absence. Upon receipt of this notice, the tax receiver or tax commissioner shall grant the homestead exemption to the individual who is absent for health reasons. SECTION 2 . Unless prohibited by th federal Voting Rights Act of 1965, as amended, the Secretary of State shall call and conduct a special election for the approval or disapproval of this Act on the date of the November, 1998, general election. The Secretary of State shall cause the date and purpose of the special election to be published in the official organ of each county in the state once a week for two weeks immediately preceding the date of the referendum. The ballot shall have written thereon the following: () YES () NO Shall the Act be approved which authorizes certain individuals who are absent from their residence due to health reasons to continue to receive homestead exemptions? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become effective on January 1, 1999, and shall apply to all tax years beginning on or after that date; otherwise Section 1 of this Act shall be void and this Act shall stand repealed in its entirety on January 1, 1999. SECTION 3 . Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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APPEAL AND ERRORAPPEALS FROM MAGISTRATE COURT. Code Section 5-3-30 Amended. No. 711 (House Bill No. 1186). AN ACT To amend Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, so as to change procedures relative to appeals from the magistrate court to the superior court or state court; to provide for bench trials of such appeals unless there is a demand for trial by jury or the court orders trial by jury; to provide for addition of such appeal to the next nonjury calendar; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 3 of Title 5 of the Official Code of Georgia Annotated, relating to procedures relative to appeals to the superior court, is amended by striking in its entirety Code Section 5-3-30, relating to the term of the trial in the superior or state court and waiver of trial by jury, and inserting in its place the following: 5-3-30. Upon the filing of an appeal from magistrate court to superior court or state court, the appeal shall be placed upon the court's next calendar for nonjury trial. Such appeals from the magistrate court to superior court or state court shall be tried by the superior court or state court without a jury unless either party files a demand for a jury trial within 30 days of the filing of the appeal or the court orders a jury trial. SECTION 2 . This Act shall become effective the first day of July following its approval by the Governor or becoming law without such approval and shall apply to appeals filed on or after such date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONAD VALOREM TAXATION; REAL PROPERTY; AGRICULTURAL USE, CONSERVATION USE, AND RESIDENTIAL TRANSITIONAL PROPERTY; ASSESSMENT. Code Sections 48-5-7.1 and 48-5-7.4 Amended. No. 712 (House Bill No. 1189). AN ACT To amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, so as to provide for the approval and filing of applications for preferential or current use assessment of tangible real property devoted to agricultural use, bona fide conservation use property, and bona fide residential transitional property; to provide for the filing and recording of such approved applications and covenants in the real property records of the county maintained by the clerk of the superior court; to provide for fees; to provide for releases and the approval, filing, and recording thereof; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions relative to ad valorem taxation of property, is amended by striking subsection (k) of Code Section 48-5-7.1, relating to tangible real property devoted to agricultural use and preferential tax assessment thereof, and inserting in its place the follwoing: (k) All applications for preferential assessment, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such preferential assessment shall be first applicable. An application for continuation of preferential assessment upon a change in ownership of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for preferential assessment shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of

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the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. As to property approved for preferential assessment prior to July 1, 1998, the county board of tax assessors shall file copies of all approved applications in the office of the clerk of the superior court not later than August 14, 1998, and the clerk shall file, index, and record such approved applications, as provided for in this subsection, with the fee of the clerk of the superior court for filing, indexing, and recording to be paid out of the general funds of the county. SECTION 2 . Said article is further amended by adding at the end of said Code Section 48-5-7.1 a new subsection (t) to read as follows: (t) At such time as the property ceases to be eligible for preferential assessment or when any ten-year covenant period expires and the property does not qualify for further preferential assessment, the owner of the property shall file an application for release of preferential treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. The fee of the clerk of the superior court for recording such release shall be paid by the owner of the property with the application for release from preferential treatment, and such fee shall be paid to the clerk by the board of tax assessors when the release is filed with the clerk. The commissioner shall by regulation provide uniform release forms. SECTION 3 . Said article is further amended by striking subsection (j) of Code Section 48-5-7.4, relating to bona fide conservation use property and bona fide residential transitional property, and inserting in its place the following: (j) (1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax

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returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassessment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall approve or deny the application. If the application is approved on or after July 1, 1998, the county board of tax assessors shall file a copy of the approved application in the office of the clerk of the superior court in the county in which the eligible property is located. The clerk of the superior court shall file and index such application in the real property records maintained in the clerk's office. Applications approved prior to July 1, 1998, shall be filed and indexed in like manner without payment of any fee. If the application is not so recorded in the real property records, a transferee of the property affected shall not be bound by the covenant or subject to any penalty for its breach. The fee of the clerk of the superior court for recording such applications approved on or after July 1, 1998, shall be paid by the owner of the eligible property with the application for preferential treatment and shall be paid to the clerk by the board of tax assessors when the application is filed with the clerk. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306 and shall return any filing fees advanced by the owner. Appeals from the denial of an application by the board of tax assessors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311. (2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311. SECTION 4 . Said article is further amended by adding at the end of said Code Section 48-5-7.4 a new subsection (w) to read as follows: (w) At such time as the property ceases to be eligible for current use assessment or when any ten-year covenant period expires and the property does not qualify for further current use assessment, the owner of the property shall file an application for release of current use treatment with the county board of tax assessors who shall approve the release upon verification that all taxes and penalties with respect to the

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property have been satisfied. After the application for release has been approved by the board of tax assessors, the board shall file the release in the office of the clerk of the superior court in the county in which the original covenant was filed. The clerk of the superior court shall file and index such release in the real property records maintained in the clerk's office. The fee of the clerk of the superior court for recording such release shall be paid by the owner of the property with the application for release from current use treatment, and such fee shall be paid to the clerk by the board of tax assessors when the release is filed with the clerk. The commissioner shall by regulation provide uniform release forms. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. AGRICULTURALDEALERS IN AGRICULTURAL PRODUCTS; GRAIN DEALERS; WAREHOUSEMEN; BREACH OF BONDS; HEARINGS; ACTIONS; COMPLAINTS. Code Sections 2-9-6, 2-9-35, and 10-4-14 Amended. No. 713 (House Bill No. 1211). AN ACT To amend Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, so as to change the provisions relating to breach of the conditions of the bond of a dealer in agricultural products and the provisions relating to breach of the conditions of the bond of a grain dealer; to change the provisions relating to complaints to the Commissioner of Agriculture, hearings and settlements, actions on bonds, the time limit for the filing of a complaint relating to the breach of the conditions of a bond, and the time limit for the commencement of an action on the breach of a bond; to amend Code Section 10-4-14 of the Official Code of Georgia Annotated, relating to actions on bonds of warehousemen, so as to change the provisions relating to breach of the conditions of the bond of a warehouseman; to change the provisions relating to complaints to the Commissioner of Agriculture, hearings and settlements, actions on bonds, the time limit for the filing of a complaint relating to the breach of the conditions of a bond, and the time limit for the commencement of an action on the breach of a bond; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, is amended by striking subsection (a) of

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Code Section 2-9-6, relating to breach of the conditions of the bond of a dealer in agricultural products, complaints to the Commissioner of Agriculture, hearings and settlements, actions on bonds, and pro rata distribution of insufficient bond proceeds, which reads as follows: (a) Any person claiming that he or she has been damaged by any breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-5 may enter a complaint to the Commissioner, which complaint shall be a written statement of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond., and inserting in its place the following: (a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-5 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond. SECTION 2 . Said chapter is further amended by striking subsection (a) of Code Section 2-9-35, relating to breach of the conditions of the bond of a grain dealer, complaints to the Commissioner of Agriculture, hearings and settlements, actions on bonds, and pro rata distribution of insufficient bond proceeds, which reads as follows: (a) Any person claiming to be aggrieved by any breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-34 may enter a complaint thereof to theCommissioner, which complaint shall be a written statement of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give

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notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond., and inserting in its place the following: (a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 2-9-34 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond. SECTION 3 . Code Section 10-4-14 of the Official Code of Georgia Annotated, relating to actions on bonds of warehousemen, is amended by striking subsection (a) of said Code section, which reads as follows: (a) Any person claiming to be aggrieved by any breach of the conditions of a bond given by a licensee as provided in Code Section 10-4-12 may enter a complaint thereof to the Commissioner, which complaint shall be a written statement of the facts constituting the complaint. Complaints must be filed within 120 days following initial public notification of a breach of the bond. The Commissioner shall give notice of such breach of the bond for a period of not less than five days in a newspaper of general circulation and in such other newspapers as the Commissioner shall prescribe. Actions on the breach of such bond shall not be commenced less than 180 days or more than 547 days from the initial date of public notification of such breach of the bond., and inserting in its place the following (a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in Code Section 10-4-12 may enter a complaint to the Commissioner. Such complaint shall be a written statement of the facts constituting the complaint and must be made within 180 days of the alleged breach. If the Commissioner determines that the complaint is prima facie a breach

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of the bond, and the matter can not be amicably resolved within 15 days, the Commissioner shall publish a solicitation for additional complaints regarding breaches of the bond for a period of not less than five consecutive issues in a newspaper of general circulation and in such other publications as the Commissioner shall prescribe. Additional complaints must be filed within 60 days following initial public notification of a breach of the bond. Civil actions on the breach of such bond shall not be commenced less than 120 days nor more than 547 days from the initial date of public notification of such breach of the bond. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. COURTSSTATE COURTS IN MUNICIPALITIES OF 300,000 OR MORE; JUDGES PRO HAC VICE. Ga. L. 1996, p. 627 Amended. No. 714 (House Bill No. 1238). AN ACT To amend an Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), so as to provide for conditions for the assignment of judges pro hac vice for such courts; 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 . An Act re-creating a system of state courts of limited jurisdiction for each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such census, approved April 4, 1996 (Ga. L. 1996, p. 627), is amended by striking Section 17 thereof and inserting in its place the following: SECTION 17. Service by judges pro hac vice. Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the business of the court, the chief judge may assign one or more attorneys at law to act as judge pro hac vice. Any person assigned judge pro hac vice shall possess the same qualifications as required for judges within this Act.

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Each judge pro hac vice while serving as such shall have all the powers and authority of a judge. No person may be assigned as judge pro hac vice if any senior judge has notified, in writing, the chief judge of that senior judge's willingness to serve as an additional judge of such court within the 60 day period prior to the date the chief judge proposes to assign a judge pro hac vice unless such senior judge has failed or refused to serve when called upon following that notification. When the additional help needed by the court exceeds the number of senior judges willing to serve as additional judges of such court, the chief judge may then assign persons as judges pro hac vice to meet such needs if such persons are otherwise qualified as such judges. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. FIRE PROTECTION AND SAFETYFIRE DEPARTMENTS; MINIMUM REQUIREMENTS; RULES AND REGULATIONS. Code Sections 25-3-22, 25-3-23, and 25-3-25 Amended. No. 715 (House Bill No. 1270). AN ACT To amend Article 2 of Chapter 3 of Title 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire departments, so as to change the provisions relating to notification that an organization meets requirements to function as a fire department; to provide that on and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the current requirements; to change the provisions relating to suspension or revocation of certificate of compliance issued to a fire department; 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 25 of the Official Code of Georgia Annotated, relating to minimum requirements for local fire departments, is amended by striking in its entirety Code Section 25-3-22, relating to

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notification that an organization meets requirements to function as a fire department, and inserting in lieu thereof a new Code Section 25-3-22 to read as follows: 25-3-22. In order for a fire department to be legally organized to operate in the State of Georgia, the chief administrative officer of the fire department shall notify the executive director that the organization meets the minimum requirements specified in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council to function as a fire department. If the executive director is satisfied that the fire department meets the minimum requirements contained in Code Section 25-3-23 and the rules and regulations of the Georgia Firefighter Standards and Training Council, he or she shall issue a certificate of compliance to the fire department and the fire department shall be authorized to exercise the general and emergency powers set forth in Code Sections 25-3-1 and 25-3-2. SECTION 2 . Said article is further amended by striking in its entirety Code Section 25-3-23, relating to general requirements for the organization of a fire department, and inserting in lieu thereof a new Code Section 25-3-23 to read as follows: 25-3-23. (a) Except as otherwise provided in subsection (d) of this Code section, in order to be legally organized: (1) A fire department shall comply with the following requirements: (A) Be established in accordance with the provisions of the National Fire Protection Association Standard 1201; (B) Be capable of providing fire protection 24 hours a day, seven days a week; (C) Be responsible for a defined area of operations depicted on a map located at the fire station; and (D) Be staffed with a sufficient number of qualified firefighters who are full time, part time, or volunteers and who shall have successfully completed an approved basic fire-fighting course conducted by or through the Georgia Fire Academy; and (2) A fire department shall possess the following items of equipment and protective clothing: (A) A minimum of one fully equipped, operable pumper with a capacity of at least 100 GPM at 120 PSI and a tank capacity of a minimum of 250 gallons; provided, however, a minimum of one

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fully equipped, operable, and approved pumper of at least 750 GPM capacity is recommended; (B) A minimum of equipment, appliances, adapters, and accessories necessary to perform and carry out the duties and responsibilities of a fire department set forth in Code Sections 25-3-1 and 25-3-2; (C) A minimum of two approved self-contained breathing apparatus for each pumping apparatus; and (D) A minimum issue of sufficient personal protective clothing to permit each member to perform safely the duties of a firefighter. (b) A minimum of 15 firefighters for each fire department is recommended; however, departments existing on or before July 1, 1984, shall be exempt from this recommendation. (c) A legally organized fire department shall purchase and maintain sufficient insurance coverage on each member of the fire department to pay claims for injuries sustained en route to, during, and returning from fire calls or other emergencies and disasters and scheduled training sessions. (d) On and after July 1, 1998, the Georgia Firefighter Standards and Training Council shall be authorized, by rules and regulations, to establish and modify minimum requirements for all fire departments operating in this state, provided that such requirements are equal to or exceed the requirements provided in subsections (a), (b), and (c) of this Code section. SECTION 3 . Said article is further amended by striking in its entirety Code Section 25-3-25, relating to suspension or revocation of certificate of compliance issued to a fire department, and inserting in lieu thereof a new Code Section 25-3-25 to read as follows: 25-3-25. The certificate of compliance issued by the executive director shall be subject to suspension or revocation at any time he or she receives satisfactory evidence that: (1) The fire department is not maintaining sufficient personnel, equipment, or insurance required by Code Section 25-3-23 or the rules and regulations of the Georgia Firefighter Standards and Training Council pursuant to subsection (d) of Code Section 25-3-23; or (2) The fire department is not serving the best interests of the citizens of its area of operations. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONCOIN OPERATED AMUSEMENT MACHINES. Code Section 16-12-35 Amended. Code Title 48, Chapter 17 Amended. No. 716 (House Bill No. 1294). AN ACT To amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated to certain materials, equipment, devices, and bona fide coin operated amusement machines, so as to provide for a definition; to amend Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, so as to redefine terms used in such chapter; to correct a cross-reference; to change the provisions relating to notice and hearings; to change the provisions relating to sanctions; to change the provisions relating to delivery of an order refusing an application or imposing a sanction; to change the provisions relating to the display of stickers issued for coin operated amusement machines; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the nonapplicability of Part 1 of Article 2 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated to certain materials, equipment, devices, and bona fide coin operated amusement machines, is amended by adding, following subsection (a) of said Code section, a new subsection (a.1) to read as follows: (a.1) As used in this Code section, the term `some skill' means any presence of the following factors, alone or in combination with one another: (1) A learned power of doing a thing competently; (2) A particular craft, art, ability, strategy, or tactic; (3) A developed or acquired aptitude or ability; (4) A coordinated set of actions, including, but not limited to, eye-hand coordination; (5) Dexterity, fluency, or coordination in the execution of learned physical or mental tasks or both; (6) Technical proficiency or expertise; (7) Development or implementation of strategy or tactics in order to achieve a goal; or

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(8) Knowledge of the means or methods of accomplishing a task. The term some skill refers to a particular craft, coordinated effort, art, ability, strategy, or tactic employed by the player to affect in some way the outcome of the game played on a bona fide coin operated amusement machine as defined in paragraph (2) of Code Section 48-17-1. If a player can take no action to affect the outcome of the game, the bona fide coin operated amusement machine does not meet the `some skill' requirement of this Code section. SECTION 2 . Chapter 17 of Title 48 of the Official Code of Georgia Annotated, relating to coin operated amusement machines, is amended by striking Code Section 48-17-1, relating to definitions, and inserting in its place the following: 48-17-1. As used in this chapter, the term: (1) `Applicant' or `licensee' means owner as defined in this Code section including an owner's officers, directors, shareholders, individuals, members of any association or other entity not specified, and, when applicable in context, the business entity itself. (2) `Bona fide coin operated amusement machine' means: (A) Every machine of any kind or character used by the public to provide amusement or entertainment whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object and the result of whose operation depends in whole or in part upon the skill of the player, whether or not it affords an award to a successful player pursuant to subsections (b) through (g) of Code Section 16-12-35, and which can be legally shipped interstate according to federal law. Examples of bona fide coin operated amusement machines include, but are expressly not limited to, the following: (i) Pinball machines; (ii) Console machines; (iii) Video games; (iv) Crane machines; (v) Claw machines; (vi) Pusher machines; (vii) Bowling machines; (viii) Novelty arcade games;

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(ix) Foosball or table soccer machines; (x) Miniature racetrack, football, or golf machines; (xi) Target or shooting gallery machines; (xii) Basketball machines; (xiii) Shuffleboard games; (xiv) Kiddie ride games; (xv) Skeeball machines; (xvi) Air hockey machines; (xvii) Roll down machines; (xviii) Trivia machines; (xix) Laser games; (xx) Simulator games; (xxi) Virtual reality machines; (xxii) Matchup or lineup games which require the player to use skill stops to complete the game; (xxiii) Maze games; (xxiv) Racing games; (xxv) Coin operated pool tables or coin operated billiard tables as defined in paragraph (3) of Code Section 43-8-1; and (xxvi) Any other similar amusement machine which can be legally operated in Georgia; and (B) Every machine of any kind or character used by the public to provide music whose operation requires the payment of or the insertion of a coin, bill, other money, token, ticket, or similar object such as jukeboxes or other similar types of music machines. The term `bona fide coin operated amusement machine' does not include the following: (i) Coin operated washing machines or dryers; (ii) Vending machines which for payment of money dispense products or services; (iii) Gas and electric meters; (iv) Pay telephones; (v) Pay toilets;

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(vi) Cigarette vending machines; (vii) Coin operated scales; (viii) Coin operated gumball machines; (ix) Coin operated parking meters; (x) Coin operated television sets which provide cable or network programming; (xi) Coin operated massage beds; and (xii) Machines which are not legally permitted to be operated in Georgia. (3) `Commissioner' means the state revenue commissioner. (4) `Master license' means the certificate which every owner of a bona fide coin operated amusement machine must purchase and display in the owner's or operator's place of business where the machine is located for commercial use by the public for play in order to legally operate the machine in the state. (5) `Operator' means any person, individual, firm, company, association, corporation, or other business entity who exhibits, displays, or permits to be exhibited or displayed, in a place of business other than his own, any bona fide coin operated amusement machine in this state. (6) `Owner' means any person, individual, firm, company, association, corporation, or other business entity owning any bona fide coin operated amusement machine in this state. (7) `Permit fee' means the annual per machine charge which every owner of a bona fide coin operated amusement machine in commercial use must purchase and display in either the owner's or operator's place of business in order to legally operate the machine in the state. (8) `Sticker' means the decal issued for every bona fide coin operated amusement machine to show proof of payment of the permit fee. SECTION 3 . Said chapter is further amended by striking subsection (a) of Code Section 48-17-5, relating to the right to a notice and hearing and service of the notice, and inserting in its place the following: (a) An applicant or licensee is entitled to at least 30 days' written notice and, if requested, a hearing in the following instances: (1) After an application for an original or renewal license has been refused;

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(2) Before the commissioner may revoke a license; or (3) Before the commissioner may invoke any other sanctions provided by this chapter. For purposes of this Code section, sanctions shall not include (i) issuance of a citation, (ii) imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2, Code Section 48-17-11, or subsection (a) of Code Section 48-17-13, or (iii) sealing a machine or imposing charges related thereto under subsection (g) of Code Section 48-17-13. SECTION 4 . Said chapter is further amended by striking subsection (a) of Code Section 48-17-6, relating to delivery of an order refusing an application or imposing a sanction, and inserting in its place the following: (a) The commissioner shall deliver to the applicant or licensee a written copy of the order refusing an application or renewal application, revoking a master license, or imposing any other sanction provided in this chapter issued after any required hearing. SECTION 5 . Said chapter is further amended by striking subsection (b) of Code Section 48-17-9, relating to payment and collection of the annual permit fee and permit stickers, and inserting in its place the following: (b) The sticker issued by the commissioner to evidence the payment of the fee under this Code section shall be securely attached to the machine. Owners may transfer stickers from one machine to another and from location to location to location so long as all machines in commercial use available for play by the public have a sticker and the owner uses the stickers only for machines that it owns. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. DOMESTIC RELATIONSCHILD SUPPORT RECOVERY; EMPLOYER REPORTS OF PERSONS HIRED OR RETURNED TO WORK. Code Section 19-11-9.2 Amended. No. 717 (House Bill No. 1307). AN ACT 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 change the

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provisions relating to reporting of persons hired or returning to work; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the Child Support Recovery Act, is amended by striking subsections (a) and (b) of Code Section 19-11-9.2, relating to reports of persons hired or returning to work, and inserting in their place the following: (a) Effective July 1, 1993, employers doing business in the State of Georgia shall report to the Georgia state support registry managed by the Department of Administrative Services: (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) Reserved. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. CRIMINAL PROCEDUREGEORGIA INDIGENT DEFENSE COUNCIL; USE OF PRIVATE FUNDS. Code Section 17-12-36 Amended. No. 720 (House Bill No. 1323). AN ACT To amend Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, so as to provide for the utilization of private funds by the Georgia Indigent Defense Council; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to state funded local indigent defense programs, is

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amended by striking in its entirety subsection (a) of Code Section 17-12-36, relating to the Georgia Indigent Defense Council's budget, solicitation and use of public and private funds, and distribution of funds, and inserting in its place the following: (a) The Georgia Indigent Defense Council shall prepare an annual budget according to law in order to obtain the necessary funding for fulfilling the purposes of this article. The council is also authorized to seek, solicit, apply for, and utilize funds from any public source for use in fulfilling the purposes of this article. Private funds may be sought, solicited, applied for, and utilized for training purposes and any other purposes of this article. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. COMMERCE AND TRADERETAIL INSTALLMENT CONTRACTS; PREPAYMENT; REFUND CREDIT. Code Section 10-1-3 Amended. No. 721 (House Bill No. 1349). AN ACT To amend Code Section 10-1-3 of the Official Code of Georgia Annotated, relating to requirements for retail installment contracts, limitations, and prepayment, so as to raise the amount of the acquisition cost allowed to the retailer when prepayment is made; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 10-1-3 of the Official Code of Georgia Annotated, relating to requirements for retail installment contracts, limitations, and prepayment, is amended by striking subsection (i) and inserting in lieu thereof a new subsection (i) to read as follows: (i) Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may prepay in full at any time before maturity the unpaid balance of any retail installment contract and in so paying the unpaid balance shall receive a refund credit thereon for such anticipation of payments. The amount of the refund shall represent at least as great a proportion of the time price differential after first deducting therefrom an acquisition cost of $20.00 as the sum of the monthly time

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balances, beginning one month after prepayment is made, bears to the sum of all the monthly time balances under the schedule of payments in the contract. This method of refund upon prepayment is commonly referred to as the `Rule of 78' or the `Sum of the Digits' refund method. Where the amount of the refund credit is less than $1.00, no refund need be made. SECTION 2 . This Act shall become effective on July 1, 1998, and shall apply to all retail installment contracts entered into on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. GAME AND FISHFINFISH; POSSESSION, CREEL, AND SIZE LIMITS; SEASONS. Code Section 27-4-130.1 Amended. No. 722 (House Bill No. 1351). AN ACT To amend Code Section 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum and maximum size limits for certain finfish species and species groups, so as to change certain possession, creel, and size limits for certain species; to establish certain possession, creel, and size limits for certain species; to permit the Board of Natural Resources to establish certain seasons, possession, creel, and size limits for certain finfish species; 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 27-4-130.1 of the Official Code of Georgia Annotated, relating to open seasons, creel and possession limits, and minimum and maximum size limits for certain finfish species and species groups, is amended by striking said Code section in its entirety and inserting in lieu thereof the following: 27-4-130.1. (a) After October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time during the periods set forth below:

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Species Closed Season (1) Spanish mackerel December 1March 15 (2) King mackerel No closed season (3) Cobia December 1March 15 (4) Red snapper No closed season (5) Gag grouper No closed season (6) Amberjack January 1March 15 (7) Black sea bass No closed season (8) Bluefish December 1March 15 (9) Sheepshead No closed season (10) Sailfish No closed season (11) Blue marlin No closed season (12) White marlin No closed season (13) Tarpon December 1March 15 (14) Atlantic sturgeon July 1December 31 (15) Spotted sea trout No closed season (16) Red drum No closed season (17) Dolphin No closed season (18) Sand tiger shark January 1December 31 (19) Small sharks composite (Atlantic sharpnose, bonnethead, and spiny dogfish) No closed season (20) Sharks No closed season (21) Red porgy No closed season (b) The board shall establish open seasons and creel and possession limits within the maximums specified in this subsection and shall establish minimum sizes within the range specified in this subsection; provided, however, that it shall be unlawful to have in one's possession or take from the salt waters of this state any red drum in excess of 27 inches in total length. After October 1, 1989, it shall be unlawful to take the following salt-water finfish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finfish species except in accordance with the creel and possession limits and minimum sizes so established for such species: Species Maximum Open Season Maximum Daily Creel And Possession Limit Range of Minimum Sizes (1) Spanish mackerel Mar. 16Nov. 30 40 1018 inches (2) King mackerel All year 15 1535 inches (3) Cobia Mar. 16Nov. 30 10 2040 inches (4) Red snapper All year 20 1220 inches (5) Gag grouper All year 20 1236 inches (6) Amberjack Mar. 16Dec. 31 10 2050 inches (7) Black sea bass All year 35 815 inches (8) Bluefish Mar. 16Nov. 30 25 1220 inches (9) Sheepshead All year 50 816 inches (10) Sailfish All year 5 5080 inches * * lower jaw-fork length (11) Blue marlin All year 57 590 inches * (12) White marlin All year 5 5580 inches * (13) Tarpon Mar. 16Nov. 30 5 2040 inches (14) Atlantic sturgeon Jan. 1June 30 5 2486 inches (15) Red drum All year 25 14 inches (16) Dolphin All year 15 1224 inches (17) Sand tiger shark No open season 1 87140 inches (18) Small sharks composite (Atlantic sharpnose, bonnethead, and spiny dogfish) All year 4 3054 inches (19) Sharks All year 2 48120 inches (20) Red porgy All year 10 1228 inches (c) It shall be unlawful to take the following salt-water finish species at any time except during the open seasons so established for such species or to take or possess the following salt-water finfish species except in accordance with the creel and possession limits and minimum sizes so established for such species:

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Species Maximum Open Season Maximum Daily Creel And Possession Limit Minimum Size (1) Spotted seatrout All year 15 13 inches (2) Weakfish All year 6 13 inches (3) Black drum All year 15 10 inches (4) Flounder (Paralicthys spp.) All year 15 12 inches (5) Whiting (Menticirrhus spp.) All year 35 10 inches (6) Spot All year 25 8 inches (7) Atlantic croaker All year 25 8 inches (8) Tripletail All year 5 18 inches (d) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations establishing open seasons, creel and possession limits, minimum size limits, and possession and landing specifications on a state-wide, regional, or local basis as provided in subsections (b) and (g) of this Code section. (e) In accordance with current sound principles of wildlife research and management and the factors thereof set out in subsection (a) of Code Section 27-4-130, the board is authorized to promulgate rules and regulations to prohibit the sale of any or all of the salt-water finfishes from subsection (b) of this Code section. (f) Nothing in this Code section shall prohibit those individuals fishing with a valid commercial federal permit in federal waters from exceeding the creel and possession limits, provided that the waters are open for commercial fishing with specified gear and said individual complies with the minimum sizes as set by the board and provided, further, that the commercial quota for the species has not been reached and the board has not prohibited the sale of the species. (g) All fish subject to minimum size and creel and possession limits pursuant to subsections (b) and (c) of this Code section may be possessed in state waters or landed only with the head and fins intact. It shall be unlawful to transfer at sea in state waters from a fishing vessel to any other vessel or person any fish caught which are subject to the creel

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and possession limits and minimum size limits pursuant to subsections (b) and (c) of this Code section. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONBONA FIDE CONSERVATION USE PROPERTY; PENALTIES NOT APPLICABLE. Code Section 48-5-7.4 Amended. No. 723 (House Bill No. 1365). AN ACT To amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to specify additional circumstances under which certain penalties shall not apply; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, is amended by adding a new subsection at the end thereof, to be designated subsection (w), to read as follows: (w) Notwithstanding any other provision of this Code section to the contrary, in any case where a renewal covenant is breached by the original covenantor or a transferee who is related to that original covenantor within the fourth degree by civil reckoning, the penalty otherwise imposed by subsection (1) of this Code section shall not apply if the breach occurs during the sixth through tenth years of such renewal covenant, and the only penalty imposed shall be the amount by which current use assessment has reduced taxes otherwise due for each year in which such renewal covenant was in effect, plus interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.

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SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONTAX EXECUTIONS FOR AD VALOREM TAXES ON REAL PROPERTY IN SMALL AMOUNTS; STATUTE OF LIMITATIONS. Code Section 48-3-21.1 Amended. No. 724 (House Bill No. 1368). AN ACT To amend Code Section 48-3-21.1 of the Official Code of Georgia Annotated, relating to statute of limitations provisions for the enforcement of executions issued for ad valorem taxes in amounts less than $1.00, so as to increase the threshold amount to $5.00; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-3-21.1 of the Official Code of Georgia Annotated, relating to statute of limitations provisions for the enforcement of executions issued for ad valorem taxes, is amended by striking Code Section 48-3-21.1 and inserting a new Code Section 48-3-21.1 to read as follows: 48-3-21.1. (a) This Code section shall apply only to real property ad valorem taxes which are due in an amount of less than $5.00. (b) Any execution for ad valorem taxes in an amount of less than $5.00 shall be enforced within one year after the execution is issued or the taxes become due, whichever is earlier. (c) A tax execution which has become barred under this Code section shall not be subject to revival; and the taxpayer shall not be personally liable for such taxes after the execution becomes barred. (d) Amounts of taxes due on more than one piece of real property or for more than one tax year shall not be added together so as to exceed the $5.00 limit if each of these amounts is individually less than $5.00.

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SECTION 2 . This Act shall become effective on July 1, 1998, and shall apply to all executions for ad valorem taxes issued on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. SOCIAL SERVICESMEDICAL ASSISTANCE; PROVIDERS; HEARINGS; PROCEDURES. Code Section 49-4-153 Amended. No. 725 (House Bill No. 1387). AN ACT To amend Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Georgia Medical Assistance Act of 1977, so as to change the provisions relating to request for hearings by providers of medical assistance; to change certain procedures; to provide certain requirements relating to time for hearings; to provide that a request for a hearing by a nursing home provider shall stay any recovery or recovery action; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 49-4-153 of the Official Code of Georgia Annotated, relating to administrative hearings and appeals under the Georgia Medical Assistance Act of 1977, is amended by striking in its entirety paragraph (2) of subsection (b), which reads as follows: (2) A provider of medical assistance shall be entitled to a hearing in accordance with Code Sections 50-13-13 and 50-13-15. A decision shall be rendered in writing by an administrative law judge assigned to hear the matter. The administrative law judge shall be appointed by the Office of State Administrative Hearings. Should such a decision be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner may affirm, modify, or reverse the decision appealed from., and inserting in lieu thereof a new paragraph (2) to read as follows:

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(2) (A) A provider of medical assistance may request a hearing on a decision of the Department of Medical Assistance with respect to a denial or nonpayment of or the determination of the amount of reimbursement paid or payable to such provider on a certain item of medical or remedial care of service rendered by such provider by filing a written request for a hearing in accordance with Code Sections 50-13-13 and 50-13-15 with the Department of Medical Assistance. The Department of Medical Assistance shall, within 15 business days of receiving the request for hearing from the provider, transmit a copy of the provider's request for hearing to the Office of State Administrative Hearings. The provider's request for hearing shall identify the issues under appeal and specify the relief requested by the provider. The request for hearing shall be filed no later than 15 business days after the provider of medical assistance receives the decision of the Department of Medical Assistance which is the basis for the appeal. (B) The Office of State Administrative Hearings shall assign an administrative law judge to hear the dispute within 15 days after receiving the request. The hearing is required to commence no later than 90 days after the assignment of the case to an administrative law judge, and the administrative law judge shall issue a written decision on the matter no later than 30 days after the close of the record except when it is determined that the complexity of the issues and the length of the record require an extension of these periods and an order is issued by an administrative law judge so providing, but no longer than 30 days. Such time requirements can be extended by written consent of all the parties. Failure of the administrative law judge to comply with the above time deadlines shall not render the case moot. (C) A request for hearing by a nursing home provider shall stay any recovery or recoupment action. (D) Should the decision of the administrative law judge be adverse to a party and should a party desire to appeal that decision, the party must file a request therefor, in writing, with the commissioner within ten days of his or her receipt of the hearing decision. Such a request must enumerate all factual and legal errors alleged by the party. The commissioner may affirm, modify, or reverse the decision appealed from. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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CRIMES AND OFFENSESSHOPLIFTING; VALUE OF PROPERTY; MISDEMEANORS; FELONIES. Code Section 16-8-14 Amended. No. 726 (House Bill No. 1392). AN ACT To amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to the crime of shoplifting, so as to change the threshold value of the property which is the subject of the theft for purposes of defining when the crime is a misdemeanor and when the crime is a felony; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to the crime of shoplifting, is amended by striking subsection (b) and inserting in its place a new subsection to read as follows: (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 $300.00 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 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,

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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. (2) 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 exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. SECTION 2 . This Act shall become effective July 1, 1998, and shall apply with respect to offenses committed on or after that date. Offenses committed prior to that date shall continue to be governed by and punishable as provided in the law as it existed prior to this Act. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONSPECIAL COUNTY 1 PERCENT SALES AND USE TAX; AUDIT REPORT SCHEDULE; AUDITOR'S REPORT. Code Section 48-8-121 Amended. No. 727 (House Bill No. 1433). AN ACT To amend Code Section 48-8-121 of the Official Code of Georgia Annotated, relating to use of proceeds, issuance of certain debt, and audit reporting requirements applicable to special county 1 percent sales and use tax, so as to change the provisions relating to the contents of the required audit report schedule; to provide for the auditor's report; 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 48-8-121 of the Official Code of Georgia Annotated, relating to use of proceeds, issuance of certain debt, and audit reporting requirements applicable to special county 1 percent sales and use tax, is amended by striking paragraph (2) of subsection (a) and inserting in its place a new paragraph (2) to read as follows:

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(2) The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax pursuant to a contract with the county shall maintain a record of each and every project for which the proceeds of the tax are used. A schedule shall be included in each annual audit which shows for each project in the resolution or ordinance calling for imposition of the tax the original estimated cost, the current estimated cost if it is not the original estimated cost, amounts expended in prior years, and amounts expended in the current year. The auditor shall verify and test expenditures sufficient to provide assurances that the schedule is fairly presented in relation to the financial statements. The auditor's report on the financial statements shall include an opinion, or disclaimer of opinion, as to whether the schedule is presented fairly in all material respects in relation to the financial statements taken as a whole. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONINCOME TAX; DEDUCTION FOR EMPLOYER SOCIAL SECURITY TAX PAYMENTS. Code Section 48-7-28.2 Enacted. No. 728 (House Bill No. 1437). 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 provide a deduction for certain employer social security tax payments; to provide for a definition; 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 . 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 48-7-28.1, to be designated Code Section 48-7-28.2, to read as follows:

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48-7-28.2. (a) As used in this Code section, the term `employer social security credit' means the employer social security credit defined in Section 45B(a) of the Internal Revenue Code of 1986, as amended. (b) If an employer elects to take an employer social security credit pursuant to Section 38 of the Internal Revenue Code of 1986, as amended, the employer, in calculating Georgia taxable net income, shall be allowed a deduction equal to the employer social security credit. SECTION 2 . This Act shall become effective January 1, 1999, and shall be applicable to all taxable years beginning on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. LOCAL GOVERNMENTMUNICIPAL COURTS OF CERTAIN CONSOLIDATED GOVERNMENTS; MISDEMEANOR JURISDICTION; REPEAL OF CERTAIN PROVISIONS. Code Section 36-32-10.2 Repealed. No. 730 (House Bill No. 1441). AN ACT To amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, so as to repeal provisions relating to misdemeanor jurisdiction of municipal courts of certain consolidated governments; 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 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts in general, is amended by repealing in its entirety Code Section 36-32-10.2 which reads as follows: 36-32-10.2. (a) Notwithstanding any other provision of law to the contrary and in addition to any other jurisdiction conferred by law, the municipal court of any government which has been created through the unification or

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consolidation of county and city governments is granted jurisdiction to try and dispose of any misdemeanor violation of the laws of this state punishable as set forth in Code Sections 17-10-3 and 17-10-4, provided that the following conditions are and continue to be met: (1) The chief judge of said court must be full time and a resident of the county wherein such municipal court is located, and each judge of said court must be a member in good standing of the State Bar of Georgia and must have been such a member for a minimum of three years before becoming judge; (2) The prosecuting attorney for that court having general misdemeanor jurisdiction in the county wherein any alleged misdemeanor violation occurs must consent to be the prosecuting attorney of such municipal court and must be authorized and made by ordinance the prosecuting attorney of such court; and (3) Provision must be made for the availability of general probation supervision, fine collection services, counseling, and other probation services for persons convicted in such court and placed on probation, as set forth in Code Section 42-8-102 or as otherwise provided by law. The jurisdiction of such municipal 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 defendant charged with any misdemeanor violation pursuant to this Code section at any time before trial or before the entry of a plea of guilty or nolo contendere shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. In addition, no such municipal court described in this Code section shall have the power to dispose of such misdemeanor cases as provided in this Code section unless the defendant shall first waive in writing a trial by jury. (c) A person convicted of any misdemeanor violation in municipal court pursuant to this Code section shall be punished as provided in the provision of law for which such person was convicted or as provided by any other applicable Code section. (d) The prosecuting attorney of a municipal court of a unified or consolidated government shall have no less authority and discretion in the prosecution of such misdemeanor violations as he or she would if the same were otherwise prosecuted in that court having general misdemeanor jurisdiction. (e) Any judge of a state court or a magistrate court of the county in which a municipal court of a unified or consolidated government is located may be authorized and made by ordinance the chief judge or any

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judge of said municipal court so long as he or she consents to same and fulfills the qualifications of paragraph (1) of subsection (a) of this Code section. (f) Any fines and forfeitures arising from the prosecution of cases pursuant to this Code section shall be retained by the unified or consolidated government and shall be paid into the treasury of such government. (g) It shall be the duty of the appropriate agencies of the unified or consolidated government, within the limits of which an offense under subsection (a) of this Code section occurred, to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35 or as otherwise required by law. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. LOCAL GOVERNMENTPURCHASING DEPARTMENT IN COUNTIES OF 550,000 OR MORE; PUBLIC LETTING; BIDS. Ga. L. 1941, p. 408, as amended, Amended. No. 731 (House Bill No. 1452). AN ACT To amend an Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p. 1147), an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), and an Act approved April 13, 1993 (Ga. L. 1993, p. 288), so as to change the provisions relative to public letting and bids; to change the provisions relative to advertisement of bids; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating and establishing a purchasing department in certain counties of this state, approved March 27, 1941 (Ga. L. 1941, p. 408), as amended, particularly by an Act approved April 29, 1975 (Ga. L. 1975, p.

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1147), an Act approved March 25, 1980 (Ga. L. 1980, p. 3858), and an Act approved April 13, 1993 (Ga. L. 1993, p. 288), is amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: SECTION 9. If the several parts of the work or labor to be done or the supplies, materials, and equipment to be furnished shall together or in part involve the expenditure of more than $50,000.00, such work or labor or supplies, materials, or equipment shall be procured only by contract on public letting founded on sealed bids under such regulations as shall be made by the board of commissioners or other county authority. The terms of such contracts, subject to such regulations and in conformity with law, shall be settled by the county attorney as an act of preliminary specification to a proposal for bids. The agency letting the contract and the board of commissioners may reject all bids if it shall deem it in the interest of the county to do so; if not, it shall, without other consent or approval, award the contract to the lowest responsible bidder. Such bids shall not be accepted after the time limit stated in the proposal for bids and shall not be opened except in the presence of both the county purchasing agent, or the designee thereof, and the head of the agency requesting the items. The bids shall be decided by the agency letting the contract. Whenever a contract is awarded to another than the lowest bidder, the agency awarding the same shall file in its office and with said county authority a statement in detail of the reasons therefor. SECTION 2 . Said Act is further amended by striking Section 10 in its entirety and substituting in lieu thereof a new Section 10 to read as follows: SECTION 10. If the several parts of the work or labor to be done or the supplies, material, and equipment to be furnished shall together or in part involve an expenditure of more than $2,499.99 but less than $50,000.00, the same may be procured on order awarded to the lowest responsible bidder upon written bids submitted without public advertisement, under such regulation as shall be made by the county authority. Purchase of $2,499.99 or less may be made without competition. All work or labor solicitations, or solicitations for supplies, materials, or equipment to be let shall be made available for public review in the county purchasing office.

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SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONSPECIAL COUNTY 1 PERCENT SALES AND USE TAX; USE OF PROCEEDS; PURPOSES. Code Section 48-8-111 Amended. No. 732 (House Bill No. 1467). 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 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 or at the end of subparagraph (a)(1)(H); by redesignating subparagraph (a)(1)(I) as subparagraph (a)(1)(J); and by adding a new subparagraph immediately following subparagraph (a)(1)(H), to be designated subparagraph (a)(1)(I), to read as follows: (I) A capital outlay project or projects, to be owned or operated or both, either by the county, one or more municipalities, or any combination thereof, consisting of capital equipment for use in voting in official elections or referenda with such county or municipality; or. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONAD VALOREM TAXATION; HOMESTEAD EXEMPTIONS; DEED RECORDING REQUIREMENT. Code Section 48-5-40 Amended. No. 733 (House Bill No. 1474). AN ACT To amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, so as to change certain qualifications with respect to homestead exemptions; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding tax exemptions, is amended by striking paragraph (3) and inserting in its place a new paragraph (3) to read as follows: (3) `Homestead' means the real property owned by and in possession of the applicant on January 1 of the taxable year and upon which the applicant resides including, but not limited to, the land immediately surrounding the residence to which the applicant has a right of possession under a bona fide claim of ownership. The term `homestead' includes the following qualifications: (A) The actual permanent place of residence of an individual who is the applicant and which constitutes the home of the family; (B) Where the person who is the applicant holds the bona fide fee title (although subject to mortgage or debt deed), an estate for life, or under any bona fide contract of purchase providing for the conveyance of title to the applicant upon performance of the contract; (C) Where the building is occupied primarily as a dwelling; (D) Where the children of deceased or incapacitated parents occupy the homestead of their parents and one of the children stands in the relation of applicant. This subparagraph shall apply whether or not the estate is distributed; (E) Where a husband or wife occupies a dwelling and the title of the homestead is in the name of the wife; (F) In the event a dwelling house which is classed as a homestead is destroyed by fire, flood, storm, or other unavoidable accident or is demolished or repaired so that the owner is compelled to reside temporarily in another place, the dwelling house shall continue to

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be classed as a homestead for a period of one year after the occurrence; (G) In the event an individual who is the applicant owns two or more dwelling houses, he shall be allowed the exemption granted by law on only one of the houses. Only one homestead shall be allowed to one immediate family group; (H) Where property is owned and occupied jointly by two or more individuals all of whom occupy the property as a home and if the property is otherwise entitled to a homestead exemption, the homestead may be claimed in the names of the joint owners residing in the home. Where the property on which a homestead exemption is claimed is jointly owned by the occupant and others, the occupant or occupants shall be entitled to claim the full amount of the homestead exemption; (I) The permanent place of residence of an individual in the armed forces. Any such residence shall be construed to be actually occupied as the place of abode of such individual when the family of the individual resides in the residence or when the family is forced to live elsewhere because of the individual's service in the armed forces; (J) Absence of an individual from his residence because of duty in the armed forces shall not be considered as a waiver upon the part of the individual in applying for a homestead exemption. Any member of the immediate family of the individual or a friend of the individual may notify the tax receiver or the tax commissioner of the individual's absence. Upon receipt of this notice, the tax receiver or tax commissioner shall grant the homestead exemption to the individual who is absent in the armed forces; (K) The homestead exempted must be actually occupied as the permanent residence and place of abode by the applicant awarded the exemption, and the homestead shall be the legal residence and domicile of the applicant for all purposes whatever; (L) In all counties having a population of not less than 15,000 nor more than 15,350, according to the United States decennial census of 1990 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property; and (M) The deed reflecting the actual ownership of the property for which the applicant seeks to receive a homestead exemption must

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be recorded in the deed records of the county prior to the filing of the application for the homestead exemption. SECTION 2 . This Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after that date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. STATE GOVERNMENTSTATE SYMBOLS; OFFICIAL STATE PEANUT MONUMENT. Code Section 50-3-72 Amended. No. 734 (House Bill No. 1490). AN ACT To amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to provide that the official state peanut monument shall be a certain peanut sculpture in Turner County; to repeal conflicting laws; and for other purposes. WHEREAS, the peanut is Georgia's most important cash crop, producing millions of dollars of income, greatly enhancing the state's economy; and WHEREAS, in Turner County, Georgia, on the west side of Interstate 75 and within the city limits of the City of Ashburn, a monumental peanut towers over passing motorists as a tribute to this crop's importance to this state; and WHEREAS, in 1974, with the assistance of a bequest from Nora Lawrence Smith and contributions by Gold Kist, Inc., and the Georgia Commodity Commission on Peanuts with the assistance of Robert Davis and John R. Rogers, directors of the Turner County Chamber of Commerce, the structure took shape, a giant peanut mounted on a brick and mortar base rising 40 feet and measuring over 12 feet in circumference; it was dedicated at a ceremony on February 17, 1974; and WHEREAS, the dedication displayed in a plaque reads as follows: DEDICATION This monument to the peanut, Turner County's most important agricultural product, is dedicated to the memory of Nora Lawrence Smith, December 25, 1886 - July 17, 1971. Member, Georgia Journalism's Hall of Fame, Editor and Co-Publisher of the Wiregrass Farmer,

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Turner County's Award Winning Newspaper and an untiring supporter of Turner County and its agricultural economy. Architect: A. R. Smith, Jr. Builders: W. E. Walker/Spell Sign Company Donors: Georgia Agricultural Commodity Commission for Peanuts, Gold Kist, Inc., Estate of Nora Lawrence Smith. Sponsor: Turner County Chamber of Commerce W. C. Youngblood, President Monument Committee John R. Rogers, Chairman H. C. Barber, Jr. John Kovac Charles B. Perry Dan Raines Marvin D. Raines February 15, 1975; and WHEREAS, while the monument was for several years blocked from view of the highway by vegetation, and it deteriorated in condition, the obscuring vegetation has now been removed with the assistance of the House of Representatives and the peanut monument has been refurbished and lighted, and the monument, which has been recognized as the world's largest peanut, proudly stands sentinel over the interstate highway proclaiming to the world that the peanut is King in Georgia; and WHEREAS, in 1993, the Georgia House of Representatives and the Senate each passed a resolution declaring the Turner County peanut monument as the official state peanut monument, and it is only fitting that the declaration of those bodies be memorialized in legislation. NOW, THEREFORE, BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 3 of Chapter 50 of the Official Code of Georgia Annotated, relating to state symbols, is amended by striking in its entirety Code Section 50-3-72, relating to the official state crop, and inserting in lieu thereof the following: 50-3-72. (a) The peanut is designated as the official Georgia state crop. (b) The peanut monument located in Turner County on the west side of Interstate Highway 75 within the limits of the City of Ashburn is designated the official state peanut monument. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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PROFESSIONS AND BUSINESSESDENTISTRY; GEORGIA BOARD OF DENTISTRY; DENTAL HYGIENIST MEMBER. Code Section 43-11-2 Amended. No. 735 (House Bill No. 1491). AN ACT To amend Code Section 43-11-2 of the Official Code of Georgia Annotated, relating to the creation and composition of the Georgia Board of Dentistry, so as to provide that the dental hygienist who is a member of such board shall be a resident of Georgia and shall be a practicing dental hygienist in this state; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 43-11-2 of the Official Code of Georgia Annotated, relating to the creation and composition of the Georgia Board of Dentistry, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof the following: (2) One member of the board shall be a dental hygienist who is not a dentist, who is a resident of this state, and who is a practicing dental hygienist in this state and shall be appointed by the Governor. If such a member ceases to be a resident of this state or ceases practicing in this state, that position on the board shall be deemed vacated. The Georgia Dental Hygienists Association may nominate four reputable dental hygienists who are not dentists for each expired or expiring term; and, from each group of four dental hygienists so nominated, the Governor may appoint one as the new member of the board. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. BANKING AND FINANCEMORTGAGE BROKER LICENSE; OUT-OF-STATE APPLICANT. Code Section 7-1-1003.1 Enacted. No. 736 (House Bill No. 1496). AN ACT To amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, so as to impose the requirement that in order to be licensed or to

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have a license renewed, an out-of-state mortgage broker must have a physical presence in Georgia if its home state so requires; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to licensing of mortgage lenders and mortgage brokers, is amended by adding following Code Section 7-1-1003, relating to applications for licenses, a new Code section to read as follows: 7-1-1003.1. If the applicant for a mortgage broker license or a renewal of such license does not have a physical place of business in Georgia, a license or renewal may only be issued if the applicant's home state does not require that in order to be licensed a mortgage broker must have a physical place of business in such home state. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONSALES TAX FOR EDUCATIONAL PURPOSES; DISTRIBUTION; LOCAL ACTS. Code Section 48-8-143 Enacted. No. 737 (House Bill No. 1520). AN ACT To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, so as to provide for the enactment of a distribution formula by local Act; 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 48 of the Official Code of Georgia Annotated, relating to the sales tax for educational purposes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-143, to read as follows: 48-8-143.

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The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. GAME AND FISHCROSSBOW HUNTING PERMITS FOR PERSONS WITH DISABILITIES. Code Section 27-3-4 Amended. No. 738 (House Bill No. 1532). AN ACT To amend Code Section 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, so as to provide that persons with disabilities may obtain a crossbow permit for the taking of big game; 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 27-3-4 of the Official Code of Georgia Annotated, relating to legal weapons for hunting wildlife generally, is amended by striking in its entirety paragraph (6) of said Code section and inserting in lieu thereof the following: (6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation for persons suffering from permanent disabilities. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt big game with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt big game with a crossbow;.

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SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. CRIMES AND OFFENSESABUSE OF GOVERNMENT OFFICE; PROPERTY SALES BY EMPLOYEES OR OFFICERS TO EMPLOYING LOCAL AUTHORITIES AND BOARDS. Code Section 16-10-6 Amended. No. 739 (House Bill No. 1542). AN ACT To amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, so as to change certain provisions relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto; to provide for applicability of certain provisions to officers and employees of certain local authorities and boards; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of government office, is amended by striking Code Section 16-10-6, relating to sale of real or personal property to political subdivisions by local officers and employees and exceptions thereto, and inserting in lieu thereof the following: 16-10-6. (a) As used in this Code section, the term `employing local authority' means a local authority or board created by a local Act of the General Assembly or a local constitutional amendment or created by general law and requiring activation by an ordinance or resolution of a local governing authority. (b) Any employee, appointive officer, or elective officer of a political subdivision, hereafter referred to as `employing political subdivision,' or agency thereof or any employee or appointed officer of an employing

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local authority who for himself or herself or in behalf of any business entity sells any real or personal property to: (1) The employing political subdivision or employing local authority; (2) An agency of the employing political subdivision; (3) A political subdivision for which local taxes for education are levied by the employing political subdivision; or (4) A political subdivision which levies local taxes for education for the employing political subdivision shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years. (c) Subsection (b) of this Code section shall not apply to: (1) Sales of personal property of less than $200.00 per calendar quarter; (2) Sales of personal property made pursuant to sealed competitive bids made by the employee, appointive officer, or elective officer, either for himself or herself or on behalf of any business entity; or (3) Sales of real property in which a disclosure has been made: (A) To the judge of the probate court of the county in which the purchasing political subdivision or local authority is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision or local authority is partially included and which shall have been designated by the purchasing political subdivision or local authority to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county; (B) At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; (C) Which shows that an employee, appointive officer, or elective officer of an employing political subdivision or agency thereof or of an employing local authority has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency or local authority, the purchase price, and location of the property. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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STATE GOVERNMENTOPEN AND PUBLIC MEETINGS; INSPECTION OF PUBLIC RECORDS; ACTIONS BY ATTORNEY GENERAL TO ENFORCE LAW. Code Sections 50-14-5 and 50-18-73 Amended. No. 740 (House Bill No. 1549). AN ACT To amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to authorize the Attorney General to bring judicial actions to enforce laws relating to open and public meetings and public records; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by striking subsection (a) of Code Section 50-14-5, relating to jurisdiction to enforce open and public meetings, and inserting in lieu thereof the following: (a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person, firm, corporation, or other entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this chapter. SECTION 2 . Said title is further amended by striking subsection (a) of Code Section 50-18-73, relating to jurisdiction to enforce inspection of public records, and inserting in lieu thereof the following: (a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. In addition, the Attorney General shall have authority to bring such actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this article. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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LOCAL GOVERNMENTLOCAL GOVERNMENT AUTHORITIES; REGISTRATION. Code Section 36-80-16 Amended. No. 741 (House Bill No. 1557). AN ACT To amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, so as to provide for changes to the Local Government Authorities Registration Act; to provide for the inclusion of the names of all the members of the authority in the registration; to provide that registration information shall be available in the office of the judge of the probate court of any affected county; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties, municipal corporations, and other governmental entities, is amended by striking Code Section 36-80-16, the Local Government Authorities Registration Act, and inserting in lieu thereof a new Code section to read as follows: 36-80-16. (a) This Code section shall be known and may be cited as the `Local Government Authorities Registration Act.' (b) The General Assembly finds that there is a need for the state to create and maintain a record of all local government authorities. Such a record can best be maintained through annual registration of all local government authorities. (c) The purpose of this Code section is to prescribe a registration process for all local government authorities authorized to operate in the State of Georgia by general statute, local law, or local constitutional amendment. (d) As used in this Code section, the term: (1) `Debt' includes all long-term or short-term credit obligations including, but not limited to, mortgages, bonds, loans, notes, interest-bearing warrants, and advances. For the purposes of this Code section, debt shall also include lease-purchase obligations. (2) `Local government authority' includes without limitation instrumentalities of one or more local governments created to fulfill a

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specialized public purpose or any other legally created organization that has authority to issue debt for a public purpose independent of a county or municipality, not to include state authorities. Local government authorities include joint authorities, regional authorities, hospital authorities, housing authorities, residential care facilities for the elderly authorities, resource recovery development authorities, solid waste management authorities, downtown development authorities, airport authorities, industrial, payroll and other development authorities, transit authorities, water and sewer authorities, parking authorities, recreation authorities, stadium and coliseum authorities, building authorities, public service authorities, or any other local government authority regardless of name. Such local government authorities may have been created by local constitutional amendment, general statute, or local law. (e) All local government authorities authorized to operate in the State of Georgia must register annually with the Department of Community Affairs. (f) Any local government authority which fails to register with the Department of Community Affairs shall not incur any debt or credit obligations until such time as it meets the registration requirement. Failure to register shall not have any adverse affect on any outstanding debt or credit obligation. (g) The Department of Community Affairs shall establish registration and reporting procedures for local government authorities. Such procedures shall include, but are not limited to, information on the authority's legal name, members, function, date and means of creation, contact person, address, and telephone number. (h) The Department of Community Affairs shall establish reasonable fees for the work related to administration and enforcement of this Code section; provided, however, no fee shall be charged or allowed for the annual registration as required in this Code section. (i) The Department of Community Affairs shall maintain a certified list of registered local government authorities, available on request. The department shall forward annually to the judge of the probate court in any affected county the registration information for all authorities operating in that county. (j) Local government authorities shall initially register on or before January 1, 1996, and shall register on or before January 1 of each year thereafter. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONEXCISE TAXES ON RENTAL MOTOR VEHICLES. Code Section 48-13-97 Enacted. No. 742 (House Bill No. 1582). AN ACT To amend Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, so as to provide for reporting cash and credit rental charges; to provide for changing of basis of accounting; to provide for payment of tax at time of filing return under cash basis of accounting; to provide for deduction of bad debts under accrual basis of accounting; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 5 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxes on rental motor vehicles, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-13-97, to read as follows: 48-13-97. (a) Any person collecting the tax under this article having both cash and credit rental charges may report the rental charges on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed on or after July 1, 1998, and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash rental charges made during the period covered by the return and all collections made in any period on credit rental charges of prior periods and shall pay the tax on the rental charges at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONINCOME TAX; CREDIT FOR PURCHASING OR RETROFITTING HOMES WITH ACCESSIBILITY FEATURES. Code Section 48-7-29.1 Enacted. No. 743 (House Bill No. 1621). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, so as to provide for a tax credit with respect to purchasing or retrofitting certain single-family homes with accessibility features; to provide for conditions, limitations, and exclusions; to provide for authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income tax, is amended by adding a new Code section immediately following Code Section 48-7-29, to be designated Code Section 48-7-29.1, to read as follows: 48-7-29.1. (a) As used in this Code section, the term: (1) `Accessibility features' means: (A) One no-step entrance allowing access into the residence; (B) Interior passage doors providing a 32 inch wide clear opening; (C) Reinforcements in bathroom walls allowing later installation of grab bars around the toilet, tub, and shower, where such facilities are provided; and (D) Light switches and outlets placed in accessible locations. (2) `Taxpayer' means a permanently disabled person who has been issued a permanent permit under subsection (c) of Code Section 40-6-222 or a person who has been issued a special permanent permit under subsection (e) of Code Section 40-6-222. (b) A taxpayer shall be allowed a credit against the tax imposed by Code Section 48-7-20 as follows: (1) In the amount of $500.00 with respect to the purchase during that taxable year of a new, single-family home containing all of the

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accessibility features defined under subsection (a) of this Code section; or (2) For qualifying expenditures made to retrofit an existing, single-family home with one or more accessibility features as defined under subsection (a) of this Code section, a credit shall be allowed with respect to each such accessibility feature in the amount of $125.00 or the actual cost of such accessibility feature, whichever is lower, provided that the aggregate amount of such credit under this paragraph for such accessibility features shall not exceed $500.00. (c) In no event shall the total amount of the tax credit under this Code section for a taxable year exceed $500.00 per residence or the taxpayer's income tax liability, whichever is less. Any unused tax credit shall be allowed to be carried forward to apply to the taxpayer's next three succeeding years' tax liability. No such tax credit shall be allowed the taxpayer against prior years' tax liability. (d) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section. SECTION 2 . This Act shall become effective on January 1, 1999, and shall be applicable to all taxable years beginning on or after January 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. EDUCATIONSEX EDUCATION; INSTRUCTION ON LEGAL CONSEQUENCES OF PARENTHOOD. Code Section 20-2-143 Amended. No. 745 (House Bill No. 1654). AN ACT To amend Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention education, so as to require instruction regarding the legal consequences of parenthood; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 20-2-143 of the Official Code of Georgia Annotated, relating to sex education and AIDS prevention education, is amended by striking in

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their entirety subsections (a) and (b), and inserting in their place the following: (a) Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, the promotion of high self-esteem, local community values, the legal consequences of parenthood, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome. (b) The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. The course shall include instruction concerning the legal consequences of parenthood, including, without being limited to, the legal obligation of both parents to support a child and legal penalties or restrictions upon failure to support a child, including, without being limited to, the possible suspension or revocation of a parent's driver's license and occupational or professional licenses. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Human Resources, the State Board of Education, and such expert advisers as they may choose. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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REVENUE AND TAXATIONSALES AND USE TAX; EXEMPTIONS; APPLICABILITY OF TAX TO CERTAIN PROPERTY FIRST PURCHASED AND USED OUTSIDE STATE. Code Sections 48-8-3 and 48-8-30 Amended. No. 746 (House Bill No. 1656). AN ACT To amend Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, so as to provide for an exemption with respect to sales of blood glucose level measuring strips; to provide for an exemption for the sale of certain eligible food and beverages to and by member councils of the Girl Scouts of the U.S.A. or the Boy Scouts of America; to provide for conditions and limitations; to provide for an exemption with respect to certain advertising inserts or advertising supplements; to provide for an exemption with respect to the sale of grass sod; to provide for conditions and limitations; to provide for an exemption with respect to the sale or use of certain funeral merchandise; to provide for conditions and limitations; to change certain provisions regarding applicability of such tax to certain property first purchased and used outside this state; to provide for construction; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to state sales and use tax, is amended by striking paragraph (50) of Code Section 48-8-3, relating to exemptions from state sales and use tax, and inserting in its place a new paragraph (50) to read as follows: (50) Sales of insulin, insulin syringes, and blood glucose level measuring strips dispensed without a prescription; . SECTION 2 . Said article is further amended by striking paragraph (59) of Code Section 48-8-3, relating to exemptions from sales and use tax, and inserting in its place a new paragraph (59) to read as follows: (59) (A) For purposes of this paragraph, `eligible food and beverages' means any food as defined in Section 3 of the federal Food Stamp Act of 1977 (P.L. 95-113), as amended, 7 U.S.C.A. 2012(g), as such Act existed on January 1, 1996, whether or not for off premises consumption. (B) Sales of eligible food and beverages to and by member councils of the Girl Scouts of the U.S.A. in connection with fundraising activities of any such council.

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(C) Sales of eligible food and beverages to and by member councils of the Boy Scouts of America in connection with fundraising activities of any such council; . SECTION 3 . Said article is further amended in Code Section 48-8-3, relating to exemptions from state sales and use tax, by striking the period at the end of paragraph (60) and inserting a semicolon and by adding new paragraphs (61), (62), and (63) to read as follows: (61) Printed advertising inserts or advertising supplements distributed in this state in or as part of any newspaper for resale; (62) The sale of grass sod of all kinds and character when such sod is in the original state of production or condition of preparation for sale. The exemption provided for by this paragraph shall only apply to a sale made by the sod producer, a member of such producer's family, or an employee of such producer. The exemption provided for by this paragraph shall not apply to sales of grass sod by a person engaged in the business of selling plants, seedlings, nursery stock, or floral products; or (63) The sale or use of funeral merchandise, outer burial containers, and cemetery markers as defined in Code Section 43-18-1, which are purchased with funds received from the Georgia Crime Victims Emergency Fund under Chapter 15 of Title 17. SECTION 4 . Said article is further amended by striking subsection (c) of Code Section 48-8-30, relating to imposition of the state sales and use tax, and inserting in its place a new subsection (c) to read as follows: (c) (1) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price, except as provided in paragraph (2) of this subsection. (2) Upon the first instance of use, consumption, distribution, or storage within this state of tangible personal property purchased at retail outside this state and used outside this state for more than six months prior to its first use within this state, the owner or user of the property shall be a dealer and shall be liable for a tax at the rate of 4 percent of the cost price or fair market value of the property, whichever is the lesser. (3) This subsection shall not be construed to require a duplication in the payment of the tax. The tax imposed by this subsection shall be

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subject to the credit otherwise granted by this article for like taxes previously paid in another state. SECTION 5 . This Act shall become effective on July 1, 1998. SECTION 6 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. REVENUE AND TAXATIONSALES AND USE TAXES; DEDUCTION FOR BAD CREDIT CARD DEBT. Code Section 48-8-45 Amended. No. 747 (House Bill No. 1660). AN ACT To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, so as to provide for an additional deduction with respect to certain bad credit card debt; to provide for procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, is amended by striking Code Section 48-8-45, relating to reporting cash and credit sales, and inserting in its place a new Code Section 48-8-45 to read as follows: 48-8-45. (a) Any person taxable under this article having both cash and credit sales may report the sales on either the cash or accrual basis of accounting. Each election of a basis of accounting shall be made on the first return filed and, once made, the election shall be irrevocable unless the commissioner grants written permission for a change. Permission for a change in the basis of accounting shall be granted only upon written application and under rules and regulations promulgated by the commissioner. (b) Any person reporting on a cash basis of accounting shall include in each return all cash sales made during the period covered by the return

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and all collections made in any period on credit sales of prior periods and shall pay the tax on the sales at the time of filing the return. (c) Any person reporting on the accrual basis of accounting shall be allowed a deduction for bad debts under rules and regulations of the commissioner on the same basis that bad debts are allowed as a deduction on state income tax returns. In the case of an assignee of credit card debt purchased directly from a dealer without recourse, the assignee reporting on the accrual basis of accounting or a credit card bank which extends such credit to customers under a private label credit card program shall be allowed a deduction for bad credit card debts under rules and regulations of the commissioner on the same basis that bad credit card debts are allowed as a deduction on state income tax returns. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. TORTSWRONGFUL DEATH; SURVIVING SPOUSE'S SHARE OF RECOVERY. Code Section 51-4-2 Amended. No. 748 (House Bill No. 1693). AN ACT To amend Code Section 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death and persons entitled to bring an action, survival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recovery as to a child born out of wedlock, so as to provide that the share of a surviving spouse of the decedent in a wrongful death action is at least one-third of the amount recovered; 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 51-4-2 of the Official Code of Georgia Annotated, relating to wrongful death and persons entitled to bring an action, survival of an action, release of a wrongdoer, disposition of the recovery, exemption of the recovery from liability for the decedent's debts, and recovery as to a

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child born out of wedlock, is amended by striking in its entirety subsection (d), and inserting in its place the following: (d) (1) Any amount recovered under subsection (a) of this Code section shall be equally divided, share and share alike, among the surviving spouse and the children per capita, and the descendants of children shall take per stirpes, provided that any such recovery to which a minor child is entitled and which equals less than $15,000.00 shall be held by the natural guardian of the child, who shall hold and use such money for the benefit of the child and shall be accountable for same; and any such recovery to which a minor child is entitled and which equals $15,000.00 or more shall be held by a guardian of the property of such child. (2) Notwithstanding paragraph (1) of this subsection, the surviving spouse shall receive no less than one-third of such recovery as such spouse's share. SECTION 2 . This Act shall become effective on July 1, 1998, and shall apply to all wrongful death actions arising on or after such date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. COURTSJUVENILE PROCEEDINGS; DEPRIVATION OF CHILD RESULTING FROM SUBSTANCE ABUSE. Code Sections 15-11-28 and 15-11-34 Amended. No. 750 (House Bill No. 1717). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for determinations as to whether deprivation of a child is the result of alcohol or other drug abuse; to authorize the court to prohibit the return of custody of a child to the person having custody when the deprivation occurred unless such person undergoes substance abuse treatment and screenings and such screenings are negative for a specified period; to repeal conflicting laws; and for other purposes. 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, is amended by adding at the end of Code Section

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15-11-28, relating to juvenile court hearings generally, a new subsection to read as follows: (g) At any hearing on a petition alleging deprivation of a child, the court shall make and file its findings as to whether the child is a deprived child, as defined in paragraph (2) of Code Section 15-11-2, and whether such deprivation is found to have been the result of alcohol or other drug abuse. SECTION 2 . Said chapter is further amended by adding at the end of Code Section 15-11-34, regarding the disposition of a deprived child, a new subsection to read as follows: (e) If a child is found to be a deprived child and the deprivation is found to have been the result of alcohol or other drug abuse, as specified in subsection (g) of Code Section 15-11-28, and the court orders transfer of temporary legal custody of the child, as provided in paragraph (2) of subsection (a) of this Code section, the court is authorized to further order that legal custody of the child may not be transferred back to the person having custody of the child when the deprivation occurred unless such person undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than six consecutive months. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. CONSERVATION AND NATURAL RESOURCESWASTE WATER DISCHARGE LIMITATIONS AND PENALTIES; EXCEPTION FOR PUBLIC HOUSING AUTHORITIES. Code Section 12-5-23.2 Amended. No. 782 (Senate Bill No. 19). AN ACT To amend Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, so as to provide that a certain moratorium shall not apply to certain publicly funded facilities; to provide that such moratorium shall not apply to previously permitted sewer connections; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Code Section 12-5-23.2 of the Official Code of Georgia Annotated, relating to waste-water discharge limitations and penalties, is amended by striking in its entirety paragraph (6) of subsection (c) and inserting in lieu thereof the following: (6) If in any month after July 1, 1996, and before December 31, 1998, a person discharges waste water from such person's water pollution control plants containing more than 0.75 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 1999, and before December 31, 2000, a person discharges waste water from such person's water pollution control plants containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis; or if in any month after January 1, 2001, a person discharges waste water from any individual water pollution control plant containing more than 0.64 milligrams of phosphorous per liter of water on a monthly average basis, such person shall not permit any additional sewer connections within such person's corporate limits until he or she has been in compliance with such provisions for three consecutive months. The provisions of this subsection shall apply without regard to the provisions of paragraphs (1) through (5) of this subsection and shall not be suspended or terminated; provided, however, that nothing in this paragraph shall prohibit additional sewer connections required for any project constructed by or in partnership with a public housing authority, as long as the additional connections for such project do not cause the total quantity of sewage generated to exceed the total quantity of sewage generated by that public housing authority's housing units in existence on January 1, 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 2, 1998. CRIMES AND OFFENSESINTERFERING WITH CALL FOR EMERGENCY HELP. Code Section 16-10-24.3 Enacted. No. 783 (Senate Bill No. 460). AN ACT To amend Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and

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related offenses, so as to provide for the offense of interfering with certain calls for emergency assistance; to provide for penalties; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 2 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to obstruction of public administration and related offenses, is amended by adding immediately following Code Section 16-10-24.2 a new Code Section 16-10-24.3 to read as follows: 16-10-24.3. Any person who verbally or physically obstructs, prevents, or hinders another person with intent to cause or allow physical harm or injury to another person from making or completing a 911 telephone call or a call to any law enforcement agency to request police protection or to report the commission of a crime is guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or both. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. DOMESTIC RELATIONSCHILD ABUSE. Code Title 19, Chapter 15 Amended. Code Sections 49-5-41 and 49-5-186 Amended. No. 784 (Senate Bill No. 473). AN ACT To amend Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, so as to provide for the filling of vacancies on child abuse protocol committees; to authorize the chief superior court judge of a circuit to order certain agencies to participate on child abuse protocol committees; to provide that failure to comply with such an order shall be cause for punishment as for contempt of court; to provide for filing the child abuse protocol with the State-wide Child Abuse Prevention Panel; to provide for the child abuse protocol committee to file

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certain reports with the State-wide Child Abuse Prevention Panel and the chief superior court judge of the circuit; to change the procedures relating to investigations and reports after the death of a child; to provide for the duties of certain officers, child abuse protocol committees, and the child fatality review subcommittees of such committees; to provide for contents of reports filed by child fatality review subcommittees; to change the composition of the State-wide Child Abuse Prevention Panel; to change the provisions relating to meetings and proceedings of child abuse protocol committees and subcommittees; to change the provisions relating to use of information and records of the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees; to provide that information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to provide that certain child abuse and deprivation records and information in the central child abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 15 of Title 19 of the Official Code of Georgia Annotated, relating to child abuse, is amended by striking Code Section 19-15-2, relating to the establishment of child abuse protocol committees, and inserting in lieu thereof a new Code Section 19-15-2 to read as follows: 19-15-2. (a) Each county shall be required to establish a child abuse protocol as provided in this Code section. (b) The chief superior court judge of the circuit in which the county is located shall establish a child abuse protocol committee as provided in subsection (c) of this Code section and shall appoint an interim chairperson who shall preside over the first meeting and the chief superior court judge shall appoint persons to fill any vacancies on the committee. Thus established, the committee shall thereafter elect a chairperson from its membership. (c) (1) Each of the following agencies of the county shall designate a representative to serve on the committee:

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(A) The office of the sheriff; (B) The county department of family and children services; (C) The office of the district attorney; (D) The juvenile court; (E) The magistrate court; (F) The county board of education; (G) The county mental health organization; (H) The office of the chief of police of a county in counties which have a county police department; (I) The office of the chief of police of the largest municipality in the county; (J) The county board of health, which shall designate a physician to serve on the committee; and (K) The office of the coroner or county medical examiner. (2) In addition to the representatives serving on the committee as provided for in paragraph (1) of this subsection, the chief superior court judge shall designate a representative from a local citizen or advocacy group which focuses on child abuse awareness and prevention. (3) If any designated agency fails to carry out its duties relating to participation on the committee, the chief superior court judge of the circuit may issue an order requiring the participation of such agency. Failure to comply with such order shall be cause for punishment as for contempt of court. (d) Each committee shall elect or appoint a chairperson who shall convene the first meeting and be responsible for ensuring that written protocol procedures are followed by all agencies. That person can be independent of agencies listed in paragraph (1) of subsection (c) of this Code section. The child abuse protocol committee thus established may appoint such additional members as necessary and proper to accomplish the purposes of the committee. (e) The committee shall, by July 1, 1988, adopt a written child abuse protocol which shall be filed with the Division of Family and Children Services of the Department of Human Resources and the State-wide Child Abuse Prevention Panel, a copy of which shall be furnished to each agency in the county handling the cases of abused children. The protocol shall be a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged

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child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child. (f) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling. (g) Upon completion of the writing of the child abuse protocol, the committee shall continue in existence and shall meet at least semiannually for the purpose of evaluating the effectiveness of the protocol and appropriately modifying and updating same. (h) Each committee shall adopt or amend its written child abuse protocol no later than December 1, 1993, to specify the circumstances under which law enforcement officers will and will not be required to accompany child abuse investigators from the county department of family and children services when these investigators investigate reports of child abuse. In determining when law enforcement officers shall and shall not accompany child abuse investigators, the committee shall consider the need to protect the alleged victim and the need to preserve the confidentiality of the report. Each committee shall establish joint work efforts between the law enforcement and child abuse investigative agencies in child abuse investigations. The adoption or amendment of the protocol shall also describe measures which can be taken within the county to prevent child abuse and shall be filed with and furnished to the same entities with or to which an original protocol is required to be filed or furnished. The protocol will be further amended to specify procedures to be adopted by the committee to ensure that written protocol procedures are followed. The committee shall meet at least semi-annually and shall issue a report no later than the first day of July in 1994 and no later than the first day of July each year thereafter. That report shall evaluate the extent to which child abuse investigations during the 12 months prior to the report have complied with the child abuse protocols of the committee, recommend measures to improve compliance, and describe which measures taken within the county to prevent child abuse have been successful. The report shall be transmitted to the county governing authority, the fall term grand jury of the judicial circuit, the State-wide Child Abuse Prevention Panel, and the chief superior court judge. (i) By July 1, 1994, members of each committee shall receive appropriate training. As new members are appointed, they will also receive training within 12 months after their appointment. The Department of Human Resources shall provide such training.

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SECTION 2 . Said chapter is further amended by striking subsections (a), (b), and (c) of Code Section 19-15-3, relating to the death of a child and reports and investigations, and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) (1) When a county medical examiner or coroner receives a report regarding the death of any child, that medical examiner or coroner shall, within 48 hours of the death, notify the chairperson of the child fatality review subcommittee of the county in which such child resided at the time of death. It shall be the duty of any law enforcement officer or other person having knowledge of the death of a child to immediately notify the coroner or county medical examiner of the county wherein the body is found or death occurs. If the death occurred outside the child's county of residence, it shall be the duty of the medical examiner or coroner in the county where the child died to notify the medical examiner or coroner in the county of the child's residence. (2) When a medical examiner files a report regarding the death of any child with the director of the division of forensic services of the Georgia Bureau of Investigation pursuant to Code Section 45-16-24, that medical examiner at the same time shall also transmit a copy of that report to the committee of the county in which such child resided at the time of death. (b) The chairperson for each committee shall establish a subcommittee composed of members of the committee to include, but not be limited to, the county medical examiner or coroner; the district attorney or his or her designee; a county department of family and children services representative; a local law enforcement representative; a juvenile court representative; a county board of health representative; and other members as deemed necessary. The subcommittee shall be the child fatality review subcommittee for that committee. When a coroner or county medical examiner receives a report pursuant to subsection (a) of this Code section, that coroner or county medical examiner shall review the findings regarding the cause and manner of the child's death. If the death does not meet the criteria for review pursuant to Code Section 45-16-24, the coroner or county medical examiner shall sign a form stating that the death does not meet the criteria for review and forward the findings of the coroner or county medical examiner and such form to the chairperson of the child fatality review subcommittee within seven days of the child's death. If such chairperson agrees that the child's death does not meet the criteria for review, the chairperson shall sign a form stating that the death does not meet the criteria for review and shall forward the findings and form to the State-wide Child Abuse Prevention Panel. If the chairperson disagrees with the coroner or county medical examiner and believes that the child's death should be reviewed, the

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chairperson shall follow the procedures for deaths to be reviewed. If the death meets the criteria for review, the coroner or county medical examiner shall forward the findings of such office regarding the death of the child in a report to the chairperson of the child fatality review subcommittee for review within seven days of the child's death. That subcommittee shall meet and review the report within 30 days after receipt and conduct its own investigation into the death of the child named in that report. The subcommittee may obtain from any superior court judge of the county for which the committee was created a subpoena to compel the production of documents or attendance of witnesses when that judge has made a finding that such documents or witnesses are necessary for the subcommittee's investigation; provided, however, that this Code section shall not modify or impair the privileged communications as provided by law except as otherwise provided in Code Section 19-7-5. The subcommittee shall complete the investigation and prepare its own report regarding the death of the child named in the medical examiner's report received by the committee. The subcommittee's report shall be completed within 20 days, Saturdays, Sundays, and holidays excluded, following the first meeting of the subcommittee held after the committee received the coroner's or medical examiner's report. The subcommittee's report shall: (1) State the circumstances leading up to death and cause of death; (2) Detail any agency involvement prior to death, including the beginning and ending dates and kinds of services delivered, the reasons for initial agency activity, and the reasons for any termination of agency activities; (3) State whether any agency services had been delivered to the family or child prior to the circumstances leading to the child's death; (4) State whether court intervention had ever been sought; (5) Conclude whether services or agency activities delivered prior to death were appropriate and whether the child's death could have been prevented; (6) Make recommendations for possible prevention of future deaths of similar incidents for children who are at risk for such deaths; and (7) Include other findings as requested by the State-wide Child Abuse Prevention Panel. (c) The subcommittee shall transmit a copy of its report within 15 days following its completion to the State-wide Child Abuse Prevention Panel. The subcommittee shall also transmit a copy of its report within 15 days following its completion to the district attorney of the county for which the committee was created if the report concluded that the child named therein died as a result of:

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(1) Sudden Infant Death Syndrome when no autopsy was performed to confirm the diagnosis; (2) Accidental death when it appears that the death could have been prevented through intervention or supervision; (3) Any sexually transmitted disease; (4) Medical causes which could have been prevented through intervention by an agency or by seeking medical treatment; (5) Suicide of a child in custody or known to the Department of Human Resources or when the finding of suicide is suspicious; (6) Suspected or confirmed child abuse; (7) Trauma to the head or body; or (8) Homicide. SECTION 3 . Said chapter is further amended by striking paragraphs (11) and (12) of subsection (a) of Code Section 19-15-4, relating to the State-wide Child Abuse Prevention Panel, and inserting in lieu thereof the following: (11) A local law enforcement official appointed by the Governor; (12) A superior court judge appointed by the Governor; (13) A coroner appointed by the Governor; and (14) The director of the Division of Public Health of the Department of Human Resources. SECTION 4 . Said chapter is further amended by adding at the end of Code Section 19-15-6, relating to the use of information and records by the State-wide Child Abuse Prevention Panel and child abuse protocol committees and subcommittees, a new subsection (h) to read as follows: (h) Notwithstanding any other provisions of law, information acquired by and documents, records, and reports of the panel and child abuse protocol committees and subcommittees applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. SECTION 5 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end of Code Section 49-5-41, relating to persons and agencies

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permitted access to child abuse and deprivation records, a new subsection (e) to read as follows: (e) Notwithstanding any other provisions of law, child abuse and deprivation records applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. SECTION 6 . Said chapter is further amended by striking in its entirety subsection (b) of Code Section 49-5-186, relating to confidentiality of information in the central child abuse registry, and inserting in lieu thereof a new subsection (b) to read as follows: (b) (1) Information obtained from the abuse registry may not be made a part of any record which is open to the public except as provided in paragraph (2) of this subsection and except that a district attorney may use in any court proceeding that information in the course of any criminal prosecution for any offense which constitutes or results from child abuse if such information is otherwise admissible. (2) Notwithstanding any other provisions of law, information in the abuse registry applicable to a child who at the time of his or her death was in the custody of a state department or agency or foster parent which information relates to the child while in the custody of the state department or agency or foster parent whose custody the child was in at the time of the child's death shall not be confidential and shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. SOCIAL SERVICESJOINT BOARD OF FAMILY PRACTICE; REDESIGNATED AS GEORGIA BOARD FOR PHYSICIAN WORKFORCE. Code Title 49, Chapter 10 Amended. No. 785 (Senate Bill No. 533). AN ACT To amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to redesignate the Joint Board of Family Practice as the Georgia Board for Physician Workforce; to provide for board composition,

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qualifications, terms, vacancies, organization, expense and allowance, staff, and advisory committees; to provide for the purpose, responsibilities, duties, and powers of the board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 49 of the Official Code of Georgia Annotated, relating to social services, is amended by striking Chapter 10 thereof, relating to the Joint Board of Family Practice, and inserting in its place the following: CHAPTER 10 49-10-1. (a) (1) The Joint Board of Family Practice which existed on January 1, 1998, is continued in existence but on and after July 1, 1998, shall become and be known as the Georgia Board for Physician Workforce. The Georgia Board for Physician Workforce, referred to in this chapter as the `board,' shall be attached to the Board of Regents of the University System of Georgia for administrative purposes only, as defined by Code Section 50-4-3. (2) The Georgia Board for Physician Workforce shall be composed of 15 members, all of whom are residents of this state, as follows: (A) Five members shall be primary care physicians; (B) Five members shall be physicians who are not primary care physicians; (C) Three members shall be representatives of hospitals which are not teaching hospitals, with at least one of those three members being a representative of a rural, nonprofit hospital; (D) One member shall be a representative from the business community; (E) One member shall have no connection with the practice of medicine or the provision of health care; and (F) The physicians on the board shall represent a diversity of medical disciplines, including, but not limited to, women's health, geriatrics, and children's health. The board shall represent the gender, racial, and geographical diversity of the state. (3) All members of the board shall be appointed by the Governor and confirmed by the Senate. The terms of office of all the members of the Joint Board of Family Practice shall expire July 1, 1998, but only at such time on or after that date when all 15 of the initial members of the Georgia Board of Physician Workforce have been appointed and

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qualified. No such initial member shall exercise any power under this chapter until all 15 members have been appointed and qualified. The initial members of the board who are appointed thereto shall take office for initial terms of office as follows: (A) Two primary care physicians, two physicians who are not primary care physicians, and one representative of a hospital which is not a teaching hospital shall be appointed to two-year terms of office; (B) Two primary care physicians, two physicians who are not primary care physicians, and one representative of a hospital which is not a teaching hospital shall be appointed to four-year terms of office; and (C) The remainder of the board shall be appointed to six-year terms of office. Thereafter, successors to such members shall be appointed for terms of six years. The Governor shall designate the term to which each initial member is appointed. All members shall serve until their successors are appointed and qualified. Members appointed under this paragraph shall be eligible to serve on the board until confirmed by the Senate at the session of the General Assembly next following their appointment. (4) In case of a vacancy on the board by reason of death or resignation of a member or for any other cause other than the expiration of the member's term of office, the board shall by secret ballot elect a temporary successor. If the General Assembly is in session, the temporary successor shall serve until the end of that session. If the General Assembly is not in session, the temporary successor shall serve until the end of the session next following the vacancy or until the expiration of the vacated member's term of office, whichever occurs first. The Governor shall appoint a permanent successor who shall be confirmed by the Senate. The permanent successor shall take office on the first day after the General Assembly adjourns and shall serve for the unexpired term and until his or her successor is appointed and qualified. (5) The office on the board of a member thereof who fails to attend more than three consecutive regular meetings of the board, without excuse approved by resolution of the board, shall become vacant. (b) The board shall annually elect from its membership a chair, a vice-chair, and a secretary-treasurer by ballot. Meetings shall be held at the call of the chair or upon written request of a majority of the members. A majority of members then in office shall constitute a quorum and shall have the authority to act upon any matter properly

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brought before the board. The board shall keep permanent minutes and records of all its proceedings and actions. (c) Each member of the board shall receive the same expense allowance per day as that received by a member of the General Assembly for each day or substantial portion thereof that such member of the board is engaged in the work of the board, in addition to such reimbursement for travel and other expenses as is normally allowed to state employees. No member of the board shall receive the above per diem for more than 30 days in any one calendar year. (d) The board shall have the authority to employ such administrative staff as is necessary to carry out the functions of the board. Such staff members shall be employed within the limits of the appropriations made to the board. (e) The board, as it deems appropriate, shall have the authority to appoint advisory committees to advise the board on the fulfillment of its duties. The members of the advisory committees shall not receive any per diem or reimbursements; provided, however, that such members shall receive the mileage allowance provided for in Code Section 50-19-7 for the use of a personal car in connection with attendance at meetings called by the board. 49-10-2. The purpose of the board shall be to address the physician workforce needs of Georgia communities through the support and development of medical education programs. 49-10-3. The board shall have the following powers, duties, and responsibilities: (1) To locate and determine specific underserved areas of the state in which unmet priority needs exist for physicians by monitoring and evaluating the supply and distribution of physicians by specialty and geographical location; (2) To approve and allocate state appropriations for family practice training programs, including but not limited to fellowships in geriatrics and other areas of need as may be identified by the board; (3) To approve and allocate state appropriations for designated pediatric training programs; (4) To approve and allocate any other state funds appropriated to the Georgia Board for Physician Workforce to carry out its purposes; (5) To coordinate and conduct with other state, federal, and private entities, as appropriate, activities to increase the number of graduating

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physicians who remain in Georgia to practice with an emphasis on medically underserved areas of the state; and (6) To carry out any other functions assigned to the board by general law. 49-10-4. The board shall have the power to contract with other state and federal agencies, persons, corporations, associations, institutions, and authorities in carrying out its responsibilities. In addition, the board shall have the authority to adopt reasonable rules and regulations to carry out those responsibilities. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. RETIREMENT AND PENSIONSTEACHERS RETIREMENT SYSTEM OF GEORGIA; RESTORATION OF BENEFICIARY TO SERVICE; REIMBURSEMENT FOR BENEFITS WRONGLY PAID. Code Section 47-3-127 Amended. No. 786 (Senate Bill No. 558). AN ACT To amend Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, so as to so as to clarify the meaning of the term restoration to service; to provide that an employer which employs a beneficiary of such retirement system under certain circumstances shall reimburse the retirement system for benefits wrongfully paid to the beneficiary; to provide for notice of employment; to provide that a beneficiary shall notify an employer of his or her status prior to accepting employment; to provide for the payment of amounts owed; to provide for matters related to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-3-127 of the Official Code of Georgia Annotated, relating to the effect of restoration to service upon a beneficiary of the Teachers Retirement System of Georgia, is amended by inserting at the end thereof the following:

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(e) (1) A beneficiary of this retirement system shall be deemed to be restored to service within the meaning of this Code section if such beneficiary is employed by an employer: (A) In a position previously held by a teacher; or (B) In a capacity which would normally be held by a teacher, as determined by the board of trustees, whether employed directly or indirectly, for which the compensation is greater than one-half of the beneficiary's average annual compensation used to calculate his or her retirement benefit or the beneficiary's final compensation at the time of his or her retirement, whichever is larger; provided, however, that such amount shall be increased by any annual cost-of-living adjustment reflected in the state teacher salary schedule. (2) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection during the calendar month of the effective date of the beneficiary's retirement, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary. (3) If an employer employs a beneficiary in any manner specified in paragraph (1) of this subsection any time after the last day of the calendar month of the effective date of the beneficiary's retirement, the employer shall so notify the board of trustees, stating the beneficiary's name, salary, number of hours, whether the beneficiary is employed as a teacher, and such other information as the board of trustees requests. If an employer fails to so notify the board of trustees, the employer shall reimburse the retirement system for all benefits wrongly paid to the beneficiary. (4) It shall be the duty of a beneficiary of this retirement system to notify an employer of his or her status as a beneficiary prior to accepting employment with that employer. If a beneficiary fails to so notify an employer and as a result the employer becomes obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection, the beneficiary shall be liable to the employer for any amount the employer is obligated to pay to this retirement system. (5) If an employer who is obligated to this retirement system pursuant to paragraph (2) or (3) of this subsection fails to pay the amount due, such amount shall be deducted from any funds payable to the employer by the state, including without limitation the Department of Education and the Board of Regents, and paid to the board of trustees of this retirement system. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998.

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PUBLIC OFFICERS AND EMPLOYEESOVERTIME OR COMPENSATORY TIME; CONDITIONS OF EMPLOYMENT. Code Section 45-19-46 Enacted. No. 795 (Senate Bill No. 700). AN ACT To amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, so as to prohibit public employers from requiring public employees or applicants to agree to not receive certain overtime or compensatory time; to provide for definitions; 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 . Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, relating to fair employment practices, is amended by adding a new Code section at the end thereof, to be designated Code Section 45-19-46, to read as follows: 45-19-46. (a) As used in this Code section, the term: (1) `Overtime hours' means hours worked by a public employee for which payment of time and one-half overtime compensation or time and one-half compensatory time is required pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq. (2) `Public employee' or `applicant' means a public employee or applicant for public employment who is, or if hired would be, entitled to payment of time and one-half overtime compensation or time and one-half compensatory time for overtime hours, pursuant to the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq. (b) No public employer shall require that a public employee or applicant agree, as a term and condition of employment, to receive neither time and one-half overtime compensation nor time and one-half compensatory time for overtime hours. (c) Nothing in this Code section shall prohibit a public employer from providing time and one-half compensatory time in lieu of cash overtime payment, or from exercising any other optional payment plan or method authorized by the Fair Labor Standards Act, 29 U.S.C.A. 207, et seq., including, but not limited to, the fluctuating work week method of overtime payment.

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SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 2, 1998. SOCIAL SERVICESCHILDREN AND YOUTH; HEALTH CARE COVERAGE FOR THOSE IN LOW INCOME FAMILIES; PEACHCARE FOR KIDS. Code Title 49, Chapter 5, Article 13 Enacted. No. 798 (Senate Bill No. 410). AN ACT To amend Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, so as to create the PeachCare for Kids Act; to provide for a short title, legislative findings, and definitions; to provide for the creation of a health care coverage program for certain children and for its administration and funding; to provide for eligibility and coverage; to provide for copayments and premiums; to provide for outreach, applications, and enrollment; to provide for health care provider enrollment and reimbursement; to provide for plan submission and action to obtain federal approval; to provide for submissions of copies of the plan; to provide for reports and agency cooperation; to provide for certain agency and other contracts; to provide for separate budget units and appropriations; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by adding at the end a new article to read as follows: ARTICLE 13 49-5-270. This article shall be known and may be cited as the `PeachCare for Kids Act.' 49-5-271.

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The General Assembly finds and declares that a large proportion of school-aged children in Georgia do not currently have access to adequate medical treatment and, further, that this lack of access can hinder a child's ability to reach his or her full physical and educational potential. The General Assembly further finds that federal funding made available to the states under Title XXI of the federal Social Security Act may be used to administer programs to provide such coverage. The General Assembly further finds the provision of adequate medical coverage for this population to be in the public interest and further declares the establishment of the program pursuant to this article to be a desirable and economical means of increasing access to such medical coverage. 49-5-272. As used in this article, the term: (1) `Department' means the Department of Medical Assistance. (2) `Federal law' means Title XXI of the federal Social Security Act. (3) `Medicaid' means medical assistance provided under Article 7 of Chapter 4 of this title, the `Georgia Medical Assistance Act of 1977.' (4) `PeachCare' or `program' means the PeachCare for Kids Program created by Code Section 49-5-273. 49-5-273. (a) There is created the PeachCare for Kids Program to provide health care benefits for children in families with income below 200 percent of the federal poverty level. Children from birth through 18 years of age in families with family incomes below 200 percent of the federal poverty level and who are not eligible for medical assistance under Medicaid shall be eligible for the program, to be administered by the department pursuant to federal law and subject to availability of funding. (b) No entitlement to benefits for the children covered under the program or this article shall be created by the program, nor shall this article or any rules or regulations adopted pursuant to this article be interpreted to entitle any person to receive any health services or insurance available under this program. The program shall be established subject to the availability of funds specifically appropriated by the General Assembly for this purpose and federal matching funds as set forth in federal law. The department shall operate the program consistent with administrative efficiency and the best interests of children. (c) The program shall offer substantially the same health care services available to children under Georgia's Medicaid plan, but coverage for such services shall not be provided by an expansion of eligibility for medical assistance under Medicaid. However, the program shall exclude

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nonemergency transportation and targeted case management services. The department shall utilize appropriate medical management and utilization control procedures necessary to manage care effectively and shall prospectively limit enrollment in the program and modify the health care services benefits when the department has reason to believe the cost of such enrollment or services may exceed the availability of funding. (d) The department may require copayments for services consistent with federal law; provided, however, that no copayment shall be charged for preventive services and no copayments or premiums shall be charged for any child under six years of age. Preventive services include but are not limited to medically necessary maintenance medication and monitoring for chronic conditions such as asthma and diabetes. (e) The department shall require payment of premiums for participation in the program. The premiums shall not exceed the amounts permitted under Section 1916(b)(1) of the Social Security Act or federal law. (f) The department may provide for presumptive eligibility for all applicant children as allowed by federal law and in a manner consistent with the provisions of this article. (g) The department shall provide for outreach for the purpose of enrolling children in the program. Applications shall be accepted by mail or in person. All necessary and appropriate steps shall be taken to achieve administrative cost efficiency, reduce administrative barriers to application for and receipt of services under the program, and ensure that enrollment in the program does not substitute for coverage under a group health insurance plan. (h) Any health care provider who is enrolled in the Medicaid program shall be deemed to be enrolled in the program. (i) The department shall file a Title XXI plan to carry out the program with the United States Department of Health and Human Services Health Care Financing Administration by June 1, 1998. The department shall have the authority and flexibility to make such decisions as are necessary to secure approval of that plan consistent with this article. The department shall provide a copy of the plan to the General Assembly. The department shall operate this program consistent with federal law. (j) The department shall publish an annual report, copies of which shall be provided to the Governor and the General Assembly setting forth the number of participants in the program, the health services provided, the amount of money paid to providers, and other pertinent information with respect to the administration of the program. (k) All state agencies shall cooperate with the department and its designated agents by providing requested information to assist in the administration of the program.

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(l) The department, through the Department of Administrative Services or any other appropriate entity, may contract for any or all of the following: the collection of premiums, processing of applications, outreach, data services, and evaluation, if such contracting achieves administrative or service cost efficiency. The department, and other state agencies as appropriate, shall provide necessary information to any entity which has contracted with the department for services related to the administration of the program. (m) Nothing in this article shall be interpreted in a manner so as to preclude the department from contracting with licensed health maintenance organizations (HMO) or provider sponsored health care corporations (PSHCC) for coverage of program services and eligible children in a metropolitan statistical area; provided, however, that such contracts shall require payment of premiums and copayments in a manner consistent with this article. The department may not require enrollment in a health maintenance organization (HMO) or provider sponsored health care corporation (PSHCC) as a condition of receiving coverage under the program. (n) There shall be created a separate budget unit `C' and a separate appropriation in the department for the purpose of carrying out the provisions of this article. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. EDUCATIONGRANTS, SCHOLARSHIPS, AND VOUCHERS FOR POSTSECONDARY EDUCATION (HOPE AND PROMISE PROGRAMS); ELIGIBILITY; INELIGIBILITY. Code Title 20 Amended. No. 799 (House Bill No. 1556). AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to amend numeric grade averages required for certain grants and scholarships for students graduating from high school in 2000 or thereafter; to provide criteria for eligibility and ineligibility for HOPE grants, HOPE scholarships, HOPE GED (general educational development

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equivalency diploma) vouchers, HOPE teacher's scholarships, and PROMISE teacher's scholarships; to provide for definitions; to provide for criteria relating to public postsecondary institutions, private postsecondary institutions, public technical institutions, residence, alien status, Selective Service System registration, default on educational loans, and felony offenses relating to marijuana, controlled substances, or dangerous drugs; to provide criteria relating to numeric and grade point average requirements, minimum number of hours of enrollment, maximum number of quarter or semester hours of eligibility, renewal of scholarships or grants, amounts of scholarships or grants, and agreements to teach in a Georgia public school; to provide criteria for HOPE scholarships for persons who graduated from a Georgia high school or accredited high school located in another state, earned a general educational development (GED) equivalency diploma, or completed a home study program; to provide for rule making authority; to ratify certain rules previously adopted; to provide for related matters; to provide for an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 20 of the Official Code of Georgia, relating to education, is amended in Chapter 2, relating to elementary and secondary education, by striking in its entirety subsection (b) of Code Section 20-2-157, relating to a uniform reporting system for certain purposes, and inserting in lieu thereof the following: (b) Each school system shall adopt the following reporting system for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section: (1) A final grade average of at least an 80 numeric average, provided the student meets the college preparatory curriculum requirements; (2) A final grade average of at least an 85 numeric average, if the student meets the career/technical curriculum requirements; (3) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 80 numeric average in their core curriculum subjects, provided that the student meets the college preparatory curriculum requirements; or (4) For students graduating from high school in 2000 or thereafter, a final grade average of at least an 85 numeric average in their core curriculum subjects if the student meets the career/technical curriculum requirements. Only the reporting system as indicated in this subsection shall be used to determine eligibility for all grants, scholarships, or loans to attend colleges or universities which are administered pursuant to Article 7 of

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Chapter 3 of this title and eligibility for enrollment in postsecondary courses pursuant to Code Section 20-2-161.1. SECTION 2 . Said title is further amended in Article 7, relating to scholarships, loans, and grants, by inserting following Part 6 a new Part to be designated Part 7 to read as follows: Part 7 20-3-519. As used in this part, the term: (1) `Academic year' means a period of time, typically nine months, in which a full-time student is expected to complete the equivalent of at least two semester's or three quarters' academic work. (2) `Advanced degree' means a master's degree, specialist's degree, or doctorate in education conferred by an approved postsecondary institution upon completion of a unified program of study at the graduate level. (3) `Approved teacher education program' means a program offered by a public or private postsecondary institution which program has been approved by the Georgia Professional Standards Commission. (4) `Certificate' or `diploma' means a credential, other than a degree, indicating satisfactory completion of training in a program of study offered by an eligible public postsecondary institution. (5) `Critical shortage field' means an area of study or an area of specialized expertise for which a shortage of qualified teachers or educators exists in Georgia, designated as such by the Georgia Student Finance Commission. (6) `Eligible high school' means a public or private secondary school which is: (A) Located in Georgia and accredited as such by: (i) The Southern Association of Colleges and Schools; (ii) The Georgia Accrediting Commission; (iii) The Georgia Association of Christian Schools; or (iv) The Association of Christian Schools International; or (B) Located in another state and accredited by one of the following regional agencies: (i) The Southern Association of Colleges and Schools;

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(ii) The New England Association of Schools and Colleges; (iii) The Middle States Association of Colleges and Schools; (iv) The North Central Association of Colleges and Schools; (v) The Northwestern Association of Schools and Colleges; or (vi) The Western Association of Schools and Colleges. (7) `Eligible postsecondary institution' means a school which is: (A) A unit of the University System of Georgia; (B) A branch of the Georgia Department of Technical and Adult Education or an affiliated institution which is controlled by a local board of education; (C) A private independent nonprofit postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (A) of subsection (2) of Code Section 20-3-411; (D) A private proprietary postsecondary institution eligible for tuition equalization grants in accordance with the provisions of subparagraph (C) of subsection (2) of Code Section 20-3-411. (8) `Eligible private postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph (C) of paragraph (7) of this Code section. (9) `Eligible public postsecondary institution' means an eligible postsecondary institution which meets the criteria set out in subparagraph (A) or (B) of paragraph (7) of this Code section. (10) `Freshman student' means a student at a postsecondary institution who has attempted less than 46 quarter hours or less than 31 semester hours. (11) `Full-time student' means a matriculated student attending a postsecondary educational institution and enrolled for the equivalent of at least 12 quarter or semester hours. (12) `Grade point average' means the numbered grade average calculated using a 4.0 scale. (13) `HOPE grant' means a Helping Outstanding Pupils Educationally grant for education awarded in accordance with Code Section 20-3-519.4 or 20-3-519.5. (14) `HOPE scholarship' means a Helping Outstanding Pupils Educationally scholarship for education awarded in accordance with Code Sections 20-3-519.2 or 20-3-519.3.

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(15) 'HOPE teacher's scholarship' means a Helping Outstanding Pupils Educationally scholarship for education awarded in accordance with Code Section 20-3-519.8. (16) `HOPE GED voucher' means a Helping Outstanding Pupils Educationally general educational development (GED) equivalency diploma voucher for postsecondary education awarded in accordance with Code Section 20-3-519.6. (17) `Junior student' means a student at a postsecondary institution who has attempted at least 91 quarter hours but less than 136 quarter hours or at least 61 semester hours but less than 91 semester hours. (18) 'Mandatory fees' means fees approved by the Georgia Student Finance Commission that are charged by a postsecondary institution to every student enrolled in that institution, regardless of the student's program of study. (19) `Matriculated status' means being recognized as a student in a defined program of study leading to a degree, diploma, or certificate at a postsecondary institution. (20) 'PROMISE teacher's scholarship' means a scholarship awarded in accordance with Code Section 20-3-519.7. (21) `Quarter hours' includes each quarter hour attempted, whether remedial or for credit toward a degree, but shall not include any quarter hour attempted or completed before graduating from high school or earning a general educational development (GED) equivalency diploma. (22) `Semester hours' includes each semester hour attempted, whether remedial or for credit toward a degree, but shall not include any semester hour attempted before graduating from high school or earning a general educational development (GED) equivalency diploma. (23) `Senior student' means a student at a postsecondary institution who has attempted at least 136 quarter hours but less than 191 quarter hours or at least 91 semester hours but less than 128 semester hours. (24) `Sophomore student' means a student at a postsecondary institution who has attempted at least 46 quarter hours but less than 91 quarter hours or at least 31 semester hours but less than 61 semester hours. (25) `Title IV' means Title IV of the Higher Education Act of 1965, as amended, 20 U.S.C.A. Sec. 1070, et seq. 20-3-519.1. A student is ineligible for any scholarship or grant described in this part if the student:

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(1) Is not a United States citizen or a permanent resident alien who meets the definition of an eligible noncitizen under federal Title IV requirements; (2) Has not complied with United States Selective Service System requirements for registration, if such requirements are applicable to the student; (3) Is in default on a federal Title IV educational loan or a State of Georgia educational loan, provided that a student who is otherwise eligible and has fully repaid the defaulted loan will be eligible to obtain a scholarship or grant for future academic terms but not retroactively; (4) Owes a refund on a federal Title IV student financial aid program or a Georgia student financial aid program, provided that a student who is otherwise eligible and has fully paid the refund owed will be eligible to obtain a scholarship or grant for future academic terms but not retroactively; (5) Has been convicted of a felony offense involving marijuana, a controlled substance, or a dangerous drug as set out in Code Section 20-1-23 or 20-1-24 of `The Drug-Free Postsecondary Education Act of 1990,' provided that such ineligibility extends from the date of conviction to the completion of the next academic term; (6) Is incarcerated; or (7) Does not meet each qualification listed in the Code section relating to the relevant scholarship or grant and applicable to the student. 20-3-519.2. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1993 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or

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(B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) equivalency diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title

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IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at a public postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; (2) Meet achievement standards by meeting the following criteria: (A) Meeting all achievement standards for HOPE eligibility in his or her junior year;

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(B) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (C) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree. (e) A student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter or 30 semester hours without a HOPE scholarship. An otherwise eligible student who regains a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. (f) For students eligible for a HOPE scholarship under this Code section, no minimum number of hours of enrollment is required. (g) (1) Except as set out in paragraph (2) of this subsection, a student may receive the HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive the HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a 3.0 cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (h) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code

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section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester. 20-3-519.3. (a) To be eligible for a HOPE scholarship, an entering freshman student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by: (A) Having graduated from an eligible high school while meeting the curriculum requirements of his or her program of study in 1996 or thereafter and meeting the requirements set out in the applicable paragraph of subsection (b) of Code Section 20-2-157; or (B) In the case of a student who is otherwise qualified but: (i) Did not graduate from high school or complete a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received the general educational development (GED) equivalency diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993; (ii) Completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690 in lieu of graduating from an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; or (iii) Graduated from a high school which is not an eligible high school, earning a cumulative grade point average of at least 3.0 at an eligible public postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive HOPE scholarship for such student's freshman year to be paid at the end of the freshman year; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status; and

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(B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institution's drop and add period. (b) To be eligible for a HOPE scholarship, a sophomore student seeking an associate or baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission; (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institution's drop and add period. (c) To be eligible for a HOPE scholarship, a junior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission. (2) Meet achievement standards by meeting the following criteria: (A) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in

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which the student has attempted 90 quarter hours or 60 semester hours; and (B) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or provided that in the case of an otherwise eligible student who is classified as a professional level student rather than an undergraduate student, have been accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institution's drop and add period. (d) To be eligible for a HOPE scholarship, a senior student seeking a baccalaureate degree at an eligible private postsecondary institution shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program regulations promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education. (2) Meet achievement standards by meeting the following criteria: (A) Having met all achievement standards for HOPE eligibility in his or her junior year; (B) Earning a cumulative grade point average of at least 3.0 at a postsecondary institution at the end of the quarter or semester in which the student has attempted 135 quarter hours or 90 semester hours; and (C) Maintaining satisfactory academic progress in a course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; and (3) Meet enrollment standards by: (A) Being admitted, enrolled, and classified as an undergraduate student in a matriculated status or, in the case of an otherwise eligible student who is classified as a professional level student

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rather than an undergraduate student, being accepted into the professional level program of study prior to receiving a baccalaureate degree; and (B) Being registered for and attending classes as a full-time student for 14 days or more after the last day of the institution's drop and add period. (e) An otherwise eligible student who fails to maintain a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours may attend the next 45 quarter hours or 30 semester hours without a HOPE scholarship. A student who regains a cumulative grade point average of at least 3.0 at end of the quarter or semester in which the student has attempted 90 quarter hours or 60 semester hours may requalify for a HOPE scholarship. (f) (1) Except as set out in paragraph (2) of this subsection, a student may receive a HOPE scholarship until the first of these events: (A) The student has earned a baccalaureate degree; or (B) The student has attempted at any postsecondary institution a total of 190 quarter hours or 127 semester hours. (2) A student enrolled in an undergraduate degree program designed to be more than 190 quarter hours or 127 semester hours in length is eligible to receive a HOPE scholarship for the lesser of: (A) A total of 225 attempted quarter hours or 150 attempted semester hours; or (B) The number of hours required for graduation if the student has a cumulative grade point average of at least 3.0 after the term in which the student attempted 190 quarter hours or 127 semester hours. (g) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE scholarship awarded under this Code section shall be not less than $3,000.00 for any academic year. 20-3-519.4. (a) An eligible student attending an eligible private postsecondary institution and receiving a HOPE grant during the 1995-1996 academic year under the terms and conditions of eligibility effective for students of eligible private postsecondary institutions during such term will be eligible to continue receiving HOPE grant funds under the same terms and conditions until the earlier of the following: (1) The end of the spring term of 1999; or

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(2) Graduation. (b) A student who received the HOPE grant at a private postsecondary institution for at least one semester or quarter beginning with the summer term of 1995 through the spring term of 1997 is not eligible for the HOPE scholarship at an eligible postsecondary institution until a quarter or semester beginning with or after the summer term of 1999. 20-3-519.5. (a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Georgia Department of Technical and Adult Education or a unit of the University System of Georgia shall: (1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia as established by the program promulgated by the Georgia Student Finance Commission which shall be based upon the in-state tuition policy of the board of regents and the in-state tuition guidelines set by the Department of Technical and Adult Education; and (2) Meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled. (b) There is no minimum number of hours of enrollment required for eligibility for a HOPE grant under this Code section. (c) An eligible student may receive HOPE grants for all course work required by the institution for two programs of study leading to a certificate or diploma, including remedial or developmental studies. Such a student may change his or her program of study twice. (d) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE grant awarded under this Code section shall include tuition, approved mandatory fees, and a book allowance not to exceed $100.00 per quarter or $150.00 per semester. 20-3-519.6. (a) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a HOPE GED voucher in the amount of $500.00 shall be awarded once to each student receiving a general educational development (GED) equivalency diploma awarded by the Georgia Department of Technical and Adult Education after June 30, 1993, shall be valid at any eligible postsecondary institution in Georgia for 24 months from the date of issuance.

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(b) An otherwise eligible student receiving a HOPE GED voucher under this Code section is eligible for a HOPE scholarship as a sophomore, junior, or senior student. 20-3-519.7. (a) To be eligible for a PROMISE teacher's scholarship, a student seeking a bachelor's degree in teacher education shall: (1) Be admitted, enrolled, and classified as an undergraduate student in a matriculated status at an eligible postsecondary institution maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled; (2) For a student in the junior year, have earned a minimum overall cumulative 3.6 grade average in a postsecondary institution at the beginning of the first term for which scholarship aid is requested and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; or (3) For a student in the senior year, have received the PROMISE teacher's scholarship in his or her junior year, and be maintaining satisfactory academic progress in his or her course of study in accordance with the standards and practices used for federal Title IV programs by the postsecondary institution in which the student is enrolled; (4) Be accepted for enrollment into an approved teacher education program in Georgia leading to initial certification; (5) Not yet have obtained a baccalaureate degree; and (6) Agree to teach in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled. (b) A student who terminates enrollment at an eligible institution or who is otherwise dropped from enrollment by an eligible institution will not be eligible to continue receiving a PROMISE teacher's scholarship. (c) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve account in Code Section 50-27-13, a PROMISE teacher's scholarship shall not exceed a total of $6,000.00 for the junior and senior years. 20-3-519.8.

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(a) To be eligible for a HOPE teacher's scholarship, a student shall: (1) Meet the residency requirements by: (A) In the case of a student attending a unit of the University System of Georgia, meeting the requirements to be eligible for in-state tuition under the policy set by the board of regents; or (B) In the case of a student attending an eligible private postsecondary institution, being classified as a legal resident of Georgia for the purposes of a tuition equalization grant; (2) Be admitted into graduate school and into an advanced degree or approved teacher education program in a critical shortage field of study leading to certification; (3) Be one of the following: (A) A teacher working in a public or private accredited school in Georgia who has a baccalaureate degree and is seeking an advanced degree in his or her current field which is a critical shortage field or in a new critical shortage field; (B) An individual with a baccalaureate degree who is seeking an advanced degree in a critical shortage field; (C) An individual with a master's degree in a critical shortage field who is seeking certification as a specialist or a doctorate in his or her current critical shortage field; (D) An individual with a master's degree in a field which is not a critical shortage field who is seeking an advanced degree in a critical shortage field; (E) An individual who has certification as a specialist in a critical shortage field who is seeking a doctorate in his or her current critical shortage field; or (F) A teacher working in a public or private accredited school in Georgia who is seeking to complete an approved program in a critical shortage field for which degree programs are not generally offered; and (4) Agree to teach in his or her critical shortage field in a public school in Georgia at the preschool, elementary, middle, or secondary level for one academic year for each $2,500.00 in HOPE teacher scholarship funds awarded and sign a primissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled. (b) (1) Except as otherwise provided in paragraphs (2) and (3) of this subsection, for students eligible for a HOPE teacher's scholarship, no

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minimum number of hours of enrollment is required for eligibility for a HOPE teacher's scholarship. (2) The program of study a student is attempting shall be completed within five years, beginning with the first term for which scholarship funds are awarded. (3) A student's eligibility for a HOPE teacher's scholarship expires if the student has a break in enrollment at an eligible institution of more than 12 months. (c) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve account in Code Section 50-27-13, a HOPE teacher's scholarship award amount for a student shall not exceed $10,000.00 for the student's program of study. 20-3-519.9. An individual who meets any of the following criteria is ineligible for the HOPE teacher's scholarship: (1) Holding an advanced degree in a critical shortage field and seeking an advanced degree in a new critical shortage field; (2) Holding a doctorate recognized by the Georgia Professional Standards Commission as Level 7; or (3) Being ineligible for teacher certification by action of the Georgia Professional Standards Commission. 20-3-519.10. A HOPE scholarship and a HOPE grant may be applied only to tuition and mandatory fees not covered by any Pell grant or other federal grant. 20-3-519.11. (a) The Georgia Student Finance Commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this part relating to grants and scholarships described in this part. (b) Notwithstanding any provision of this part, the Georgia Student Finance Commission is authorized to promulgate rules and regulations restricting eligibility for the scholarships and grants described in this part or reducing the dollar amount of scholarships and grants described in this part in accordance with the provisions of Code Section 50-27-13. (c) The funding for the scholarships and grants described in this part shall be subject to annual appropriations enacted by the General Assembly which shall establish the total amount of funding for such scholarships and grants. SECTION 3 . All rules and regulations previously adopted by the Georgia Student Finance Commission which pertain to HOPE grants, HOPE scholarships,

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HOPE GED vouchers, HOPE teacher's scholarships, and PROMISE teacher's scholarships are hereby ratified to the extent not inconsistent with this Act. SECTION 4 . This Act shall become effective July 1, 1998, and shall apply to scholarships and grants for the academic year beginning with the fall quarter or semester of 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. COMMERCE AND TRADETELEPHONE DIRECTORY LISTINGS FOR NONLOCAL BUSINESSES; TELEMARKETING PRACTICES. Code Title 10 Amended. Code Section 16-8-12 Amended. No. 800 (House Bill No. 1420). AN ACT To amend Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, so as to provide that it shall be unlawful for any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outsid[UNK]e the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business; to define a certain term; to make unlawful certain practices relating to telemarketing transactions; to provide for civil and criminal penalties, including penalties for a felony offense; to provide for vicarious liability under certain circumstances; to define certain terms; to make unlawful certain telemarketing practices relating to the sale of securities and the solicitation of charitable contributions; to amend Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating 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 . Title 10 of the Official Code of Georgia Annotated, relating to commerce and trade, is amended in Code Section 10-1-393, relating to unfair or

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deceptive practices in consumer transactions, by striking paragraph (4) of subsection (b) of said Code section and inserting in its place the following: (4) (A) Using deceptive representations or designations of geographic origin in connection with goods or services. Without limiting the generality of the foregoing, it is specifically declared to be unlawful: (i) For any nonlocal business to publish in any local telephone classified advertising directory any advertisement containing a local telephone number for the business unless the advertisement clearly states the nonlocal location of the business; or (ii) For any nonlocal business to cause to be listed in any nonclassified advertising local telephone directory a local telephone number for the business if calls to the number are routinely forwarded or otherwise transferred to the nonlocal business location that is outside the calling area covered by such local telephone directory and the listing fails to state clearly the principal place of business of the nonlocal business. (B) For purposes of this paragraph, the term: (i) `Local' or `local area' refers to the area in which any particular telephone directory is distributed free of charge to some or all telephone service subscribers. (ii) `Local telephone classified advertising directory' refers to any telephone classified advertising directory which is distributed free of charge to some or all telephone subscribers in any area of the state and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. (iii) `Local telephone number' refers to any telephone number which is not clearly identifiable as a long-distance telephone number and which has a three-number prefix typically used by the local telephone service company for telephones physically located within the local area. (iv) `Nonclassified advertising local telephone directory' refers to any telephone directory which is distributed free of charge to some or all telephone subscribers in any area of the state and which does not contain classified advertising and includes such directories distributed by telephone service companies as well as such directories distributed by other parties. (v) `Nonlocal business' refers to any business which does not have within the local area a physical place of business providing the goods or services which are the subject of the advertisement or listing in question;.

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SECTION 2 . Said title is further amended in Part 2 of Article 15 of Chapter 1, the Fair Business Practices Act of 1975, by adding a new Code section, to be designated as Code Section 10-1-393.6, to read as follows: 10-1-393.6. (a) For purposes of this Code section, the term `telemarketing' shall have the same meaning which it has under Code Section 10-1-393.5. (b) Without otherwise limiting the definition of unfair or deceptive acts or practices under this part and without limiting any other Code section under this part, it shall be unlawful for any person to: (1) In connection with a telemarketing transaction, request a fee in advance to remove derogatory information from or improve a person's credit history or credit record; (2) Request or receive payment in advance from a person to recover, or otherwise aid in the return of, money or any other item lost by the consumer in a prior telemarketing transaction; provided, however, that this paragraph shall not apply to goods or services provided to a person by a licensed attorney; or (3) In connection with a telemarketing transaction, procure the services of any professional delivery, courier, or other pickup service to obtain immediate receipt or possession of a consumer's payment, unless the goods are delivered with the opportunity to inspect before any payment is collected. (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. SECTION 3 . Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-2, relating to definitions, and inserting in lieu thereof a new Code Section 10-5B-2 to read as follows: 10-5B-2. (a) As used in this chapter, the term:

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(1) `Charitable contribution' means the promise or grant of any money or property of any kind or value to be used for any charitable purpose, as that term is defined in Code Section 43-17-2. (2) `Control,' `controlling,' `controlled by,' or `under common control with' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise. (3) 'Executive officer' means the chief executive officer, the president, the principal financial officer, the principal operating officer, each vice president with responsibility involving policy-making functions for a significant aspect of a person's business, the secretary, the treasurer, or any other person performing similar functions with respect to any organization, whether incorporated or unincorporated. (4) `Person' means an individual, a corporation, a partnership, a limited liability company, an association, a joint-stock company, a trust, or any unincorporated organization. (5) `Secretary of State' means the Secretary of State of the State of Georgia. (6) `Telephone soliciting business' means a sole proprietorship, partnership, limited liability company, corporation, or other association of individuals engaged in a common effort to solicit sales regulated under this chapter. (7) `Telephone solicitor' or `solicitor' means a person, partnership, limited liability company, corporation, or other entity that makes or places telephone calls for the purpose of selling or solicitation of sales as defined in paragraph (8) of this subsection over the telephone, whether the call originates in the State of Georgia or is received in the State of Georgia. (8) `Telephonic sale,' `sell telephonically,' `telephonic selling,' `telephonic offer for sale,' or `telephonic solicitation of sale,' and `telemarketing' means a sale or solicitation of goods or services, a sale or offer to sell a security as defined in paragraph (26) of subsection (a) of Code Section 10-5-2, or a solicitation of a charitable contribution, in which: (A) The seller solicits the sale or charitable sale or contribution over the telephone; (B) The purchaser's agreement to purchase or contribute is made over the telephone; and (C) In the case of a sale of goods or services only, the purchaser, over the telephone, pays for or agrees to commit to payment for

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goods or services prior to or upon receipt by the purchaser of the goods and services. (b) The rules of statutory construction contained in Chapter 3 of Title 1 shall apply to the interpretation of this chapter. SECTION 4 . Said title is further amended in Chapter 5B, relating to deceptive, fraudulent, or abusive telemarketing, by striking in its entirety Code Section 10-5B-4, relating to required and prohibited telephone conduct and activities, and inserting in lieu thereof a new Code Section 10-5B-4, to read as follows: 10-5B-4. (a) It shall be unlawful for any person who is jurisdictionally subject to the provisions of Chapter 5 of this title, the `Georgia Securities Act of 1973'; the provisions of Chapter 5A of this title, relating to commodities and commodity contracts and options; the provisions of Chapter 14 of Title 43, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors; or the provisions of Chapter 17 of Title 43, the `Georgia Charitable Solicitations Act of 1988,' and who makes any telephonic offer to sell or telephonic sale in this state: (1) To fail to identify the business initiating the call; (2) To violate any rule, regulation, or order promulgated or issued by the Secretary of State under this chapter; (3) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to employ a device, scheme, or artifice to defraud; (4) In connection with a telephonic sale, selling telephonically, or telephonic solicitation of sale in or from this state, to engage in an act, practice, or course of business that operates or would operate as a fraud or deceit upon a person; (5) Knowingly to cause to be made, in any document filed with the Secretary of State or in any proceeding under this chapter, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect; or (6) In connection with a telephonic solicitation of a monetary charitable contribution, to use the services of any person as a courier or otherwise to obtain personally receipt or possession of a monetary contribution from a residence. (b) Every person who directly or indirectly controls a person culpable under subsection (a) of this Code section, every general partner,

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executive officer, or director of such person culpable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every telephone soliciting business or telephone solicitor who participates in any material way in the sale or solicitation of sale is culpable to the same extent as the person whose culpability arises under subsection (a) of this Code section unless the person whose culpability arises under this subsection sustains the burden of proof that he or she did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which culpability is alleged to exist. SECTION 5 . Code Section 16-8-12 of the Official Code of Georgia Annotated, relating to criminal penalties for violating 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) 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 in violation of subsection (b) of Code Section 10-1-393.6 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 6 . This Act shall become effective on July 1, 1998, and shall apply to acts and offenses committed on or after said date. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998.

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INSURANCEHEALTH; CHILDREN'S CANCER TREATMENT; COVERAGE OF CERTAIN COSTS FOR CLINICAL TRIALS. Code Section 33-24-59.1 Enacted. No. 801 (Senate Bill No. 603). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, so as to prohibit exclusion of coverage of certain routine patient care costs for dependent children of insureds enrolled in approved clinical trial programs for treatment of children's cancer; to define certain terms; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relating to insurance, is amended by adding a new Code Section 33-24-59.1 to read as follows: 33-24-59.1. (a) As used in this Code section, the term: (1) `Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual accident and sickness insurance policy or contract, as defined in Chapter 29. of this title; (B) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (C) An individual or group contract of the type issued by a nonprofit hospital service corporation established under Chapter 19 of this title; (D) An individual or group contract of the type issued by a health care plan established under Chapter 20 of this title; (E) An individual or group contract of the type issued by a nonprofit medical service corporation established under Chapter 18 of this title; (F) An individual or group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; (G) An individual or group contract of the type issued by a fraternal benefit society; or

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(H) Any similar individual or group accident and sickness benefit plan, policy, or contract. (2) `Approved clinical trial program for treatment of children's cancer' means a Phase II and III prescription drug clinical trial program in this state, as approved by the federal Food and Drug Administration or the National Cancer Institute for the treatment of cancer that generally first manifests itself in children under the age of 19 and that: (A) (i) Tests new therapies, regimens, or combinations thereof against standard therapies or regimens for the treatment of cancer in children; (ii) Introduces a new therapy or regimen to treat recurrent cancer in children; or (iii) Seeks to discover new therapies or regimens for the treatment of cancer in children which are more cost effective than standard therapies or regimens; and (B) Has been certified by and utilizes the standards for acceptable protocols established by the: (i) Pediatric Oncology Group; (ii) Children's Cancer Group; or (iii) Commissioner as he or she may otherwise define such term by rule and regulation after due notice, any required hearing, and compliance with any other requirements of applicable law, but only providing for such definition in a manner at least as restrictive as that established in this Code section. (3) `Routine patient care costs' means those medically necessary costs of blood tests, X-rays, bone scans, magnetic resonance images, patient visits, hospital stays, or other similar costs generally incurred by the insured party in connection with the provision of goods, services, or benefits to dependent children under an approved clinical trial program for treatment of children's cancer which otherwise would be covered under the major medical accident and sickness insurance benefit plan, policy, or contract if such medically necessary costs were not incurred in connection with an approved clinical trial program for treatment of children's cancer. Routine patient care costs specifically shall not include the costs of any clinical trial therapies, regimens, or combinations thereof, any drugs or pharmaceuticals, any costs associated with the provision of any goods, services, or benefits to dependent children which generally are furnished without charge in connection with such an approved clinical trial program for treatment of children's cancer, any additional costs associated with the provision of any goods, services, or benefits which previously have been provided

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to the dependent child, paid for, or reimbursed, or any other similar costs. It is specifically the intent of this Code section not to relieve the sponsor of a clinical trial program of financial responsibility for accepted costs of such program. (4) `State health plan' means any health insurance plan established for employees of the state under Article 1 of Chapter 18 of Title 45 or Chapter 4 of Title 49 to provide health care services to state employees and indigents. (b) On and after July 1, 1998, any state health plan or any accident and sickness insurance benefit plan, policy, or contract, by whatever name called, that provides major medical coverage for dependent children and which is issued, delivered, issued for delivery, or renewed in this state on or after July 1, 1998, shall provide coverage for routine patient care costs incurred in connection with the provision of goods, services, and benefits to such dependent children in connection with approved clinical trial programs for the treatment of children's cancer with respect to those dependent children who: (1) Are covered dependents under a state health plan or under the major medical coverage of an accident and sickness insurance plan, policy, or contract; (2) Have been diagnosed with cancer prior to their nineteenth birthday; (3) Are enrolled in an approved clinical trial program for treatment of children's cancer; and (4) Are not otherwise eligible for benefits, payments, or reimbursements from any other third party payors or other similar sources. (c) For purposes of this Code section, any exclusions, reductions, or limitations as to coverages or any cost-sharing arrangements provided for in a state health plan or in an accident and sickness insurance benefit plan, policy, or contract which provides major medical coverage for dependent children and which applies to any benefits, payments, or reimbursements for routine patient care provided to dependent children in connection with generally recognized therapies or regimens for the treatment of children's cancer shall also apply to such benefits, payments, or reimbursements for any dependent child who is enrolled in an approved clinical trial program for treatment of children's cancer. (d) Except as provided in subsections (b) and (c) of this Code section, nothing in this Code section shall be construed to: (1) Prohibit a state health plan or an insurer, nonprofit corporation, health care plan, health maintenance organization, fraternal benefit society, or other person from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which

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has benefits that are greater than the minimum benefits required by this Code section or from issuing or continuing to issue any accident and sickness insurance plan, policy, or contract which provides benefits which are generally more favorable to the insured than those required by this Code section; or (2) Change the contractual relations between any insurer, nonprofit corporation, health care plan, health maintenance organization, fraternal benefit society, or other similar person and their insureds or covered dependents by whatever name called. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. COURTSJUVENILE PROCEEDINGS; DEPRIVATION CASES; APPOINTMENT OF COUNSEL OR SPECIAL ADVOCATE. Code Section 15-11-55 Amended. No. 802 (House Bill No. 1288). AN ACT To amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to provide for appointment of counsel or a court appointed special advocate as guardian ad litem for a minor in deprivation cases; to provide a definition; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, is amended by striking in its entirety Code Section 15-11-55, relating to appointment of a guardian ad litem, and inserting in its place the following: 15-11-55. (a) As used in this Code section, the term `court appointed special advocate' means a volunteer who has been screened and trained regarding deprivation, child development, and juvenile court procedures and has been appointed as a guardian ad litem by the court in a deprivation case. (b) The court at any stage of a proceeding under this article, on application of a party or on its own motion, shall appoint a guardian ad

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litem for a child who is a party to the proceeding if the child has no parent, guardian, or custodian appearing on the child's behalf or if the interests of the parent, guardian, or custodian appearing on the child's behalf conflict with the child's interests or in any other case in which the interests of the child require a guardian. A party to the proceeding or the employee or representative of a party to the proceeding shall not be appointed. In deprivation cases, an attorney or court appointed special advocate, or both, may be appointed as the child's guardian ad litem. SECTION 2 . This Act shall become effective on July 1, 1998, and shall be applicable to cases filed on or after such date. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. COURTSJUVENILE PROCEEDINGS; JUDGES TRAINING SEMINARS. Code Title 15, Chapter 11, Article 1 Amended. No. 803 (House Bill No. 1290). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for transfer of juvenile proceedings before or after a disposition order in certain circumstances; to correct a cross-reference; to expand the circumstances when the court is authorized to order counseling or counsel and advice; to provide for payment of actual expenses of judges or associate judges attending training seminars; to provide that associate juvenile court judges shall sign court orders rather than findings and recommendations for disposition; to provide for rehearing by the judge in certain circumstances; to change a provision relating to when the name of a juvenile is released; to change a provision relating to keeping records; to delete the authority of associate juvenile court judges to perform marriage ceremonies; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (a) of Code Section 15-11-15, relating to venue, and inserting in its place the following:

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(a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced; provided, however, that for the convenience of the parties and witnesses, the court may transfer the proceeding to the county in which the child resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit. SECTION 2 . Said article is further amended by striking in its entirety Code Section 15-11-36.1, relating to court orders for counseling or counsel and advice, and inserting in lieu thereof the following: 15-11-36.1. When any child is before a juvenile court and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 15-11-49, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of deprivation, or other conduct or conditions which would be harmful to the child or society. SECTION 3 . Said article is further amended by inserting a new Code section to be designated Code Section 15-11-41.1 to read as follows: 15-11-41.1. Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer

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jurisdiction to the juvenile court of the residence of the parent or parents to whom reunification is directed. Said transferring court shall provide the receiving court within 30 days of the filing of the transfer order with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and such other court documents deemed necessary by the sending court to enable the receiving court to assume jurisdiction over the matter. Compliance with this Code section shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court. SECTION 4 . Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, is amended by striking in its entirety subsection (c) of Code Section 15-11-4.1, relating to training seminars for judges, and inserting in its place the following: (c) Expenses of administration of this seminar program and actual expenses incurred by the judges or associate juvenile court judges in attending these seminars shall be paid from state funds appropriated for the council for that purpose, from federal funds available to the council for that purpose, or from other appropriate sources. These expenses for judges and associate juvenile court judges shall not exceed the allowances allowed members of the General Assembly. SECTION 5 . Said article is further amended by striking in their entirety subsections (d), (e), (f), (g), and (h) of Code Section 15-11-10, relating to associate juvenile court judges, and inserting in their place the following: (d) Upon the conclusion of a hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. A copy of the order shall be given to the parties to the proceedings. (e) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving a copy of the order of the associate juvenile court judge. SECTION 6 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety subsection (f) of Code Section 15-11-60, relating to occasions for fingerprinting or photographing juveniles, fingerprint files, and publication of names and pictures of juveniles, and inserting in its place the following:

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(f) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as otherwise provided in paragraph (2) of this subsection or as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court or his or her designee to release the name of any child with regard to whom a petition has been filed alleging the child committed a designated felony act or alleging the child committed a delinquent act if the child has previously been adjudicated delinquent or if the child has previously been before the court on a delinquency charge and adjudication was withheld. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child. SECTION 7 . Said article is further amended by striking in its entirety subsection (c) of Code Section 15-11-65, relating to the juvenile court as a court of inquiry and record, records, and warrants, and inserting in lieu thereof the following: (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 in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section 50-18-92. 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 8 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998.

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CRIMES AND OFFENSESFIREARMS POSSESSION RESTRICTIONS AND EXEMPTIONS FOR CERTAIN LAW ENFORCEMENT OFFICERS, JUDGES, AND DISTRICT ATTORNEYS; CRIMINAL PENALTIES FOR DESTROYING OR INJURING SEARCH AND RESCUE DOGS. Code Sections 16-11-107 and 16-11-130 Amended. No. 804 (House Bill No. 1425). AN ACT To amend Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the possession of firearms, so as to provide that peace officers certified by jurisdictions outside of the state shall be exempt from restrictions on possessing firearms; to exempt full-time municipal and city court judges from said restrictions; to amend Code Section 16-11-107 of the Official Code of Georgia Annotated, providing criminal penalties for destroying or injuring police dogs or police horses, so as to change the provisions relating to definitions so as to include search and rescue dogs; to provide for a short title; to provide that district attorneys emeritus shall be exempt from restrictions on possessing firearms; to provide an exemption for members and retired members of the Georgia State Patrol and agents and retired agents of the Georgia Bureau of Investigation; to provide an exemption for certain law enforcement chief executives, retired law enforcement chief executives, police officers, and retired police officers; to change certain provisions relating to carrying a pistol or revolver on or off duty; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 16-11-130 of the Official Code of Georgia Annotated, relating to exemptions from certain statutes relating to the possession of firearms, is amended by striking in its entirety paragraphs (1) and (12) of subsection (a) and inserting in lieu thereof the following: (1) Peace officers, as such term is defined in paragraph (11) of Code Section 16-1-3, and retired peace officers so long as they remain certified whether employed by the state or a political subdivision of the state or another state or a political subdivision of another state but only if such other state provides a similar privilege for the peace officers of this state; (12) State and federal trial and appellate judges and full-time judges of municipal and city courts. SECTION 1.1 . This section and Section 1.2 of this Act shall be known and may be cited as the Sadie Act.

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SECTION 1.2 . Code Section 16-11-107 of the Official Code of Georgia Annotated, providing criminal penalties for destroying or injuring police dogs or police horses, is amended by striking subsection (a) thereof and inserting in its place a new subsection to read as follows: (a) As used in this Code section, the term: (1) `Accelerant detection dog' means a dog trained to detect hydrocarbon substances. (2) `Bomb detection dog' means a dog trained to locate bombs or explosives by scent. (3) `Firearms detection dog' means a dog trained to locate firearms by scent. (4) `Narcotic detection dog' means a dog trained to locate narcotics by scent. (5) `Narcotics' means any controlled substance as defined in paragraph (4) of Code Section 16-13-21 and shall include marijuana as defined by paragraph (16) of Code Section 16-13-21. (6) `Patrol dog' means a dog trained to protect a peace officer and to apprehend or hold without excessive force a person in violation of the criminal statutes of this state. (7) `Police dog' means a bomb detection dog, a firearms detection dog, a narcotic detection dog, a patrol dog, an accelerant detection dog, or a tracking dog used by a law enforcement agency. `Police dog' also means a search and rescue dog. (8) `Police horse' means a horse trained to transport, carry, or be ridden by a law enforcement officer and used by a law enforcement agency. (8.1) `Search and rescue dog' means any dog that is owned or the services of which are employed by a fire department or the state fire marshal for the principal purpose of aiding in the detection of missing persons, including but not limited to persons who are lost, who are trapped under debris as a result of a natural or manmade disaster, or who are drowning victims. (9) `Tracking dog' means a dog trained to track and find a missing person, escaped inmate, or fleeing felon. SECTION 2 . Said Code section is further amended by striking in its entirety paragraph (5) of subsection (a) and inserting in lieu thereof a new paragraph (5) to read as follows:

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(5) District attorneys, investigators employed by and assigned to a district attorney's office, assistant district attorneys, and district attorneys emeritus;. SECTION 3 . Said Code section is further amended by striking subsection (c) and inserting in its place a new subsection to read as follows: (c) Code Sections 16-11-126 through 16-11-128 shall not apply to or affect any: (1) Sheriff, retired sheriff, deputy sheriff, or retired deputy sheriff if such retired deputy sheriff is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47; (2) Member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation or retired member of the Georgia State Patrol or agent of the Georgia Bureau of Investigation if such retired member or agent is receiving benefits under the Employees' Retirement System; (3) Full-time law enforcement chief executive engaging in the management of a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that is registered or certified by the Peace Officer Standards and Training Council; or retired law enforcement chief executive that formerly managed a county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university law enforcement chief executive that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired law enforcement chief executive is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a county, municipal, State of Georgia, state authority, or federal retirement system; or (4) Police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that is registered or certified by the Peace Officer Standards and Training Council, or retired police officer of any county, municipal, state, state authority, or federal law enforcement agency in the State of Georgia, including any college or university police officer that was registered or certified at the time of his or her retirement by the Peace Officer Standards and Training Council, if such retired employee is receiving benefits under the Peace Officers' Annuity and Benefit Fund provided under Chapter 17 of Title 47 or is retired in good standing and receiving benefits from a

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county, municipal, State of Georgia, state authority, or federal retirement system. In addition, any such sheriff, retired sheriff, deputy sheriff, retired deputy sheriff, active or retired law enforcement chief executive, or other law enforcement officer referred to in this subsection shall be authorized to carry a pistol or revolver on or off duty anywhere within the state and the provisions of Code Sections 16-11-126 through 16-11-128 shall not apply to the carrying of such firearms. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. INSURANCEHEALTH; DIABETES RELATED COVERAGE. Code Section 33-24-59.1 Enacted. No. 806 (Senate Bill No. 55). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to require individual major medical and group health insurance policies, group health plans or policies, and all other forms of managed or capitated care plans or policies to offer insurance coverage for medically necessary diabetes outpatient self-management training and diabetes equipment, supplies, and pharmacologic agents; to provide for enforcement by the Commissioner of Insurance; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by adding at the end thereof a new Code Section 33-24-59.1 to read as follows: 33-24-59.1. (a) On or after July 1, 1998, every individual major medical and group health insurance policy, group health insurance plan or policy, and any other form of managed or capitated care plans or policies shall offer coverage for medically necessary equipment, supplies, pharmacologic agents, and outpatient self-management training and education, including

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medical nutrition therapy, for individuals with insulin-dependent diabetes, insulin-using diabetes, gestational diabetes, and noninsulin-using diabetes as prescribed by a physician licensed to practice medicine pursuant to Title 43. (b) (1) Diabetes outpatient self-management training and education as provided for in subsection (a) of this Code section shall be provided by a certified, registered, or licensed health care professional with expertise in diabetes. (2) The office of the Commissioner of Insurance shall promulgate rules and regulations after consultation with the Department of Human Resources which conform to the current standards for diabetes outpatient self-management training and educational services established by the American Diabetes Association for purposes of this Code section. (c) The benefits provided in this Code section shall be subject to the same annual deductibles or coinsurance established for all other covered benefits within a given policy. (d) Private third-party payors may not reduce or eliminate coverage due to the requirements of this Code section. (e) Enforcement of the provisions of this Code section shall be performed by the Commissioner of Insurance. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. HEALTHDEFIBRILLATORS; USE; RELATED TRAINING; PUBLIC ACCESS; CIVIL IMMUNITY FOR FIRST RESPONDERS. Code Section 31-11-53.1 Amended. No. 807 (Senate Bill No. 566). AN ACT To amend Code Section 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, so as to provide for easier public access to automated external defibrillators; 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 31-11-53.1 of the Official Code of Georgia Annotated, relating to the automatic defibrillator program, is amended by striking in its entirety said Code section and inserting in its place the following:

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31-11-53.1. (a) As used in this Code section, the term: (1) `Automated external defibrillator' means a defibrillator which: (A) Is capable of cardiac rhythm analysis; (B) Will charge and be capable of being activated to deliver a countershock after electrically detecting the presence of certain cardiac dysrhythmias; and (C) Is capable of continuous recording of the cardiac dysrhythmia at the scene with a mechanism for transfer and storage or for printing for review subsequent to use. (2) `Defibrillation' means to terminate ventricular fibrillation. (3) `First responder' means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire suppression agencies, rescue agencies, and others. (b) It is the intent of the General Assembly that an automated external defibrillator may be used by any person for the purpose of saving the life of another person in cardiac arrest. In order to ensure public health and safety: (1) It is recommended that all persons who have access to or use an automated external defibrillator obtain appropriate training as set forth in the Rules and Regulations of the Department of Human Resources Chapter 290-5-30. It is further recommended that such training include at a minimum the successful completion of: (A) A nationally recognized health care provider/professional rescuer level cardiopulmonary resuscitation course; and (B) A department established or approved course which includes demonstrated proficiency in the use of an automated external defibrillator; (2) All persons and agencies possessing and maintaining an automated external defibrillator shall notify the appropriate emergency medical services system of the existence and location of the automated external defibrillator prior to said defibrillator being placed in use; (3) All persons who use an automated external defibrillator shall activate the emergency medical services system as soon as reasonably possible by calling `911' or the appropriate emergency telephone number upon use of the automated external defibrillator; and (4) Within a reasonable period of time, all persons who use an automated external defibrillator shall make available a printed or

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electronically stored report to the licensed emergency medical services provider which transports the patient. (c) All persons who provide instruction to others in the use of the automated external defibrillator shall have completed an instructor course established or approved by the department. (d) The department shall establish an automated external defibrillator program for use by emergency medical technicians. Such program shall be subject to the direct supervision of a medical adviser approved under Code Section 31-11-50. No emergency medical technician shall be authorized to use an automated external defibrillator to defibrillate a person unless that defibrillator is a properly maintained automated external defibrillator and that emergency medical technician: (1) Submits to and has approved by the department an application for such use, and in considering that application the department may obtain and use the recommendation of the local coordinating entity for the health district in which the applicant will use such defibrillator; (2) Successfully completes an automated external defibrillator training program established or approved by the department; (3) Is subject to protocols requiring that both the emergency physician who receives a patient defibrillated by that emergency medical technician and the medical adviser for the defibrillator program review the department required prehospital care report and any other documentation of the defibrillation of any person by that emergency medical technician and send a written report of such review to the district EMS medical director of the health district in which the defibrillation occurred; and (4) Obtains a passing score on an annual automated external defibrillator proficiency exam given in connection with that program. (e) It shall not be necessary for a licensed emergency medical service, licensed neonatal transport service, or other services licensed by the department which provide care administered by cardiac technicians or paramedics to obtain department approval for the use of an automated external defibrillator on licensed vehicles. (f) Any emergency medical technician who violates the provisions of this Code section shall be subject to having revoked by the department that person's authority to use an automated external defibrillator. Such a violation shall also be grounds for any entity which issues a license or certificate authorizing such emergency medical technician to perform emergency medical services to take disciplinary action against such person, including but not limited to suspension or revocation of that license or certificate. Such a violation shall also be grounds for the employer of such emergency medical technician to impose any sanction available thereto, including but not limited to dismissal.

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(g) Any first responder who gratuitously and in good faith renders emergency care or treatment by the use of or provision of an automated external defibrillator, without objection of the injured victim or victims thereof, shall not be held liable for any civil damages as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment where the person acts without gross negligence or intent to harm or as an ordinary reasonably prudent person would have acted under the same or similar circumstances, even if such individual does so without benefit of the appropriate training. This provision includes paid persons who extend care or treatment without expectation of remuneration from the patient or victim for receiving the defibrillation care or treatment. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. SOCIAL SERVICESMEDICAL ASSISTANCE; UNLAWFUL ACTS; ABUSE; MEDICAID FRAUD FORFEITURE. Code Sections 49-4-146.1 and 49-4-146.3 Amended. No. 808 (House Bill No. 1440). 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 prevent certain errors from constituting abuse; to change the provisions regarding seizure of property subject to such forfeiture and provide for bonding requirements; to change the provisions relating to inventory of seized property; to change the provisions relating to presumptions and burden of proof; 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 striking subsections (c) and (c.1) of Code Section 49-4-146.1, relating to unlawful acts and penalties, and inserting in their respective places the following: (c) Any person violating paragraph (1) or (2) of subsection (b) of this Code section shall be guilty of a felony and, upon conviction thereof,

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shall be punished for each offense by a fine of not more than $10,000.00, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. In any prosecution under this Code section, the state has the burden of proving beyond a reasonable doubt that the defendant intentionally committed the acts for which he or she is charged. (c.1) (1) Any person committing abuse shall be liable for a civil monetary penalty equal to two times the amount of any excess benefit or payment. This penalty shall be collected on the same terms as a penalty imposed pursuant to subsection (d) of this Code section, except as to the amount specified in items (1) and (2) of that subsection, but shall not be imposed cumulatively with a penalty under such subsection. (2) Abuse is defined as a provider knowingly obtaining or attempting to obtain medical assistance or other benefits or payments under this article to which the provider knows he or she is not entitled when the assistance, benefits, or payments are greater than an amount which would be paid in accordance with those provisions of the department's policies and procedures manual which are adopted pursuant to public notice, and the assistance, benefits, or payments directly or indirectly result in unnecessary costs to the medical assistance program. Isolated instances of unintentional errors in billing, coding, and costs reports shall not constitute abuse. Miscoding shall not constitute abuse if there is a good faith basis that the codes used were appropriate under the department's policies and procedures manual and there was no deceptive intent on the part of the provider. SECTION 2 . Said article is further amended by striking subsections (g), (m), (s), and (y) of Code Section 49-4-146.3, relating to Medicaid fraud forfeiture, and inserting in their respective places the following: (g) (1) 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 superior 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

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ensure the physical safety and well-being of any recipients or patients who may be affected by such warrant and that sufficient steps will be taken to ensure that patient medical records are kept confidential. 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. (2) At the ex parte hearing for the issuance of a search warrant authorizing the seizure of property under paragraph (1) of this subsection, a reasonable estimate of the approximate fair market value of the property sought to be seized shall be presented to the court. Based upon such evidence, the court shall establish a bond amount for the release of any property ordered seized, not to exceed double the fair market value of that property. The property owner or interest holder may file in the clerk's office of the court where the forfeiture action is brought, a bond with good security, conditioned for the payment of the bond amount established by the court. The bond shall be subject to approval by the clerk of the court. Upon receipt of a bond deemed acceptable by the clerk, the court which ordered the seizure of the property shall issue an order to the persons having custody of the seized property to release such property to the property owner or interest holder filing such bond, unless the property is being held as evidence. If the seized property so released is ordered to be forfeited, the state shall be entitled to entry of judgment upon such bond against the principal and sureties therein, as judgment may be entered against securities upon appeal. If the property seized is released pursuant to this paragraph and is later otherwise required to be released under any other provision of this Code section, the principal and sureties upon any bond given for the release of such property under this paragraph shall also be released from their obligations under that bond. (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. All reasonable steps shall be taken so as not to interfere with or disrupt the provision of medical care by the provider when such inventory is conducted. Such inventory shall be conducted in a manner which assures the confidentiality of patient medical records. (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

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pursuant to Article 1 of Chapter 5 of Title 17, together with inferences therefrom; and (2) The fact that the state has established probable cause to believe that a person has engaged in conduct giving rise to forfeiture or that the property was acquired by a person during a period of the conduct giving rise to forfeiture or within a reasonable time thereafter shall not give rise to any presumption, rebuttable or otherwise, that the property is subject to forfeiture. The state shall, at all times, have the burden to prove, by a preponderance of the evidence, that the property is subject to forfeiture under this Code section. (y) In the event the state fails to prove that the property is subject to forfeiture under this Code section, the property 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. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. COURTSPENALTIES IN DUI CASES ALLOCATED TO BRAIN AND SPINAL INJURY TRUST FUND; BRAIN AND SPINAL INJURY TRUST FUND CREATED; DISBURSEMENTS. Code Title 15, Chapter 21, Article 9 Enacted. No. 809 (Senate Bill No. 110). AN ACT To amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and distribution of fines and forfeitures, so as to authorize additional penalty assessments for violations involving driving under the influence of alcohol or drugs and for the allocation of such additional penalties by the Brain and Spinal Injury Trust Fund and provide for the creation of such fund; to provide for definitions; to create the Brain and Spinal Injury Trust Fund Authority; to provide for the membership of such authority; to provide for compensation of such membership; to provide for the powers and duties of the authority; to provide for disbursement of trust fund money; to provide for penalties; to provide for related matters; to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to payment and distribution of fines and forfeitures, is amended by adding at the end thereof a new Article 9 to read as follows: ARTICLE 9 15-21-140. This article is enacted pursuant to Article III, Section IX, Paragraph VI(k) of the Constitution, which provision authorizes additional penalty assessments for violations relating to driving under the influence of alcohol or drugs and provides that the proceeds derived therefrom may be used for the purpose of meeting the costs of care and rehabilitative services for certain citizens of this state with brain or spinal cord injuries. 15-21-141. As used in this article, the term: (1) `Authority' means the Brain and Spinal Injury Trust Fund Authority created in Code Section 15-21-142. (2) `Trust fund' means the Brain and Spinal Injury Trust Fund created by Code Section 15-21-148. 15-21-142. There is established the Brain and Spinal Injury Trust Fund Authority which is assigned to the Department of Human Resources for administrative purposes only, as prescribed in Code Section 50-4-3. 15-21-143. (a) The Brain and Spinal Injury Trust Fund Authority shall consist of 15 members who shall serve for terms of two years, except that with respect to the first members appointed, five members shall be appointed for a term of three years, five for a term of two years, and five for a term of one year. The following agencies may each appoint one member of the authority: (1) The Division of Rehabilitation Services of the Department of Human Resources; (2) The State Board of Education; (3) The Department of Public Safety; and (4) The Department of Medical Assistance. The remaining 11 members of the authority shall be appointed by the Governor, eight of whom shall be citizens who have sustained brain or spinal cord injury or members of such persons' immediate families, no

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more than one of whom shall reside in the same geographic area of the state which constitutes a health district established by the Department of Human Resources. The Governor is authorized but not required to appoint the remaining three members from recommendations submitted by the Private Rehabilitation Suppliers of Georgia, the Georgia Hospital Association and the Brain Injury Association of Georgia. The Governor shall also establish initial terms of office for all 15 members of the board within the limitations of this subsection. (b) In the event of death, resignation, disqualification, or removal for any reason of any member of the authority, the vacancy shall be filled in the same manner as the original appointment and the successor shall serve for the unexpired term. (c) Membership on the authority does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership. (d) The Governor shall designate a chairperson of the authority from among the members, which chairperson shall serve in that position at the pleasure of the Governor. The authority may elect such other officers and committees as it considers appropriate. (e) The authority, with the approval of the Governor, may employ such professional, technical, or clerical personnel as deemed necessary to carry out the purposes of this chapter. 15-21-144. Members of the authority shall serve without compensation but shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the authority is in attendance at a meeting of such authority, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive. Such expense and travel allowance shall be paid in lieu of any per diem, allowance, or other remuneration now received by any such member for such attendance. Expense allowances and other costs authorized in this Code section shall be paid from moneys in the trust fund. 15-21-145. (a) The authority shall do all of the following: (1) Meet at such times and places as it shall determine necessary or convenient to perform its duties. The authority shall also meet on the call of the chairperson or the Governor; (2) Maintain minutes of its meetings;

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(3) Adopt rules and regulations for the transaction of its business; (4) Accept applications for disbursements of available money from the trust fund; (5) Maintain records of all expenditures of the authority, funds received as gifts and donations, and disbursements made from the trust fund; and (6) Conform to the standards and requirements prescribed by the state auditor pursuant to Chapter 6 of Title 50. (b) The authority shall utilize existing state resources and staff of participating departments whenever practicable. 15-21-146. The authority may recommend to the Governor and the General Assembly changes in state programs, statutes, policies, budgets, and standards relating to the care and rehabilitation of persons with brain or spinal cord injuries, improve coordination among state agencies that provide care and rehabilitative services, and improve the condition of citizens who are in need of rehabilitative services. 15-21-147. The authority may accept federal funds granted by Congress or executive order for the purposes of this article as well as gifts and donations from individuals, private organizations, or foundations. The acceptance and use of federal funds does not commit state funds and does not place an obligation upon the General Assembly to continue the purposes for which the federal funds are made available. All funds received in the manner described in this Code section shall be transmitted to the director of the Office of Treasury and Fiscal Services for deposit in the trust fund to be disbursed as other moneys in such trust fund. 15-21-148. (a) There is created the Brain and Spinal Injury Trust Fund as a separate fund in the state treasury. The director of the Office of Treasury and Fiscal Services shall credit to the trust fund all amounts transferred to such fund and shall invest the trust fund moneys in the same manner as authorized for investing other moneys in the state treasury. (b) The authority may authorize the disbursement of available money from the trust fund, after appropriation thereof, for purposes of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries, to a person, entity, or program eligible pursuant to criteria to be set by such authority. 15-21-149.

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(a) In every case in which any state court, superior court, or municipal court in this state shall impose a fine, which shall be construed to include costs, for any violation of Code Section 40-6-391, relating to driving under the influence of alcohol or drugs, or for violations of ordinances of political subdivisions which have adopted by reference Code Section 40-6-391, there shall be imposed as an additional penalty a sum equal to 10 percent of the original fine. (b) Such sums shall be in addition to that amount required by Code Section 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund and in addition to any other amounts provided for in this chapter. 15-21-150. The sums provided for in Code Section 15-21-149 shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and shall be paid over to the Brain and Spinal Injury Trust Fund Authority created in Code Section 15-21-143 by the last day of the month there following, to be deposited into the Brain and Spinal Injury Trust Fund. 15-21-151. Moneys collected as provided for in this article shall be paid over as provided for in this article by the last day of the month following the month in which they are collected. When any person, agency, or unit of government whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 10 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount. 15-21-152. Any person whose duty it is to collect and remit the sums provided for in this article who refuses to so remit shall be guilty of a misdemeanor. SECTION 2 . This Act shall become effective only if an amendment to the Georgia Constitution to create the Brain and Spinal Injury Trust Fund is enacted and is ratified at the general election in 1998, in which event this Act shall become effective on the date such amendment becomes effective. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998.

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WATERS OF THE STATE, PORTS, AND WATERCRAFTWATERCRAFT OPERATION; BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; ZERO TOLERANCE FOR ALCOHOL FOR BOAT OPERATORS UNDER AGE 21; CHILD ENDANGERMENT. Code Section 52-7-12 Amended. Code Sections 52-7-12.5 and 52-7-12.6 Enacted. No. 810 (House Bill No. 1393). AN ACT To amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, so as to enact certain provisions relating to suspension of boating privileges of persons convicted of operating a moving vessel, moving water skis, moving aquaplane, moving surfboard, or personal watercraft while under the influence of alcohol or drugs; to provide for zero tolerance for drugs and alcohol under such circumstances for persons under the age of 21; to provide for a cause of action for child endangerment under such circumstances; to provided for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, is amended by adding at the end of Code Section 52-7-12, relating to operation of vessels, water skis, aquaplanes, and surfboards while under influence of alcohol or drugs, new subsections (j), (k), and (l), to read as follows: (j) In any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of subsection (k) of this Code section, if there was at that time or within three hours after operating, navigating, steering, driving, or being in actual physical control of a moving vessel or personal watercraft from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended an alcohol concentration of 0.02 grams or more in the person's blood, breath, or urine, the person shall be in violation of subsection (k) of this Code section. (k) (1) A person under the age of 21 shall not operate, navigate, steer, drive, or be in actual physical control of any moving vessel, moving water skis, moving aquaplane, moving surfboard or similar moving device, or personal watercraft while the person's alcohol concentration is 0.02 grams or more at any time within three hours after such operating, navigating, steering, driving, or being in actual physical control from alcohol consumed before such operating, navigating, steering, driving, or being in actual physical control ended.

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(2) No plea of nolo contendere shall be accepted for any person under the age of 21 charged with a violation of this Code section. (l) A person who violates this Code section while transporting in a moving vessel or personal watercraft or towing on water skis, an aquaplane, a surfboard or similar device a child under the age of 14 years is guilty of the separate offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs. The offense of endangering a child by operating a moving vessel or personal watercraft under the influence of alcohol or drugs shall not be merged with the offense of operating a vessel under the influence of alcohol or drugs for the purposes of prosecution and sentencing. An offender who is convicted of a violation of this subsection shall be punished in accordance with the provisions of subsection (d) of Code Section 16-12-1, relating to the offense of contributing to the delinquency, unruliness, or deprivation of a child. SECTION 2 . Said title is further amended by adding a new Code Section 52-7-12.5 to read as follows: 52-7-12.5. (a) The test or tests required under Code Section 52-7-12 shall be administered as soon as possible at the request of a law enforcement officer having reasonable grounds to believe that the person has been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 and the officer has arrested such person for a violation of Code Section 52-7-12, any federal law in conformity with Code Section 52-7-12, or any local ordinance which is identical to Code Section 52-7-12 in accordance with Code Section 52-7-21 or the person has been involved in a boating accident resulting in serious injuries or fatalities. Subject to Code Section 52-7-12, the requesting law enforcement officer shall designate which test shall be administered, provided that the officer shall require a breath test or a blood test and may require a urine test. (b) At the time a chemical test or tests are requested, the arresting officer shall select and read to the person the appropriate implied consent warning from the following: (1) Implied consent notice for suspects under age 21: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be

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offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.02 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law? '; or (2) Implied consent notice for suspects age 21 or over: `Georgia law requires you to submit to state administered chemical tests of your blood, breath, urine, or other bodily substances for the purpose of determining if you are under the influence of alcohol or drugs. If you refuse this testing, your privilege to operate a vessel on the waters of this state will be suspended for a minimum period of one year. Your refusal to submit to the required testing may be offered into evidence against you at trial. If you submit to testing, the results of that test or tests may be used against you. If the results of such test or tests indicate an alcohol concentration of 0.10 grams or more or the presence of any illegal drug, your privilege to operate a vessel on the waters of this state may be suspended for a minimum period of one year. After first submitting to the required state tests, you are entitled to additional chemical tests of your blood, breath, urine, or other bodily substances at your own expense and from qualified personnel of your own choosing. Will you submit to the state administered chemical tests of your (designate which tests) under the implied consent law? ' If any such notice is used by a law enforcement officer to advise a person of his or her rights regarding the administration of chemical testing, such person shall be deemed to have been properly advised of his or her rights under this Code section and under Code Section 52-7-12.6 and the results of any chemical test, or the refusal to submit to a test, shall be admitted into evidence against such person. This notice shall be deemed sufficient if such notice read by arresting officer is substantially complied with. (c) Subsection (b) of this Code section shall apply to any case wherein the request for chemical testing is made regarding an offense committed on or after June 1, 1998. Subsection (b) of this Code section shall not apply to any case wherein the request for chemical testing was made regarding an offense committed prior to June 1, 1998, in which case those provisions of former Code Section 52-7-12 governing the admissibility of evidence of results of chemical testing or refusal to submit to

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chemical testing which were in effect at the time the offense was committed shall apply. (d) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities submits to a chemical test upon the request of a law enforcement officer and the test results indicate that a suspension of the privilege of operating a vessel on the waters of this state is required under this Code section, the results shall be reported to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident involving serious injuries or fatalities and that the person submitted to a chemical test at the request of the law enforcement officer and the test results indicate either an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege to operate a vessel upon the waters of this state pursuant to Code Section 52-7-12.6, subject to review as provided for in this Code section. (e) If a person under arrest or a person who was involved in any boating accident resulting in serious injuries or fatalities refuses, upon the request of a law enforcement officer, to submit to a chemical test designated by the law enforcement officer as provided in subsection (a) of this Code section, no test shall be given; but the law enforcement officer shall report the refusal to the department. Upon the receipt of a sworn report of the law enforcement officer that the officer had reasonable grounds to believe the arrested person had been operating or was in actual physical control of a moving vessel upon the waters of this state in violation of Code Section 52-7-12 or that such person had been operating or was in actual physical control of a moving vessel upon the waters of this state and was involved in a boating accident which resulted in serious injuries or fatalities and that the person had refused to submit to the test upon the request of the law enforcement officer, and the vessel being operated was a motorized vessel having ten or more horsepower or was a sailboat more than 12 feet in length, the department shall suspend the person's privilege of operating a vessel on the waters of this state for a period of one year. (f) (1) The law enforcement officer, acting on behalf of the department, shall personally serve the notice of intention to suspend or disqualify the privilege of operating a vessel on the waters of this state of the arrested person or other person refusing such test on such

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person at the time of the person's refusal to submit to a test or at the time at which such a test indicates that suspension or disqualification is required under this Code section. The officer shall forward to the department the notice of intent to suspend and the sworn report required by subsection (d) or (e) of this Code section within ten calendar days after the date of the arrest of such person. The failure of the officer to transmit the sworn report required by this Code section within ten calendar days shall not prevent the department from accepting such report and utilizing it in the suspension of an operator's privilege as provided in this Code section. (2) If notice has not been given by the arresting officer, the department, upon receipt of the sworn report of such officer, shall suspend the person's privilege to operate a vessel and, by regular mail, at the last known address, notify such person of such suspension. The notice shall inform the person of the grounds of suspension, the effective date of the suspension, and the right to review. The notice shall be deemed received three days after mailing. (g) (1) A person whose operator's privilege is suspended pursuant to this Code section shall request, in writing, a hearing within ten business days from the date of personal notice or receipt of notice sent by certified mail, return receipt requested, or the right to said hearing shall be deemed waived. Within 30 days after receiving a written request for a hearing, the department shall hold a hearing as is provided in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' The hearing shall be recorded. (2) The scope of the hearing shall be limited to the following issues: (A) (i) Whether the law enforcement officer had reasonable grounds to believe the person was operating or in actual physical control of a moving vessel while under the influence of alcohol or a controlled substance and was lawfully placed under arrest for violating Code Section 52-7-12. (ii) Whether the person was involved in a vessel accident or collision resulting in serious injury or fatality; (B) Whether at the time of the request for the test or tests the officer informed the person of the person's implied consent rights and the consequence of submitting or refusing to submit to such test and: (i) Whether the person refused the test; or (ii) Whether a test or tests were administered and the results indicated an alcohol concentration of 0.10 grams or more or, for a person under the age of 21, an alcohol concentration of 0.02 grams or more; and

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(C) Whether the test or tests were properly administered by an individual possessing a valid permit issued by the Division of Forensic Sciences of the Georgia Bureau of Investigation on an instrument approved by the Division of Forensic Sciences or a test conducted by the Division of Forensic Sciences, including whether the machine at the time of the test was operated with all its electronic and operating components prescribed by its manufacturer properly attached and in good working order, which shall be required. A copy of the operator's permit showing that the operator has been trained on the particular type of instrument used and one of the original copies of the test results or, where the test is performed by the Division of Forensic Sciences, a copy of the crime lab report shall satisfy the requirements of this subparagraph. (3) The hearing officer shall, within five calendar days after such hearing, forward a decision to the department to rescind or sustain the suspension of the person's privilege to operate a vessel on the waters of this state. If no hearing is requested within the ten business days specified above, and the failure to request such hearing is due in whole or in part to the reasonably avoidable fault of the person, the right to a hearing shall have been waived. The request for a hearing shall not stay the suspension of the person's privilege to operate a vessel on the waters of this state; provided, however, that if the hearing is timely requested and is not held within 60 days and the delay is not due in whole or in part to the reasonably avoidable fault of the person, the suspension shall be stayed until such time as the hearing is held and the hearing officer's decision is made. (4) In the event the person is acquitted of a violation of Code Section 52-7-12 or such charge is initially disposed of other than by a conviction or plea of nolo contendere, then the suspension shall be terminated. An accepted plea of nolo contendere shall be entered on the operator's record and shall be considered and counted as a conviction for purposes of any future violations of Code Section 52-7-12. (h) If the suspension is sustained after such a hearing, the person whose privilege to operate a vessel on the waters of this state has been suspended under this Code section shall have a right to file for a judicial review of the department's final decision, as provided for in Chapter 13 of Title 50, the `Georgia Administrative Procedure Act'; while such appeal is pending, the order of the department shall not be stayed. (i) Each time an approved breath-testing instrument is inspected, the inspector shall prepare a certificate which shall be signed under oath by the inspector and which shall include the following language: `This breath-testing instrument (serial no.) was thoroughly inspected, tested, and standardized by the undersigned on (date)

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and all of its electronic and operating components prescribed by its manufacturer are properly attached and are in good working order.' When properly prepared and executed, as prescribed in this subsection, the certificate shall, notwithstanding any other provision of law, be self-authenticating, shall be admissible in any court of law, and shall satisfy the pertinent requirements of paragraph (1) of subsection (c) of Code Section 52-7-12 and subparagraph (g)(2)(C) of this Code section. SECTION 3 . Said title is further amended by adding a new Code Section 52-7-12.6 to read as follows: 52-7-12.6. (a) Any operator's privilege to operate a vessel on the waters of this state required to be suspended under subsection (d) of Code Section 52-7-12.5 shall be suspended subject to the following terms and conditions: (1) Upon the first suspension pursuant to subsection (d) of Code Section 52-7-12.5 within the previous five years, as measured from the dates of previous arrests for which a suspension was obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for one year. Not sooner than 30 days following the effective date of suspension, the person may apply to the department for reinstatement of his or her operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; (2) Upon the second suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for three years. Not sooner than 120 days following the effective date of suspension, the person may apply to the department for reinstatement of the person's operator's privilege. Such privilege shall be reinstated if such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. An operator's privilege suspended pursuant to Code Section 52-7-12.5 shall remain suspended until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources; and

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(3) Upon the third or subsequent suspension pursuant to subsection (d) of Code Section 52-7-12.5 within five years, as measured from the dates of previous arrests for which suspensions were obtained to the date of the current arrest for which a suspension is obtained, the period of suspension shall be for not less than five years and until such person submits proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program approved by the Department of Human Resources. (b) In all cases in which the department may return the privilege to operate a vessel on the waters of this state to an operator prior to the termination of the full period of suspension, the department may require such tests of operating skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the operator's past operating record and performance. (c) Any person who operates a vessel or personal watercraft on any of the waters of this state at a time when such person's privilege to do so has been suspended shall be guilty of a misdemeanor. SECTION 4 . This Act shall become effective June 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. WATERS OF THE STATE, PORTS AND WATERCRAFTPERSONAL WATERCRAFT; VESSELS; OPERATION; ACCIDENTS. Code Title 52, Chapter 7, Article 1 Amended. No. 811 (House Bill No. 1394). AN ACT To amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, so as to provide for certain age limitations on the operation of certain vessels; to change certain provisions relating to personal watercraft; to provide for uniform restrictions on the speed of operation of vessels near moored or anchored vessels, any vessel adrift, wharfs, docks, swimmers, public use areas, or similar obstructions; to provide for notification to law enforcement officials by medical service providers of treatment of boating accident victims under certain circumstances and for release of such information to such officials; to provide for detainment of boats involved in accidents where necessary for evidentiary

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purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to registration, operation, and sale of watercraft, is amended by striking in its entirety Code Section 52-7-8.2, relating to restrictions on operation of personal watercraft, and inserting in lieu thereof a new Code Section 52-7-8.2 to read as follows: 52-7-8.2. (a) As used in this Code section, the term: (1) `Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) `Class A vessel' means a boat less than 16 feet in length. (3) `Personal watercraft' means a Class A vessel which: (A) Has an outboard motor or which has an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion; (B) Is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel; and (C) Has the probability that the operator and passenger may, in the normal course of use, fall overboard. Such term includes, without limitation, any vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and any vessels commonly known as a `jet ski.' (4) `Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (b) No person shall operate or give permission to operate personal watercraft on the waters of this state unless each person aboard such personal watercraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each such

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personal flotation device must be properly fastened, in good and serviceable condition, and the proper size for the person wearing it. (c) No person shall rent, lease, or let for hire a personal watercraft to any person under the age of 16 years. (d) No person shall operate a personal watercraft on the waters of this state after sunset or before sunrise; unless, such person is engaged in the enforcement of the laws of this state or this nation. (e) No person shall operate a personal watercraft on the waters of this state unless such personal watercraft is equipped with a self-circling device or a lanyard-type engine cutoff switch. (f) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator. (g) No person shall operate on the waters of this state a personal watercraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in any way that would prohibit the self-circling device from operating in its intended manner. (h) It shall be unlawful for any person who owns a personal watercraft or who has charge over or control of a personal watercraft to authorize or knowingly to permit such personal watercraft to be operated in violation of this Code section or of Code Section 52-7-8.3. (i) The provisions of this Code section shall not apply to vessels engaged in any activity authorized under Code Section 52-7-19. (j) No person shall operate a personal watercraft on the waters of this state at a speed greater than idle speed within 100 feet of any moored or anchored vessel, any vessel adrift, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area. (k) It shall be unlawful for any person to operate a personal watercraft on the waters of this state while towing a person or persons on water skis, aquaplanes, surfboards, tubes, or any similar device; provided, however, that the provisions of this subsection shall not apply to any personal watercraft designed by the manufacturer to carry three or more persons, provided that such personal watercraft has on board a competent observer in addition to the operator at any time that a person is being towed. (l) On and after June 1, 1995, no person under the age of 16 years shall operate a personal watercraft on the waters of this state; provided,

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however, that a person age 12 through 15 years may operate a personal watercraft if he or she is accompanied by an adult age 18 or over or he or she has successfully completed a personal watercraft safety program approved by the department or is under direct supervision by an adult age 18 or over. The department may, but shall not be required to, conduct or provide personal watercraft safety courses to the public. (m) On and after July 1, 1995, it shall be unlawful for any person to cause or knowingly permit such persons' child or ward who is less than 12 years of age or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is less than 12 years of age to operate a personal watercraft. (n) It shall be unlawful for any person to cause or knowingly permit such person's child or ward who is age 12 through 15 years or the child or ward of another over whom such person has a permanent or temporary responsibility of supervision if such child or ward is age 12 through 15 years to operate a personal watercraft other than in compliance with the provisions of subsection (1) of this Code section. SECTION 2 . Said article is further amended by inserting a new Code Section 52-7-8.3 to read as follows: 52-7-8.3. (a) A person age 16 or over may operate any vessel or personal watercraft on any of the waters of this state, and such person shall have in such vessel proper identification. (b) A person age 14 or 15 may operate a vessel other than a personal watercraft or nonmotorized Class A vessel on any of the waters of this state in compliance with Code Section 52-7-8.2, and such person may operate any other vessel if such person: (1) Is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section; (2) Has completed a safe boating course approved by the department or is under direct supervision by an adult age 18 or over; or (3) Is operating a Class A vessel utilizing mechanical means of propulsion of ten horsepower or less and has completed a safe boating course approved by the department. (c) A person age 12 or 13 may operate any Class A vessel utilizing mechanical means of propulsion not exceedig 30 horsepower, under the conditions set forth in paragraphs (1) through (3) of susbsection (b) of this Code section. Such person may operate a personal watercraft in

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compliance with Code Section 52-7-8.2, and such person may operate monmotorized Class A vessels without restriction. (d) No person under the age of 12 shall operate any Class 1, 2, or 3 vessel or any personal watercraft on any of the waters of this state, and no such person shall operate any Class A vessel utilizing mechanical means of propulsion exceeding 30 horsepower. Such person may operate a Class A vessel, other than a personal watercraft, utilizing mechanical means of propulsion not exceeding 30 horsepower only where such person is accompanied by an adult age 18 or over who is authorized to operate such vessel under the provisions of subsection (a) of this Code section. (e) As used in this Code section, the term: (1) `Accompanied by' means in the physical presence within the vessel of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel. (2) `Proper identification' shall have the same meaning as in subsection (d) of Code Section 3-3-23, relating to furnishing of alcoholic beverages. (3) `Under the direct supervision' means within sight of and within 400 yards of a person who is not under the influence of alcohol or drugs to a degree which would constitute a violation of Code Section 52-7-12 were such person operating the vessel and who is aware of his or her supervisory responsibility. (f) No person having ownership or control of a vessel shall permit another person to operate such vessel in violation of this Code section. SECTION 3 . Said article is further amended by adding after paragraph (3) of subsection (c) of Code Section 52-7-14, relating to collisions, accidents, and casualties, a new paragraph (4) to read as follows: (4) (A) As used in this paragraph, the term `medical facility' means any licensed general or specialized hospital, institutional infirmary, public health center, or diagnostic and treatment center. The term also includes, without being limited to, any building or facility, not under the operation or control of a hospital, which is primarily devoted to the provision of surgical treatment to patients not requiring hospitalization and which is classified by the Department of Human Resources as an ambulatory surgical treatment center. (B) Any:

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(i) Physician, including any doctor of medicine licensed to practice under the laws of this state; (ii) Licensed registered nurse employed by a medical facility; (iii) Security personnel employed by a medical facility; or (iv) Other personnel employed by a medical facility whose employment duties involve the care and treatment of patients therein having cause to believe that a patient has had physical injury or injuries inflicted upon him or her as a result of a reportable boating accident shall report or cause reports to be made in accordance with this paragraph. (C) An oral report shall be made immediately by telephone or otherwise and shall be followed by a report in writing, if requested, to the person in charge of the medical facility or his or her designated delegate. The person in charge of the medical facility or his or her designated delegate shall then notify the local law enforcement agency having primary jurisdiction in the area in which the medical facility is located of the contents of the report. The report shall contain the name and address of the patient, the nature and extent of the patient's injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. (D) Notwithstanding any other provision of law, copies of medical records relating to the treatment of such patient shall be furnished to the investigatory law enforcement officer of the department, or any local, state or federal law enforcement agency upon receipt of a written request or subpoena issued by such law enforcement agency or the prosecuting attorney having jurisdiction over such accident. Such medical records shall be handled in a manner which assures the confidentiality of such records. (E) Any person or persons participating in the making of a report or causing a report to be made to the appropriate police authority pursuant to this paragraph or participating in any judicial proceeding or any other proceeding resulting therefrom shall in so doing be immune from any civil liability that might otherwise be incurred or imposed, providing such participation pursuant to this paragraph shall be in good faith. SECTION 4 . Said article is further amended by adding at the end of said Code Section 52-7-14 a new subsection (e) to read as follows: (e) Official authority . Any officer empowered to enforce this article shall have the authority to stop, board, and detain any vessel involved in a

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reportable boating accident and to continue the detention of such vessel if necessary for evidentiary purposes for such reasonable period of time as such necessity continues. SECTION 5 . Said article is further amended by adding at the end of Code Section 52-7-17, relating to speed and load restrictions, a new subsection (d) to read as follows: (d) No vessel shall be operated at a speed greater than is reasonable and prudent under the conditions, and such vessel's operator shall have regard for the actual and potential hazards then existing. SECTION 6 . Said article is further amended by adding after subsection (e) of Code Section 52-7-18, relating to rules of the road for boat traffic, new subsections (f), (g), (h), and (i) to read as follows: (f) No person shall operate any vessel or tow a person or persons on water skis, an aquaplane, a surfboard, or any similar device on the waters of this state at a speed greater than idle speed within 100 feet of any vessel which is moored, anchored, or adrift outside normal traffic channels, or any wharf, dock, pier, piling, bridge structure or abutment, person in the water, or shoreline adjacent to a full-time or part-time residence, public park, public beach, public swimming area, marina, restaurant, or other public use area. This subsection shall not be interpreted to prohibit any person from initiating or terminating waterskiing from any wharf, dock, or pier owned by such person or used by such person with the permission of the owner of said wharf, dock, or pier nor shall it be interpreted to prohibit the immediate return of a tow vessel to a downed water skier. (g) No vessel shall run around or within 100 feet of another vessel at a speed greater than idle speed unless such vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic. (h) No vessel shall be operated in such a manner as to ride or jump the wake of another vessel within 100 feet of such other vessel unless the vessel is overtaking or meeting such other vessel in compliance with the rules of the road for vessel traffic and, having passed or overtaken such other vessel, the operator of the passing or overtaking vessel shall not change or reverse course for the purpose of riding or jumping the wake of such other vessel within 100 feet of such other vessel. (i) Subsections (f), (g), and (h) of this Code section shall not apply to ocean-going ships or to tugboats or other powered vessels which are

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assisting ocean-going ships during transit or during docking or undocking maneuvers. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. FOOD, DRUGS, AND COSMETICSPHARMACISTS AND PHARMACIES; EXTENSIVE REVISION OF RELATED PROVISIONS; GEORGIA DRUGS AND NARCOTICS AGENCY. Code Title 26, Chapter 4 Amended. No. 812 (House Bill No. 330). AN ACT To amend Title 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, so as to revise the laws relating to pharmacists and pharmacies; to provide for a short title; to provide for legislative intent and purpose; to provide for definitions; to provide for the Georgia State Board of Pharmacy and its composition, powers, duties, vacancies, organization, meetings, voting, quorum, and conflicts; to provide for enforcement and for rules and regulations; to provide for members and their qualifications, compensation, oaths, terms, and removal; to provide for duties and powers of the joint-secretary of the state licensing boards; to provide for certificates; to provide for the Georgia Drugs and Narcotics Agency and the administrative assignment, director, employees, duties, powers, and compensation thereof; to provide for notice and hearings; to provide for certain duties of sheriffs and prosecutors; to provide for legislative construction; to prohibit certain unlicensed practices; to require the licensing of pharmacists and pharmacy interns and provide the conditions and procedures relating thereto; to provide for license transfers, for licensing of foreign pharmacy graduates, for temporary licenses and license renewal and reinstatement; to provide for pharmacy assistants and externs; to provide for continuing education; to provide for drug researcher permits; to provide for sanctions against license applicants and holders and penalties therefor; to prohibit the practice of pharmacy without a license and provide penalties therefor; to provide for fees; to provide for prescription drug orders; to provide for refills; to provide for dispensing without a prescription under certain conditions; to provide for drug substitutions; to provide for dispensing drugs; to provide for pharmacy technicians; to provide for patient records and the duties of pharmacists relating thereto; to provide for patient counseling; to provide for compounding practices; to provide for storage, handling, and dispensing of drugs; to prohibit vending machine sale or dispensing of drugs and

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provide a penalty; to require the licensing of pharmacies and the conditions and procedures relating thereto; to prohibit the use of certain titles; to provide for pharmacy standards; to prohibit certain unlicensed persons from engaging in certain transactions involving drugs; to provide for sanctions and penalties regarding pharmacy licenses and unlicensed practice; to provide for special pharmacy permits; to provide for the registration and reports of drug wholesalers, distributors, suppliers, and reverse drug distributors; to prohibit certain conduct and practices and require compliance with certain standards by pharmacists, pharmacies, pharmacy interns, and pharmacy technicians; to provide for drugs for emergency service providers; to provide for injunctions; to provide for dispensing drugs and other actions relating to drugs by practitioners of the healing arts; to provide for the examination of items to determine whether they are adulterated or misbranded and provide for actions relating thereto; to provide for third party prescription programs and a short title, findings, and definitions; to provide for program submissions and duties of the Commissioner of Insurance; to provide for program requirements, claims, administrators, and liability for use of cards for cancelled programs; to provide for criminal and civil penalties; to provide for the sale of poisons and records, prescriptions, and penalties relating thereto; 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 26 of the Official Code of Georgia Annotated, relating to food, drugs, and cosmetics, is amended by striking Chapter 4 thereof, relating to pharmacists and pharmacies, and inserting in its place the following: CHAPTER 4 ARTICLE 1 26-4-1. This chapter shall be known and may be cited as the `Georgia Pharmacy Practice Act.' 26-4-2. The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy in this state as a learned profession, as defined in this chapter, should merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy to ensure the quality of drugs and related devices distributed in this state. This chapter shall be liberally construed to carry out these objectives and purposes.

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26-4-3. It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that distribute, manufacture, or sell drugs or devices used in the dispensing and administration of drugs within this state; and the regulation and control of such other materials as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual. 26-4-4. The `practice of pharmacy' means the interpretation, evaluation, or dispensing of prescription drug orders in the patient's best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care; and the responsibility for compounding and labeling of drugs and devices. 26-4-5. As used in this chapter the term: (1) `Administer' or `administration' means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts. (2) `Board of pharmacy' or `board' means the Georgia State Board of Pharmacy. (3) `Brand name drug' means the proprietary, specialty, or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label, or wrapping at the time of packaging. (4) `Compounding' means the preparation, mixing, assembling, packaging, or labeling of a drug or device as the result of a practitioner's prescription drug order or initiative based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice or for the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs or devices in anticipation of prescriptioin drug orders based on routine and regularly observed prescribing patterns. (5) `Confidential information' means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be

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released only to the patient or, as the patient directs, to those practitioners and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well being; and to such other persons or governmental agencies authorized by law to receive such confidential information. (6) `Controlled substance' means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 Schedules I through V of 21 C.F.R. Part 1308, or both. (7) `Dangerous drug' means any drug, substance, medicine, or medication as defined in Code Section 16-13-71. (8) `Deliver' or `delivery' means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration. (9) `Device' means an instrument, apparatus, contrivance, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, `Caution: federal or state law requires dispensing by or on the order of a physician.' (10) `Dispense' or `dispensing' means the preparation and delivery of a drug or device to a patient, patient's caregiver, or patient's agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. (11) `Distribute' means the delivery of a drug or device other than by administering or dispensing. (12) `Drug' means: (A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and (D) Articles intended for use as a component of any articles specified in subparagraphs (A), (B), or (C) of this paragraph but does not include devices. (13) `Drug researcher' means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug analysis, animal

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training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or medical practitioner. (14) `Drug regimen review' includes but is not limited to the following activities: (A) Evaluation of any prescription drug order and patient record for: (i) Known allergies; (ii) Rational therapy-contraindications; (iii) Reasonable dose and route of administration; and (iv) Reasonable directions for use; (B) Evaluation of any prescription drug order and patient record for duplication of therapy; (C) Evaluation of any prescription drug order and patient record for the following interactions: (i) Drug-drug; (ii) Drug-food; (iii) Drug-disease; and (iv) Adverse drug reactions; and (D) Evaluation of any prescription drug order and patient record for proper utilization, including overutilization or underutilization, and optimum therapeutic outcomes. (15) `Emergency service provider' means licensed ambulance services, first responder services or neonatal services, or any combination thereof; (16) `Extern' or `pharmacy extern' means an individual who is a student currently enrolled in an approved school or college of pharmacy and who has been assigned by the school or college of pharmacy to a licensed pharmacy for the purposes of obtaining practical experience and completing a degree in pharmacy. For the purposes of this chapter, a pharmacy extern may engage in any activity or perform any function which a pharmacy intern may perform under the direct supervision of a licensed pharmacist. (17) `Federal act' or `Federal Food, Drug, and Cosmetic Act' means the Federal Food, Drug, and Cosmetic Act of the United States of America, approved June 25, 1938, officially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.) and all amendments

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thereto, and all regulations promulgated thereunder by the commissioner of the Federal Food and Drug Administration. (18) `Generic name' means a chemical name, a common or public name, or an official name used in an official compendium recognized by the Federal Food, Drug, and Cosmetic Act, as amended. (18.1) `Institution' means any licensed hospital, nursing home, personal care home, hospice, health clinic, or prison clinic. (19) `Intern' or `pharmacy intern' means an individual who is: (A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern; (B) A graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or (C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist. (20) `Joint-secretary' means the joint-secretary of the state examining boards. (21) `Labeling' means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal, state, or federal and state law or rule. (22) `Manufacturing' means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of any substance or labeling or relabeling of its container and the promotion and marketing of such drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons. (23) `Manufacturer' means a person engaged in the manufacturing of drugs or devices. (24) `Nonprescription drug' means a drug which may be sold without a prescription and which is labeled for use by the consumer in

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accordance with the requirements of the laws and rules of this state and the federal government. (25) `Patient counseling' means the oral communication by the pharmacist of information, as defined in the rules of the board, to the patient, patient's caregiver, or patient's agent, in order to improve therapy by ensuring proper use of drugs and devices. (26) `Person' means an individual, corporation, partnership, or association. (27) `Pharmaceutically equivalent' means drug products that contain identical amounts of the identical active ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients. (28) `Pharmacist' means an individual currently licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services and pharmacy care. (29) `Pharmacist in charge' means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of such pharmacy and personnel. (30) `Pharmacy' means: (A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or (B) Any place licensed in accordance with this Chapter wherein the possessing, displaying, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued. (31) `Pharmacy care' means those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto. (32) `Pharmacy technician' means those support persons utilized in pharmacies whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist. (33) `Practitioner' or `practitioner of the healing arts' means a physician, dentist, podiatrist, or veterinarian and shall include any

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other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state. (34) `Preceptor' means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board, and participates in the instructional training of pharmacy interns. (35) `Prescription drug' or `legend drug' means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements: `Caution: Federal law prohibits dispensing without prescription' or `Caution: federal law restricts this drug to use by, or on the order of, a licensed veterinarian'; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only; or a controlled substance, as defined in paragraph (7) of this Code section or a dangerous drug as defined in paragraph (8) of this Code section. (36) `Prescription drug order' means a lawful order of a practitioner for a drug or device for a specific patient. (37) `Prospective drug use review' means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review. (38) `Reverse drug distribution' means a person, firm, or corporation which receives and handles drugs from within this state which are expired, discontinued, adulterated, or misbranded, under the provisions of Chapter 3 of this title, the `Georgia Drug and Cosmetic Act,' from a pharmacy, drug distributor, or manufacturer for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug. (39) `Significant adverse drug reaction' means a drug-related incident that may result in serious harm, injury, or death to the patient. (40) `Substitution' means to dispense pharmaceutically equivalent and therapeutically equivalent drug products as regulated by the board in place of the drug prescribed. (41) `Wholesale distributor' means any person engaged in wholesale distribution of drugs, including but not limited to manufacturers; repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions.

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ARTICLE 2 26-4-20. (a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 1998, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified. (b) The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law. 26-4-21. (a) Each of the seven pharmacist members of the board shall, at the time of appointment: (1) Be a resident of this state for not less than six months; (2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state; (3) Be actively engaged in the practice of pharmacy in this state; (4) Have five years of experience in the practice of pharmacy in this state after licensure; and (5) Not be officially employed as a full-time faculty member by any school or college of pharmacy. (b) The one consumer member of the board shall be a resident of Georgia who has attained the age of majority and shall not have any connection whatsoever with the pharmaceutical industry. (c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, which oath shall be filed with the Secretary of State, whereupon the Secretary of State shall issue to each appointee a certificate of appointment. 26-4-22. (a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor for a term of five years or until their successors are appointed and qualified.

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Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across the state. (b) At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section 26-4-21 to fill the next vacancy occurring on the board, except a vacancy in the consumer member position on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board, other than in the consumer member position on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three practicing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association. (c) The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office. 26-4-23. Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor as provided in Code Section 43-1-17. 26-4-24. The board shall meet at least annually to organize and elect a president and a vice-president from its members. The joint-secretary shall be the secretary of the board and shall have all the power, duties, and authority with reference to such board as shall be prescribed by Chapter 1 of Title 43 and shall perform such other duties as may be prescribed by the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the joint-secretary at his or her office in Fulton County. 26-4-25.

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Each member of the board shall be reimbursed as provided for in subsection (f) of Code Section 43-1-2. 26-4-26. (a) The board shall meet on a regular basis to transact its business. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board. (b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings. (c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum. (d) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public. 26-4-27. The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof. 26-4-28. (a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the State of Georgia including, but not limited to, the following: (1) The licensing by examination or by license transfer of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (2) The renewal of licenses to engage in the practice of pharmacy; (3) The establishment and enforcement of compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy; (4) The determination and issuance of standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training including internship; (5) The enforcement of those provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and

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the suspension, revocation, or restriction of licenses to engage in the practice of pharmacy; (6) The licensure and regulation of pharmacies and pharmacy interns; (7) The regulation of other employees in the prescription or pharmacy department; (8) The collection of professional demographic data; (9) The right to seize any such drugs and devices found by the board to constitute an imminent danger to the public health and welfare; (10) The establishment of minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding and dispensing of such drugs or devices utilized within the practice of pharmacy; (11) The establishment of minimum standards for the purity and quality of such drugs utilized within the practice of pharmacy; (12) The establishment of minimum standards for the purity and quality of such devices and other materials utilized within the practice of pharmacy; (13) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of drugs; (14) The issuance and renewal of licenses of all persons engaged in the manufacture and distribution of devices utilized within the practice of pharmacy; (15) The inspection of any licensed person at all reasonable hours for the purpose of determining if any provisions of the laws governing the legal distribution of drugs or devices or the practice of pharmacy are being violated. The board, its officers, agents, and designees shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, devices, and the practice of pharmacy; (16) The investigation of alleged violations of this chapter or any other law in this state pertaining to, or in connection with, persons or firms licensed by the board or otherwise authorized by the laws of this state to manufacture, sell, distribute, dispense, or possess drugs, medicines, poisons, cosmetics, or devices, as related to misbranded or counterfeit drugs, or any rules and regulations promulgated by the board under this chapter; the conducting of investigative interviews or full board hearings, with or without the necessity of utilizing the Office of State Administrative Hearings, in respect thereto when in its discretion it appears to be necessary; and the bringing of such violations to the notice of the Attorney General;

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(17) The listing at any time upon either a list under Article 3 of Chapter 13 of Title 16, the `Dangerous Drug Act,' or upon a schedule under Article 2 of Chapter 13 of Title 16, the `Georgia Controlled Substances Act,' of any drug found to be potentially dangerous to public safety if dispensed without prescription; and (18) The expunging of the pharmacy related practice record of any pharmacist whose record consists of a sole sanction resulting from alcohol impairment and whose pharmacy related practice record during a five-year time period dating from the time of the sanction has incurred no additional charges or infractions. (b) Proceedings by the board in the exercise of its authority to issue, cancel, suspend, or revoke any license issued under the terms of this chapter shall be conducted in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' In all such proceedings the board shall have authority to compel the attendance of witnesses and the production of any book, writing, or document upon the issuance of a subpoena therefor signed by the secretary of the board. In any hearing in which the fitness of a licensee or applicant to practice pharmacy is in question, the board may exclude all persons from its deliberation of the appropriate action to be taken and may, when it deems it necessary, speak to a licensee or applicant in private. (c) The board shall have such other duties, powers, and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto which shall include, but are not limited to, the following: (1) The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board; (2) The board may place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee at the time his or her license is suspended or revoked or at the time the board refuses to renew his or her license. Except as otherwise provided in this section, drugs or devices so sealed shall not be disposed of until appeal rights under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' have expired, or an appeal filed pursuant to such Act has been determined. The court involved in an appeal filed pursuant to such Act may order the board, during the pendency of the appeal, to sell sealed drugs that are perishable. The proceeds of such a sale shall be deposited with that court; (3) Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers, and authority in accordance with Chapter 13 of Title 50, the `Georgia Administrative Procedure Act';

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(4) In addition to the fees specifically provided for in this chapter, the board may assess additional reasonable fees for services rendered to carry out its duties and responsibilities as required or authorized by this chapter or the rules and regulations promulgated by the board. Such services rendered shall include but not be limited to the following: (A) Issuance of duplicate certificates or identification cards; (B) Certification of documents; (C) License transfer; (D) Examination administration to a licensure applicant; and (E) Examination materials; and (5) Cost Recovery. (A) For any order issued in resolution of a disciplinary proceeding before the board, the board may direct any licensee found guilty of a charge involving a violation of any drug laws or rules to pay to the board a sum not to exceed the reasonable costs of the investigation and prosecution of the case and, in any case, not to exceed $25,000. The costs to be assessed shall be fixed by the board and the costs so recovered shall be paid to the state treasury; and (B) In the case of a pharmacy or wholesale distributor, the order issued may be made to the corporate owner, if any, and to any pharmacist, officer, owner, or partner of the pharmacy or wholesale distributor who is found to have had knowledge of or have participated knowingly in one or more of the violations set forth in this Code section. Where an order for recovery of costs is made and timely payment is not made as directed in the board's decision, the board may enforce the order for payment in the court in the county where the administrative hearing was held. This right of enforcement shall be in addition to any other rights the board may have as to any person directed to pay costs. In any action for recovery of costs, proof of the board's decision shall be conclusive proof of the validity of the order of payment and the terms for payment. 26-4-29. (a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-7; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3, to the office of the Secretary of State. The Georgia Drugs and Narcotics Agency

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is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director. (b) The director shall hold office at the pleasure of the board, and should any vacancy occur in said office for any cause whatsoever, said board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or agency personnel acting on behalf of the director, shall have the duty and the power to: (1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; (2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (4) Take up samples of the articles listed in paragraph (1) of this subsection from any of the said establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131; (5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapters 3 and 4 of this title and deliver such articles to the agency; (6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and (7) Perform such other duties as may be directed by the board. (c) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with

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violating Chapter 13 of Title 16 and Chapters 3 and 4 of this title. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the `Georgia Peace Officer Standards and Training Act.' (1) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest. (2) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions after accumulating 25 years of service in the agency, as a result of a disability arising in the line of duty, or pursuant to approval by the State Board of Pharmacy, such director or agent shall be entitled to retain his or her weapon and bedge pursuant to approval by the State Board of Pharmacy, and, upon leaving the agency, the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy. (d) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board can instruct the director to: (1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview; (2) Forward such reports to the Attorney General's office for action decided on by the board; or (3) Take whatever other action the board deems necessary. (e) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22.

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(1) The State Board of Pharmacy is authorized and directed to publish and distribute the `Dangerous Drug List' as prepared by the Georgia Drugs and Narcotics Agency and the `Georgia Controlled Substances Act' as enacted by law. (2) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable or at no cost, such number of copies of the `Dangerous Drug List' and `Georgia Controlled Substances Act' to law enforcement officials, school officials, parents, and other interested citizens as are required. 26-4-30. This chapter shall not be construed to prohibit the sale by general merchants or other nonpharmacy retailers of nonprescription drugs when sold only in their original and unbroken packages. ARTICLE 3 26-4-40. (a) Except as otherwise provided in this chapter, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed to practice under the provisions of this chapter; (b) Practitioners authorized under the laws of this state to compound drugs and to dispense drugs to their patients in the practice of their respective professions shall not be required to be licensed under the provisions of this chapter; however, practitioners shall meet the same standards, record-keeping requirements, and all other requirements for the dispensing of drugs applicable to pharmacists. (c) Any individual who, after hearing, shall be found by the board to have unlawfully engaged in the practice of pharmacy shall be subject to a fine to be imposed by the board for each offense. Each violation of this chapter pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a felony punishable upon conviction thereof by a fine of not less than $500.00 nor more than $1,000.00 or by imprisonment for not less than two nor more than five years, or both. 26-4-41. (a) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) Have submitted a written application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy that has been approved by the board;

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(5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license. (b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available by the board at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination; (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination; and (3) Any person who takes the board examination and fails the examination may repeat the examination at regular intervals of administration; however, a person may not take the examination more than three times without permission from the board. A person who has taken the board examination and failed the examination for the third time may not practice as a pharmacy intern. A person who takes the board examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid. (c) Internship and Other Training Programs. (1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine; and (2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs. 26-4-42.

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(a) In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by license transfer in this state, an applicant shall: (1) Complete and file a form applying for licensure with the board, which form shall include the applicant's name, address, and other such information as prescribed by the board, and, after an investigation by agents acting on behalf of the board, if so requested by the board, produce evidence satisfactory to the board which shows the applicant has the age, moral character, background, education, and experience demanded of applicants for registration by examination under this chapter and by the rules and regulations promulgated under this chapter; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have presented to the board proof of initial licensure by examination and proof that such license is in good standing; (6) Have presented to the board proof that any other license granted to the applicant by any other state has not been suspended, revoked, or otherwise restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is currently licensed but not engaged in the practice of pharmacy; (7) Have successfully passed an examination by the board on Georgia pharmacy law and board regulations; and (8) Have paid the fees specified by the board. (b) No applicant shall be eligible for license transfer unless the state in which the applicant was licensed as a pharmacist also grants licensure transfer to pharmacists duly licensed by examination in this state under like circumstances and conditions. (c) To obtain a license to engage in the practice of pharmacy, a foreign pharmacy graduate applicant shall obtain the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee's certification which shall include, but not be limited to, successfully passing the Foreign Pharmacy Graduate Equivalency Examination as well as attaining a passing score on the Test of English as a Foreign Language (TOEFL) as established by the board. Additionally, a foreign pharmacy graduate applicant shall: (1) Have submitted a written application in the form prescribed by the board;

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(2) Have attained the age of majority; (3) Be of good moral character; (4) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state; (5) Have graduated and been granted a pharmacy degree from a college or school of pharmacy recognized by the National Association of Boards of Pharmacy Foreign Pharmacy Graduate Examination Committee; (6) Have successfully passed an examination approved by the board; and (7) Have paid the fees specified by the board. 26-4-43. A temporary license may be issued by the joint-secretary upon the approval of the president of the board if an applicant produces satisfactory evidence of fulfilling the requirements for licensure under this article, except the examination requirement, and evidence of an emergency situation justifying such temporary license. All temporary licenses shall expire at the end of the month during which the first board meeting is conducted following the issuance of such license and may not be reissued or renewed. 26-4-44. (a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the joint-secretary within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy education in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant. (b) If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board. 26-4-45.

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The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the joint-secretary until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other approved educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year. 26-4-46. (a) To obtain a license as a pharmacy intern, an applicant shall: (1) Have submitted a written application in the form prescribed by the board of pharmacy; (2) Have attained the age of majority; (3) Be of good moral character; and (4) Have paid the fees specified by the board for the issuance of the license. (b) The following individuals shall be eligible to be licensed as a pharmacy intern: (1) A student who is currently enrolled in an approved school or college of pharmacy; (2) An individual who is a graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or

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(3) An individual who does not otherwise meet the requirements of paragraph (1) or (2) of this subsection and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate, who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist. (c) The board shall approve all internship programs for the purpose of providing the practical experience necessary for licensure as a pharmacist. A pharmacy intern is authorized to engage in the practice of pharmacy under the supervision of a pharmacist. The board shall adopt rules regarding the licensure of interns and the standards for internship programs. 26-4-47. (a) Licenses issued under Code Section 26-4-46 shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire. (b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a pharmacy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title. (c) Any license issued pursuant to Code Section 26-4-46 shall expire upon notification that a person has taken and failed the board examination for the third time. 26-4-48. Licenses issued pursuant to Code Section 26-4-46 which shall expire by lapse of time may be renewed upon application, unless, at the time of expiration, there shall be pending action before the board to suspend or revoke such license. 26-4-49. (a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or practitioner shall biennially register with the state board of pharmacy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. In applying for the permit: (1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum

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the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board; (2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, utilization, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and (3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16. (b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void. (c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section. (d) A drug researcher permit may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations. (e) A holder of a drug researcher permit who is not also licensed as a pharmacist practicing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs. (f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be

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punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both. ARTICLE 4 26-4-60. (a) The board of pharmacy may refuse to issue or renew, or may suspend, revoke, or restrict the licenses of, or fine any person pursuant to the procedures set forth in this Code section, upon one or more of the following grounds: (1) Unprofessional conduct as that term is defined by the rules of the board; (2) Incapacity that prevents a licensee from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public; (3) Being guilty of one or more of the following: (A) A felony; (B) Any act involving moral turpitude; or (C) Violations of the pharmacy or drug laws of this state, or rules and regulations pertaining thereto, or of laws, rules, and regulations of any other state, or of the federal government; (4) Misrepresentation of a material fact by a licensee in securing the issuance or renewal of a license; (5) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license falsely using the title of `pharmacist' or `pharmacy intern,' or falsely using the term `pharmacy' in any manner; (6) Failing to pay the costs assessed in a disciplinary hearing pursuant to subsection (c) of Code Section 26-4-28; (7) Becoming unfit or incompetent to practice pharmacy by reason of: (A) Intemperance in the use of alcoholic beverages, narcotics, or habit-forming drugs or stimulants; or (B) Any abnormal physical or mental condition which threatens the safety of persons to whom such person may compound or dispense prescriptions, drugs, or devices or for whom he or she might manufacture, prepare, or package or supervise the manufacturing, preparation, or packaging of prescriptions, drugs, or devices; (8) Being adjudicated to be mentally ill or insane;

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(9) Violating any rules and regulations promulgated by the board; (10) Promoting to the public in any manner a drug which may be dispensed only pursuant to prescription; (11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; however, this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to an institution; (12) Unless otherwise authorized by law, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without the prior authorization of the practitioner ordering or prescribing the same; (13) Violating or attempting to violate a statute, law, any lawfully promulgated rule or regulation of this state, any other state, the board, the United States, or any other lawful authority without regard to whether the violation is criminally punishable, which statute, law, rule, or regulation relates to or in part regulates the practice of pharmacy, when the licensee or applicant knows or should know that such action is violative of such statute, law, or rule; or violating either a public or confidential lawful order of the board previously entered by the board in a disciplinary hearing, consent decree, or license reinstatement; or (14) Having his or her license to practice pharmacy revoked, suspended, or annulled by any lawful licensing authority of this or any other state, having disciplinary action taken against him or her by any lawful licensing authority of this or any other state, or being denied a license by any lawful licensing authority of this or any other state. (b) The board shall have the power to suspend or revoke the license of the pharmacist in charge when a complete and accurate record of all controlled substances on hand, received, manufactured, sold, dispensed, or otherwise disposed of has not been kept by the pharmacy in conformance with the record keeping and inventory requirements of federal law and the rules of the board. (c) Any person whose license to practice pharmacy in this state has been suspended, revoked, or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license pursuant to rules and regulations promulgated by the board. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may, in its discretion, grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.

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(d) Nothing in this Code section shall be construed as barring criminal prosecutions for violations of this chapter. (e) All final decisions by the board shall be subject to judicial review pursuant to Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (f) Any individual or entity whose license to practice pharmacy is revoked, suspended, or not renewed shall return his or her license to the offices of the board within ten days after receipt of notice of such action. (g) For purposes of this Code section, a conviction shall include a finding or verdict of guilty, a plea of guilty, or a plea of nolo contendere in a criminal proceeding, regardless of whether the adjudication of guilt or sentence is withheld or not entered thereon. (h) Nothing in this Code section shall be construed as barring or prohibiting pharmacists from providing or distributing health or drug product information or materials to patients which is intended to improve the health care of patients. (i) The board shall have the power to suspend any license issued under this article when such holder is not in compliance with a court order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3. The board shall also have the power to deny the application for issuance or renewal of a license under this part when such applicant is not in compliance with a court order for child support as provided in either of such Code sections. The hearings and appeals procedures provided for in such Code sections shall be the only such procedures required to suspend or deny any license issued under this article. (j) Nothing in this chapter shall prohibit any person from assisting any duly licensed pharmacist or practitioner in the measuring of quantities of medication and the typing of labels therefor, but excluding the dispensing, compounding, or mixing of drugs, provided that such duly licensed pharmacist or practitioner shall be physically present in the dispensing area and actually observing the actions of such person in doing such measuring and typing, and provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. 26-4-61. Notwithstanding any provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' the board may, without a hearing, temporarily suspend a license for not more than 60 days if the board finds that a pharmacist or pharmacy intern has violated a law or rule that the board is empowered to enforce, and if continued practice by the pharmacist or pharmacy intern would create an imminent risk of harm

Page 712

to the public. The suspension shall take effect upon written notice to the pharmacist or pharmacy intern, specifying the law or rule violated. At the time it issues the suspension notice, the board shall schedule a disciplinary hearing to be held under Chapter 13 of Title 50, the `Georgia Administrative Procedure Act,' within 20 days thereafter. The pharmacist or pharmacy intern shall be provided with at least ten days notice of any hearing held under this subsection. 26-4-62. Except as otherwise provided in this chapter or in Chapter 13 of Title 16, any violation of this chapter shall constitute a misdemeanor. ARTICLE 5 26-4-80. (a) All persons engaging in the practice of pharmacy in this state must be licensed by the board. (b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. (c) A prescription drug order may be accepted by a pharmacist or pharmacy intern in written form, orally, via facsimile, or electronically as set forth in this chapter or as set forth in regulations promulgated by the board. Provisions for accepting a prescription drug order for a schedule II controlled substance are set forth in subsection (1) of this Code section. Prescriptions transmitted either electronically or via facsimile shall meet the following requirements: (1) Electronically transmitted prescription drug orders shall be transmitted by the practitioner or, in the case of a prescription drug order to be transmitted via facsimile, by the practitioner or the practitioner's agent under supervision of the practitioner, to the pharmacy of the patient's choice with no intervening person or intermediary having access to the prescription drug order; (2) Prescription drug orders transmitted by facsimile or computer shall include: (A) In the case of a prescription drug order for a dangerous drug, the complete name and address of the practitioner; (B) In the case of a prescription drug order for a controlled substance, the complete name, address, and DEA registration number of the practitioner; (C) The telephone number of the practitioner for verbal confirmation; (D) The name and address of the patient;

Page 713

(E) The time and date of the transmission; and (F) The full name of the person transmitting the order; (3) An electronically transmitted drug order which meets the requirements of this Code section shall be deemed the original order; (4) The pharmacist shall exercise professional judgment regarding the accuracy and authenticity of the transmitted prescription drug order consistent with federal and state laws and rules and regulations adopted pursuant to the same; (5) An electronically transmitted prescription drug order from a prescriber to a pharmacist shall be considered a highly confidential transaction and the said transmission shall not be compromised by interventions, control, change, altering, or manipulation by any other person or party in any manner whatsoever; (6) Any pharmacist that transmits, receives, or maintains any prescription or prescription refill either orally, in writing, or electronically shall ensure the security, integrity, and confidentiality of the prescription and any information contained therein; and (7) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations. (d) Information contained in the patient medication record or profile shall be considered confidential information as defined in this title. Confidential information may be released to the patient or the patient's authorized representative, the prescriber or other licensed health care practitioners then caring for the patient, another licensed pharmacist, the board or its representative, or any other person duly authorized to receive such information. In accordance with Code Section 24-9-40, confidential information may be released to others only on the written release of the patient, court order, or subpoena. (e) Except as authorized under subsection (j) of this Code section, a prescription may not be refilled without authorization. When refills are dispensed pursuant to authorization contained on the original prescription or when no refills are authorized on the original prescription but refills are subsequently authorized by the practitioner, the refill authorization shall be recorded on the original prescription document and the record of any refill made shall be maintained on the back of the original prescription document or on some other uniformly maintained record and the dispensing pharmacist shall record the date of the refill, the quantity of the drug dispensed and the dispensing pharmacist's initials; provided, however, that an original prescription for a schedule

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III, IV, or V controlled substance which contains no refill information may not be authorized to be refilled more than five times or after six months from the date of issuance, whichever occurs first. Authorization for any additional refill of a schedule III, IV, or V controlled substance prescription in excess of five refills or after six months from the date of issuance of the prescription shall be treated as a new prescription. (f) When filling a prescription or refilling a prescription which may be refilled, the pharmacist shall exercise professional judgment in the matter. No prescription shall be filled or refilled with greater frequency than the approximate interval of time that the dosage regimen ordered by the prescriber would indicate, unless extenuating circumstances are documented which would justify a shorter interval of time before the filling or refilling of the prescription. (g) The pharmacist who fills or refills a prescription shall record the date of dispensing and indicate the identity of the dispensing pharmacist on the prescription document or some other appropriate and uniformly maintained record. If this record is maintained on the original prescription document, the original dispensing and any refills must be recorded on the back of the prescription. (h) When the patient no longer seeks personal consultation or treatment from the practitioner, the practitioner and patient relationship is terminated. A prescription becomes invalid after the practitioner and patient relationship is terminated which is defined as a reasonable period of time not to exceed six months in which the patient could have established a new practitioner and patient relationship as established by the board through the promulgation of rules and regulations. (i) A written prescription drug order must bear an original signature of the practitioner. A signature stamp or other signature facsimile is not acceptable in lieu of an original signature. When an oral prescription drug order or the oral authorization for the refilling of a prescription drug order is received which is transmitted by someone other than the practitioner, the name of the individual making the transmission and the date of the transmission must be recorded on the original prescription drug order or other uniform record by the pharmacist receiving the transmission. (j) A pharmacist licensed by the board may dispense up to a 72 hour supply of a prescribed medication in the event the pharmacist is unable to contact the practitioner to obtain refill authorization, provided that: (1) The prescription is not for a controlled substance; (2) In the pharmacist's professional judgment, the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort;

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(3) The dispensing pharmacist notifies the practitioner or his or her agent of the dispensing within seven working days after the prescription is refilled pursuant to this subsection; (4) The pharmacist properly records the dispensing as a separate nonrefillable prescription. Said document shall be filed as is required of all other prescription records. This document shall be serially numbered and contain all information required of other prescriptions. In addition it shall contain the number of the prescription from which it was refilled; (5) The pharmacist shall record on the patient's record and on the new document the circumstances which warrant such dispensing; and (6) The pharmacist does not employ this provision regularly for the same patient on the same medication. (k) All out-patient prescription drug orders which are dispensed shall be appropriately labeled in accordance with the rules and regulations promulgated by the board as follows: (1) Before an out-patient prescription drug is released from the dispensing area, the prescription drug shall bear a label containing the name and address of the pharmacy, a prescription number, the name of the prescriber, the name of the patient, directions for taking the medication, the date of the filling or refilling of the prescription, the initials or identifying code of the dispensing pharmacist, and any other information which is necessary, required, or, in the pharmacist's professional judgment, appropriate; and (2) The pharmacist who fills an out-patient prescription drug order shall indicate the identity of the dispensing pharmacist on the label of the prescription drug. Identification may be made by placing initials on the label of the dispensed drug. The label shall be affixed to the outside of the container of the dispensed drug by means of adhesive or tape or any other means which will assure that the label remains attached to the container. (l) A schedule II controlled substance prescription in written form signed in indelible ink by the practitioner may be accepted by a pharmacist and the schedule II controlled substance may be dispensed by such pharmacist. Other schedule II controlled substance prescription forms may be accepted by a pharmacist and the schedule II controlled substance may be dispensed by such pharmacist in accordance with regulations promulgated by the board. 26-4-81. (a) In accordance with this Code section, a pharmacist may substitute a drug with the same generic name in the same strength, quantity, dose, and dosage form as the prescribed brand name drug product which is,

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in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (b) If a practitioner of the healing arts prescribes a drug by its generic name, the pharmacist shall dispense the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, pharmaceutically equivalent. (c) Substitutions as provided for in subsections (a) and (b) of this Code section are authorized for the express purpose of making available to the consumer the lowest retail priced drug product which is in stock and which is, in the pharmacist's reasonable professional opinion, both therapeutically equivalent and pharmaceutically equivalent. (d) Whenever a substitution is made, the pharmacist shall record on the original prescription the fact that there has been a substitution and the identity of the dispensed drug product and its manufacturer. Such prescription shall be made available for inspection by the board or its representative in accordance with the rules of the board. (e) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. (f) A patient for whom a prescription drug order is intended may instruct a pharmacist not to substitute a generic name drug in lieu of a brand name drug. (g) A practitioner of the healing arts may instruct the pharmacist not to substitute a generic name drug in lieu of a brand name drug by including the words 'brand necessary' in the body of the prescription. Such indication of brand necessary must be in the practitioner's own handwriting and shall not be printed, applied by rubber stamp, or any such similar means. (h) The substitution of any drug by a registered pharmacist pursuant to this Code section does not constitute the practice of medicine. 26-4-82. (a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment. (b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern

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under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs. (c) In the dispensing of all prescription drug orders: (1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient; (2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times; (3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order; (4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and (5) Pharmacy technicians in the dispensing area shall be easily identifiable. (d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of two pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. (e) In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern. 26-4-83. (a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section and rules and regulations established by the board upon the failure to maintain an appropriate patient record system. (b) A patient record system shall be maintained by all pharmacies for patients for whom prescription drug orders are dispensed. The patient record system shall provide for the immediate retrieval of information

Page 718

necessary by the pharmacist to identify previously dispensed drugs at the time a prescription drug order is presented for dispensing. The pharmacist or the pharmacist's designee shall make a reasonable effort to obtain, record, and maintain the following information: (1) The full name of the patient for whom the drug is intended; (2) The address and telephone number of the patient; (3) The date of birth of the patient; and (4) The gender of the patient. (c) The pharmacist shall make a reasonable effort to obtain from the patient or the patient's agent and shall record any known allergies, drug reactions, idiosyncrasies, and chronic conditions or disease states of the patient and identify any other drugs, including over-the-counter drugs or devices, currently being used by the patient which may relate to prospective drug use review unless the patient or the patient's agent refuses to provide such information. The pharmacist shall make a reasonable effort to obtain, record, and maintain the following information: (1) A list of all prescription drug orders obtained by the patient at the pharmacy where the prescription drug order is being filled for at least the preceding two years, showing the prescription number, the name and strength of the drug, the quantity and date dispensed, and the name of the prescribing practitioner; and (2) Comments from the pharmacist relevant to the individual's drug therapy, including any other information peculiar to the specific patient or drug. (d) A patient record shall be maintained for a period of not less than two years from the date of the last entry in the profile record. This record may be a hard copy of a computerized form. 26-4-84. (a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to review patient records and prescription drug orders. (b) A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying: (1) Overutilization or underutilization; (2) Therapeutic duplications; (3) Drug-disease contraindications;

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(4) Drug-drug interactions; (5) Incorrect drug dosage, dosage form, or duration of drug therapy; (6) Drug-allergy interactions; and (7) Clinical abuse or misuse. (c) Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include consultation with the prescribing practitioner. 26-4-85. (a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to offer to counsel patients. (b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of the pharmacist shall personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following: (1) The name and description of the drug; (2) The dosage form, dose, route of administration and duration of therapy; (3) The intended use of the drug and expected action or result; (4) Any special directions or precautions for preparation, administration or use by the patient; (5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs; (6) Techniques for self-monitoring of drug therapy; (7) The proper storage of the drug; (8) Prescription refill information; (9) The action to be take in the event of a missed dose; and (10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug.

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(c) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available. (d) Patient counseling, as described in this Code section, shall not be required for: (1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs; (2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or (3) Patients receiving drugs from the Department of Human Resources Division of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-26.1 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section. (e) A pharmacist shall not be required to counsel a patient or the caregiver of the patient when the patient or the caregiver of the patient refuses such consultation or counseling. 26-4-86. The board may establish regulations governing the compounding of medication by pharmacists and pharmacies licensed in this state. 26-4-87. The board shall promulgate rules and regulations governing the appropriate and proper storage and handling of controlled substances and dangerous drugs as defined in Chapter 13 of Title 16 which are consistent with those standards established by the United States Pharmacopeial Convention. 26-4-88. (a) No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy intern dispensing such items in accordance with this chapter. (b) This chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 26-4-130. (c) Nothing in this Code section shall prohibit any person from assisting any duly licensed pharmacist or practitioner, provided that such duly licensed pharmacist or practitioner shall be physically present in the prescription area and actually observing the actions of such person

Page 721

performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner. (d) With respect to pharmacy technicians, the following functions require the professional judgment of a pharmacist, or pharmacy intern under the supervision of a pharmacist, and may not be performed by a pharmacy technician: (1) Acceptance of initial oral prescriptions; (2) Certification of a filled or finished prescription or prescription drug order; (3) Weighing or measuring active ingredients without a mechanism of verification; (4) Reconstitution of prefabricated medication without a mechanism of verification; (5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization; (6) Entry of orders on patient medication profiles without verification by a pharmacist; and (7) Provision of drug information that has not been prepared or approved by the pharmacist. 26-4-89. Any person who shall sells or dispenses drugs by the use of vending machines shall be guilty of a misdem[UNK]eanor. 26-4-90. Nothing in this chapter shall be interpreted to prohibit a pharmacist or pharmacy from being remunerated for professional pharmacy care services. ARTICLE 6 26-4-110. (a) All facilities engaged in the manufacture, production, sale, or distribution of drugs or devices utilized in the practice of pharmacy or pharmacies where drugs or devices are dispensed or pharmacy care is provided shall be licensed by the board and shall biennially renew their license with the board. Where operations are conducted at more than one location, each such location shall be licensed by the board. (b) The board may by rule determine the licensure classifications of all persons and facilities licensed as a pharmacy under this article, and establish minimum standards for such persons and facilities.

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(c) (1) The board shall establish by rule, under the powers granted to it under Article 2 of this chapter and as may be required from time to time under federal law the criteria which each person must meet to qualify for licensure as a pharmacy in each classification. The board may issue licenses with varying restrictions to such persons where the board deems it necessary. (2) All applications for a new license shall be accompanied by a fee. Upon the filing of an application for a license, the board may cause a thorough investigation of the applicant to be made, and, if satisfied that the applicant possesses the necessary qualifications and that the pharmacy will be conducted in accordance with law, shall issue a license. (d) Each pharmacy shall have a pharmacist in charge. Whenever an applicable rule requires or prohibits action by a pharmacy, responsibility shall be that of the owner and the pharmacist in charge of the pharmacy, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. (e) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pharmacy. (f) The board may deny or refuse to renew a pharmacy license if it determines that the granting or renewing of such license would not be in the public interest. (g) It shall be unlawful for any person in connection with any place of business or in any manner to take, use, or exhibit the title `drug store,' `pharmacy,' apothecary,' or any combination of such titles or any title or designation of like import or other term to take the place of such title, unless such place of business is licensed as a pharmacy under the provisions of this chapter, has submitted a written request to the board and received a waiver from this subsection, or meets the provisions of any rule or regulation regarding use of such titles and promulgated by the board. (h) Every pharmacy licensed under this chapter shall have a prescription department which shall be kept clean and free of all materials not currently in use in the practice of compounding or preparing a medication for dispensing. The space behind the prescription counter shall be kept free of obstruction at all times. (i) During hours of operation, every pharmacy licensed pursuant to this chapter shall have a prescription department under the personal supervision of a duly licensed pharmacist who shall have personal supervision of not more than one pharmacy at the same time, provided that nothing in this chapter shall be construed to prohibit any pharmacist from having personal supervision of a pharmacy located in a

Page 723

hospital, nursing home, college of pharmacy, or a pharmacy owned and operated directly by a health maintenance organization. Every pharmacy licensed under this chapter, except those located within and owned and operated by a duly licensed and accredited hospital, nursing home, or college of pharmacy or a pharmacy complying with subsection (j) of this Code section, shall have a prescription department open for business at all times that the business establishment is open to the public, except that during temporary absences of any licensed pharmacist not to exceed three hours daily or more than one and one-half hours at any one time the prescription department shall be closed and no prescription shall be filled or dispensed. (j) If a pharmacy is located in a general merchandising establishment, or if the owner of the pharmacy so chooses, a portion of the space of the business establishment may be set aside and permanently enclosed or otherwise secured. Only that permanently enclosed or otherwise secured area shall be subject to the provisions of this chapter and shall be registered as a pharmacy. In such case, the area to be registered as a pharmacy shall be permanently enclosed with a partition built from the floor to the ceiling or otherwise secured in a manner as provided by the board through rules and regulations. Identification of the area by the use of the words `drug,' `medicine,' `drug store,' `apothecary,' `pharmacy,' or other such terms shall be restricted to the prescription department area licensed as a pharmacy by the board. 26-4-111. (a) The board shall specify by rule the pharmacy licensure procedures to be followed, including but not limited to specification of forms for use in applying for such licensure and times, places, and applicable fees. (b) Applicants for licensure to distribute, manufacture, sell, purchase, or produce drugs or devices within this state shall file with the board a verified application containing such information as the board requires of the applicant relative to the qualifications for a license. (c) Pharmacy licenses issued by the board pursuant to this chapter shall not be transferable or assignable. (d) The board shall specify by rule minimum standards for responsibility of any person or pharmacy that has employees or personnel engaged in the practice of pharmacy, manufacture, distribution, production, sale, or use of drugs or devices in the conduct of their business. If the licensed person is a pharmacy located in this state, that portion of the facility to which such license applies shall be operated only under the direct supervision of a pharmacist licensed to practice in this state. 26-4-112. The board shall be notified immediately upon the occurrence of any of the following:

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(1) Permanent closing of a licensed pharmacy; (2) Change of ownership, management, or location of a licensed pharmacy; (3) Change of the pharmacist in charge of a licensed pharmacy; (4) Any theft or loss of drugs or devices of a licensed pharmacy; (5) Any known conviction of any employee of a licensed pharmacy of any state or federal drug laws; (6) Disasters, accidents, theft, destruction, or loss of records of a licensed pharmacy required to be maintained by state or federal law; (7) Occurrence at a licensed pharmacy of a significant adverse drug reaction as defined by rules of the board; or (8) Any and all other matters and occurrences at a licensed pharmacy as the board may require by rule. 26-4-113. (a) No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board. (b) Except where otherwise permitted by law, it shall be unlawful for a manufacturer, wholesale distributor, or a reverse drug distributor to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor. (c) The board may suspend, revoke, deny, or refuse to renew the pharmacy license of, reprimand, issue a letter of concern to, or fine any person licensed under this article on any of the following grounds: (1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances; (2) Any felony convictions under federal or state laws; (3) The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution; (4) Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances;

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(5) Obtaining any remuneration by fraud, misrepresentation, or deception; (6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices; (7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided; (8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or (9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter. (d) Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board. 26-4-114. (a) A pharmacy located within and owned and operated by a school or college of pharmacy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit. (b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs. (c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies. 26-4-115. (a) All persons, firms, or corporations, whether located in this state or in any other state, engaged in the business of selling or distributing drugs at wholesale in this state, in the business of supplying drugs to manufacturers, compounders, and processors in this state, or in the business of a reverse drug distributor shall biennially register with the board as a drug wholesaler, distributor, reverse drug distributor, or supplier. The application for registration shall be made on a form to be prescribed and furnished by said board and shall show each place of business of the applicant for registration, together with such other

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information as may be required by the board. The application shall be accompanied by a fee in an amount established by the board for each place of business registered by the applicant. Such registration shall not be transferable and shall expire on the expiration date established by the joint-secretary. Registration shall be renewed pursuant to the rules and regulations of the board and a renewal fee prescribed by the board shall be required. If not renewed, the registration shall lapse and become null and void. Registrants shall be subject to such rules and regulations with respect to sanitation or equipment as the board may, from time to time, adopt for the protection of the public health and safety. Such registration may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with any law of this state, the United States, or any other state having to do with the control of pharmacists, pharmacies, wholesale distribution, or reverse drug distribution of controlled substances or dangerous drugs as defined in Chapter 13 of Title 16; if the registrant fails to comply with any rule or regulation promulgated by the board; or if any registration or license issued to the registrant under the federal act is suspended or revoked. (b) Every drug wholesaler, distributor, or supplier registered as provided in Chapter 13 of Title 16 or in subsection (a) of this Code section, except reverse drug distributors, shall: (1) Submit reports, upon request from the Georgia Drugs and Narcotics Agency, to account for all transactions with licensed persons or firms located within this state; such reportable transactions shall include all dangerous drugs and controlled substances as defined in Chapter 13 of Title 16. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency; and (2) Automatically submit reports of any excessive purchases of controlled substances by licensed persons or firms located within this state using the federal Drug Enforcement Administration guidelines to define `excessive purchases' as set forth under the provisions of 21 C.F.R. Sec. 1301. Such reports shall be submitted to the Georgia Drugs and Narcotics Agency. (c) The board shall be authorized to promulgate rules and regulations to facilitate compliance with this Code section. (d) The provisions of subsection (b) of this Code section shall not apply to any wholesaler, manufacturer, distributor, or supplier who only ships controlled substances directly to a licensed wholesaler within this state. (e) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $25,000.00, or both.

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(f) Any practitioner who knowingly transfers any controlled substance or dangerous drug as such terms are defined in Chapter 13 of Title 16 by purchasing from or returning to a person, firm, or corporation which is not registered as required in subsection (a) of this Code section or as required in Chapter 13 of Title 16 shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $10,000.00, or both. 26-4-116. (a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from a pharmacy licensed in this state only in accordance with the provisions of this Code section. (b) The medical director of an emergency service provider and the issuing pharmacy must have a signed contract or agreement designating the issuing pharmacy as the provider of drugs and consultant services and a copy must be filed with the state board and the Department of Human Resources prior to any drugs being issued. The medical director of an emergency service provider may only have one contractual relationship with one pharmacy per county serviced by such emergency service provider. (c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of the issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition. (d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs. (e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use. (f) A pharmacist from the contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that: (1) Drugs are properly stored, especially those requiring special storage conditions;

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(2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced. (g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board. 26-4-117. (a) It shall be the duty of the prosecuting attorney of the court of competent jurisdiction to whom the board or some other person shall report a violation of this chapter to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided. (b) The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law. ARTICLE 7 26-4-130. (a) For purposes of this Code section, the term: (1) `Drugs' means drugs as defined in this chapter and controlled substances as defined in Article 2 of Chapter 13 of Title 16. (2) `Practitioner' or `practitioner of the healing arts' means, notwithstanding Code Section 26-4-5, a person licensed as a dentist, physician, podiatrist, or veterinarian under Chapter 11, 34, 35, or 50, respectively, of Title 43. (b) The other provisions of this chapter and Article 3 of Chapter 13 of Title 16 shall not apply to practitioners of the healing arts prescribing or compounding their own prescriptions and dispensing drugs except as provided in this Code section. Nor shall such provisions prohibit the administration of drugs by a practitioner of the healing arts or any person under the supervision of such practitioner or by the direction of such practitioner except as provided in this Code section. Any term used in this subsection and defined in Code Section 43-34-26.1 shall have the meaning provided for such term in Code Section 43-34-26.1. The other provisions of this chapter and Articles 2 and 3 of Chapter 13 of Title 16 shall not apply to persons authorized by Code Section 43-34-26.1 to order, dispense, or administer drugs when such persons order, dispense,

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or administer those drugs in conformity with Code Section 43-34-26.1. When a person dispenses drugs pursuant to the authority delegated to that person under the provisions of Code Section 43-34-26.1, with regard to the drugs so dispensed, that person shall comply with the requirements placed upon practitioners by subsections (c) and (d) of this Code section. (c) All practitioners who dispense drugs shall comply with all record-keeping, labeling, packaging, and storage requirements imposed upon pharmacists and pharmacies with regard to such drugs pursuant to this chapter and Chapter 13 of Title 16. (d) All practitioners who dispense drugs shall make all records required to be kept under subsection (c) of this Code section available for inspection by the board. (e) Any practitioner who desires to dispense drugs shall notify, at the time of the renewal of that practitioner's license to practice, that practitioner's respective examining board of that practitioner's intention to dispense drugs. That examining board shall notify the board regarding each practitioner concerning whom that board has received a notification of intention to dispense drugs. The examining board's notification shall include the following information: (1) The name and address of the practitioner; (2) The state professional license number of the practitioner; (3) The Practitioner's Drug Enforcement Administration license number; and (4) The name and address of the office or facility from which such drugs shall be dispensed and the address where all records pertaining to such drugs shall be maintained. (f) The board shall have the authority to promulgate rules and regulations governing the dispensing of drugs pursuant to this Code section. (g) This Code section shall not apply to practitioners who provide to their patients at no cost manufacturer's samples of drugs. 26-4-131. The examination of specimens of foods, drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such

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analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed. ARTICLE 8 26-4-140. This article shall be known and may be cited as the `Third-party Prescription Program Law of 1983.' 26-4-141. The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators. 26-4-142. As used in this article, the term: (1) `Administrator' means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both. (2) `Commissioner' means the Commissioner of Insurance. (3) `Contract' means a program contract. (4) `Enrollee' means a consumer who receives pharmaceuticals under a program. (5) `Participating pharmacy' means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program. (6) `Pharmaceuticals' means drugs, devices, or services available from a pharmacy. (7) `Prevailing rate' means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than

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enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less. (8) `Program' means a third-party prescription program. (9) `Program contract' means that contract creating rights and obligations between a participating pharmacy and a program or administrator. (10) `Program identification card' means a document which identifies enrollees as participants in a program. (11) `Third-party prescription program' means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others. 26-4-143. (a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner, in a manner provided by the Commissioner, and is approved by the Commissioner as complying with the requirements of this article. (b) (1) A program contract existing immediately prior to January 1, 1984, shall be exempt from the requirements of this article but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval. (2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the `Georgia Medical Assistance Act of 1977,' shall be exempt from the requirements of this article. (3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article. (c) A program approved by the Commissioner may have that approval revoked or suspended if it fails to meet any requirements therefor

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specified in this article or if it fails to be administered in conformity with those requirements. (d) Disapproval or revocation or suspension of approval of a program by the Commissioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 26-4-144. (a) A program offered in this state and not exempt under subsection (b) of Code Section 26-4-143 shall provide all of the following: (1) A statement of the method, frequency, and amount of claim reimbursement to participating pharmacies; (2) That any valid claim for pharmaceuticals under this program will be paid to a participating pharmacy within 30 days after the claim is received by the administrator if that claim is complete, accurate, and legible, as determined by the administrator; (3) That any valid claim not paid as required in paragraph (2) of this Code section shall be subject to interest at the rate specified in paragraph (1) of subsection (b) of Code Section 33-25-10, relating to payment of interest on life insurance proceeds; (4) That reimbursement rates for pharmaceuticals shall not be less than the prevailing rates therefor paid by consumers who are not enrollees; (5) That each participating pharmacy and enrollee will be notified in writing by the administrator of the cancellation of any program at least 30 days prior to the effective date of cancellation, except that where the administrator is not notified of such cancellation at least 30 days prior to the effective date of cancellation, the written notice shall be provided within 30 days after the administrator received his notification; (6) That program identification cards issued to an enrollee show an expiration date; (7) That the administrator shall make reasonable efforts to gain possession of all program identification cards upon cancellation of a program for which the cards were issued; (8) That a valid claim by a participating pharmacy will not be denied upon the basis of the fraudulent use of a program identification card; (9) That at least 30 days prior to the date a program becomes effective, the program contract therefor shall be offered to all pharmacies located within those counties wherein reside enrollees in that program, which pharmacies shall have at least 30 days from the

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time they receive the offer to accept that offer and become participating pharmacies; (10) That any audit by a program to verify claims by a participating pharmacy shall comply with generally accepted accounting principles and procedures but shall not extrapolate randomly sampled data as a basis for reimbursement from the pharmacy which is audited or from one participating pharmacy to be the corresponding data for another participating pharmacy. In the event a claim against a participating pharmacy for reimbursement is based upon a program audit, the administrator of the program shall submit details of the audit to that participating pharmacy, and any dispute relating thereto shall be resolved under the dispute resolution procedures required under paragraph (11) of this subsection, with the Commissioner to render a final binding decision in the dispute if either party is dissatisfied with the outcome under the dispute resolution procedure; and (11) A dispute resolution procedure for disputes between the program or administrator and participating pharmacies and between the program or administrator and enrollees. (b) A program which meets the requirements of subsection (a) of this Code section shall not be administered except in conformity with those requirements, and the administration of that program except in conformity with those requirements shall constitute a violation of this Code section by the administrator of that program. 26-4-145. A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals. 26-4-146. (a) On and after January 1, 1984, no person, corporation, or business entity shall serve as administrator of a program which has no administrator registered under this Code section unless that person, corporation, or business entity is registered as administrator of that program with the Commissioner. (b) No administrator may be registered unless the administrator gives bond to the Commissioner conditioned to pay all losses, damages, and expenses incurred as a result of any violation of this article by the administrator or the program being administered thereby. The bond shall be with a surety approved by the Commissioner in the amount of $200,000.00 or the total annual payments made in the immediately preceding year by all programs administered by that administrator, whichever is greater; provided, however, if the administrator is an

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insurance company licensed to transact insurance in this state or if the administrator is a self-insurer and is approved by the Commissioner, then such administrator shall not be required to give bond to the Commissioner. (c) No program shall be required to have more than one administrator registered and bonded under this Code section. (d) An administrator may have his registration suspended or revoked by the Commissioner upon any violation of this article by the administrator or when any program administered by the administrator fails to conform to the requirements of this article. The refusal by the Commissioner to register an administrator and the suspension or revocation of an administrator's registration shall constitute a contested case for purposes of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' (e) Records, information, and other identifying matter obtained through the submission of a claim for reimbursement by a participating pharmacy shall be used exclusively and solely for the purposes of verification and payment to the participating pharmacy and policy-holder and for no other purposes. 26-4-147. No enroller may utilize a program identification card to obtain pharmaceuticals after the program has been canceled and after the enrollee has received notification of the cancellation, and if such card is so utilized, that enrollee shall be liable to the administrator of that program for the cost of those pharmaceuticals. 26-4-148. (a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor. (b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article. (c) Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees. (d) An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County.

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(e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law. ARTICLE 9 26-4-160. No person shall furnish by retail sale any poison enumerated in this Code section without distinctly labeling the bottle, box, vessel, or paper in which the poison is contained, and also the outside wrapper or cover thereof, with the name of the article, the word `Poison,' and the name and place of business of the person who furnishes the same; and no poison shall be furnished unless upon due inquiry it shall be found that the person to whom it is delivered is aware of its poisonous character and shall represent that it is to be used for a legitimate purpose: (1) Schedule `A.' Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; and (2) Schedule `B.' Aconite, belladonna, colchicum, conium, nux vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid. 26-4-161. No licensed pharmacist shall sell or deliver any of the poisons included in paragraph (1) of Code Section 26-4-160 without first making an entry in a book for that purpose, stating the date of the delivery, the name and address of the person receiving the poison, the name and quantity of the poison, the purpose for which it is represented by such person to be required, and the name of the dispenser. Such book shall always be open for inspection by the proper authorities and shall be preserved for reference for at least five years. 26-4-162. This article shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescriptions of practitioners of the healing arts. 26-4-163. Any person violating this article shall be guilty of a misdemeanor.

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SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. INSURANCEHEALTH; MENTAL DISORDERS; AVAILABLE COVERAGE. Code Section 33-24-28.1 and 33-24-29 Amended. Code Section 33-24-29.1 Enacted. No. 813 (Senate Bill No. 620). AN ACT To amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to change certain provisions relating to coverage of treatment of mental disorders; to provide for available coverage of treatment of mental disorders under certain small group policies; to provide for available coverage of treatment of mental disorders under certain large group policies; to provide for legislative intent; to provide for related matters; to provide for contingent repeal of certain provisions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, is amended by striking Code Section 33-24-28.1, relating to coverage of treatment of mental disorders, and inserting in lieu thereof the following: (a) As used in this Code section, the term: (1) `Accident and sickness insurance benefit plan, policy, or contract' means: (A) An individual accident and sickness insurance policy or contract, as defined in Chapter 29 of this title; or (B) Any similar individual accident and sickness benefit plan, policy, or contract. (2) `Mental disorder' shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric

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Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation. (b) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1984, coverage for the treatment of mental disorders, which coverage shall be at least as extensive and provide at least the same degree of coverage as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. In no event shall such an insurer be required to cover inpatient treatment for more than a maximum of 30 days per policy year or outpatient treatment for more than a maximum of 48 visits per policy year under individual policies. (c) The optional endorsement required to be made available under subsection (b) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to the treatment of mental disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (d) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (e) Nothing in this Code section shall be construed to prohibit the inclusion of coverage for the treatment of mental disorders that differs from the coverage provided in the same insurance plan, policy, or contract for physical illnesses if the policyholder does not purchase the optional coverage made available pursuant to this Code section. SECTION 2 . Said article is further amended by striking Code Section 33-24-29, relating to medicare supplement health insurance, which reads as follows:

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33-24-29. Reserved. and inserting in lieu thereof the following: 33-24-29. (a) As used in this Code section, the term: (1) `Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title; (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 nonprofit medical service corporation established under Chapter 18 of this title; (E) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (F) Any similar group accident and sickness benefit plan, policy, or contract. (2) `Mental disorder' shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation. (b) This Code section shall apply only to accident and sickness insurance benefit plans, policies, or contracts, certificates evidencing coverage under a policy of insurance, or any other evidence of insurance issued by an insurer, delivered, or issued for delivery in this state, except for policies issued to an employer in another state which provide coverage for employees in this state who are employed by such employer policyholder, providing major medical benefits covering small groups as defined in subsection (a) of Code Section 33-30-12. (c) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1998, coverage for the treatment of mental disorders, which coverage shall be at least as extensive and provide at least the same degree of coverage and the same

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annual and lifetime dollar limits, but which may provide for different limits on the number of inpatient treatment days and outpatient treatment visits, as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (d) (1) The optional endorsement required to be made available under subsection (c) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages which apply to the treatment of mental disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract, except for any differing limits on inpatient treatment days and outpatient treatment visits as provided under subsection (c) of this Code section and as otherwise provided in paragraph (2) of this subsection. (2) The optional endorsement required to be made available under subsection (c) of this Code section may contain deductibles or coinsurance provisions which apply to the treatment of mental disorders, and such deductibles or coinsurance provisions need not apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided, however, that if a separate deductible applies to the treatment of mental disorders, it shall not exceed the deductible for medical or surgical coverages. A separate out-of-pocket limit may be applied to the treatment of mental disorders, which limit, in the case of an indemnity type plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages and which, in the case of a health maintenance organization plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages or the amount of $2,000.00 in 1998 and as annually adjusted thereafter according to the Consumer Price Index for health care, whichever is greater. (e) (1) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section.

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(2) Nothing in this Code section shall be construed to prohibit any person issuing an accident and sickness insurance benefit plan, policy, or contract from providing the coverage required to be made available under subsection (c) of this Code section through an indemnity plan with or without designating preferred providers of services or from arranging for or providing services instead of indemnifying against the cost of such services, without regard to whether such method of providing coverage for treatment of mental disorders applies generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (f) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (c) and (d) of this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or make available such coverage to any insured under such group or blanket plan, policy, or contract. (g) The Commissioner shall collect such data and perform such studies as are necessary to determine the effect, if any, of the coverage provided by the optional endorsement required to be made available under this Code section on premiums for blanket accident and sickness benefit plans, policies, or contracts for the period July 1, 1998, through October 1, 1999, and shall submit a written report of his or her findings regarding the same to the General Assembly not later than December 1, 1999. If the Commissioner finds and reports that as an effect of such coverage such premiums increased on average at an annual rate exceeding two percent for such period, this Code section shall stand repealed on January 1, 2000. (h) This Code section is neither enacted pursuant to nor intended to implement the provisions of any federal law. SECTION 3 . Said article is further amended by adding a new Code Section 33-24-29.1 to read as follows: 33-24-29.1. (a) As used in this Code section, the term: (1) `Accident and sickness insurance benefit plan, policy, or contract' means: (A) A group or blanket accident and sickness insurance policy or contract, as defined in Chapter 30 of this title;

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(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 nonprofit medical service corporation established under Chapter 18 of this title; (E) A group contract of the type issued by a health maintenance organization established under Chapter 21 of this title; or (F) Any similar group accident and sickness benefit plan, policy, or contract. (2) `Mental disorder' shall have the same meaning as defined by The Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association) or The International Classification of Diseases (World Health Organization) as of January 1, 1981, or as the Commissioner may further define such term by rule and regulation. (b) This Code section shall apply only to accident and sickness insurance benefit plans, policies, or contracts, certificates evidencing coverage under a policy of insurance, or any other evidence of insurance issued by an insurer, delivered, or issued for delivery in this state, except for policies issued to an employer in another state which provide coverage for employees in this state who are employed by such employer policyholder, providing major medical benefits covering all groups except small groups as defined in subsection (a) of Code Section 33-30-12. (c) Every insurer authorized to issue accident and sickness insurance benefit plans, policies, or contracts shall be required to make available, either as a part of or as an optional endorsement to all such policies providing major medical insurance coverage which are issued, delivered, issued for delivery, or renewed on or after July 1, 1998, coverage for the treatment of mental disorders, which coverage shall be at least as extensive and provide at least the same degree of coverage and the same annual and lifetime dollar limits as that provided by the respective plan, policy, or contract for the treatment of other types of physical illnesses. Such an optional endorsement shall also provide that the coverage required to be made available pursuant to this Code section shall also cover the spouse and the dependents of the insured if the insured's spouse and dependents are covered under such benefit plan, policy, or contract. (d) (1) The optional endorsement required to be made available under subsection (c) of this Code section shall not contain any exclusions, reductions, or other limitations as to coverages, including without limitation limits on the number of inpatient treatment days

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and outpatient treatment visits, which apply to the treatment of mental disorders unless such provisions apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract, except as otherwise provided in paragraph (2) of this subsection. (2) The optional endorsement required to be made available under subsection (c) of this Code section may contain deductibles or coinsurance provisions which apply to the treatment of mental disorders, and such deductibles or coinsurance provisions need not apply generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract; provided, however, that if a separate deductible applies to the treatment of mental disorders, it shall not exceed the deductible for medical or surgical coverages. A separate out-of-pocket limit may be applied to the treatment of mental disorders, which limit, in the case of an indemnity type plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages and which, in the case of a health maintenance organization plan, shall not exceed the maximum out-of-pocket limit for medical or surgical coverages or the amount of $2,000.00 in 1998 and as annually adjusted thereafter according to the Consumer Price Index for health care, whichever is greater. (e) (1) Nothing in this Code section shall be construed to prohibit an insurer, nonprofit corporation, health care plan, health maintenance organization, or other person issuing any similar accident and sickness insurance benefit plan, policy, or contract from issuing or continuing to issue an accident and sickness insurance benefit plan, policy, or contract which provides benefits greater than the minimum benefits required to be made available under this Code section or from issuing any such plans, policies, or contracts which provide benefits which are generally more favorable to the insured than those required to be made available under this Code section. (2) Nothing in this Code section shall be construed to prohibit any person issuing an accident and sickness insurance benefit plan, policy, or contract from providing the coverage required to be made available under subsection (c) of this Code section through an indemnity plan with or without designating preferred providers of services or from arranging for or providing services instead of indemnifying against the cost of such services, without regard to whether such method of providing coverage for treatment of mental disorders applies generally to other similar benefits provided or paid for under the accident and sickness insurance benefit plan, policy, or contract. (f) The requirements of this Code section with respect to a group or blanket accident and sickness insurance benefit plan, policy, or contract shall be satisfied if the coverage specified in subsections (c) and (d) of

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this Code section is made available to the master policyholder of such plan, policy, or contract. Nothing in this Code section shall be construed to require the group insurer, nonprofit corporation, health care plan, health maintenance organization, or master policyholder to provide or make available such coverage to any insured under such group or blanket plan, policy, or contract. (g) The Commissioner shall collect such data and perform such studies as are necessary to determine the effect, if any, of the coverage provided by the optional endorsement required to be made available under this Code section on premiums for blanket accident and sickness benefit plans, policies, or contracts for the period July 1, 1998, through October 1, 1999, and shall submit a written report of his or her findings regarding the same to the General Assembly not later than December 1, 1999. If the Commissioner finds and reports that as an effect of such coverage such premiums increased on average at an annual rate exceeding two percent for such period, this Code section shall stand repealed on January 1, 2000. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. GENERAL PROVISIONSHOLIDAYS AND OBSERVANCES; BILL OF RIGHTS DAY DESIGNATED. Code Section 1-4-13 Enacted. No. 814 (House Bill No. 1434). AN ACT To amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to designate Bill of Rights Day; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, is amended by adding a new Code section to be designated Code Section 1-4-13 to read as follows: 1-4-13. (a) The State of Georgia recognizes the first ten amendments to the Constitution of the United States as vitally important in articulating and ensuring fundamental human rights. These first ten amendments,

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known collectively as the Bill of Rights, were ratified on December 15, 1791. (b) To affirm the fundamental freedoms embodied in the Bill of Rights, celebrate the anniversary of ratification, and commemorate the sacrifices made to preserve these essential rights, December 15 of each year is designated `Bill of Rights Day' in Georgia. The citizens of this state are encouraged to observe the day by reflecting upon the meaning and importance of the Bill of Rights. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. REVENUE AND TAXATIONINCOME TAX; CREDITS FOR INCREASING EXPORTS FROM GEORGIA BUSINESSES UNDER CERTAIN CONDITIONS. Code Section 48-7-40.15 Enacted. No. 815 (House Bill No. 1667). AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, so as to provide for certain alternative tax credits for increasing exports from Georgia businesses in conjunction with the addition of jobs or qualified investment property; to provide for conditions, limitations, and procedures; 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 . Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition and rate of income taxes, is amended by adding after Code Section 48-7-40.14, a new Code section to read as follows: 48-7-40.15. (a) As used in this Code section, the term: (1) `Base year port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's), of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31,

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1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) `Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, warehousing and distribution, processing, telecommunications, tourism, and research and development industries but shall not include retail businesses. (3) `Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (4) `Port traffic' means the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (5) `Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (6) `Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section. (b) (1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 for jobs added at any time between January 1, 1998, and July 1, 2002, there shall be allowed a credit against the tax imposed under this article as follows: (A) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a job

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tax credit for taxes imposed under this article equal to $3,500.00 annually; (B) Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $3,000.00 annually; and (C) Business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 and shall be in lieu of and not in addition to the credit allowed under Code Section 48-7-40; provided, however, such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time between January 1, 1998, and July 1, 2002, there shall be allowed a credit against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall also be in lieu of and not in addition to the credit authorized under Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9. (d) No business enterprise shall be authorized to claim the credits provided for in both subsections (b) and (c) of this Code section on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic, has increased employment by 400 or more no sooner than January 1, 1998, and has purchased or acquired qualified investment property having an aggregate cost in excess of $20 million no sooner than January 1, 1998. (e) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which

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shall set forth the following information, as a minimum, in addition to the information required under Code Sections 48-7-40 and 48-7-40.2 or 48-7-40.7: (A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (2) (A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-7-40 and this Code section, respectively. (B) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified investment property was acquired, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (3) (A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-7-40, 48-7-40.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable

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to income derived from operations in this state for that taxable year. (C) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall be applicable to all taxable years beginning on or after January 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. EDUCATIONSERVICE CANCELABLE EDUCATIONAL LOANS FOR GEORGIA NATIONAL GUARD MEMBERS. Code Section 20-2-374 Amended. No. 816 (House Bill No. 1516). AN ACT To amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, so as to change the provisions relating to service cancelable educational loans for eligible members of the Georgia National Guard; to provide for legislative findings and intent; to provide for procedures and administration; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The General Assembly finds that a fully-staffed, experienced, and well-organized National Guard is vital to the security and safety of the citizens of the nation and the state. A reduction in the manpower of the National Guard could result in the closing of certain military operations in this state causing severe economic hardship to certain counties and municipalities. It is imperative that the state remain competitive with other states and establish a recruitment and retention program to adequately staff the Georgia National Guard. The General Assembly declares that it is the intent of this Act that the Georgia Student Finance Authority exercise its authority to the fullest extent to facilitate the granting, processing, and

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renewal of service cancelable loans to eligible members of the Georgia National Guard as authorized in this Act. SECTION 2 . Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to the service cancelable loan fund and authorized types of service cancelable educational loans, is amended by striking in its entirety paragraph (2) of subsection (b) and inserting in lieu thereof a new paragraph (2) to read as follows: (2)GEORGIA NATIONAL GUARD MEMBERS. To the extent that funds are appropriated, the authority is authorized to make service cancelable educational loans to residents of Georgia who are eligible members of the Georgia National Guard and who are enrolled at the undergraduate level in a private or public college or public postsecondary technical or vocational school located in the state. Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the tuition charged by the University of Georgia for the period of enrollment at the university, whichever is less. Students eligible for the HOPE scholarship or HOPE grant at an eligible public or private postsecondary institution are not eligible to receive this loan during a school term in which they are receiving HOPE scholarship or HOPE grant funds. A loan recipient shall not be eligible to receive loan assistance provided for in this paragraph for more than five academic years of study. Educational loans may be made to full-time and half-time students. Upon the recipient's attainment of a baccalaureate degree from an institution or cessation of status as an active member, whichever occurs first, the loan provided by this paragraph shall be discontinued. The loan provided by this paragraph may be suspended at the discretion of the authority for a recipient's failure to maintain good military standing as an active member or failure to maintain sufficient academic standing and good academic progress and program pursuit. Such loans shall be repayable in cash, with interest thereon, or, upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, shall be canceled in consideration of the student's retaining membership in the Georgia National Guard during the period in which the loan is applicable. The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility

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for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. EDUCATIONPROFESSIONAL EDUCATOR PRACTICES AND STANDARDS; REGULATION OF PROFESSIONAL PERFORMANCE AND CONDUCT; PROFESSIONAL PRACTICES COMMISSION ABOLISHED; ADDITIONAL DUTIES ASSIGNED TO PROFESSIONAL STANDARDS COMMISSION; HEARINGS. Code Title 20, Chapter 2 Amended. Code Section 50-13-41 Amended. No. 817 (Senate Bill No. 535). AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, by repealing in its entirety Part 1 of Article 17, relating to the Professional Practices Commission; to amend Part 10 of Article 17 of Chapter 2 of Title 20, the Georgia Professional Standards Act, so as to add additional purposes; to add definitions; to authorize the Professional Standards Commission to remove any commissioner from office under certain circumstances; to authorize the commission to impose disciplinary sanctions against educators under certain circumstances and to provide consultative services on certain subjects; to require the commission to adopt standards of performance and a code of ethics for educators; to require local boards of education upon a good faith belief that an educator has committed any one of certain criminal offenses to report such matters to the commission for investigation; to authorize the commission to investigate violations by educators of various laws, codes of ethics, and other regulations of the commission; to provide a procedure for the preliminary investigation including time limits and notice requirements; to prohibit an applicant under investigation from withdrawing his or her application; to require the commission to review the report of the investigation to determine whether a particular disciplinary action should be imposed within a specified time period and to authorize an extension of time under certain circumstances; to provide for a hearing in contested cases prior to imposing a sanction; to require that all reports pertaining to the educator be expunged if no disciplinary action is taken or if the educator is exonerated after a hearing; to provide for local school board hearings; to change certain references; to amend Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of State Administrative Hearings, to repeal the provision

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which provides that the Professional Practices Commission shall convene a tribunal which shall hear all evidence and render findings of fact, conclusions of law, and recommendations in all case proceedings; to provide for transfer of pending cases from the Professional Practices Commission to the Professional Standards Commission; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by repealing in its entirety Part 1 of Article 17, relating to the Professional Practices Commission, which reads as follows: Part 1 20-2-790. This part shall be known and may be cited as the `Professional Teaching Practices Act.' 20-2-791. It is the intent and purpose of the General Assembly that the practice of teaching and the rendering of administrative and supervisory services are recognized and declared to be professional services affected with the public interest. Teaching is declared to be a profession in this state with all similar rights, responsibilities, and privileges accorded other recognized professions; and this part shall be liberally construed so as to accomplish the foregoing purpose. 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.

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(4) `Local school system' means any county school system or any independent school system of a municipality. (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. 20-2-793. (a) A Professional Practices Commission is created which shall be composed of 17 members as follows: four elementary schoolteachers, four secondary schoolteachers, one elementary school principal, one secondary school principal, two local superintendents, one representative of the Department of Education, who shall be exempt from paragraphs (3) and (4) of subsection (a) of Code Section 20-2-794, and four professional educators, who shall represent the Georgia education profession at large. (b) A panel of three nominees for each position on the commission shall be submitted to the State Superintendent by the recognized state-wide professional education organizations. From the submitted list of nominees, the State Superintendent shall recommend the appointment of an educator for membership on the commission to the state board, which shall appoint such nominee to the commission for a term of three years. A commissioner shall be eligible for reappointment, but no person shall serve on the commission for more than two full terms. (c) The commission may remove any commissioner from office for neglect of duty, incompetency, or revocation or suspension of his or her certificate issued by the Professional Standards Commission or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the state board shall appoint a successor as provided in this Code section to serve the unexpired term. (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

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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. 20-2-794. (a) To be eligible for appointment as a member of the commission, a person shall: (1) Be a citizen of the United States and a resident of this state; (2) Be certified to teach in this state; (3) Be employed in the public schools of this state at the time of appointment; and (4) Have been employed as an educator in the public schools of this state for at least five years immediately preceding his or her appointment. (b) Immediately after appointment, each member of the commission shall take or subscribe to a written oath or affirmation required by law for state officers. (c) Members of the commission 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 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

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of income or other benefits. A local board which employs a member of the commission and employs a person to replace such member 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. (d) When acting in good faith in the course of their duties at meetings or hearings of the commission, members shall be privileged in their utterances. 20-2-795. (a) It shall be the duty of the commission, by regulation, to adopt standards of performance and a code of ethics for educators. The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this state. In adopting regulations as provided in this Code section, the commission shall seek the advice of educators of this state. The standards of performance and code of ethics adopted by the commission shall be limited to professional performance and professional ethics. (b) Upon the adoption by the commission of standards of performance and a code of ethics as provided in subsection (a) of this Code section, educators of this state shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics. 20-2-795.1. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel or parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes: (1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16; (2) Any sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Sections 16-6-20 through 16-6-22.2; (3) Any sexual exploitation of a minor as provided for in Code Section 16-12-100; (4) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16; (5) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (6) Unlawfully operating a motor vehicle after being declared a habitual violator, for violating Code Section 40-5-54, Code Section

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40-6-391, Code Section 40-6-392, or Code Section 40-6-394 or any combination of such Code sections. If the local board of education determines that the reported matters warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the Professional Practices Commission with a request for investigation. The commission shall investigate and make recommendations on such reported matters in accordance with Code Sections 20-2-796 and 20-2-797. If the Professional Practices Commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the Professional Practices Commission investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to this subsection, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. (b) The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and name of any and all known witnesses; and, in so reporting, the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed. However, the willful failure of any of such local school system administrators to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-797. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law. 20-2-796. (a) Upon request as provided in subsection (b) of this Code section, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board, the commission, the Professional Standards Commission, or a local board; or (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, the Professional Standards Commission, the state board, or a local board.

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(b) The commission shall not be authorized, on its own motion, to make an investigation pursuant to subsection (a) of this Code section but may make such an investigation: (1) Upon the request of a local board; (2) Upon the request of the state board or the Professional Standards Commission; or (3) Upon the request of one or more individual residents of this state. (c) If the commission agrees to make an investigation pursuant to a request made under paragraphs (2) and (3) of subsection (b) of this Code section and if the proposed investigation involves one or more educators employed by a local board, the commission shall, prior to beginning such investigation, notify, in writing, the local board employing the educators of the following: (1) The names and addresses of the parties making the complaint that gave rise to the proposed investigation; (2) The names of the educators employed by the local board who are proposed to be investigated; and (3) An explanation of the complaint made against the educators employed by the local board. (d) In making an investigation authorized by this Code section, the commission shall: (1) Be authorized to conduct probable cause and plenary hearings; (2) Have the power to administer oaths and affirmations; and (3) Have the power to issue subpoenas in the name of the commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the superior courts. In the event any person fails or refuses to obey a subpoena issued under this paragraph, such failure or refusal shall constitute contempt of the commission. Upon application by the commission to the superior court of the county wherein such person resides or is found, the superior court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding $300.00 or by imprisonment not exceeding 20 days or by both such fine and imprisonment and to enter such other orders and take such other action as may be necessary to enforce compliance with and obedience to the subpoena. At such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena.

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(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. 20-2-797. (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 (3) That the certificates of the educators be suspended or revoked. (b) In addition to making recommendations pursuant to subsection (a) of this Code section, the commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations to the state board, to the Professional Standards Commission, or to local boards which will promote an improvement in the teaching profession. The commission shall be authorized to hold meetings for the purposes of determining

Page 758

recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers provided by subsection (d) of Code Section 20-2-796 may not be exercised pursuant to the authority of this subsection. 20-2-798. The commission shall be authorized to employ an executive director and such other professional and clerical staff as may be necessary to administer and execute the responsibilities and functions of the commission as provided by this part. The executive director and all other employees of the commission shall be members of the unclassified service of the State Merit System of Personnel Administration as provided by Chapter 20 of Title 45. The executive director and all other employees of the commission shall be members of the Employees' Retirement System of Georgia. All employer contributions to the retirement system and for social security for such employees shall be paid from funds appropriated for the operation of the commission. 20-2-799. (a) The funds necessary to carry out this part shall come from funds appropriated or otherwise made available to the commission created by this part. (b) The commission is assigned to the Department of Education for administrative purposes only as prescribed by Code Section 50-4-3. (c) The functions of the commission being in furtherance of educational purposes, the commission may accept gifts or grants of funds or property or services from any source. (d) The commission is authorized to adopt such rules and regulations as may be necessary to carry out this part. Such rules and regulations shall be adopted pursuant to and in conformity with the applicable provisions of Chapter 13 of Title 50, the `Georgia Administrative Procedure Act.' 20-2-800. (a) The commission created by this part shall be the successor to and a continuation, without interruption, of the former Professional Practices Commission created by the former Act known as the `Professional Teaching Practices Act,' approved April 19, 1967 (Ga. L. 1967, p. 840), as amended. The initial membership of the commission created by this part shall be the present membership of the former commission, and the members of the former commission shall continue to serve for the terms of office to which they were appointed. Upon the expiration of their terms of office or in the event of a vacancy, appointments of successors or to fill vacancies shall be made in accordance with this part.

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(b) All rules, regulations, standards of performance, and code of ethics which may have been adopted by the former Professional Practices Commission shall continue in effect as rules, regulations, standards of performance, and code of ethics of the commission created by this part until modified or repealed pursuant to this part. , and inserting in lieu thereof a new Part 1 to read as follows: Part 1 Reserved. SECTION 2 . Said Chapter 2 of Title 20 is further amended in Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contracts of employment, by striking paragraph (1) of subsection (e) and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The hearing shall be conducted before the local board, or the local board may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings and recommendations to the local board for its decision thereon. SECTION 3 . Said Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-982, relating to purpose of the Georgia Professional Standards Act, and inserting in lieu thereof a new Code Section 20-2-982 to read as follows: 20-2-982. The following constitute the major purposes of this part: (1) To simplify and make more efficient the process of certifying educational personnel in Georgia; (2) To attract the highest possible number of qualified personnel to become educators in Georgia; (3) To promote the hiring of qualified educators from other states to work in Georgia schools; (4) To improve the level of preparation of educators, both pre-service and in-service, by requiring for purposes of certification those essential skills and that knowledge needed to deliver effective education; (5) To adopt standards of professional performance and a code of professional ethics for educators, both of which shall represent standards of performance and conduct which are generally accepted by educators of this state;

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(6) To investigate reports of specified criminal conduct, violations of professional or ethical codes of conduct, and violations of certain rules, regulations, and policies by school system educators; (7) To enforce the requirement that local school systems promptly report specified criminal conduct of school system educators to the commission; and (8) To impose disciplinary action or a denial of a certificate against an educator. SECTION 4 . Said Chapter 2 of Title 20 is further amended by adding immediately following Code Section 20-2-982 a new Code section to be designated Code Section 20-2-982.1 to read as follows: 20-2-982.1. As used in this part, the term: (1) `Commission' means the Professional Standards 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 have been denied such certificates, permits, or other certification documents from the Professional Standards Commission. (3) `Expungement' means the records are sealed and labeled pursuant to subsection (e) of Code Section 20-2-984.5. (4) `Local board' means the board of education of any local school system. (5) `Local school system' means any county school system or any independent school system of a municipality. (6) `Local superintendent' means the school superintendent of any local school system. (7) `State board' means the State Board of Education. (8) `State superintendent' means the State School Superintendent. (9) `Teaching' means any professional service rendered or performed by an educator. SECTION 5 . Said Chapter 2 of Title 20 is further amended by adding immediately following subsection (d) of Code Section 20-2-983, relating to the Professional

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Standards Commission, a new subsection, to be designated subsection (e), and to read as follows: (e) The commission may remove any commissioner from office for neglect of duty, incompetency, or revocation or suspension of his or her certificate issued by the Professional Standards Commission or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the Governor shall appoint a successor as provided in this Code section to serve the unexpired term. SECTION 6 . Said Chapter 2 of Title 20 is further amended by striking in its entirety Code Section 20-2-984, relating to certification of personnel, and inserting in lieu thereof a new Code Section 20-2-984 to read as follows: 20-2-984. (a) The commission shall create and implement standards and procedures for certifying educational personnel as qualified for a certificate to practice in the public schools of Georgia, including the following: (1) Procedures for limiting the number and types of certificates to the fewest possible consistent with providing qualified teachers for Georgia's schools; (2) In-service training and related requirements needed to renew or maintain certification; (3) Multiple or alternative routes to professional teacher certification; and (4) Requirements, including appropriate examinations and assessments, for acquiring and maintaining certification pursuant to Code Section 20-2-200. (b) The commission shall recommend to the board of regents and private colleges and universities standards and procedures for preparing educational personnel to qualify for initial and renewable certification to practice in the public schools of Georgia, including the following: (1) Pre-service preparation; (2) Approval of teacher education programs, both graduate and undergraduate; (3) Approval of programs of alternative certification; and (4) The creation of innovative programs designed to increase the number of minority teachers entering the profession.

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(c) All certificates in force in this state which were issued by the state board prior to July 1, 1991, shall continue in full force and effect, subject to all the terms and conditions under which they were issued, until they expire by virtue of their own limitations or until their terms or conditions are modified by action of the commission. All such certificates issued by the state board prior to July 1, 1991, shall be deemed to have been issued by the commission for purposes of any law or regulation relating to such certificates. (d) The commission shall not have authority over the compensation, benefits, or working conditions of educational personnel in the public schools of Georgia; provided, however, that the commission shall have the authority to make recommendations to the State Board of Education regarding compensation as it relates to certification. (e) The commission shall have the authority to suspend certification regulations and requirements upon the recommendation of the State Board of Education to the extent the commission deems essential for the successful implementation of demonstration plans as provided for in Code Section 20-2-251. (f) The commission shall have the authority to deny, revoke, or suspend certification or renewal of a school system educator as provided for in Code Section 20-2-984.5. (g) The commission shall have the authority to issue formal warnings, reprimands, monitoring, or any combination thereof to educators as provided for in Code Section 20-2-984.5. (h) The commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations to the state board or to local boards which will promote an improvement in the teaching profession. The commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the investigative powers of the commission may not be exercised pursuant to the authority of this subsection. SECTION 7 . Said Chapter 2 of Title 20 is further amended by adding immediately following Code Section 20-2-984 new Code sections, to be designated Code Section 20-2-984.1, Code Section 20-2-984.2, Code Section 20-2-984.3, Code Section 20-2-984.4, and Code Section 20-2-984.5, and to read as follows: 20-2-984.1. (a) It shall be the duty of the commission, by regulation, to adopt standards of performance and a code of ethics for educators. The

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standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this state. In adopting regulations as provided in this Code section, the commission shall seek the advice of educators of this state. The standards of performance and code of ethics adopted by the commission shall be limited to professional performance and professional ethics. (b) Upon the adoption by the commission of standards of performance and a code of ethics as provided in subsection (a) of this Code section, educators of this state shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics. 20-2-984.2. (a) Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel or parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes: (1) Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16; (2) Any sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Sections 16-6-20 through 16-6-22.2; (3) Any sexual exploitation of a minor as provided for in Code Section 16-12-100; (4) Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16; (5) Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or (6) Unlawfully operating a motor vehicle after being declared a habitual violator for violating Code Section 40-5-54, 40-6-391, 40-6-392, or 40-6-394 or any combination of such Code sections. (b) If the local board of education determines that the matters reported under subsection (a) of this Code Section warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the commission with a request for investigation. The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and names of any and all known witnesses; and in so reporting the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed.

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(c) The willful failure of any such local school system administrator to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-984.5. (d) The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law. 20-2-984.3. (a) Upon receipt of a written request from a local board, the state board, or one or more individual residents of this state, the commission shall be authorized to investigate: (1) Alleged violations by an educator of any law of this state pertaining to educators or the profession of education; (2) Alleged violations by an educator of the code of ethics of the commission; (3) Alleged violations by an educator of rules, regulations, or policies of the state board, the commission, or a local board; or (4) Complaints alleging a failure by an educator to meet or comply with standards of performance of the commission, the state board, or a local board. (b) The commission shall decide whether to conduct a preliminary investigation pursuant to this Code section within 30 days of the request unless an extension is granted pursuant to the procedure outlined in subsection (b) of Code Section 20-2-984.5. 20-2-984.4. (a) If the commission agrees to investigate matters reported under Code Section 20-2-984.2 or Code Section 20-2-984.3, an investigator of the commission shall conduct a preliminary investigation of the reported matters to determine if probable cause exists to recommend disciplinary action. Prior to beginning such investigation, the commission shall send written notification to the local board employing the educators of the following: (1) The names and addresses of the parties making the complaint that gave rise to the proposed investigation; (2) The names of the educators employed by the local board who are proposed to be investigated; and (3) An explanation of the complaint made against the educators employed by the local board.

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(b) In conducting an investigation authorized by this Code section, the commission shall: (1) Be authorized to conduct plenary hearings; (2) Have the power to administer oaths and affirmations; and (3) Have the power to issue subpoenas in the name of the commission to compel the attendance of witnesses and the production of documents and any other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the superior courts. In the event any person fails or refuses to obey a subpoena issued under this paragraph, such failure or refusal shall constitute contempt of the commission. Upon application by the commission to the superior court of the county wherein such person resides or is found, the superior court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding $300.00 or by imprisonment not exceeding 20 days or by both such fine and imprisonment and to enter such other orders and take such other action as may be necessary to enforce compliance with and obedience to the subpoena. At such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he or she failed or refused to comply with the subpoena. (c) The investigation conducted pursuant to this Code section is limited to the matters asserted in the written complaint unless additional written complaints are filed. The commission shall be authorized to investigate any matters raised in any such additional complaints while investigating the original complaint. (d) Prior to being contacted by an investigator, but in no event later than the completion of the investigation conducted pursuant to this Code section, the educator shall receive written notification that he or she is the subject of an investigation and shall also receive written notification of the allegations against him or her. In addition, the educator shall be notified that the investigation shall be limited to those allegations unless additional written allegations are filed. (e) In no event shall a preliminary investigation take longer than 60 days without written permission from the commission, at which time a written finding of probable cause, or that no probable cause exists, must be made to the commission. (f) 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. The suspension or

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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; (2) Enter an order denying, suspending, or revoking the certificate, permit, or other certification document; or (3) Issue an admonition to the holder of a certificate, permit, or other certification document. 0-2-984.5. (a) After a preliminary investigation authorized by Code Section 20-2-984.4, the commission shall review the report of the investigator and either determine that no further action need be taken or recommend that a particular disciplinary action be imposed. This determination shall not take longer than 60 days from receipt of the findings of the preliminary investigation. (b) Prior to the expiration of that 60 day period referred to in subsection (a) of this Code section, the commission may extend the review period if unusual and compelling circumstances render it impracticable for the commission to complete its review within such period. Any such order shall recite with particularity the circumstances which render it impracticable for the commission to complete its review within such period. Any such extension by the commission shall be for a period of time not to exceed 30 days. Prior to the expiration of the extended review period, the review period may be further extended by further order of the commission for one additional period not to exceed 30 days if unusual and compelling circumstances render it impracticable to complete the review within the extended review period. Such further order further extending the review period shall likewise recite with particularity the circumstances which render it impracticable for the commission to complete its review within the review period as previously extended. (c) If the commission finds that there is probable cause for imposing a sanction against the educator, it may recommend any combination of the following: (1) That the educator be warned, reprimanded, monitored, or any combination thereof; or (2) That the certificate of the educator be suspended or revoked. (d) In a contested case, if the commission determines that probable cause exists to impose a sanction against an educator, a hearing shall be held pursuant to Code Section 50-13-41. Based on the findings of fact and conclusions of law of the administrative law judge as provided in that

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Code section, the commission may take any combination of the actions referred to in subsection (c) of this Code section. (e) If after reviewing the findings of the preliminary investigation the commission finds that no probable cause exists to recommend disciplinary action or the educator investigated is exonerated after a hearing, then all records of the commission's investigation and of any hearing by the Department of Education or the State Board of Education, including all reports received pursuant to this subsection, made pursuant to this Code section and pertaining to the educator investigated shall be completely expunged. (f) In addition to making recommendations pursuant to subsection (c) of this Code section, the commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and make recommendations to the state board or to local boards which will promote an improvement in the teaching profession. The commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and, at such meetings, the commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers provided by subsection (d) of Code Section 20-2-984.5 may not be exercised pursuant to the authority of this subsection. SECTION 8 . Said Chapter 2 of Title 20 is further amended by striking paragraph (11) of Code Section 20-2-989.8, relating to the establishment and contents of complaint policies, in its entirety and inserting in lieu thereof a new paragraph (11) to read as follows: (11) A statement that a complainant shall not be the subject of any reprisal as a result of filing a complaint under this part. Should any reprisal occur, the complainant may refer the matter to the Professional Standards Commission. SECTION 9 . Said Chapter 2 of Title 20 is further amended by striking subsection (d) of Code Section 20-2-1000, relating to liability of educators for disciplining students, in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) If any civil action is brought against any educator or any report or complaint is made or filed against any educator with the county or local board of education, the Department of Education, the Professional Standards Commission, or any other regulatory agency or tribunal by a student, a parent or guardian of a student, or any other person on behalf of a student and arising out of or relating to the discipline of such student, it shall be the duty of the county or local board of education employing such educator to provide counsel for the educator, if requested by the educator, unless such board of education determines,

Page 768

after an independent investigation of the report or complaint, that the act or omission of the educator constituted willful or wanton misconduct or constituted gross misconduct in violation of the express written policies of the board of education. Neither testimony given in such independent investigation nor the results of any such independent investigation by the board of education shall be admissible in any other proceeding. The provision of counsel to such educator shall be for an educational purpose and any funds available to the board of education may be expended for such purpose. Any attorneys' fees recovered pursuant to subsection (c) of this Code section attributable to the services furnished by any counsel provided to an educator by his or her employer shall be paid to the employer. SECTION 10 . Article 2 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to the Office of Administrative Hearings, is amended by striking subsection (a) of Code Section 50-13-41, relating to hearing procedures, and inserting in its place a new subsection to read as follows: (a) (1) Whenever a state agency authorized by law to determine contested cases initiates or receives a request for a hearing in a contested case which is not presided over by the agency head or board or body which is the ultimate decision maker, the hearing shall be conducted by the Office of State Administrative Hearings, and such hearings shall be conducted in accordance with the provisions of this chapter and the rules and regulations promulgated under this article. (2) An administrative law judge shall have the power to do all things specified in paragraph (6) of subsection (a) of Code Section 50-13-13. SECTION 11 . This Act shall become effective on July 1, 1998. All cases pending before the Professional Practices Commission on June 30, 1998, shall be transferred to the Professional Standards Commission. SECTION 12 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. INSURANCEGROUP LIFE; PREMIUM PAYMENTS. Code Section 33-27-1 Amended. No. 818 (House Bill No. 1687). AN ACT To amend Code Section 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance policy requirements generally, so as to

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authorize the payment of group life insurance premiums wholly from the contributions of employees; 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 33-27-1 of the Official Code of Georgia Annotated, relating to group life insurance policy requirements generally, is amended by striking subparagraph (B) of paragraph (1) which reads as follows: (B) The premium for the policy shall be paid by the policyholder either wholly from the employer's funds or funds contributed by him or partly from such funds and partly from funds contributed by the insured employees, except as provided in Code Section 33-24-34. No policy may be issued on which the entire premium is to be derived from funds contributed by the insured employees, except as provided in Code Section 33-24-34. A policy on which no part of the premium is to be derived from funds contributed by the insured employees must insure all eligible employees or all except any as to whom evidence of individual insurability is not satisfactory to the insurer; , and inserting in lieu thereof a new subparagraph (B) to read as follows: (B) The premium for the policy shall be paid by the policyholder either from the employer's own funds or from charges collected from the insured employee specifically for such insurance or from funds contributed by both the employer and the employee. A policy in which no part of the premium is to be derived from funds contributed by the insured employee must insure each eligible employee, except for any employee as to whom evidence of individual insurability is not satisfactory to the insurer; SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998. REVENUE AND TAXATIONSALES AND USE TAXES; UNIDENTIFIABLE PROCEEDS; DISTRIBUTION. Code Section 48-8-67 Enacted. No. 819 (House Bill No. 1784). AN ACT To amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales

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and use taxes, so as to provide for the distribution of certain unidentifiable sales and use tax proceeds; to provide for a definition; to provide procedures, conditions, and limitations; to provide for certain release, accord, and satisfaction of certain requests and claims; to provide for powers, duties, and authority of the state revenue commissioner; to provide for automatic repeal; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, and collection of sales and use taxes, is amended by adding a new Code section at the end thereof, to be designated Code Section 48-8-67, to read as follows: 48-8-67. (a) As used in this Code section, the term `authorized recipient' means the state, special districts, counties, or municipalities, or any combination thereof, as determined by general law, applicable local constitutional amendment, or Section 25 of an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, the `Metropolitan Atlanta Rapid Transit Authority Act of 1965,' which specifies the entities to whom the commissioner is directed to distribute the proceeds of sales and use taxes. (b) When a dealer makes a return with insufficient information to identify proceeds as being attributable to retail sales, retail purchases, rentals, storage, use, or consumption of tangible personal property or services occurring within a particular special district or particular county, the commissioner shall make reasonable efforts to obtain the information needed to make a distribution of those proceeds. When the information cannot be obtained, the commissioner shall allocate unidentifiable proceeds among the authorized recipients in the same proportion as the proceeds of the sales and use taxes are otherwise allocated and distributed to the authorized recipients. Each allocation of unidentifiable proceeds shall be calculated by determining each authorized recipient's pro rata share of identifiable proceeds collected during the same period of time in which the unidentifiable proceeds to be allocated were collected. Each authorized recipient's pro rata share of the unidentifiable proceeds for each such collection period shall be the same as that authorized recipient's pro rata share of the identifiable proceeds for the same collection period. (c) The initial allocation of such unidentifiable proceeds shall be distributed in the manner consistent with subsection (b) of this Code section before July 1, 1998, and such allocation shall include all amounts of such unidentifiable proceeds that have been collected subsequent to June 30, 1997, and prior to April 1, 1998, and which have not been distributed by the commissioner at the time of the initial distribution.

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Such initial distribution of unidentifiable proceeds to an authorized recipient shall be made separate and distinct from the regular distribution of indentifiable proceeds to such authorized recipient. In lieu of interest earned on such unidentifiable proceeds, an amount equivalent to 5 percent of the initial distribution amount shall be allocated and distributed by the commissioner in a similar manner, if funds are specifically appropriated for such purpose. (d) Following the initial allocation under subsection (c) of this Code section, allocations of unidentifiable proceeds shall be made by the commissioner according to a schedule provided for by rules and regulations of the commissioner but in no event less often than twice per year. Any such subsequent distribution of unidentified proceeds to an authorized recipient shall be made separate and distinct from the regular distribution of indentifiable proceeds to such authorized recipient. (e) Information regarding proceeds distributed to authorized recipients pursuant to this Code section shall be identified by the commissioner, and such information shall be made available upon request. (f) The department shall at the time of the first distribution of such unidentifiable proceeds provide each authorized recipient with written notice advising each authorized recipient that negotiation of the first distribution shall constitute a release and full accord and satisfaction for any and all refund requests or claims with respect to any sales and use tax collected prior to April 1, 1998, which the authorized recipient has or may have for recovery of any such tax funds. Negotiation of the first distribution shall also constitute full and complete acceptance of all the terms and conditions set forth in this Code section and shall bar any challenges to this Code section. (g) The commissioner shall have the power and authority to promulgate such rules and regulations as shall be necessary for the effective and efficient distribution of state and local sales and use tax proceeds in accordance with this Code section. (h) The authority of the commissioner to make distributions pursuant to this Code section shall cease on December 31, 2000, unless such authority is extended by a subsequent general Act of the General Assembly. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 6, 1998.

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MATTHEW A. TOWERY BRIDGEDESIGNATED. No. 77 (House Resolution No. 1111). A RESOLUTION Designating the Matthew A. Towery Bridge; and for other purposes. WHEREAS, Honorable Matthew A. Towery served with distinction and notable good humor as a member of the Georgia House of Representatives and was an articulate and highly respected leader within the Cobb County legislative delegation; and WHEREAS, he is a native of Atlanta, Georgia, graduated from the University of Georgia, received a master's degree from Cambridge University, and received a law degree from Stetson University; and WHEREAS, he is a founding partner in an Atlanta law firm and the chairman of the board of directors of one of the largest commercial printing companies in the state, Color Graphics, Inc.; and WHEREAS, he has been active in numerous community service organizations and has served on the board of directors of Georgia West Mental Health Center and Butler Street YMCA; and WHEREAS, this author of two books, The Road Taken and Power in the South , realized his aspiration of public service by representing the people of Cobb County as one of the most knowledgeable and perceptive members of the General Assembly, able to work effectively with the leadership of both parties; and WHEREAS, he was the 1990 Republican nominee for Lieutenant Governor, former chairman of the Republican State Convention, and chairman of the Georgia Association of Republican Elected Officials. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Paces Ferry Road bridge over I-285 in Cobb County is designated the Matthew A. Towery Bridge. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate signs designating such bridge as authorized in this resolution. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to Honorable Matthew A. Towery and to the commissioner of transportation. Approved April 6, 1998.

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RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; GEORGIA LOTTERY CORPORATION EMPLOYEES; MEMBERSHIP. Code Section 47-2-70.1 Amended. No. 820 (House Bill No. 441). AN ACT To amend Code Section 47-2-70.1 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of new state agencies, so as to provide that persons who become officers and employees of the Georgia Lottery Corporation after a certain date shall not be members of such retirement system; to provide that such persons who are members of such retirement system on a certain date may make an irrevocable election to retain such membership; to provide conditions upon the authority of such corporation in making employer contributions into a deferred compensation plan or pension plan for its officers and employees; to provide a vesting schedule; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 47-2-70.1 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia by employees of new state agencies, is amended by inserting at the end thereof the following: (d) (1) As used in this subsection, the term: (A) `Corporation' means the Georgia Lottery Corporation created by Code Section 50-27-4. (B) `Section 401 (k) plan' means the deferred compensation plan offered by the state for public employees pursuant to Section 401 (k) of the federal Internal Revenue Code on July 1, 1998, as now or subsequently amended. (C) `Termination date' means the earlier of: (i) The date on which the corporation receives a favorable ruling from the federal Internal Revenue Service as to the corporation's participation in the Section 401 (k) plan; or (ii) The date on which the corporation establishes a tax qualified retirement plan for its officers and employees. (2) Notwithstanding the provisions of subsection (c) of this Code section, no person employed as an officer or employee of the

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corporation on or after the termination date shall be a member of this retirement system. Any member who on the termination date is a member of this retirement system may make an irrevocable election to retain membership in this retirement system by notifying the board of trustees in writing not later than 60 days following the termination date. Any person who so elects to remain a member of this retirement system shall not be eligible to participate in any tax qualified retirement plan offered by such corporation. (3) If the corporation participates in the Section 401(k) plan, it shall not be authorized to maintain for its officers and employees any tax qualified retirement plan other than the plan qualified under Section 457 of the federal Internal Revenue Code on July 1, 1998. (4) The corporation's participation in either the Section 401(k) plan or any tax qualified retirement plan maintained by the corporation shall be subject to the following conditions: (A) The maximum percentage of a participant's annual salary which the corporation may pay into the plan for or on behalf of the participant shall not exceed 7 1/2 percent; and (B) Each participant shall have a vested interest in employer contributions in accordance with the schedule in the subaccount of the Section 401(k) plan providing for employer contributions which is in existence on July 1, 1998, as now or hereafter amended. SECTION 2 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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RETIREMENT AND PENSIONSEMPLOYEES' RETIREMENT SYSTEM OF GEORGIA; TEACHERS RETIREMENT SYSTEM OF GEORGIA; MEMBER CHANGING EMPLOYMENT; ELECTION OF RETIREMENT SYSTEM. Code Sections 47-2-181 and 47-3-81 Amended. No. 821 (House Bill No. 661). AN ACT To amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to provide that a member of the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia who becomes employed in a position covered by the other retirement system may elect membership in either retirement system; to provide for matters relating to the foregoing; to provide for applicability; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended by striking in its entirety Code Section 47-2-181, relating to the transfer of credit from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, and inserting in lieu thereof the following: 47-2-181. (a) Any other provisions of law to the contrary notwithstanding, any member, except a member subject to subsection (b) of this Code section, who was previously a member of the Teachers Retirement System of Georgia who has service credits with said teachers retirement system may have such service credits and accumulated contributions under said teachers retirement system transferred to the Employees' Retirement System of Georgia, provided that such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights or disability, death, or normal service retirement allowances. The Teachers Retirement System of Georgia shall pay an employer contribution together with regular interest thereon to the Employees' Retirement System of Georgia for each member establishing creditable service under this subsection. The amount of such employer contributions shall be 6 percent of the reported compensation of the member establishing creditable service during membership in the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits shall so notify the board of trustees in writing.

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(b) Pursuant to Code Section 47-3-81, any employee of an agency under the retirement system may transfer his or her service credit to the credit of his or her membership in the Teachers Retirement System of Georgia in the event that he or she enters service as a teacher, as defined in Code Section 47-3-1. (c) (1) Any provision of this title to the contrary notwithstanding, any vested member of the Teachers Retirement System who becomes an employee of an employer may, at his or her option, elect to remain a member of the Teachers Retirement System of Georgia. (2) If a person subject to this subsection elects to remain a member of the Teachers Retirement System of Georgia, the employer and employee shall make all contributions to such retirement system and perform such other acts as are required by law or regulation. (3) If a person subject to this subsection does not elect to remain a member of the Teachers Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all persons who become a member on or after such date. Any person subject to this subsection who became a member of the Teachers Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998, or within 60 days after the person became an employee of an employer, whichever date is later. Once made, the election is irrevocable. (5) The provisions of this subsection shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subsequent legislation. SECTION 2 . Said title is further amended by striking in its entirety Code Section 47-3-81, relating to the transfer of credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, and inserting in lieu thereof the following: 47-3-81. (a) Any other provisions of law to the contrary notwithstanding, any member, other than a member subject to subsection (b) of this Code

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section, who was previously a member of the Employees' Retirement System of Georgia and who has service credits with said employees' retirement system may have such service credits and accumulated contributions under said employees' retirement system transferred to the Teachers Retirement System of Georgia. Any member who elects to transfer such service credits and accumulated contributions shall notify the board of trustees of this retirement system in writing of the member's election to do so. Such transferred service credits shall not be used in determining the qualifications of a member for benefits other than vested rights, disability, death, or normal service retirement. Such member shall be required to make additional contributions to this retirement system so that the member's annuity account balance will be the same as though the member had been a member of this retirement system during the period of time for which service credits are transferred from the Employees' Retirement System of Georgia to this retirement system or, in the absence of such payment, the board of trustees shall adjust the member's credits in proportion to the accumulated contributions transferred from the Employees' Retirement System of Georgia to this retirement system. The Employees' Retirement System of Georgia shall pay an employer contribution plus regular interest to the Teachers Retirement System of Georgia for each member transferring service credits and accumulated contributions to the Teachers Retirement System of Georgia authorized in this Code section. The amount of such employer contributions shall be 6 percent of the reported compensation of the member while a member of said employees' retirement system. The employees' retirement system shall pay an additional amount of retirement contributions pursuant to Code Section 47-2-51 for an employees' retirement system member covered by Code Section 47-2-334. This payment shall be placed in the pension accumulation fund and will adjust the amount of employee retirement contributions required for service credit. (b) (1) Any provision of this title to the contrary notwithstanding, any vested member of the Employees' Retirement System who becomes a teacher may, at his or her option, elect to remain a member of the Employees' Retirement System of Georgia. (2) If a person subject to this subsection elects to remain a member of the Employees' Retirement System of Georgia, the employer and teacher shall make all contributions to such retirement system and perform such other acts as are required by law or regulation. (3) If a person subject to this subsection does not elect to remain a member of the Employees' Retirement System of Georgia, he or she shall become a member of this retirement system subject to all provisions of this chapter. (4) This subsection shall be applicable to each person who was a member of this retirement system on January 1, 1997, and to all

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persons who become a member on or after such date. Any person subject to this subsection who became a member of the Employees' Retirement System of Georgia between January 1, 1997, and June 30, 1998, who elects to remain a member of this retirement system shall be governed by the provisions of subsection (a) of this Code section relating to the transfer of service credits and accumulated contributions. (5) Any person eligible to make the election provided for in this subsection shall do so in writing to the board of trustees not later than September 30, 1998, or within 60 days after the person became a teacher, whichever date is later. Once made, the election shall be irrevocable. (6) The provisions of this subsection shall not become a part of the employment contract and shall be subject to subsequent legislation; provided, however, that no person who has made the election provided by this subsection shall be affected by any subsequent legislation. SECTION 3 . This Act shall become effective on July 1, 1998, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the Public Retirement Systems Standards Law; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1998, as required by subsection (a) of Code Section 47-20-50. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. CRIMES AND OFFENSESCONTROLLED SUBSTANCES; DANGEROUS DRUGS; PENALTIES. Code Title 16, Chapter 13 Amended. No. 822 (House Bill No. 1252). 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 delete certain penalty provisions relating to carisoprodol; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by striking the period and inserting a semicolon at the end of subparagraph (AA) of paragraph (6) of Code Section 16-13-27, relating to Schedule III controlled substances, and inserting immediately thereafter the following: (7) Ketamine. SECTION 2 . Said chapter is further amended by adding in the appropriate position in subsection (a) of Code Section 16-13-28, relating to Schedule IV controlled substances, the following: (30.15) Sibutramine; . SECTION 3 . Said chapter is further amended by striking from subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (12.1) Reserved; (258) Dexbrompheniramine; (399) Reserved; (411.5) Ganciclovir sodium; (508) Ketamine; (509.1) Ketoconazole; . SECTION 4 . Said chapter is further amended by adding in the appropriate positions in subsection (b) of Code Section 16-13-71, listing the dangerous drugs, the following paragraphs: (3.5) Acetic acid, glacial; (12.1) Acitretin; (44.3) Amlexanox; (50.3) Anagrelide; (62.7) Ardeparin; (68.13) Atorvastatin; (72.4) Azelastine; (83.5) BentoquatamSee exceptions;

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(94.5) Betaine, anhydrous; (107.5) Brimonidine; (116.05) Buprenorphine; (119.05) Butenafine; (122.5) Cabergoline; (159.8) Cerivastatin; (236.6) Daclizumab; (237.7) Danaparoid; (244.5) Delavirdine; (258) DexbrompheniramineSee exceptions; (316.5) Donepezil; (379.07) Etomidate; (383.3) Ferumoxides; (383.4) Ferumoxsil; (399) Fluoxetine; (406.5) Fosfomycin; (406.9) Fosphenytoin; (411.5) Ganciclovir; (415.03) Glatiramer; (446.6) Hyaluronan; (446.7) Hyaluronic acid; (466.5) Imiquimod; (506.8) Ivermectin; (508) Reserved; (509.1) KetoconazoleSee exceptions; (517.2) Levofloxacin; (546.5) Meclocycline; (615.6) Mibefradil; (617.1) Midodrine; (617.4) Miglitol;

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(638.8) Nelfinavir; (644.4) Nilutamide; (661.8) Olanzapine; (663.2) Olopatadine; (692.8) Penciclovir; (703.03) Pentosan; (727.2) Phenytoin; (743.3) Podofilox; (831.02) Raloxifene; (845.5) Ropivacaine; (851.03) Samarium SM 153 lexidronam; (883.8) Sparfloxacin; (931.1) Tamsulosin; (931.3) Tazarotene; (966.6) Tiludronate; (967.7) Tizanidine; (973.1) Topiramate; (973.4) Toremifene; (973.9) Tranexamic acid; (1003.5) Troglitazone; (1024.5) Valsartan; (1042.01) Zafirlukast; (1042.4) Zileuton; (1042.7) Zinc acetatesee exceptions; . SECTION 5 . Said chapter is further amended by striking from subsection (c) of Code Section 16-13-71, listing the dangerous drugs, the following: (14.2) Minoxidilwhen used with a strength up to 2 percent in a topical skin product; (23) Pseudoephedrinewhere the dosage unit is not more than 60 mg. or, when manufactured to release the drug in delayed action slow time release, where the dosage unit is not more than 120 mg.;

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(27.5) Tioconazolewhen used with a strength up to 1 percent in a topical product; . SECTION 6 . 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: (3.5) Bentoquatamwhen used with a strength of 5 percent or less in topical preparations; (7.9) Dexbrompheniraminewhen a single dosage unit is 6 mg. or less; (12.3) Ketoconazolewhen used with a strength of 1 percent or less in topical preparations; (14.2) Minoxidilwhen used with a strength of 5 percent or less in topical preparations; (23) Pseudoephedrinewhen a single dosage unit is 60 mg. or less or when manufactured in an extended release form with a dosage unit of 240 mg. or less; (27.5) Tioconazolewhen used with a strength of 1 percent or less in topical preparations or when used with a strength of 6.5 percent or less in vaginal preparations; (29.5) Zinc acetatewhen used in topical preparations; . SECTION 7 . Said chapter is further amended by striking subsection (d) of Code Section 16-13-79, relating to penalties, which reads as follows: (d) Any person who obtains carisoprodol by fraud, theft, deceit, misrepresentation, subterfuge, forgery or alteration of a prescription or written order, concealment of a material fact, or the use of a false name shall be guilty of a felony and punished by imprisonment for not less than one year nor more than three years or by a fine not to exceed $5,000.00 or both. SECTION 8 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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GAME AND FISHWATERS OR THE STATE; SALT-WATER SEPARATION POINT; SHRIMP BOAT IDENTIFICATION; RECREATIONAL FISHING LICENSE; LICENSE ISSUANCE; NONRESIDENT LICENSES; PRIMITIVE WEAPONS LICENSE; FERAL HOG HUNTING LICENSE; ONE-DAY FISHING LICENSE; WEAPONS FOR HUNTING; LICENSE REDESIGNATIONS; ARCHERY LICENSE. Code Title 27 Amended. No. 823 (House Bill No. 1352). AN ACT To amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change certain definitions; to change provisions relative to the salt-water separation point; to change certain provisions relating to identification of boats taking shrimp; to provide for a recreational fishing license for all waters of this state; to provide for automated licensing technology; to eliminate a certain nonresident hunting license exemption; to establish a primitive weapons license and impose certain requirements thereon; to redesignate certain other combined licenses; to require a license for the hunting of feral hogs; to change the license fee for one-day fishing licenses; to clarify certain weapons requirements for small game and big game hunting; to correct certain cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in its entirety paragraph (73) of Code Section 27-1-2, relating to definitions, and inserting in lieu thereof the following: (73) `Waters of this state' means any waters within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state except ponds or lakes not open to the public, whether such ponds or lakes are within the lands of one title or not. SECTION 2 . Said title is further amended by striking in its entirety Code Section 27-2-1, relating to hunting, trapping, or fishing without a license or permit generally, and inserting in lieu thereof the following: 27-2-1. (a) It shall be unlawful for any person to hunt, fish, trap, or possess any wildlife or feral hog without first procuring all of the licenses, stamps, or permits required or authorized under this title.

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(b) It shall be unlawful for any resident of this state who has attained the age of 16 years to hunt, fish in the waters of this state, or trap without a valid hunting license, fishing license, or trapping license, respectively, as provided in Code Section 27-2-23, except on premises owned by him or her or his or her immediate family. It shall be unlawful for any resident of this state to hunt, fish, or trap in this state without carrying such license upon his or her person, except on premises owned by him or her or his or her immediate family and except when otherwise specifically directed by authorized personnel of the department. (c) It shall be unlawful for any person not a resident of Georgia who has attained the age of 16 years to hunt, fish in the waters of this state, or trap in this state without a valid nonresident hunting, fishing, or trapping license, respectively, as provided in Code Section 27-2-23, except as otherwise specifically provided by law and interstate agreements. It shall be unlawful for any nonresident to hunt, fish in the waters of this state, or trap without carrying such license on his or her person, unless otherwise specifically directed by authorized personnel of the department. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, no license shall be required to fish with permission of the owner from noncommercial premises not open to the public, including docks and foreshores of such premises, or at a facility or on a charter boat licensed pursuant to the provisions of Code Section 27-2-23.2. SECTION 3 . Said title is further amended by striking in its entirety Code Section 27-2-2, relating to issuance and sale of hunting, fishing, and trapping licenses, and inserting in lieu thereof the following: 27-2-2. (a) Hunting, fishing, and trapping licenses shall be issued and sold by the department on forms containing such information as may be prescribed by the department. As used in this Code section, the term `license' shall include all permits, licenses, or stamps issued by the department under Code Section 27-2-23. Licenses for hunting and fishing may be sold in each county by persons approved by the department to be license agents. (b) Each license agent may be required to: (1) Remit to the department a premium which shall entitle him or her to coverage under a blanket performance bond provided by the department. The premium, which may include the reasonable cost of administering a self-insurance program, shall be in an amount determined by the commissioner and shall be due and payable annually upon billing by the department;

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(2) Account for all license sales and the monetary receipts from such sales in reports to the department, which reports shall be on a schedule and in a form specified by the written agreement between the agent and the department. Failure to remit license sales receipts as specified in the agreement may result in suspension of the agent's ability to sell licenses; (3) Receive for himself or herself no more than 60 for each license issued, except for nonresident hunting licenses and resident sportsman licenses, for which the agent may receive $1.25 for each license issued, and except for licenses sold by telephone by an approved telephone agent, for which the agent may charge and receive up to $5.00 per transaction in addition to the actual cost of the license or licenses sold during the transaction; provided, however, that a telephone agent shall not receive any additional fee per license sold during a telephone transaction; provided, further, that the sale of one or more licenses to one applicant during one telephone call shall constitute a single transaction; and (4) Any person who applies to be a license agent after June 30, 1998, shall be assessed a fee not to exceed the fair market cost of automated licensing equipment the department shall install in such agent's place of business. Such fees shall be due and payable upon installation of the automated equipment. (c) The commissioner may either purchase a blanket performance bond for the department's license agents from or through the Department of Administrative Services or any other source or establish a self-insurance bond by retaining all moneys paid to the department for the premium established pursuant to subsection (b) of this Code section, all moneys received as interest, and nonappropriated funds received from other sources to establish and maintain a reserve fund for the purpose of making payments to the department upon the defalcations of license agents and defraying the expenses necessary to administer the program; provided, however, that no revenue collected from taxes, fees, and assessments for state purposes shall be deposited in such fund. The commissioner shall invest any such moneys in the same manner as other moneys in his or her possession. The commissioner is authorized, in his or her discretion, to contract for any or all of the services necessary to carry out the functions enumerated in this Code section. (d) Prior to selling any license, except for a license sold over the telephone by an approved telephone license agent, each license agent shall require each person desiring to purchase a license to display a driver's license or equally reliable identification of the individual and the current residence and age of such individual. In the event the department determines that a license agent has intentionally or negligently sold a resident license to a person who is a nonresident or who is underage, the department may immediately withdraw the authority of

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such agent to issue and sell licenses on behalf of the department, provided that the department shall not withdraw the agent's authority until the agent has been given ten days' written notice of intention to withdraw authority setting forth the reason or reasons for the withdrawal and giving the agent a hearing in the county of said agent's residence on the reasons for withdrawal. SECTION 4 . Said title is further amended by striking in its entirety Code Section 27-2-3.1, relating to archery and firearms combination hunting licenses, and inserting in lieu thereof the following: 27-2-3.1. (a) Persons hunting during any archery season or primitive weapons season must purchase either a primitive weapons license or an archery license, unless otherwise provided by this title. (b) The requirements in this title for procuring licenses for archery, primitive weapons, big game, and small game hunting shall be satisfied by a resident who purchases an all weapons hunting license. Such license does not satisfy the obligation to obtain a wildlife management area license, an official Georgia waterfowl license, or a migratory bird license. (c) The requirements in this title for procuring any license or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident who procures a sportsman license. An applicant for such license shall, prior to the issuance of the license, complete a screening questionnaire associated with the federal Migratory Bird Harvest Information Program. (d) All licenses, stamps, or permits for noncommercial hunting and fishing privileges must be attached to or printed on a form provided by the department which must include the applicant's name, address, telephone number, height, weight, date of birth, and hunter safety certification number. SECTION 5 . Said title is further amended by striking in its entirety subsection (c) of Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following: (c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout license and big game license otherwise required by Code Section 27-2-6. SECTION 6 . Said title is further amended by striking in its entirety Code Section 27-2-4.1, relating to reciprocity for Florida residents over 65 years of age, and inserting in lieu thereof the following:

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27-2-4.1. No fishing license shall be required for any Florida resident who is more than 65 years of age, to the extent that a reciprocal provision exists under Florida law for any Georgia resident who is more than 65 years of age. Florida residents exempted from the requirement of obtaining a fishing license under this Code section shall be entitled to fish in this state without the payment of any fee whatsoever, except that in order to engage in the activities regulated by subsection (a) of Code Section 27-2-6 such a Florida resident must have paid the fee otherwise required for a trout license and must have in his or her possession such proof of such payment as may be prescribed by the department. Florida residents exempted from the requirement of obtaining a fishing license under this Code section are subject to all wildlife laws, rules, and regulations with the exception of provisions requiring fishing licenses. The privileges granted to a Florida resident under this Code section may be suspended or revoked on the same grounds and in the same manner as fishing as licenses are suspended and revoked. A Florida resident fishing as authorized by this Code section shall carry upon his or her person proof of his or her age and residence. SECTION 7 . Said title is further amended by striking in its entirety Code Section 27-2-6, relating to trout stamp, waterfowl stamp, and big game license, and inserting in lieu thereof the following: 27-2-6. (a) It shall be unlawful for any resident of this state who has attained the age of 16 years and for any nonresident, regardless of age, to fish for or possess mountain trout or to fish in any waters designated in this title as trout waters or trout streams unless such person has in his or her possession a trout license in addition to his or her fishing license. (b) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt or possess big game unless such person has in his or her possession a big game license in addition to the required hunting license. (c) It shall be unlawful for any resident of Georgia who has attained the age of 16 years and for any nonresident, regardless of age, to hunt ducks, geese, or swans unless such person has in his or her possession an official Georgia waterfowl license in addition to the required hunting license. (d) No resident of this state shall be required to obtain a trout license, official Georgia waterfowl license, or big game license to hunt, fish, or trap on premises owned by him or her or his or her immediate family. (e) Any visitor to a state park, whether a resident or nonresident of Georgia, shall not be required to purchase a trout license when fishing in impounded waters on lands owned or leased by the department.

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SECTION 8 . Said title is further amended by striking in its entirety Code Section 27-2-20, relating to federal migratory bird hunting and conservation stamp and participation in the federal Migratory Bird Harvest Information Program, and inserting in lieu thereof the following: 27-2-20. (a) It shall be unlawful to hunt brant, ducks, geese, and swans in this state without a federal migratory bird hunting and conservation stamp. (b) It shall be unlawful for any person required to obtain a hunting license as provided in Code Section 27-2-1 to hunt any migratory game bird, including brant, ducks, geese, swans, doves, rails, woodcock, snipe, gallinules, and coots, without participating in the federal Migratory Bird Harvest Information Program. Participation in such program shall require the completion of a screening questionnaire prior to obtaining a free Georgia migratory bird license and the possession of the license or other evidence of participation while hunting migratory birds. SECTION 9 . Said title is further amended by striking in its entirety Code Section 27-2-23, relating to license, permit, and stamp fees, and inserting in lieu thereof the following: 27-2-23. Fees for licenses, permits, tags, and stamps required by this title shall be as follows: (1) Hunting licenses: (A) Resident hunting license Season $ 10.00 (B) Nonresident hunting license Season 59.00 (C) Nonresident hunting license Seven-day 25.00 (D) Hunting license, valid for residents and nonresidents One-day 5.50 (E) Resident archery license Season 8.00 (F) Nonresident archery license Season 25.00 (G) Resident big game license Season 9.00 (H) Nonresident big game license Season 118.00 (I) Nonresident shooting preserve hunting license Season 12.00 (J) Commercial fox hunting preserve license Season 60.00 (K) Commercial fox breeder license Season 60.00 (L) Waterfowl license valid for residents and nonresidents Season 5.50 (M) Georgia migratory bird license Season Free (N) Resident all weapons hunting license Season 26.00 (O) Resident primitive weapons license Season 8.00 (P) Nonresident primitive weapons license Season 25.00 (2) Resident hunting/fishing license Season 17.00 (3) Resident sportsman's license Season 60.00 (4) Recreational fishing licenses: (A) Resident fishing license Season 9.00 (B) Nonresident fishing license Season 24.00 (C) Nonresident fishing license Seven-day 7.00 (D) Fishing license, valid for residents and nonresidents One-day 3.50 (E) Resident trout license Season 5.00 (F) Nonresident trout license Season 13.00 (5) Trapping licenses: (A) Resident commercial trapping license Annual 30.00 (B) Nonresident commercial trapping license Annual 295.00 (6) Commercial fishing licenses: (A) Resident commercial fishing license Season 12.00 (B) Nonresident commercial fishing license Season 118.00 (C) Resident commercial crabbing license Season 12.00 (D) Nonresident commercial crabbing license Season 118.00 (7) Fur, hide, and pelt licenses: (A) Resident fur dealer license Annual 295.00 (B) Nonresident fur dealer license Annual 415.00 (C) Fur dealer's agent license Annual 180.00 (8) Miscellaneous licenses and permits: (A) Retail fish dealer license Annual 10.00 (B) Wholesale fish dealer license Annual 59.00 (C) Resident game-holding permit Annual 5.00 (D) Commercial quail breeder permit Annual 30.00 (E) Scientific collecting permit Annual 50.00 (F) Wildlife exhibition permit Annual 59.00 (G) Commercial shooting preserve license Annual 150.00 (H) Private shooting preserve license Annual 75.00 (I) Blanket commercial shooting preserve license Annual 500.00 (J) Commercial fish hatchery license Annual 59.00 (K) Catch-out pond license Annual 236.00 (L) Soft-shell crab dealer license Annual 10.00 (M) Resident taxidermist license Three-year 150.00 (N) Nonresident taxidermist license Three-year 500.00 (O) Falconry permit Three-year 30.00 (P) Commercial alligator farming license Annual 50.00 (Q) Alligator hunting license Season 50.00 (R) Wild animal license Annual 236.00 (S) Wild animal auction license Seven-day 5,000.00 (T) Resident bait dealer license Season 25.00 (U) Nonresident bait dealer license Season 150.00 (9) The board is authorized to provide by rule for a fee not to exceed $19.00 for resident daily, seasonal, or annual use permits, licenses, or stamps to hunt and fish on or otherwise use specially designated streams, lakes, or wildlife management areas or a fee not to exceed $73.00 for nonresident permits, licenses, or stamps issued under this paragraph. SECTION 10 . Said title is further amended by adding after Code Section 27-2-23.1, relating to raccoon fur seller's license, a new Code Section 27-2-23.2 to read as follows: 27-2-23.2. (a) Any United States Coast Guard licensed captain operating a charter fishing vessel and any person operating a hotel or motel having a fishing

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pier or piers may purchase one fishing license pursuant to the provisions of this Code section covering all persons fishing from such vessel or pier. (b) Fees for charter fishing and pier licenses shall be $400.00 per year for each vessel and $400.00 per year for all piers operated by any one hotel or motel. (c) Each operator of a charter fishing vessel or pier licensed pursuant to this Code section shall maintain at all times a log book showing the names of persons accommodated under the vessel or pier fishing license each day and such other information as may be required by the department. (d) Each person required to maintain records pursuant to the provisions of subsection (c) of this Code section shall report such information at such times and in such manner as the board provides by rule or regulation. SECTION 11 . Said title is further amended by striking in its entirety Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, and inserting in lieu thereof the following: 27-3-4. It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows and compound bows may be used for taking small game or big game. Arrows for hunting deer must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons, longbows, compound bows, muzzleloading rifles of.44 caliber or larger with iron sights only and without telescopic sights and muzzleloading shotguns of 20 gauge or larger loaded with single shot may be used; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading rifles of.44 caliber or larger, and rifles using any center-fire cartridge.22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Handguns capable of delivering at least 500 foot-pounds of energy at a distance of 100 yards may be used for hunting deer, bear, or feral hogs. Bullets used in all rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller

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shot,.22 rimfire firearms, muzzleloading firearms, longbows, and compound bows; provided, however, that nothing contained in this paragraph shall permit the taking of protected species; (5) (A) For hunting deer, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) The use of crossbows for hunting within this state is prohibited except under such circumstances and conditions as the board shall prescribe by rule or regulation. Such rules or regulations may require that any person hunting with a crossbow obtain and retain in his or her possession a permit to hunt deer with a crossbow. Individuals who have received a special crossbow hunting permit from the department prior to July 1, 1994, may continue to hunt deer with a crossbow; (7) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading rifles, longbows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (8) There are no firearms restrictions for taking nongame animals or nongame birds; (9) The use of silencers for hunting within this state is prohibited. SECTION 12 . Said title is further amended by striking in its entirety Code Section 27-3-6, relating to possession of firearm while hunting with bow and arrow, and inserting in lieu thereof the following: 27-3-6. It shall be unlawful for any person to possess any center-fire or rimfire firearm while hunting with a bow and arrow during archery or primitive weapons season for deer or while hunting with a muzzleloading firearm during a primitive weapons season for deer. SECTION 13 . Said title is further amended by striking in its entirety subsection (a) of Code Section 27-4-1, relating to salt-water and fresh-water demarcation line, and inserting in lieu thereof the following:

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(a) The line established in this state as the separation point between salt waters and fresh waters for commercial fishing and sport fishing is as follows: (1) The point at which U.S. Highway 17 crosses the following bodies of water and their tributaries shall be the line of demarcation for them: St. Marys River, Satilla River, South Altamaha River, Champney River, Butler River, Darien River, Little Ogeechee System (except Salt Creek), North Newport River, Medway River, Big Ogeechee River, and Savannah River. All water seaward of these points shall be considered salt water; and (2) The following streams and their tributaries are designated as salt water for their entire length: Crooked River, Little Satilla River, South Brunswick River, Turtle River, Sapelo River, South Newport River, Salt Creek (Little Ogeechee System), and all other rivers, streams, and tributaries in the six coastal counties which are not enumerated in this subsection. SECTION 14 . Said title is further amended by striking in its entirety Code Section 27-4-31, relating to catch-out pond licenses, and inserting in lieu thereof the following: 27-4-31. The owner or operator of a catch-out pond operated as one contiguous unit and under single ownership, including ownership by a partnership, firm, association, or corporation, may purchase a catch-out pond license as provided in Code Section 27-2-23. Such license shall not be transferable to another owner or operator or to any other site. Persons, both residents and nonresidents, may fish in a properly licensed catch-out pond without obtaining a fishing license or trout license and without complying with the creel limits, possession limits, size limits, and seasons set forth in this title. It shall be unlawful for the owner or operator of a catch-out pond not properly licensed to represent to any person that such person may fish in the pond as if the pond were a licensed catch-out pond. SECTION 15 . Said title is further amended by striking in its entirety subsection (c) of Code Section 27-4-170, relating to sport bait shrimping, which reads as follows: (c) It shall be unlawful for any person taking shrimp pursuant to this Code section to fail to have positioned on the bow or cabin of the boat taking the shrimp a board with a background color of daylight fluorescent orange with such numerals and letters printed or affixed thereon as are specified by the department for the boat. The numerals and letters

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shall be at least 16 inches in height and two inches in width or thickness, black in color, of block character, clearly legible, and spaced so as to be readable from the air from left to right. The numerals and letters required for compliance with this subsection shall be assigned by the department at the time sport bait shrimping licenses are issued pursuant to Code Section 27-2-23. SECTION 16 . This Act shall become effective July 1, 1998, except that all provisions of Section 3 shall be effective April 1, 1999, not including paragraph (4) of subsection (b) of Code Section 27-2-2 which shall be effective July 1, 1998, and except that Section 9, subparagraph (D) of paragraph (4) of Code Section 27-2-23 shall be effective April 1, 1999. SECTION 17 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. BANKING AND FINANCEFINANCIAL INSTITUTIONS; EXTENSIVE REVISION OF RELATED PROVISIONS. Code Title 7, Chapter 1 Amended. No. 824 (House Bill No. 1354). AN ACT To amend Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, so as to provide for definitions; to provide for regulatory parity; to provide for confidentiality of departmental records and exceptions; to provide for rule-making authority; to provide for conditions on approval of applications; to provide that the department may nullify its decisions under certain conditions; to provide for notice of banking location closings; to provide for corporate names; to provide for registered agents and offices; to clarify what constitutes acting as a fiduciary; to change provisions relating to real estate loans; to change provisions relating to the articles of incorporation and amendment; to provide for conditions on conversion; to provide for streamlined or alternative departmental approval procedures under certain conditions; to change provisions relating to mortgage broker and mortgage lender licenses; to change provisions relating to departmental examinations; to make conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to financial institutions, is amended by adding between paragraphs (22) and (23) of Code Section 7-1-4, relating to definitions, a new paragraph (22.5) to read as follows: (22.5) `Main office' means the principal banking location of a bank as such location appears in the records of the Department of Banking and Finance. If a bank does not designate a main office, the department shall choose a banking location of the bank to be the main office. SECTION 2 . Said chapter is further amended by striking paragraph (30) of Code Section 7-1-4, relating to definitions, and inserting in lieu thereof three new paragraphs to read as follows: (29.5) `Registered agent' means the person or corporation on whom service of process is to be made in a proceeding against a bank. Written notice of any change in the identity or address of a bank's registered agent must be delivered to the Department of Banking and Finance in addition to and at the same time as such notice is filed with the Secretary of State. The provisions of Part 1 of Article 5 of Chapter 2 of Title 14 shall apply to any such registered agent. (30) `Registered office' means the location of the registered agent and may be a banking location. (30.5) `Retained earnings' means the balance of the net profits, income, gains, and losses from the date of incorporation or from the latest date when a deficit was last eliminated of a financial institution whose articles were granted by the Secretary of State and excludes subsequent distributions to shareholders and transfers to appropriated retained earnings. Retained earnings shall also include any portion of paid-in capital or appropriated retained earnings or, in the case of other organizations, equivalent funds, allocated to retained earnings in mergers, consolidations, or acquisitions of all or substantially all of the property or assets of another such financial institution or other organization permitted by law. SECTION 3 . Said chapter is further amended by striking Code Section 7-1-7, relating to publication of notices or advertisements, and inserting in lieu thereof a new Code Section 7-1-7 to read as follows: 7-1-7. (a) Except as otherwise expressly provided, any notice or advertisement required by this chapter to be published in a newspaper shall be

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published once a week for four weeks in the newspaper which is, on the date of the first such publication, the official organ (as determined pursuant to Code Section 9-13-142) of the county which is or is to be the location of the main office of the financial institution. (b) The department may waive or modify any requirement to publish a notice: (1) In order to facilitate a merger, consolidation, or sale of assets pursuant to paragraph (3) of subsection (c) of Code Section 7-1-601, whether with an existing bank or a bank newly organized as a successor to a failing bank; (2) Whenever it determines that the public benefit is not significantly served by a second or subsequent publication in a situation where a series of transactions would otherwise require multiple publications; (3) Where a similar publication required by another state or federal regulator serves substantially the same purpose; (4) By regulation or order, whenever it determines that a lesser number of publications will reduce administrative burden and will adequately serve the public benefit of the notice; or (5) For other reasons of regulatory parity. (c) The department may require proof of publication or modified publication having been completed prior to consummation of the underlying transaction. SECTION 4 . Said chapter is further amended by striking Code Section 7-1-67, relating to reports of examinations, and inserting in lieu thereof a new Code Section 7-1-67 to read as follows: 7-1-67. (a) Any official who shall make an examination pursuant to this chapter shall reduce the result thereof to writing in such form as shall be prescribed by the department. Such report shall contain a full, true, and correct statement of the condition of the financial institution in the case of a comprehensive examination or of the matter subject to inquiry in the case of other examinations. (b) Each report shall be the property of the regulatory agency which generates such report; provided, however, that a copy of such report may be furnished to the examined financial institution for its internal, confidential use. A financial institution or any officer, director, or employee thereof shall not disclose a report or any portion of its contents. If a subpoena or discovery request is received for a report or

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any portion of its contents, the financial institution must deliver a copy of such subpoena or discovery request to the department immediately. SECTION 5 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-68, relating to reports to the department, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Every financial institution shall publish annually abstract summaries of two of its reports of condition designated for this purpose by the department and shall file proof of such publication with the department. Such publication shall be made only once in a newspaper of general circulation in the county of the main office of the institution. The department may waive this requirement, in whole or in part, with respect to financial institutions which make their financial statements readily available to the public, including their customer base, and with respect to a class of financial institutions which does not do business with the public generally and may limit the required publication to the customer base served by the institution. SECTION 6 . Said chapter is further amended by striking Code Section 7-1-70, relating to disclosure of information by the department, and inserting in lieu thereof a new Code Section 7-1-70 to read as follows: 7-1-70. (a) Records of the department, regardless of the medium by which stored, are confidential. Except as otherwise provided in this Code section, this chapter, or departmental rule or regulation, and, notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, such records shall not be open to inspection by or made available to the public. The commissioner and all other officials and employees of the department shall not disclose facts and information obtained in the course of their duties, including information obtained from examinations, investigations, and reports as required or authorized in this part. The department may, however, provide by rule, regulation, or order for public access to certain records which, in the opinion of the commissioner, do not contain sensitive information and from which disclosure the public would benefit. (b) Subject to the exceptions, safeguards, and limitations contained in subsection (c) of this Code section, the restrictions of subsection (a) of this Code section shall not apply to disclosures: (1) Within the department or made to the Governor in the course of official duties; (2) Required by law, including disclosures required by subpoena or other legal process of a court or administrative agency having competent

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jurisdiction in legal proceedings where the financial institution is a party or where the information is not otherwise available upon direct subpoena of a financial institution; (3) In prosecutions or other court actions to which the department or the commissioner is a party; (4) Made to federal bank supervisory agencies, the United States Department of Justice (including the Federal Bureau of Investigation), the United States Department of the Treasury, the Georgia Bureau of Investigation, or local law enforcement authorities; (5) Made to any officer, attorney, or director of the financial institution involved or with the written consent of said financial institution; (6) Made in a summary of condition of financial institutions published by the department; (7) Of general economic and similar data considered by the department in regard to requests for new articles, new branches, changes in the location of facilities, or similar matters made to parties interested in the department's action in regard thereto; and (8) Made to a financial institution concerning the past job performance of a prospective employee with the written consent of such prospective employee, provided such written consent shall not be required in circumstances provided for in Code Section 7-1-840. (c) The following exceptions, safeguards, and limitations shall apply: (1) Disclosures made under subsection (b) of this Code section shall be made, where appropriate, under safeguards designed to prevent further dissemination of confidential data; provided, however, that for disclosures of suspected criminal activity made under paragraph (4) of subsection (b) of this Code section, the confidentiality safeguards already in place within those agencies shall be considered adequate. Except for disclosures under paragraph (2) of subsection (b) of this Code section, the department shall not be required to make authorized disclosures where it deems such disclosures undesirable; (2) All disclosures shall be limited to only those documents directly relevant to the inquiry or legal dispute at issue; and (3) The documents listed below shall be considered absolutely privileged and confidential and shall be exempt from open inspection and not subject to disclosure by the department without a specific order of court pursuant to Code Section 7-1-90, which order specifically holds the public interest in the safety and soundness of the banking system and its regulation to be outweighed by other interests of justice. Such exempt documents shall include: (A) Departmental internal investigations, documents, and notes which reflect the deliberative processes of employees;

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(B) Opinions provided in confidence to the department regarding proposed new banks; (C) Informal notes and memos of the department that are not purely factual in nature; (D) Advisory opinions; (E) Recommendations, summaries, and analyses that are utilized for departmental internal purposes and are not final orders or reports; and (F) Other similar materials or notes. (d) Notwithstanding any other provision of this Code section, the commissioner may, without waiving any privilege, authorize access to confidential supervisory information for any appropriate governmental, law enforcement, or other public purpose. (e) Violation of this Code section shall be grounds for removal from office. SECTION 7 . Said chapter is further amended by striking Code Section 7-1-76, relating to the department's ability to act on applications, and inserting in lieu thereof a new Code Section 7-1-76 to read as follows: 7-1-76. (a) Failure of the department to act within any of the time limits established by this chapter or regulations issued pursuant thereto shall not deprive the department of jurisdiction thereafter to act in regard to the matter involved without need for resubmittal of any application, request, or similar action. (b) Any action, application, or request requiring department approval under this chapter may be withdrawn by the applicant prior to department action thereon without prejudice to the applicant's right to resubmit such application at a later date. If such application has been forwarded to the department through the Secretary of State, the department shall notify the Secretary of State of any such withdrawal and that the application or request is no longer pending. (c) The department may impose conditions on any approval, including but not limited to conditions designed to address competitive, financial, managerial, safety and soundness, convenience and needs, compliance, and other concerns, to ensure that such approval is consistent with the provisions of this chapter. (d) The department may nullify a decision on any request, action, or application if:

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(1) The department becomes aware of any material misrepresentation or omission by the applicant; (2) The department is not promptly informed by the applicant of a subsequent material change in circumstances; (3) The decision is contrary to law, regulation, or departmental policy; or (4) The decision was granted due to clerical or administrative error or was based on a material mistake of law or fact. SECTION 8 . Said chapter is further amended by striking subsection (h) of Code Section 7-1-91, relating to orders of the department, enforcement and penalties, and inserting a new paragraph (h) to read as follows: (h) The term `financial institution' as used in this Code section shall include those entities required to be licensed pursuant to Article 4A of this chapter and any officer, director, employee, agent, or other person participating in the conduct of the affairs of the financial institution subject to the orders issued pursuant to this Code section. SECTION 9 . Said chapter is further amended by adding following Code Section 7-1-111 a new Code Section 7-1-111.1 to read as follows: 7-1-111.1 Before a financial institution may close a banking location, it must post at such location in a conspicuous place at least 30 days in advance of such closing a notice of intent to close. Such notice must remain posted for at least 30 consecutive days. Customers of a banking location shall be considered to have received notice if the requirements of this Code section have been met. SECTION 10 . Said chapter is further amended by striking Code Section 7-1-130, relating to permissible names, and inserting a new Code Section 7-1-130 to read as follows: 7-1-130. (a) The name of a financial institution shall not contain the words `Government,' `Official,' `Federal,' `National,' or `United States' or any abbreviation of any such words and shall not in the opinion of the department: (1) Be indistinguishable from the corporate name of another financial institution conducting a banking business in this state as reflected in the records of the department; or

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(2) Contain any word which may lead to the conclusion that the financial institution is authorized to perform any act or conduct any business which it is unauthorized or forbidden to perform by law, its articles, or otherwise. (b) A financial institution may, without regard to subsection (a) of this Code section, use: (1) Its name in use on April 1, 1975; (2) A name in use on April 1, 1975, by another financial institution which is adopted by: (A) A financial institution which is the resulting institution in a plan of merger or consolidation to which the institution using the name is a party; or (B) A financial institution which is incorporated under this chapter in pursuance of a plan of segregating the banking business and the trust business of the institution using the name; or (3) A name of another financial institution already transacting business with the consent of the latter institution, provided that the names are distinguishable in the records of the Secretary of State. SECTION 11 . Said chapter is further amended by striking Code Section 7-1-131, relating to reservation of a name, and inserting in lieu thereof a new Code Section 7-1-131 to read as follows: 7-1-131. (a) The exclusive right to use a corporate name permitted to be used by a financial institution may be reserved by a person intending to incorporate such an institution, by a corporation intending to engage in business in this state as a financial institution, by a financial institution intending to change its name, or by a national bank, a federal credit union, or a savings and loan association intending to convert into a financial institution organized under the laws of this state. (b) Such reservation may be made by filing with the department a letter form application to reserve a specified name. If the department concludes that the use of the name complies with the requirements of Code Section 7-1-130, is otherwise consistent with the purposes and provisions of this chapter, and is distinguishable upon the records of the Secretary of State from the name of any other corporation, limited partnership, or professional association, it shall approve the name and notify the Secretary of State to issue such name reservation. (c) The right to the exclusive use of a name reserved pursuant to this Code section may be transferred to anyone who would be entitled to

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reserve such name under this Code section except for such prior reservation by filing with the department a notice of the transfer which shall be executed by the transferor who reserved the name and which shall set forth the name and address of the transferee. The department shall send a copy of such notice to the Secretary of State. (d) Notwithstanding any other provisions of law, the process set forth in this Code section shall be the exclusive process for reserving the corporate name of a financial institution. SECTION 12 . Said chapter is further amended by striking Code Section 7-1-132, relating to registered offices, and inserting in lieu thereof a new Code Section 7-1-132 to read as follows: 7-1-132. (a) Every financial institution shall continuously maintain a registered agent and a registered office. Such agent and office shall be located in a county in this state where the financial institution is authorized to conduct its general business; and, in the case of financial institutions subject to Chapter 2 or 3 of Title 14, such agent and office shall be the same as is required under those chapters. (b) Not later than September 30, 1998, every financial institution shall file with the department a statement designating the name of its registered agent and the place of its registered office by street, post office address, and county. In the event of the failure of an institution to file said statement, the registered agent shall be the chief executive officer of the bank and the registered office of the institution shall be the business address where the chief executive officer is located. (c) A financial institution may change, and a new financial institution may establish, its registered agent and the location of its registered office by filing a statement with the department designating the name of the new registered agent or the street, post office address, and county of its new registered office or both, provided that no change in the registered agent or office shall affect actions or proceedings commenced before the time of said change. (d) Nothing contained in this Code section shall affect the obligation of a financial institution to file information with the Secretary of State. SECTION 13 . Said chapter is further amended by striking Code Section 7-1-242, relating to restrictions on corporate fiduciaries, and inserting in lieu thereof a new Code Section 7-1-242 to read as follows: 7-1-242.

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(a) No corporation, partnership, or other business association may lawfully act as a fiduciary in this state except: (1) A financial institution authorized to act in such capacity pursuant to the provisions of Georgia law; (2) A trust company; (3) A national bank or a state bank lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (4) A savings bank or savings and loan association lawfully doing a banking business in this state and authorized to act as a fiduciary under the laws of the United States or another state; (5) Attorneys at law licensed to practice in this state, whether incorporated as a professional corporation or otherwise; (6) An investment adviser registered pursuant to the provisions of 15 U.S.C. 80b-3 or Code Section 10-5-3, provided this exception shall not authorize an investment adviser to act in any fiduciary capacity subject to the provisions of Title 53, relating to wills, trusts, and the administration of estates; or (7) A securities broker or dealer registered pursuant to the provisions of 15 U.S.C. 78o or Code Section 10-5-3 acting in such fiduciary capacity incidental to and as a consequence of its broker or dealer activities. (b) Acting as a fiduciary for purposes of this Code section includes but is not limited to: (1) Accepting or executing trusts or otherwise acting as a trustee; (2) Administering real or tangible personal property located in Georgia or elsewhere. For the purposes of this paragraph, `administer' means to possess, purchase, sell, lease, insure, safekeep, manage, or otherwise oversee; and (3) Acting pursuant to a court order as personal representative, executor, or administrator of the estate of a deceased person or as guardian or conservator for a minor or incapacitated person. (c) Nothing in this chapter shall be construed to repeal or to change Part 2 of Article 16 of Chapter 12 of Title 53, dealing with foreign trustees, or Part 3 of Article 16 of Chapter 12 of Title 53, dealing with certain foreign corporations acting as fiduciaries, or any other statutes or rules of law on such subjects. SECTION 14 . Said chapter is further amended by striking Code Section 7-1-286, relating to real estate loans, and inserting in lieu thereof a new Code Section 7-1-286 to read as follows:

Page 805

7-1-286. (a) Except as provided in subsection (b) of this Code section, a bank shall make a loan secured by improved or unimproved real estate (including a leasehold) only where such loan is: (1) Secured by a mortgage, deed of trust, security deed, or similar instrument providing a first lien or a first security title or is otherwise secured in accordance with regulations prescribed by the department; (2) For not more than 75 percent of the fair market value of the real estate in the case of a single maturity loan or for not more than 95 percent of the fair market value of the real estate in the case of loans that must be regularly amortized; provided, however, that these limitations shall not apply to: (A) Any loan secured by real estate made to finance construction of an improvement or development, in which case the amount of the loan shall not exceed 100 percent of the estimated completed value of the improvements; (B) Any loan which the federal housing administrator insures or makes a commitment to insure; (C) Any loan which the secretary of veterans affairs guarantees or makes a commitment to guarantee; (D) Any loan secured by a mortgage, deed of trust, security deed, or similar instrument providing for a nonpurchase money lien on residential real property owned and occupied by the borrower, provided that such loan may not exceed 100 percent of the fair market value of the real estate after deducting all outstanding liens on the property; or (E) Any other type of loan or a portion thereof with respect to which the department determines that banks may safely extend loans in excess of the foregoing limitations; (3) Conforms with requirements as to duration, amortization, appraisal, insurance, and documentation, as may be prescribed by regulation of the department. (b) The limitations of subsection (a) of this Code section shall not apply to: (1) An investment security acquired pursuant to Code Section 7-1-287; (2) A loan in connection with which the bank takes a real estate lien as security in the exercise of banking prudence but as to which it is relying for repayment on:

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(A) The general credit of the obligor or of an installment buyer or of a lessee of the real estate; (B) Collateral other than the real estate lien; (C) A guaranty or an agreement to take over or purchase the loan, in the event of default, by a financially responsible person other than a person engaged in the business of guaranteeing real estate loans; or (D) An agreement by a financially responsible person to take over or purchase the loan, or to provide funds for payment thereof, within a period of two years from the date of the loan; and there is a certificate of reliance setting forth the applicable facts. (c) For the purpose of this Code section, a `leasehold' shall mean the interest, which is security for a loan, of a lessee of real estate under a lease which on the date of the loan has an unexpired term extending at least ten years beyond the maturity of the loan or contains a right of renewal, which may be exercised by the bank, extending at least ten years beyond the maturity of the loan. (d) Notwithstanding any other provisions of this chapter and otherwise subject to regulations of the department, a bank or trust company may acquire, directly or indirectly, an ownership interest in real estate incidental to the financing of the purchase, development, or improvement of such real estate, provided: (1) The amount of such ownership interest shall not exceed 25 percent of the appraised value of the real estate; (2) The amount of such ownership interest when aggregated with the amount financed shall not exceed the limitations prescribed by this Code section and Code Section 7-1-285; (3) The ownership interest shall be terminated upon substantial repayment of the financing in the manner prescribed in Code Section 7-1-263, relating to the divestiture of real estate interest; and (4) Any time real estate owned by a bank or trust company pursuant to the provisions of Section 4 of this Act is held or disposed of pursuant to the provisions of Code Section 7-1-263, said action to hold or dispose shall be reported in writing annually to the stockholders. Said report shall include disclosure of any real estate acquired by foreclosure or the taking by a deed in lieu of foreclosure and the name or names of the corporation or individuals from whom title was taken. SECTION 15 . Said chapter is further amended by striking Code Section 7-1-392, relating to the contents, filing, advertisement, and notice of articles of incorporation,

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and inserting in lieu thereof a new Code Section 7-1-392 to read as follows: 7-1-392. (a) The articles of incorporation shall be signed by each of the incorporators and shall set forth in the English language: (1) The name of the bank or trust company; (2) The street address and county where the main office will be located; (3) For institutions chartered after July 1, 1998, the name of the initial registered agent; (4) The street address where its initial registered office will be located; (5) A brief statement of the purpose or purposes for which it is incorporated, that it is incorporated under this chapter, and whether it shall be solely a bank, solely a trust company, or both a bank and trust company; (6) The term for which it is to exist, which shall be perpetual unless otherwise limited; (7) The aggregate number of shares which the bank or trust company shall have authority to issue, and (A) If the shares are to consist of one class only, the par value of each of the shares; or (B) If the shares are to be divided into classes, the number of shares of each class, the par value of each share of each class, a description of each class, and a statement of the preferences, redemption provisions, qualifications, limitations, restrictions, and the special or relative rights granted to or imposed upon the shares of each class; (8) The name, place of residence, and post office address of each incorporator; (9) The name, occupation, citizenship, place of residence, and post office address of each of the first directors, which number shall not be less than five; and (10) Any provision not inconsistent with law which the incorporators may choose to insert for the regulation of the internal affairs and business of the bank or trust company. (b) It shall not be necessary to set forth in the articles any of the corporate or operational powers set forth in this chapter. (c) The incorporators shall file with the department, in triplicate, the articles, together with the fee required by Code Section 7-1-862. Such

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filing shall constitute an application for a certificate of incorporation. Immediately upon the filing of the articles, the department shall certify one copy thereof and return it to the applicants, who shall, in conformity with Code Section 7-1-7 and on the next business day following the filing of the articles, transmit for publication a copy of the articles or, in lieu thereof, a statement in substantially the following form: `An application for a certificate of incorporation of a (bank, trust company, or bank and trust company) to be known as theand to be located atinCounty, Georgia, will be made to the Secretary of State of Georgia by (names and addresses of incorporators) in accordance with Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the `Financial Institutions Code of Georgia.' A copy of the articles of incorporation of said proposed (bank, trust company, or bank and trust company) and the application have been filed with the Department of Banking and Finance. The following persons have been proposed as the initial directors: (names and addresses of proposed directors).' to the newspaper which is the official organ of the county where the main office will be located. The articles or the statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles or statement. (d) A registered agent shall be named for each financial institution that is a corporation, and each financial institution shall inform the department and the Secretary of State of its current registered agent. SECTION 16 . Said chapter is further amended by striking subsection (c) of Code Section 7-1-394, relating to departmental investigation, approval, and disapproval, and inserting in lieu thereof two new subsections to read as follows: (b.1) The procedure and criteria used in the review of a request to establish an additional banking location pursuant to Code Sections 7-1-601 and 7-1-602 may be streamlined and abbreviated as provided by departmental rule, regulation, or written policy. (c) Nothing contained in this Code section, Code Section 7-1-608, or Code Section 7-1-622 shall limit the authority of the department to approve the organization of a special purpose bank or trust company which does not do a general banking business with the public but is organized for the purpose of conducting a limited banking business which facilitates the economic, commercial, or export-import trade growth of this state. The department may establish, by rule or by condition to its approval of articles of incorporation of any special bank or of any credit card bank incorporated under the provisions of Chapter 5 of this title, such special provisions concerning distribution of ownership,

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composition of the board of directors, bylaws, or the conduct of corporate affairs for any such special purpose bank or credit card bank incorporated under the provisions of Chapter 5 of this title as it determines to be consistent with the special nature of such charters and their efficient operation and safe and sound banking practice; provided, however, in no event shall fewer than a majority of the directors of such special purpose bank or credit card bank be residents of this state. SECTION 17 . Said chapter is further amended by striking subsection (d) of Code Section 7-1-396, relating to the effect of a certificate of incorporation, and inserting in lieu thereof a new subsection (d) to read as follows: (d) The department shall issue to a bank or trust company a permit to begin business when: (1) Capital stock of the bank or trust company shall have been fully paid in, in cash, and in no event in an amount less than the minimum capital stock for banks or trust companies under Code Section 7-1-410, and, in addition, there shall have been paid in: (A) Paid-in capital in an amount not less than 20 percent of the capital stock; (B) An expense fund in an amount fixed by the department which shall not be less than 5 percent of the capital stock; and (C) The proceeds of subordinated securities, if any, which were considered part of the capital structure of the bank or trust company by the department under Code Section 7-1-419 in giving its approval of the proposed.institution; (2) All of the directors have taken the oath or affirmation required by Code Section 7-1-484; (3) The bylaws of the bank or trust company have been filed with the department; (4) The bank or trust company has designated its registered agent and registered office pursuant to Code Section 7-1-132; (5) The bank or trust company has been organized and is ready to begin the business for which it was incorporated; (6) All conditions imposed by the department in giving its approval of the proposed bank or trust company under Code Section 7-1-394 have been satisfied; and (7) The department has received an affidavit signed by the president or secretary and by at least a majority of the directors of the bank or trust company to the effect that all of the foregoing requirements of this subsection have been satisfied.

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SECTION 18 . Said chapter is further amended by striking Code Section 7-1-410, relating to minimum capital stock, and inserting in lieu thereof a new Code Section 7-1-410 to read as follows: 7-1-410. (a) Except as provided in subsections (b) and (c) of this Code section, the minimum capital stock of a de novo bank or trust company shall be $3 million. (b) A de novo bank or trust company whose main office is located in a county with a population of less than 200,000, according to the last official United States census, shall have a minimum capital stock of $2 million. (c) A bank or trust company existing on July 1, 1989, with a capital stock of less than that required by subsections (a) and (b) of this Code section shall not be required to increase its capital stock above the amount outstanding on July 1, 1989, except as otherwise provided by law. SECTION 19 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-432, relating to meetings of shareholders, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Meetings of the shareholders of a bank or trust company shall be held at such place within or without the state as shall be fixed by the bylaws or by the board of directors pursuant to the bylaws or, if not so fixed, at the main office of the bank or trust company. SECTION 20 . Said chapter is further amended by striking subsection (a) of Code Section 7-1-439, relating to books and records, and inserting in lieu thereof a new subsection (a) to read as follows: (a) Each bank and trust company shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its shareholders, board of directors, and committees of directors; and each bank and trust company shall keep at its registered office or main office or at the office of its transfer agent or registrar a record of its shareholders, giving the names and addresses of all shareholders and the number, class, and series, if any, of the shares held by each. SECTION 21 . Said chapter is further amended by striking Code Section 7-1-510, relating to authorized amendments and restatements of articles, and inserting in lieu thereof a new Code Section 7-1-510 to read as follows:

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7-1-510. (a) A bank or trust company may, in the manner provided in this part, amend its articles at any time in order to make any change therein which would then be authorized for inclusion in original articles under this chapter, including without limitation an amendment: (1) To adopt a new name permitted to be used under this chapter; (2) To renew the term for which it is to exist or to provide for perpetual duration; (3) To change, add to, or diminish the statement of its purpose or purposes; (4) To increase or diminish the aggregate number of shares which it has authority to issue or to reclassify the shares by changing the number, par value, designations, preferences, redemption provisions, or relative, participating, optional, or other special rights of the shares or the qualifications, limitations, or restrictions of such rights, either with or without an increase or decrease in the number of shares; (5) To restate the articles in their entirety; (6) To change its main office location to a new location in the same county; (7) To change its main office location from one county to another, provided that, unless the bank or trust company lawfully has offices in both counties, it may not retain banking or trust offices in the county from which it is moving; or (8) In the case of a bank, to become a trust company and, in the case of a trust company, to become a bank, with or without retaining an existing capacity to engage in the banking or trust business as the case may be. (b) Articles restated in their entirety shall state the county of the current instead of the original main office of the bank or trust company and need not state the names or other information concerning the first directors or the incorporators. (c) Articles need not be amended for the addition or change of a registered agent or the change of a registered office. The bank or trust company shall, however, notify in writing the department and the Secretary of State of such changes. SECTION 22 . Said chapter is further amended by striking Code Section 7-1-512, relating to the execution, contents, filing, and effect of the articles of amendment, and inserting in lieu thereof a new Code Section 7-1-512 to read as follows:

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7-1-512. (a) Upon the adoption of an amendment, articles of amendment shall be signed by two duly authorized officers of the bank or trust company under its seal and shall contain: (1) The name of the bank or trust company; (2) The street address and county of its main office; (3) Whether it was incorporated with banking or trust powers or both; (4) The time and place of the meeting of shareholders at which the shareholders approved the resolution of the board of directors, as originally proposed or as amended, and the kind and period of notice given to the shareholders; (5) The number of shares entitled to vote on the amendment and, if the shares of any class are entitled to vote as a class, the number of shares of each such class; (6) The number of shares voted for and against the amendment and, if shares of any class are entitled to vote as a class, the number of shares of each such class voted for and against the amendment; and (7) The amendment adopted, which shall be set forth in full. (b) The articles of amendment shall be filed with the department in triplicate together with: (1) The fee required by Code Section 7-1-862; and (2) As soon as possible, a publisher's affidavit as proof of publication of the advertisement required by Code Section 7-1-513. (c) The filing of articles of amendment shall constitute an application for a certificate of amendment. If the articles of amendment involve a change in the name of a bank or trust company, it shall reserve the proposed new name under the procedures of Code Section 7-1-131. SECTION 23 . Said chapter is further amended by striking Code Section 7-1-513, relating to the certification, delivery, and publication of articles of amendment, and inserting in lieu thereof a new Code Section 7-1-513 to read as follows: 7-1-513. When the articles of amendment are filed, the department shall certify one of the copies thereof and deliver the same to the bank or trust company. The bank or trust company shall cause to be published in a publication as specified in the rules, regulations, or written policies of the department a copy of the articles of amendment or, in lieu thereof, a statement in substantially the following form:

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NOTICE OF AMENDMENT An application for a certificate of amendment of its articles of incorporation has been made by (name of bank or trust company) by filing such application with the Department of Banking and Finance in accordance with the applicable provisions of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, known as the `Financial Institutions Code of Georgia.' The (purpose) (purposes) of said articles of amendment (is) (are) (state the purpose of each amendment affected by the articles of amendment). The articles of amendment or the statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles of amendment or statement. SECTION 24 . Said chapter is further amended by striking subsection (d) of Code Section 7-1-532, relating to the execution, filing, contents, and notice of articles of merger or consolidation, and inserting in lieu thereof a new subsection (d) to read as follows: (d) No later than the next business day after filing the articles of merger or consolidation with the department, the parties shall mail or deliver to the publisher of a newspaper which is the official organ of the county where the main office of each party is located a notice which shall contain a statement that the articles of merger or consolidation have been filed with the department, the names of the institutions which are parties to the proposed merger or consolidation, and the proposed name of the surviving bank or trust company and shall designate a place where a copy of the articles of merger or consolidation may be examined. Subsections (b) and (c) of Code Section 7-1-7 shall also apply to the notice. SECTION 25 . Said chapter is further amended by striking Code Section 7-1-555, relating to national to state bank or trust company conversions, mergers, and consolidations, and inserting in lieu thereof a new Code Section 7-1-555 to read as follows: 7-1-555. (a) Issuance of a certificate of merger or consolidation shall have the same effect stated in Code Section 7-1-536. (b) Issuance of a certificate of conversion shall have the following effect: (1) As of the issuance of the certificate of conversion by the Secretary of State, the conversion shall become effective;

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(2) The certificate of conversion shall be conclusive evidence of the performance of all conditions required by this chapter for conversion of a national bank into a state bank or trust company, except as against the state; (3) When a conversion becomes effective, the existence of the national bank shall continue in the resulting bank or trust company which shall have (except as provided in paragraph (2) of this subsection), without further act or deed, all the property, rights, powers, trusts, duties, and obligations of the national bank; (4) The articles of the resulting institution shall be the provisions stated in the articles of conversion; (5) The bank or trust company shall have the authority to engage only in such business and exercise only such powers as are then permissible upon original incorporation under this chapter and shall be subject to the same prohibitions and limitations as it would then be subject to upon original incorporation; provided, however, that if the converting institution owns or holds assets or engages in any business that would not be allowed of a state bank, then the plan of conversion shall include a plan for disposal of such assets or the termination of such business within a reasonable time but in no event longer than four years from the date of conversion; and (6) No liability of the national bank or of its shareholders, directors, or officers shall be affected, nor shall any lien on any property of the national bank be impaired, by the conversion. Any claim existing or action pending by or against the national bank may be prosecuted to judgment as if the conversion had not taken place, or the resulting bank or trust company may be substituted in its place. SECTION 26 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-605, relating to definitions applicable to bank holding companies and when a company is deemed to control shares, and inserting in lieu thereof a new subsection (b) to read as follows: (b) As used in this Code section and in Code Sections 7-1-606 through 7-1-608, the term: (1) `Bank' means the same as defined in Code Section 7-1-600. (2) `Company' means any corporation, partnership, business trust, association, or similar organization, or any other trust unless by its terms it must terminate within 25 years or not later than 21 years and ten months after the death of individuals living on the effective date of the trust, but shall not include any corporation the majority of the shares of which are owned by the United States or by any state or any

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qualified family partnership as defined in the federal Bank Holding Company Act of 1956, as amended. (3) `Subsidiary,' with respect to a specified bank holding company, means: (A) Any company 25 percent or more of whose voting shares (excluding shares owned by the United States or by any company wholly owned by the United States) is directly or indirectly owned or controlled by such bank holding company or is held by it with power to vote; (B) Any company the election of a majority of whose directors is controlled in any manner by such bank holding company; or (C) Any company with respect to the management or policies of which such bank holding company has the power, directly or indirectly, to exercise a controlling influence, as determined by the commissioner after notice and opportunity for hearing. (4) `Successor' shall include any company which acquires directly or indirectly from a bank holding company shares of any bank, when and if the relationship between such company and the bank holding company is such that the transaction effects no substantial change in the control of the bank or beneficial ownership of such shares of such bank. The commissioner may, by regulation, further define the term `successor' to the extent necessary to prevent evasion of the purposes of this part. SECTION 27 . Said chapter is further amended by striking Code Section 7-1-606, relating to unlawful actions of bank holding companies and exceptions, and inserting in lieu thereof a new Code section 7-1-606 to read as follows: 7-1-606. (a) (1) On and after July 1, 1976, it shall be unlawful, except with the prior approval of the commissioner: (A) For any action to be taken that causes any company to become a bank holding company; (B) For any action to be taken that causes a bank to become a subsidiary of a bank holding company; (C) For any bank holding company to acquire direct or indirect ownership or control of any voting shares of any bank if, after such acquisition, such company will directly or indirectly own or control more than 5 percent of the voting shares of such bank; (D) For any bank holding company or subsidiary thereof, other than a bank, to acquire all or substantially all of the assets of a bank;

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(E) For any bank holding company to merge or consolidate with any other bank holding company; or (F) For any bank holding company to take any action which would violate the federal Bank Holding Company Act of 1956, as amended. (2) Notwithstanding paragraph (1) of this subsection, this prohibition shall not apply to: (A) Shares acquired by a bank: (i) In good faith in a fiduciary capacity, except where such shares are held under a trust that constitutes a company as defined in paragraph (2) of subsection (b) of Code Section 7-1-605 and except as provided in paragraphs (2) and (3) of subsection (c) of Code Section 7-1-605; or (ii) In the regular course of securing or collecting a debt previously contracted in good faith, but any shares acquired after July 1, 1976, in securing or collecting any such previously contracted debt shall be disposed of within a period of two years from the date on which they were acquired; (B) Additional shares acquired by a bank holding company in a bank in which such bank holding company owned or controlled a majority of the voting shares prior to such acquisition; or (C) Transactions for which the department has established by rule, regulation, or written policy a streamlined or alternative procedure, if such procedure specifically dispenses with the need for approval by the commissioner. For the purpose of this paragraph, bank shares acquired after July 1, 1976, shall not be deemed to have been acquired in good faith in a fiduciary capacity if the acquiring bank or company has sole discretionary authority to exercise voting rights with respect thereto; but, in such instances, acquisitions may be made without prior approval of the commissioner if the commissioner, upon application filed within 90 days after the shares are acquired, approves retention or, if retention is disapproved, the acquiring bank disposes of the shares or its sole discretionary voting rights within two years after issuance of the order of disapproval. (b) (1) The commissioner shall not approve nor shall any other procedure authorize: (A) Any acquisition or merger or consolidation under this Code section which would result in a monopoly or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the business of banking in any part of the State of Georgia; or

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(B) Any other proposed acquisition or merger or consolidation under this Code section whose effect in any section of the state may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint of trade, unless it finds that the anticompetitive effects of the proposed transaction are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served. (2) In every case, the department shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned and the convenience and needs of the community to be served. (c) Nothing contained in this Code section shall affect the obligation of any person or company to comply with the provisions of any order of any court or of the commissioner entered prior to July 1, 1976. (d) The commissioner shall not grant any such contemplated approval until he shall first cause reasonable public notice of the proposed action to be given in the area to be affected and until he shall first afford to the public an opportunity to submit, for the commissioner's consideration, information, objections, and opinions as to the proposed action and its effect. The notice requirement may not apply in the case of a streamlined procedure where the holding company meets certain qualifying criteria established by rule, regulation, or written policy of the department. (e) Notwithstanding any other provisions of this part, a bank holding company which lawfully controls a bank or has received the requisite approvals under this Code section to acquire control of a bank may, with the approval of the commissioner, or as otherwise provided in this chapter or by departmental rule or regulation, either at the time such control is obtained or at any time thereafter, merge or consolidate such bank with another of such bank holding company's banking subsidiaries or have another of such bank holding company's banking subsidiaries acquire all or substantially all of the assets of such bank and consequently operate as a branch of such other banking subsidiary. Nothing in this subsection shall be deemed to supersede, rescind, or modify any provision, requirement, or condition of this Code section which would otherwise be applicable to any acquisition of a banking subsidiary by a bank holding company under this Code section, nor shall it be deemed to supersede, rescind, or modify any provision, requirement, or condition of Part 14, 15, or 16 of this article which would otherwise be applicable to any merger of banks or the acquisition or any sale of all or substantially all of the assets of a bank. SECTION 28 . Said chapter is further amended by striking subsection (b) of Code Section 7-1-1002, relating to the prohibition on and penalties for transacting

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business as a mortgage broker or mortgage lender without a license or exemption, and inserting in lieu thereof a new subsection (b) to read as follows: (b) On and after July 1, 1995, it is prohibited for any person, as defined in Code Section 7-1-1000, including a corporation but not including any natural person who purchases five or fewer mortgage loans in any one calendar year, knowingly to purchase, sell, or transfer one or more mortgage loans from or to a mortgage broker or mortgage lender who is neither licensed nor exempt from the licensing or registration provisions of this article. Such a purchase shall not affect the obligation of the borrower under the terms of the mortgage loan. The department shall provide for distribution or availability of information regarding approved or revoked licenses. SECTION 29 . Said chapter is further amended by striking subsections (e) and (h) through (i) from Code Section 7-1-1004, relating to investigations of and requirements relative to an applicant for a mortgage broker or mortgage lender license or registration, and inserting in lieu thereof four new subsections to read as follows: (e) The department may not issue or may revoke a license if it finds that the applicant, or any person who is a director, officer, partner, agent, employee, or ultimate equitable owner of 10 percent or more of the applicant, has been convicted of a felony involving moral turpitude in any jurisdiction or of a crime which, if committed within this state, would constitute a felony involving moral turpitude under the laws of this state. For the purposes of this article, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate, or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty, or such decision, judgment, or verdict, shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President of the United States or the Governor or other pardoning authority in the jurisdiction where the conviction was had, or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of the executive law to remove the disability under this subsection because of such conviction. (h) The department shall not issue a license to and may revoke a license from an applicant or license if such person employs any other person against whom a final cease and desist order has been issued within the preceding 12 months, if such order was based on a violation of Code Section 7-1-1013 or based on the conducting of a mortgage

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business without a required license, or whose license has been revoked within 12 months of the date such person was hired. (i) Within 90 days after receipt of a completed application and payment of licensing fees prescribed by this article, the department shall either grant or deny the request for license. (j) A person shall not be indemnified for any act covered by this article or for any fine or penalty incurred pursuant to this article as a result of any violation of the law or regulations contained in this article, due to the legal form, corporate structure, or choice of organization of such person, including but not limited to a limited liability corporation. SECTION 30 . Said chapter is further amended by striking Code Section 7-1-1009, relating to books, accounts, and records, and investigation and examination of mortgage broker and mortgage lender licenses and registrants, and inserting in lieu thereof a new Code Section 7-1-1009 to read as follows: 7-1-1009. (a) Any person required to be licensed or registered under this article shall maintain in its offices or such other location as the department shall permit such books, accounts, and records as the department may reasonably require in order to determine whether such person is complying with the provisions of this article and rules and regulations adopted in furtherance thereof. Such books, accounts, and records shall be maintained apart and separate from any other business in which such person is involved. (b) The department may, by its designated officers and employees, as often as it deems necessary, but at least once every 24 months, investigate and examine the affairs, business, premises, and records of any person required to be licensed or registered under this article insofar as such affairs, business, premises, and records pertain to any business for which a license or registration is required by this article. Notwithstanding the provisions of this subsection, the department has the discretion to examine a person less frequently, provided that its record of complaints, comments, or other information demonstrates that person's ability to meet the standards of Code Sections 7-1-1003 and 7-1-1004. In the case of registrants, the department shall not be required to conduct such examinations if it determines that the registrant has been adequately examined by another bank regulatory agency. In order to avoid unnecessary duplication of examinations, the department may accept examination reports performed and produced by other state or federal agencies, unless the department determines that the examinations are not available or do not provide information necessary to fulfill the responsibilities of the department under this article.

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(c) The department, at its discretion, may: (1) Make such public or private investigations within or outside of this state as it deems necessary to determine whether any person has violated or is about to violate this article or any rule, regulation, or order under this article, to aid in the enforcement of this article, or to assist in the prescribing of rules and regulations pursuant to this article; (2) Require or permit any person to file a statement in writing, under oath or otherwise as the department determines, as to all the facts and circumstances concerning the matter to be investigated; and (3) Disclose information concerning any violation of this article or any rule, regulation, or order under this article, provided the information is derived from a final order of the department. (d) (1) For the purpose of conducting any investigation as provided in this Code section, the department shall have the power to administer oaths, to call any party to testify under oath in the course of such investigations, to require the attendance of witnesses, to require the production of books, records, and papers, and to take the depositions of witnesses; and for such purposes the department is authorized to issue a subpoena for any witness or for the production of documentary evidence. Such subpoenas may be served by certified mail, return receipt requested, to the addressee's business mailing address, by examiners appointed by the department, or shall be directed for service to the sheriff of the county where such witness resides or is found or where the person in custody of any books, records, or paper resides or is found. The required fees and mileage of the sheriff, witness, or person shall be paid from the funds in the state treasury for the use of the department in the same manner that other expenses of the department are paid. (2) The department may issue and apply to enforce subpoenas in this state at the request of a government agency regulating mortgage lenders or brokers of another state if the activities constituting the alleged violation for which the information is sought would be a violation of this article if the activities had occurred in this state. (e) In case of refusal to obey a subpoena issued under this article to any person, a superior court of appropriate jurisdiction, upon application by the department, may issue to the person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished as contempt by the court. (f) Examinations and investigations conducted under this article and information obtained by the department in the course of its duties under this article are confidential, except as provided in this subsection,

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pursuant to the provisions of Code Section 7-1-70. In addition to the exceptions set forth in subsection (b) of Code Section 7-1-70 and in paragraph (3) of subsection (c) of this Code section, the department is authorized to share information obtained under this article with other state and federal regulatory agencies or law enforcement authorities. In the case of such sharing, the safeguards to confidentiality already in place within such agencies or authorities shall be deemed adequate. Information contained in the records of the department which is not confidential and may be made available to the public upon receipt by the department of a written request shall include the name, business address, and license number of a license or registrant and the owner or owners thereof, the name and business address of a licensee's or registrant's agent for service, and the terms of or a copy of any bond filed by a licensee or registrant. (g) In the absence of malice, fraud, or bad faith, a person is not subject to civil liability arising from the filing of a complaint with the department or furnishing other information required by this Code section or required by the department under the authority granted in this article. No civil cause of action of any nature shall arise against such person: (1) For any information relating to suspected prohibited acts furnished to or received from law enforcement officials, their agents, or employees; (2) For any such information furnished to or received from other persons subject to the provisions of this title; or (3) For any such information furnished in complaints filed with the department. (h) The commissioner or any employee or agent is not subject to civil liability, and no civil cause of action of any nature exists against such persons arising out of the performance of activities or duties under this article or by publication of any report of activities under this Code section. SECTION 31 . Said chapter is further amended by striking Code Section 7-1-1017, relating to suspension or revocation of a mortgage broker or mortgage lender license, and inserting in lieu thereof a new Code Section 7-1-1017 to read as follows: 7-1-1017. (a) The department may suspend or revoke an original or renewal license or registration on any ground on which it might refuse to issue an original license or registration or for a violation of any provision of this article or any rule or regulation issued under this article, including failure to provide fees on a timely basis, or for failure of the license or

Page 822

registrant to pay, within 30 days after it becomes final, a judgment recovered in any court within this state by a claimant or creditor in an action arising out of the licensee's or registrant's business in this state as a mortgage lender or mortgage broker. In addition to the foregoing, where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this article. The department shall be permitted to share, without liability, information on its applications or other forms with appropriate state agencies to assist them in recovering child support when required by law. (b) Notice of the department's intention to enter an order denying an application for a license or registration under this article or of an order suspending or revoking a license or registration under this article shall be given to the applicant, licensee, or registrant in writing, sent by registered or certified mail addressed to the principal place of business of such applicant, licensee, or registrant. Within 20 days of the date of the notice of intention to enter an order of denial, suspension, or revocation under this article, the applicant, licensee, or registrant may request in writing a hearing to contest the order. If a hearing is not requested in writing within 20 days of the date of such notice of intention, the department shall enter a final order regarding the denial, suspension, or revocation. Any final order of the department denying, suspending, or revoking a license or registration shall state the grounds upon which it is based and shall be effective on the date of issuance. A copy thereof shall be forwarded promptly by registered or certified mail addressed to the principal place of business of such applicant, licensee, or registrant. (c) A licensee or registrant may, at the discretion of and with the consent of the department, agree to a voluntary suspension of its license or registration for a period of time to be agreed upon by the parties. Such order of suspension shall be considered a final order and shall be forwarded to the licensee or registrant in the same manner as any other final order. Grounds for such a voluntary suspension shall be the same as provided in subsection (a) of this Code section, and the licensee or registrant may waive its right to an administrative hearing before issuance of the suspension. (d) A decision of the department denying a license or registration, original or renewal, shall be conclusive, except that it may be subject to judicial review under Code Section 7-1-90. A decision of the department suspending or revoking a license or registration shall be subject to judicial review in the same manner as a decision of the department to take possession of the assets and business of a bank under Code Section 7-1-155.

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(e) Except as otherwise provided by law, a revocation, suspension, or surrender of a license or registration shall not impair or affect the obligation of a preexisting contract between the licensee and another person. (f) Nothing in this article shall preclude a person whose license or registration has been suspended or revoked from continuing to service mortgage loans pursuant to servicing contracts in existence at the time of the suspension or revocation for a period not to exceed six months after the date of the final order of the department suspending or revoking the license or registration. SECTION 32 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. PUBLIC OFFICERS AND EMPLOYEESSTATE HEALTH BENEFIT PLAN COVERAGE FOR CERTAIN FORMER FEDERAL PROSECUTORS; HEARINGS AND APPEALS REGARDING ADVERSE PERSONNEL ACTION; PAYROLL SUBMISSION AND REVIEW. Code Sections 45-18-10, 45-20-9, and 45-20-10 Amended. No. 825 (House Bill No. 1423). AN ACT To amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to provide for the filing of certain appeals with the Office of State Administrative Hearings; to change certain notification deadlines; to change certain provisions regarding the submission, compilation, and review of certain payroll and personnel data; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by designating the existing language as subsection (a) of Code Section 45-18-10, relating to continued coverage in the employees' health insurance plan, and inserting: (b) Subject to such rules as the office may establish, any district attorney or assistant district attorney who ceases to hold office as such in order to accept appointment as a United States attorney or assistant United States attorney, who was eligible to retire at the time of leaving

Page 824

office, except for the attainment of retirement age, pursuant to a public retirement system created by law to which the General Assembly appropriates funds, and did not withdraw employee contributions from such public retirement system, who declines coverage under this plan in order to be covered under a health benefit plan available to federal employees, and who ceases to hold such position with the federal government without having vested in any retirement system for federal employees may be permitted to reestablish full coverage and participation, including coverage for the spouse and dependent children of such person, in the health insurance plan by notifying the board within 90 days of ceasing to be employed by the federal government or by August 1, 1998, whichever is later, that he or she desires to resume coverage in the health insurance plan and by paying to the board the monthly premium which is paid by an active state employee. SECTION 2 . Said title is further amended by striking subsection (a) of Code Section 45-20-9, relating to procedure for conduct of hearings and appeals regarding adverse personnel actions, and inserting in its place a new subsection (a) to read as follows: (a) Any laws to the contrary notwithstanding, all hearings on dismissals, other adverse personnel actions, and other purported violations of the rules and regulations in the several departments which are included in the career service shall be instituted by filing a written appeal with the Office of State Administrative Hearings upon such ground and in such form and under such procedure as may be prescribed by rules and regulations of the office. The party appealing and the department from whose action the appeal is taken shall be notified in writing within 15 days from the filing of the appeal that an appeal has been filed and the time for which a hearing is scheduled. SECTION 3 . Said title is further amended by striking Code Section 45-20-10, relating to the submission, compilation, and review of certain payroll and personnel data, and inserting in its place a new Code Section 45-20-10, to read as follows: 45-20-10. In order to furnish the Governor, the General Assembly, and the general public with statistical information which can be used in planning departmental programs and budgeting, each official required under present law to submit a quarterly budget to the Office of Planning and Budget shall submit to the commissioner such payroll and other essential personnel data as may be prescribed and approved by the Governor. The commissioner shall compile and consolidate reports pertaining to the number of personnel, salaries, length of service, type of work, distribution

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of employees by departments, and other pertinent personnel information. SECTION 4 . This Act shall become effective on July 1, 1998. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. ELECTIONSMAJORITY VOTE FOR CERTAIN STATE-WIDE ELECTED OFFICES; REPEAL. Code Section 21-2-501 Amended. No. 826 (House Bill No. 1529). AN ACT To amend Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to the proportion of votes cast required for nomination or election to public office, so as to delete provisions requiring a majority vote for election to certain state-wide elected offices; to thereby provide for the election of such officers by plurality vote in the same manner as other public officers; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 21-2-501 of the Official Code of Georgia Annotated, relating to the proportion of votes cast required for nomination or election to public office, is amended by striking in its entirety subsection (d) which reads as follows: (d) Until and unless Article V, Section II, Paragraph VIII(b) of the Constitution is amended so as to provide for plurality election of the Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor, such officers shall continue to be elected by majority vote as provided by the law in effect prior to July 1, 1994. 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 10, 1998.

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GAME AND FISHLIFETIME SPORTSMAN'S LICENSE; HONORARY LICENSES; WILDLIFE ENDOWMENT FUND. Code Sections 27-2-3.1 and 27-2-4 Amended. Code Section 27-2-30 Enacted. No. 827 (House Bill No. 1640). AN ACT To amend Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, so as to provide for the creation of a lifetime sportsman's license; to set fees for such a license; to establish eligibility criteria; to provide for penalties for fraudulent acquisition of such a license; to establish the Wildlife Endowment Fund; to modify provisions relating to honorary licenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to licenses, permits, and stamps generally, is amended by adding at the end of Code Section 27-2-3.1, relating to archery and firearms combination hunting license, sportsman license, and license card carrier requirement, new subsections (e) through (j) to read as follows: (e) The requirements in this title for procuring any license, stamp, or permit for noncommercial hunting and fishing privileges shall be satisfied by a resident who procures a lifetime sportsman's license. An applicant for such license shall, prior to the issuance of the license, provide satisfactory evidence of residency. For purposes of procuring a lifetime sportsman's license, the term `residency' means a domicile within Georgia for a minimum of 12 consecutive months immediately prior to procuring such license. Satisfactory evidence of residency shall consist of a current Georgia driver's license or official Georgia identification card issued by the Department of Public Safety and at least one of the following: (1) A voter registration card; (2) A copy of the prior year's Georgia income tax return; (3) A current Georgia automobile registration; or (4) A warranty deed to property at the same address as is displayed on the Georgia driver's license. Minors under 18 years of age shall be presumed to be residents upon proof of parent's residency as provided for in this Code section. For

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purposes of procuring the Type I (Infant) lifetime license, a certified copy of the birth certificate of the licensee shall be required. (f) Lifetime sportsman's licenses and fees shall be as follows: (1) Type I (Infant), available only to those individuals under two years of age: $200.00; (2) Type Y (Youth), available only to those individuals from two through 15 years of age: $350.00; (3) Type A (Adult), available to those individuals 16 years of age or older: $500.00; and (4) Type S (Senior), available to those individuals 65 years of age or older: No charge. (g) Lifetime sportsman's licenses shall be valid for the lifetime of the purchaser. Change of residency to another state shall not affect the validity of the lifetime license when hunting or fishing in Georgia. (h) Any person who knowingly attempts to purchase or obtain a lifetime sportsman's license by fraudulent means shall be guilty of a misdemeanor. Upon conviction, in addition to other penalties as provided for by law, his or her lifetime license shall be revoked by operation of law without refund of any fees paid. (i) Upon payment of a replacement fee up to $10.00, any lifetime sportsman's license other than a Type S license may be replaced if lost, stolen, or destroyed, provided that the applicant's name and lifetime license number are in the records of the department. No replacement fee shall be charged for replacement of a Type S license. Replacement fees for all other licenses shall be $3.00 per transaction, regardless of the number of licenses being replaced in a given transaction. (j) Once a lifetime license is issued, no refunds of fees will be made except in the case of the death before age 16 years of a Type I (Infant) lifetime license holder or a Type Y (Youth) license holder, in which case a full refund of fees collected may be made upon submission of the lifetime license and any other documentation required by the department. SECTION 2 . Said chapter is further amended by striking in its entirety Code Section 27-2-4, relating to honorary hunting and fishing licenses, and inserting in lieu thereof the following: 27-2-4. (a) The department shall issue an honorary hunting and fishing license, which shall entitle a resident to hunt and fish in this state without the payment of fees described in Code Section 27-2-23, to each resident who

Page 828

is permanently and totally disabled. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veteran Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a unit of federal, state, or local government recognized by the board by rule or regulation; provided, however, that persons disabled because of a mental impairment shall be issued an honorary fishing license only. Persons issued an honorary license under disability provisions shall renew such licenses and recertify their eligibility for such licenses every three years; provided, however, that honorary licenses in effect as of July 1, 1998, shall not require renewal. (b) Any resident who is totally blind and who applies to the department shall receive a lifetime honorary fishing license which shall entitle the holder thereof to fish in this state without the payment of any fee whatsoever. (c) Any person holding a valid honorary license pursuant to this Code section shall not be required to obtain the trout stamp and big game license otherwise required by Code Section 27-2-6. (d) All honorary hunting and fishing licenses are subject to all wildlife laws, rules, and regulations with the exception of the provisions requiring the payment of fees described in Code Section 27-2-23 for such licenses. Such honorary licenses may be revoked in accordance with this title. It shall be unlawful for any person who has an honorary hunting and fishing license to permit the use of same by any other person. It shall also be unlawful for any person who is not entitled to an honorary hunting and fishing license to use such a license or for any totally and permanently disabled person issued such a license to possess or use such license when the disability is no longer total or permanent. Licenses for the totally and permanently disabled may, upon a determination that the disability is no longer total or permanent, be revoked until such time as the disability is again total and permanent. (e) The commissioner is authorized to make and enter into agreements from time to time, with the proper authorities of various states of the United States regarding nonresident hunting and fishing license fees for persons 65 years of age or older so as to provide honorary hunting and fishing licenses to be issued without charge to nonresidents 65 years of age or older where such practice is reciprocated for Georgia residents in that person's state of residence. (f) Persons holding lifetime honorary licenses issued to persons 65 years of age or older prior to April 1, 1999, shall not be required to obtain a lifetime license pursuant to Code Section 27-2-3.1, and such lifetime honorary license shall carry the same rights and privileges as a lifetime license issued pursuant to that Code section.

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SECTION 3 . Said chapter is further amended by adding a new Code Section 27-2-30 to read as follows: 27-2-30. (a) The General Assembly recognizes that lifetime sportsman license purchasers expect and are entitled to assurance that funds for such licenses will be used throughout their life expectancy to provide quality hunting and fishing experiences. Therefore, the General Assembly declares its intent that lifetime licenses yield annual revenue in perpetuity for the support of wildlife management programs of the department and recognizes that annual income generation is necessary for these licenses to be included in apportionment formulas for federal fish and wildlife funding. (b) In recognition of its obligations to lifetime sportsman license purchasers, the General Assembly directs the department to establish a fund known as the Wildlife Endowment Fund for receipt of funds of an amount equal to that generated by the sale of lifetime sportsman licenses listed in subsection (e) of Code Section 27-2-3.1. Further, the General Assembly declares its intent to appropriate to the Wildlife Endowment Fund each fiscal year an amount equal to that generated by the prior year's sales of lifetime licenses. The fund is also authorized to accept contributions from private individuals and entities. All funds appropriated and those contributed to the Wildlife Endowment Fund shall be deemed expended and contractually obligated and shall not lapse to the general fund. (c) The commissioner of natural resources shall be the trustee of the Wildlife Endowment Fund with full authority over the administration of the fund. The director of the Office of Treasury and Fiscal Services shall be the custodian of the Wildlife Endowment Fund and shall invest its assets in accordance with Georgia laws and shall report to the department the annual income and contributions to the fund. The intent of the General Assembly is that such income from the fund be appropriated annually to the department for the purposes stated in subsection (d) of this Code section. (d) The Wildlife Endowment Fund constitutes a special trust derived from a contractual relationship between the state and the members of the public whose lifetime license purchases contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the fund: (1) No expenditures or disbursements from appropriations equivalent to the income or proceeds derived from the sales of Types I and Y lifetime sportsman's licenses shall be made for any purpose until the respective holders of such licenses attain the age of 16 years. The

Page 830

director of the Office of Treasury and Fiscal Services, as custodian of the fund, shall determine actuarially from time to time the amount of such proceeds which remains encumbered by and the amount of such proceeds which is free of this restriction and shall advise the commissioner of such information. For such purposes, the commissioner shall cause the amount of proceeds from Type I licenses to be identified and proceeds from Type Ylicenses to be accompanied by information as to the ages of the license recipients; (2) No expenditure or disbursement may be made from the principal and interest of the fund except as otherwise provided by law; (3) The principal and interest of the fund must be spent only for the conservation and management of wildlife and fisheries resources and the acquisition of habitat upon which such resources are dependent; (4) No such habitat acquired with money from the fund shall be voluntarily transferred to the federal government or any international agency or organization. (5) The trustee of the Wildlife Endowment Fund may accumulate the income of the fund and may direct expenditures from the income of the fund; and (6) Expenditure of the income derived from the fund must be made with the approval of the trustee in accordance with the provisions of the General Appropriations Act. The fund is subject to the oversight of the director of of the Office of Treasury and Fiscal Services. (e) The fund and income from it do not take the place of other state appropriations or agency receipts but are supplemental to other funds and appropriations made available to the department for carrying out its responsibilities under this title. (f) If the Department of Natural Resources is dissolved, the chief executive officer of the succeeding agency shall assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this Code section on expenditures from the fund. No repeal or modification of this Code section alters the fundamental purposes to which the fund is applied. No future dissolution of the Department of Natural Resources or substitution of any agency in its stead shall invalidate any lifetime license issued in accordance with this title. SECTION 4 . This Act shall become effective April 1, 1999. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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PENAL INSTITUTIONSREGISTRATION OF SEXUALLY VIOLENT PREDATORS AND PERSONS WHO COMMITTED OFFENSES AGAINST MINORS. Code Section 42-1-12 Amended. No. 828 (Senate Bill No. 39). AN ACT To amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, so as to provide that some duties formerly assigned to the sentencing court are now assigned to the Division of Probation of the Department of Corrections; to change definitions; to provide for registration within ten days of release or placement on parole, supervised release, or probation; to provide for registration with and reporting of changes in address to the local sheriff's office; to provide for furnishing registration information to the Georgia Bureau of Investigation; to provide that the sheriff shall obtain needed information concerning the registrant; to provide for the dissemination of certain information relating to sexual predators; to change penalties for failure to register or providing false information; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions relative to penal institutions, is amended by striking in its entirety Code Section 42-1-12, relating to the registration of sexually violent predators, and inserting in lieu thereof the following: 42-1-12. (a) As used in this Code section, the term: (1) `Appropriate state official' means: (A) With respect to an offender who is sentenced to probation without any sentence of incarceration in the state prison system, the Division of Probation of the Department of Corrections; (B) With respect to an offender who is sentenced to a period of incarceration in a prison under the jurisdiction of the Department of Corrections and who is subsequently released from prison or placed on probation, the commissioner of corrections or his or her designee; and (C) With respect to an offender who is placed on parole, the chairperson of the State Board of Pardons and Paroles or his or her designee.

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(2) `Board' means the Sexual Offender Registration Review Board. (3) `Conviction' includes a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty. Unless otherwise required by federal law, a defendant who is discharged without adjudication of guilt and who is not considered to have a criminal conviction pursuant to Article 3 of Chapter 8 of this title, relating to first offenders, shall not be subject to the registration requirements of this Code section. (4) (A) `Criminal offense against a victim who is a minor' means any criminal offense under Title 16 or any offense under federal law or the laws of another state or territory of the United States which consists of: (i) Kidnapping of a minor, except by a parent; (ii) False imprisonment of a minor, except by a parent; (iii) Criminal sexual conduct toward a minor; (iv) Solicitation of a minor to engage in sexual conduct; (v) Use of a minor in a sexual performance; (vi) Solicitation of a minor to practice prostitution; or (vii) Any conduct that by its nature is a sexual offense against a minor as specifically designated for registration by the prosecution. (B) For purposes of this paragraph, conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (5) `Mental abnormality' means a congenital or acquired condition of a person that affects the emotional or volitional capacity of the person in a manner that predisposes that person to the commission of criminal sexual acts to a degree that makes the person a menance to the health and safety of other persons. (6) `Predatory' means an act directed at a stranger or a person with whom a relationship has been established or promoted for the primary purpose of victimization. (7) `Sexually violent offense' means a conviction for violation of Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to aggravated sodomy; Code Section 16-6-4, relating to aggravated child molestation; or Code Section 16-6-22.2, relating to aggravated sexual battery; or an offense that has as its element engaging in physical contact with another person with intent to commit such an offense; or a conviction in a federal court or court of another state or territory for

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any offense which under the laws of this state would be classified as a violation of a Code section listed in this paragraph. (8) `Sexually violent predator' means a person who has been convicted on or after July 1, 1996, of a sexually violent offense and who suffers from a mental abnormality or personality disorder or attitude that places the person at risk of perpetrating any future predatory sexually violent offenses. (b) (1) (A) (i) On and after July 1, 1996, a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the sheriff's office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section. (ii) A person who has previously been convicted of a criminal offense against a victim who is a minor or who has previously been convicted of a sexually violent offense and who is released from prison or placed on parole, supervised release, or probation on or after July 1, 1996, shall register within ten days after such release or placement his or her name and current address; place of employment, if any; the crime of which convicted; and the date released from prison or placed on parole, supervised release, or probation with the sheriff's office in the county where such person will reside for the time period specified in paragraph (1) of subsection (g) of this Code section. (B) A person who is a sexually violent predator shall register within ten days after his or her release from prison or placement on parole, supervised release, or probation the information required under subparagraph (A) of this paragraph with the sheriff's office in the county where such person will reside. The sheriff may prepare a list of such sexual predators providing each person's name, address, and photograph. The sheriff shall update the list periodically and may post such list in a prominent and visible location in the sheriff's office and each city hall or primary administration building of every incorporated municipality within the county. Such list shall also be made available upon request to any public or private elementary, secondary, or postsecondary school or educational institution located in the county. The provisions of this subparagraph shall apply to a sexually violent predator until such requirement is terminated under paragraph (2) of subsection (g) of this Code section. (2) (A) A determination that a person is a sexually violent predator and a determination that a person is no longer a sexually violent

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predator shall be made by the sentencing court after receiving a report by the Sexual Offender Registration Review Board. (B) The Sexual Offender Registration Review Board shall be composed of three professionals licensed under Title 43 and knowledgeable in the field of the behavior and treatment of sexual offenders. The members of such board shall be appointed by the commissioner of human resources for terms of four years with initial terms commencing September 1, 1996. After the initial terms specified in this subparagraph, members of the board shall take office on the first day of September immediately following the expired term of that office and shall serve for a term of four years and until the appointment of their respective successors. No member shall serve on the board more than two consecutive terms. Vacancies occurring on the board, other than those caused by expiration of a term of office, shall be filled in the same manner as the original appointment to the position vacated for the remainder of the unexpired term and until a successor is appointed. Members shall be entitled to an expense allowance and travel cost reimbursement the same as members of certain other boards and commissions as provided in Code Section 45-7-21. (C) Upon a determination that an offender is guilty of a sexually violent offense, the court may request a report from the Sexual Offender Registration Review Board as to the likelihood that the offender suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. The report shall be requested as a matter of course for any offender with a history of sexually violent offenses. The court shall provide the Sexual Offender Registration Review Board with any information available to assist the board in rendering an opinion. The board shall have 60 days from receipt of the court's request to respond with its report. Within 60 days of receiving the report, the court shall issue a ruling as to whether or not the offender shall be classified as a sexually violent predator. If the court determines the offender to be a sexually violent predator, such fact shall be communicated in writing to the appropriate state official and to the Georgia Bureau of Investigation. (D) An offender who has been determined to be a sexually violent predator and who is required to register under this Code section may make application to the board to have such registration requirements terminated on the grounds that such person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. Such an application may be made by the offender and heard by the board only after the offender has been released on parole or probation or from incarceration for a period of three

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years and not more than once every two years thereafter. If the board determines that such offender should no longer be classified as a sexually violent predator, such information shall be forwarded to the sentencing court, where a final decision on the matter shall be rendered. If the court concurs with the board's recommendation, such information shall be forwarded to the Georgia Bureau of Investigation and the registration requirements of subparagraph (B) of paragraph (1) of this subsection shall no longer apply to such offender; provided, however, that an individual who is no longer deemed a sexually violent predator shall be required to register under subparagraph (A) of paragraph (1) of this subsection for the time period specified in paragraph (1) of subsection (g) of this Code section. If such a determination is not made by the court to terminate the registration requirements, the offender shall be required to continue to comply with the registration requirements of subparagraph (B) of paragraph (1) of this subsection. (3) (A) If a person who is required to register under this Code section is released from prison or placed on parole, supervised release, or probation, the appropriate state official shall: (i) Inform the person of the duty to register and obtain the information required under subparagraph (A) of paragraph (1) of this subsection for such registration; (ii) Inform the person that, if the person changes residence address, the person shall give the new address to the sheriff with whom the person last registered, not later than ten days after the change of address. Following such notification the sheriff's office shall notify immediately the Georgia Bureau of Investigation through the Criminal Justice Information System (CJIS) of each change of residence address; (iii) Inform the person that, if the person changes residence to another state, the person shall register the new address with the sheriff with whom the person last registered, and that the person shall also register with a designated law enforcement agency in the new state not later than ten days after establishing residence in the new state; (iv) Obtain fingerprints and a photograph of the person if such fingerprints and photograph have not already been obtained in connection with the offense that triggered the initial registration; and (v) Require the person to read and sign a form stating that the duty of the person to register under this Code section has been explained. A copy of this form and any other registration information furnished by the Department of Corrections shall be forwarded to the Georgia Bureau of Investigation.

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(B) In addition to the requirements of subparagraph (A) of this paragraph, for a person required to register under subparagraph (B) of paragraph (1) of this subsection, the appropriate state official shall obtain the name of the person; descriptive physical and behavioral information to assist law enforcement personnel in identifying the person; known current or proposed residence addresses of the person; place of employment, if any; offense history of the person; and documentation of any treatment received for any mental abnormality or personality disorder of the person; provided, however, that the appropriate state official shall not be required to obtain any information already on the criminal justice information system of the Georgia Crime Information Center. (C) The Georgia Crime Information Center shall create criminal justice information system network transaction screens by which appropriate state officials shall enter original data required by this Code section. Screens shall also be created for sheriffs' offices for the entry of record confirmation data, changes of residence, employment or other pertinent data, and to assist in offender identification. (D) Any person changing residence from another state or territory of the United States to Georgia who is required to register under federal law or the laws of another state or territory or who has been convicted of an offense in another state or territory which would require registration under this Code section if committed in this state shall comply with the registration requirements of this Code section. Such person shall register the new address and employment information with the sheriff of the county of new residence not later than ten days after the date of establishing residency in this state. Upon the person's registration with the sheriff of the county of new residence, the sheriff or his or her designee shall forward the registration information to the Georgia Bureau of Investigation. The sheriff or his or her designee shall obtain any needed information concerning the registrant, including fingerprints and a photograph of the person if such fingerprints and photograph have not previously been obtained within the State of Georgia. In addition, the sheriff or his or her designee shall inform the person of the duty to report any change of address as otherwise required in this Code section. The Georgia Bureau of Investigation shall forward such information in the manner described in subsection (c) of this Code section. (c) The appropriate state official shall, within three days after receipt of information described in paragraph (3) of subsection (b) of this Code section, forward such information to the Georgia Bureau of Investigation. Once the data is entered into the criminal justice information system by the appropriate state official or sheriff, the Georgia Crime

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Information Center shall immediately notify the sheriff of the county where the person expects to reside. The Georgia Bureau of Investigation shall also immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. It shall be the duty of the sheriff of each county within this state to maintain a register of the names and addresses of all offenders whose names have been provided by the Georgia Bureau of Investigation to the sheriff under this Code section. The Georgia Bureau of Investigation shall establish operating policies and procedures concerning record ownership, quality, verification, modification, and cancellation and shall perform mail out and verification duties on a quarterly basis. The Georgia Bureau of Investigation shall send each month criminal justice information system network messages to sheriffs listing offenders due for verification. The bureau shall also create a photo image file from original entries and provide such entries to sheriffs to assist in offender identification and verification. (d) (1) For a person required to register under subparagraph (b) (1) (A) of this Code section, on each anniversary of the person's initial registration date during the period in which the person is required to register under this Code section the following applies: (A) The Georgia Bureau of Investigation shall mail a nonforwardable verification form to the last reported address of the person; (B) The person shall be required as a condition of parole or probation to respond directly to the sheriff within ten days after receipt of the form; (C) The verification form stating that the person still resides at the address last reported to the Georgia Bureau of Investigation shall be signed by the person and retained by the sheriff; and (D) If the person fails to respond directly to the sheriff within ten days after receipt of the form, the person shall be in violation of this Code section unless the person proves that he or she has not changed the residence address. (2) The provisions of paragraph (1) of this subsection shall be applied to a person required to register under subparagraph (b) (1) (B) of this Code section, except that such person must verify the registration every 90 days after the date of the initial release or probation by the court or the initial release by the Department [Illegible Text] Corrections or commencement of parole. (e) A change of address by a person required to register under this Code section reported to the Georgia Bureau of Investigation shall be immediately reported to the sheriff of the county where the person resides. The Georgia Bureau of Investigation shall, if the person change

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residence to another state, notify the law enforcement agency with which the person must register in the new state. (f) A person who has been convicted of an offense which requires registration under this Code section shall register the new address with a designated law enforcement agency in another state to which the person moves not later than ten days after such person establishes residence in the new state if the new state has a registration requirement. (g) (1) A person required to register under subparagraph (b)(1)(A) of this Code section shall continue to comply with this Code section until ten years have elapsed since the person was released from prison or placed on parole, supervised release, or probation. (2) The requirement of a person to register under subparagraph (b)(1)(B) of this Code section shall terminate upon a determination, made in accordance with paragraph (2) of subsection (b) of this Code section, that the person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense. (h) Any person who is required to register under this Code section and who fails to comply with the requirements of this Code section or who provides false information shall be guilty of a misdemeanor; provided, however, that upon the conviction of the second or subsequent offense under this subsection, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years or by a fine in an amount of up to $100,000.00, or both. (i) The information collected under the state registration program shall be treated as private data except that: (1) Such information may be disclosed to law enforcement agencies for law enforcement purposes; (2) Such information may be disclosed to government agencies conducting confidential background checks; (3) The Georgia Bureau of Investigation or any sheriff maintaining records required under this Code section shall release relevant information collected under this Code section that is necessary to protect the public concerning those persons required to register under this Code section, except that the identity of a victim of an offense that requires registration under this Code section shall not be released. In addition to any other notice that may be necessary to protect the public, nothing herein shall prevent any sheriff from posting this information in any public building in addition to those locations enumerated in subparagraph (b)(1)(B) of this Code section; and (4) It shall be the responsibility of the sheriff maintaining records required under this Code section to enforce the criminal provisions of

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this Code section. The sheriff may request the assistance of the Georgia Bureau of Investigation upon his or her discretion. (j) Law enforcement agencies, employees of law enforcement agencies, members of the Sexual Offender Registration Review Board, and state officials shall be immune from liability for good faith conduct under this Code section. (k) The provisions of this Code section shall be in addition to and not in lieu of the provisions of Code Section 42-9-44.1, relating to conditions for parole of sexual offenders. (l) The Board of Public Safety is authorized to promulgate rules and regulations necessary for the Georgia Bureau of Investigation and the Georgia Crime Information Center to implement and carry out the provisions of this Code section. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. ALCOHOLIC BEVERAGESCOUNTIES OF 58,000 OR MORE; SUNDAY SALES AT MOTOR SPORT ROAD RACE TRACK FACILITIES. Code Section 3-3-7 Amended. No. 829 (Senate Bill No. 537). AN ACT To amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to allow for Sunday alcoholic beverage sales at motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons in certain counties; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, is amended by inserting a new subsection to be designated subsection (f) to read as follows: (f) In each county having a population of 58,000 or more according to the United States decennial census of 1990, or any future such census in which the sale of alcoholic beverages is lawful, alcoholic beverages may

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be sold for consumption on the premises on each day of the week, including Sundays between the hours of 12:30 P.M. and 12:00 Midnight, on the premises of motor sport road race track facilities with a permanent seating capacity in excess of 10,000 persons. As used in this subsection, the term `premises' means restaurants, grandstands, and other event viewing areas owned, leased, or controlled by the establishment which is licensed to sell distilled spirits, malt beverages, or wines for consumption on the premises. SECTION 2 . This Act shall become effective on July 1, 1998. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. CRIMINAL PROCEDUREPROBATION; FEES TO BE PAID INTO GEORGIA CRIME VICTIMS EMERGENCY FUND. Code Sections 17-15-13 and 42-8-34 Amended. No. 830 (Senate Bill No. 409). AN ACT To amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to compensation of crime victims, and Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, so as to require a portion of probation supervision fees to be forwarded to the Georgia Crime Victims Emergency Fund; 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 17 of the Official Code of Georgia Annotated, relating to compensation of crime victims, is amended by adding at the end of Code Section 17-15-13, relating to payments into Georgia Crime Victims Emergency Fund as a condition of probation, a new subsection (f) to read as follows: (f) In every case where an individual is serving under active probation supervision and paying a supervision fee, $3.00 per month shall be added to any supervision fee collected by any entity authorized to collect such fees and shall be paid into the Georgia Crime Victims Emergency Fund. This subsection shall apply to probationers supervised under

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either Code Section 42-8-20 or 42-8-100. The probation supervising entity shall collect and forward the $3.00 fee to the Georgia Crime Victims Compensation Board by the end of each month. SECTION 2 . Article 2 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to the state-wide probation system, is amended by striking in its entirety subsection (d) of Code Section 42-8-34, relating to hearings and determinations, and inserting in lieu thereof a new subsection (d) to read as follows: (d) In every case that a court of this state or any other state sentences a defendant to probation or any pretrial release or diversion program under the supervision of the department, in addition to any fine or order of restitution imposed by the court, there shall be imposed a probation fee as a condition of probation, release, or diversion in the amount equivalent to $23.00 per each month under supervision. The probation fee may be waived or amended after administrative process by the department and approval of the court, or upon determination by the court, as to the undue hardship, inability to pay, or any other extenuating factors which prohibit collection of the fee; provided, however, that the imposition of sanctions for failure to pay fees shall be within the discretion of the court through judicial process or hearings. Probation fees shall be waived on probationers incarcerated or detained in a departmental or other confinement facility which prohibits employment for wages. All probation fees collected by the department shall be paid into the general fund of the state treasury, except as provided in subsection (f) of Code Section 17-15-13, relating to sums to be paid into the Georgia Crime Victims Emergency Fund. SECTION 3 . This Act shall become effective on July 1, 1998. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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COURTSJUVENILE PROCEEDINGS; FINGERPRINTS; PHOTOGRAPHS; RECORDS AND FILES; ACCESS AND USE; GEORGIA CRIME INFORMATION CENTER. Code Title 15, Chapter 11, Article 1 Amended. Code Sections 17-10-1 and 35-3-33 Amended. No. 831 (Senate Bill No. 421). AN ACT To amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court proceedings, so as to define a term; to limit access to juvenile fingerprint records to the administration of criminal justice; to require that all children charged with acts which would be a felony if committed by an adult be fingerprinted and photographed; to authorize fingerprinting a juvenile if latent fingerprints are found at a crime scene under certain circumstances; to require that fingerprints and other information about juveniles be forwarded to the Georgia Crime Information Center under certain circumstances; to provide that inspection of the sealed files may be permitted upon written petition to the court by law enforcement officials for criminal justice purposes; to authorize preservation of juvenile records beyond ten years for identification purposes upon written application by law enforcement officials for criminal justice purposes; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, so as to authorize judges to use records of any previous juvenile dispositions or evidence in sentencing a defendant for a felony; to amend Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, so as to require the center to obtain and file fingerprints and other information on persons who are charged with certain acts and under other circumstances; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended in Code Section 15-11-2, relating to definitions, by inserting after paragraph (4) a new paragraph (4.1) and after paragraph (8) a new paragraph (8.1) to read as follows: (4.1) `Criminal justice purposes' means the performance of any activity directly involving the investigation, detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of children or adults

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who are accused, convicted of, or charged with crimes or the collection, storage, and dissemination of criminal history record information. (8.1) `Identification data' means the fingerprints, name, race, sex, date of birth, and any other unique identifiers of the juvenile. SECTION 2 . Said article is further amended by striking in its entirety Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in lieu thereof a new Code Section 15-11-59 to read as follows: 15-11-59. (a) Except as provided in Code Sections 15-11-58 and 15-11-60, 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; (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

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appointed pursuant to Chapter 2, 3, or 8 of Title 20 when necessary for the discharge of his or her official duties. (d) The court shall allow authorized representatives of the Department of Juvenile Justice, 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. (e) Any law enforcement records and files involving an offense over which the superior court shall have exclusive jurisdiction as provided in paragraph (2) of subsection (b) of Code Section 15-11-5 shall be kept and reported in the same manner as the records and files of adults. (f) Access to fingerprint records submitted to the Georgia Bureau of Investigation pursuant to Code Section 15-11-60 shall be limited to the administration of criminal justice purposes as defined in Code Section 15-11-2. SECTION 3 . Said article is further amended by striking in its entirety Code Section 15-11-60, relating to when a child shall be fingerprinted, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows: 15-11-60. (a) Every child charged with an act which would be a felony if committed by an adult, other than those status offender crimes as defined in Code Section 15-11-2, shall be fingerprinted and photographed upon being taken into custody. Fingerprints and photographs of children shall be taken and filed separately from those of adults by law enforcement officials to be used in investigating the commission of crimes and to be made available as provided in this article and as may be directed by the court. (b) All juveniles sentenced to the custody of the Department of Corrections shall be fingerprinted. The fingerprinting of juvenile inmates will be processed in accordance with the Department of Corrections' policies for adult inmates. (c) Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. The names and addresses of children who have been fingerprinted or photographed and the offense or offenses charged shall be made available in the discretion of the court to the appropriate department of family and children services and school superintendent. This information may be disseminated by the appropriate school superintendent to the child's teachers and counselors in the superintendent's discretion. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.

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(d) If a child has been charged with an offense that if committed by an adult would be a felony, or if the case is transferred to another court for prosecution, the child's fingerprints, personal identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The Georgia Crime Information Center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and is authorized to disseminate such data for the purposes specified in Code Section 15-11-59. (e) Upon application of the child, fingerprints and photographs of a child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either a petition is filed or the case is transferred to the juvenile court as provided in Code Section 15-11-13 or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed pursuant to this subsection, and the Georgia Bureau of Investigation shall treat such records in the same manner as expunged records pursuant to subsection (c) of Code Section 35-3-37. (f) Except as provided in this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution. (g) (1) The name or picture of any child under the jurisdiction of the juvenile court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child. SECTION 4 . Said article is further amended by striking subsection (c) of Code Section 15-11-61, relating to sealing of records, and inserting in lieu thereof a new subsection (c) to read as follows: (c) Upon the entry of the order the proceeding shall be treated as if it had never occurred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or official therein named and shall also be sent to the deputy director of the Georgia Crime Information Center. Inspection of the sealed files and

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records thereafter may be permitted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order or to criminal justice officials upon petition to the court for official judicial enforcement or criminal justice purposes. SECTION 5 . Said article is further amended by striking subsection (c) of Code Section 15-11-65, relating to juvenile court as a court of inquiry, and inserting in lieu thereof a new subsection (c) to read as follows: (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 court shall notify the deputy director of the Georgia Crime Information Center upon the destruction of any such felony records. 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. The provisions of this subsection notwithstanding, identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section 35-3-33. SECTION 6 . Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the procedure for sentencing and imposition of punishment, is amended by adding a new subsection (e) immediately following subsection (d) of Code Section 17-10-1, relating to the fixing of a sentence, to read as follows: (e) In any case involving a felony in which the defendant previously appeared before a juvenile court, the records of the dispositions of the defendant as well as any evidence used in any juvenile court hearing shall be available to the district attorney, the defendant, and the superior court judge in determining sentencing as provided in Code Section 15-11-38. SECTION 7 . Article 2 of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia Crime Information Center, is amended

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by striking in its entirety Code Section 35-3-33, relating to powers and duties of the center generally, and inserting in lieu thereof a new Code section to read as follows: 35-3-33. (a) The center shall: (1) Obtain and file fingerprints, descriptions, photographs, and any other pertinent identifying data on persons who: (A) Have been or are hereafter arrested or taken into custody in this state: (i) For an offense which is a felony; (ii) For an offense which is a misdemeanor or a violation of an ordinance involving burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, dangerous drugs, marijuana, narcotics, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks; (iii) For an offense charged as disorderly conduct but which relates to an act connected with one or more of the offenses under division (ii) of this subparagraph; (iv) As a fugitive from justice; or (v) For any other offense designated by the Attorney General; (B) Are or become career criminals, well-known offenders, or habitual offenders; (C) Are currently or become confined to any prison, penitentiary, or other penal institution; (D) Are unidentified human corpses found in this state; or (E) Are children who are charged with an offense that if committed by an adult would be a felony or are children whose cases are transferred from a juvenile court to another court for prosecution; (2) Compare all fingerprint and other identifying data received with those already on file and, whether or not a criminal record is found for a person, at once inform the requesting agency or arresting officer of such facts as may be disseminated consistent with applicable security and privacy laws and regulations. A log shall be maintained of all disseminations made of each individual criminal history including at least the date and recipient of such information; (3) Provide a uniform crime reporting system for the periodic collection, analysis, and reporting of crimes reported to and otherwise

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processed by any and all law enforcement agencies within the state, as defined and provided for in this article; (4) Develop procedures for periodically auditing crime reporting practices of local law enforcement agencies to ensure compliance with the standards of national and state uniform crime reporting systems; (5) Develop, operate, and maintain an information system which will support the collection, storage, retrieval, and dissemination of all crime and offender data described in this article consistent with those principles of scope, security, and responsiveness prescribed by this article; (6) Cooperate with all criminal justice agencies within the state in providing those forms, procedures, standards, and related training assistance necessary for the uniform operation of the center; (7) Offer assistance and, when practicable, instruction to all local law enforcement agencies in establishing efficient local records systems; (8) Compile statistics on the nature and extent of crime in the state and compile other data related to planning for and operating criminal justice agencies, provided that such statistics do not identify persons, and make available all such statistical information obtained to the Governor, the General Assembly, and any other governmental agencies whose primary responsibilities include the planning, development, or execution of crime reduction programs. Access to such information by the latter governmental agencies will be on an individual, written request basis wherein must be demonstrated a need to know, the intent of any analyses, dissemination of such analyses, and any security provisions deemed necessary by the center; (9) Periodically publish statistics, no less frequently than annually, that do not identify persons, agencies, corporations, or other legal entities and report such information to the Governor, the General Assembly, state and local criminal justice agencies, and the general public. Such information shall accurately reflect the level and nature of crime in the state and the operations in general of the different types of agencies within the criminal justice system; (10) Make available, upon request, to all local and state criminal justice agencies, all federal criminal justice agencies, and criminal justice agencies in other states any information in the files of the center which will aid these agencies in the performance of their official duties. For this purpose the center shall operate on a 24 hour basis, seven days a week. Such information when authorized by the council may also be made available to any other agency of the state or political subdivision of the state and to any other federal agency upon assurance by the agency concerned that the information is to be used

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for official purposes only in the prevention or detection of crime or the apprehension of criminal offenders; (11) Cooperate with other agencies of the state, the crime information agencies of other states, and the Uniform Crime Reports and National Crime Information Center systems of the Federal Bureau of Investigation in developing and conducting an interstate, national, and international system of criminal identification, records, and statistics; (12) Provide the administrative mechanisms and procedures necessary to respond to those individuals who file requests to view their own records as provided for in this article and to cooperate in the correction of the central center records and those of contributing agencies when their accuracy has been successfully challenged either through the related contributing agencies or by court order issued on behalf of the individual; (13) Institute the necessary measures in the design, implementation, and continued operation of the criminal justice information system to ensure the privacy and security of the system. This will include establishing complete control over use and access of the system and restricting its integral resources and facilities to those either possessed or procured and controlled by criminal justice agencies as defined in this article. Such security measures must meet standards to be set by the council as well as those set by the nationally operated systems for interstate sharing of information; and (14) Provide availability, by means of data processing, to files listing motor vehicle drivers' license numbers, motor vehicle registration numbers, wanted and stolen motor vehicles, outstanding warrants, identifiable stolen property, and such other files as may be of general assistance to law enforcement agencies. (b) Criminal justice agencies shall furnish upon written request and without charge to any local fire department in this state a copy, processed under purpose code `J', of the criminal history record information of an applicant for employment. (c) The provisions of this article notwithstanding, information and records of juveniles shall only be inspected and disclosed as provided in Code Sections 15-11-59 and 15-11-60. Such records and information shall be destroyed according to the procedures outlined in Code Sections 15-11-61 and 15-11-65. SECTION 8 . This Act shall become effective on July 1, 1998. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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SOCIAL SERVICESTEMPORARY ASSISTANCE FOR NEEDY FAMILIES; QUALIFIED ALIENS. Code Section 49-4-188 Amended. No. 832 (Senate Bill No. 531). AN ACT To amend Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the Temporary Assistance for Needy Families Act, so as to to change the provisions relating to assistance for qualified aliens; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the Temporary Assistance for Needy Families Act, Said article is amended by striking subsection (b) of Code Section 49-4-188, relating to assistance for qualified aliens, and inserting in its place the following: (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, 1999, unless such period is extended by enactment of the General Assembly, upon meeting the same qualifications and conditions as other applicants. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. STATE GOVERNMENTTORT LIABILITY OF THE STATE AND ITS POLITICAL SUBDIVISIONS; IMMUNITY AGAINST CLAIMS ARISING FROM CERTAIN COMPUTER ERRORS. Code Section 36-60-19 Enacted. Code Section 50-21-24 Amended. No. 833 (Senate Bill No. 638). AN ACT To amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so

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as to provide that certain political subdivisions of the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or times under certain circumstances; to provide for related matters; to amend Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, The Georgia Tort Claims Act, so as to provide that the state shall have no liability for certain computer errors; to provide for applicability to failures to properly process dates or times under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, is amended by adding a new Code section at the end thereof, to be designated Code Section 36-60-19, to read as follows: 36-60-19. (a) As used in this Code section, the term `political subdivision of the state' means any office, agency, department, commission, board, division, and institution of any county or municipality of the State of Georgia. (b) A political subdivision of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design. SECTION 2 . Article 2 of Chapter 21 of Title 50 of the Official Code of Georgia Annotated, The Georgia Tort Claims Act, is amended in Code Section 50-21-24, relating to exceptions to state liability, by striking the word or at the end of paragraph (11); by replacing the period at the end of paragraph (12) with the symbol and word ; or; and by adding a new paragraph (13) to read as follows: (13) Any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process

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dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. LAW ENFORCEMENT OFFICERS AND AGENCIESGEORGIA STATE PATROL; TROOPER APPOINTMENT ELIGIBILITY REQUIREMENTS. Code Section 35-2-43 Repealed. No. 834 (Senate Bill No. 586). AN ACT To amend Article 2 of Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, so as to repeal certain requirements for appointment to the position of trooper; 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 35 of the Official Code of Georgia Annotated, relating to the Georgia State Patrol, is amended by striking in its entirety Code Section 35-2-43, relating to eligibility for appointment to or enlistment in the Uniform Division, which Code section reads as follows: 35-2-43. (a) No person shall be eligible for appointment as an officer or trooper of the Uniform Division unless such person is a citizen of the United States, of good health and good moral character, and not less than 21 years of age at the time of appointment. (b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent, shall have completed 90 quarter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public

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Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commissioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers. (c) Any person or persons who are classed as specialists or experts in any particular field in connection with police work shall be eligible for appointment or enlistment in the Uniform Division of the Department of Public Safety designated as the Georgia State Patrol without being required to meet the physical requirements required under the rules and regulations of the department. (d) The age limits provided for in subsection (a) of this Code section shall not apply to the commissioner and deputy commissioner of public safety. (e) In the event any person is appointed or enlists as a specialist or expert and such person at the time of his appointment or enlistment has a physical disability, such person shall not be eligible at a later date to be retired due to such disability. (f) No former member of the National Guard of this state or of any other state, of the armed forces of the United States, or of any other law enforcement agency of the United States or of the various states thereof who has been discharged with a discharge less than an honorable discharge nor any former member of the Georgia State Patrol who shall have been discharged for cause shall be eligible for appointment or reappointment to the Uniform Division of the Department of Public Safety., and inserting in lieu thereof a new Code Section 35-2-43 to read as follows: 35-2-43. Reserved. 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 10, 1998.

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COURTSJUVENILE PROCEEDINGS; COUNSELING OR COUNSEL AND ADVICE PURSUANT TO COURT ORDER; CUSTODY ORDER DURATION. Code Sections 15-11-36.1 and 15-11-41 Amended. No. 835 (Senate Bill No. 660). 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 expand the circumstances when the court is authorized to order counseling or counsel and advice; to correct a cross-reference; to provide for custody orders to last until the child's eighteenth birthday in certain circumstances; to provide for periodic reports; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking in its entirety Code Section 15-11-36.1, relating to court orders for counseling or counsel and advice, and inserting in its place the following: 15-11-36.1. When any child is before a juvenile court and such child is found by the court to have committed a delinquent act, to be a deprived child, to be an unruly child, or to have committed a juvenile traffic offense as defined in Code Section 15-11-49, the court shall be authorized, in addition to any other disposition authorized by this article, to order such child and such child's parents or guardian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future delinquent or unruly acts, conditions of deprivation, or other conduct or conditions which would be harmful to the child or society. SECTION 2 . Said article is further amended in Code Section 15-11-41, relating to disposition orders, by redesignating subsections (j), (k), (l), (m), (n), and (o) as subsections (k), (l), (m), (n), (o), and (p), respectively, and inserting a new subsection (j) to read as follows:

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(j) If, after a judicial hearing in which the court finds that reunification is not in the best interests of the child and custody is granted to a relative, the custody order shall remain in effect until the child's eighteenth birthday unless modified following a petition for modification by a party pursuant to Code Section 15-11-42. Within 36 months of the custody order and every 36 months thereafter, a probation officer, judicial citizen review panel established by the court, or other person or agency designated by the court shall, after study or review, submit a report to the court addressing whether the relative with custody continues to be qualified to receive and care for the child. A copy of the report shall be mailed to the parents at their last known address. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998. HEALTHCOUNTY BOARDS OF HEALTH; MEMBERSHIP; SCHOOL SUPERINTENDENTS' DESIGNEES. Code Section 31-3-2 Amended. No. 836 (Senate Bill No. 666). AN ACT To amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, so as to provide that the county superintendent of schools may designate a person to serve in such superintendent's place as a member of such board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to membership of county boards of health, is amended by striking paragraph (2) thereof and inserting in its place the following: (2) One member shall be the county superintendent of schools or other school personnel may be designated by said superintendent for such time period as determined by the superintendent but not to exceed such superintendent's contract term; . SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.

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LOCAL GOVERNMENTANNEXATION; EFFECTIVENESS; ZONING. Code Sections 36-36-2 and 36-66-4 Amended. Code Section 36-36-11 Enacted. No. 837 (House Bill No. 1603). AN ACT To amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change certain provisions with respect to the effective date of annexation; to add a provision relating to resolution of land use classification disputes; to require initiation of zoning procedures prior to the effective date of annexation; 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 Annotated, relating to local government, is amended by striking Code Section 36-36-2, relating to the effective date of annexation, and inserting in its place a new Code Section 36-36-2 to read as follows: 36-36-2. (a) Except as provided in subsection (c) of this Code section, all annexation other than by local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first day of the month following the month during which the requirements of Article 2, 3, or 4 of this chapter, whichever is applicable, have been met. (b) Except as provided in subsection (c) of this Code section, annexation by local Act shall become effective for ad valorem tax purposes on December 31 of the year in which such local Act is approved by the Governor or becomes law without such approval and for all other purposes shall become effective at the time such local Act becomes effective or such later date as provided in such local Act. (c) Where an independent school system exists within the boundaries of a municipality, other effective dates may be established by the municipality solely for the purpose of determining school enrollment. SECTION 2 . Said title is further amended by adding at the end of Article 1 of Chapter 36 thereof, relating to general annexation provisions, a new Code section to read as follows:

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36-36-11. (a) As used in this Code section, the term `bona fide land use classification objection' means an objection to a proposed change in land use which results in a substantial change in the intensity of the allowable use of the property or a change to a significantly different allowable use. (b) On or after July 1, 1998, an annexation shall not be effective until any bona fide land use classification objections raised by the county relative to the area to be annexed are resolved pursuant to the dispute resolution process required by subparagraph (C) of paragraph (4) of Code Section 36-70-24. SECTION 3 . Said title is further amended by striking in its entirety paragraph (1) of subsection (d) of Code Section 36-66-4, relating to zoning for property proposed for annexation, and inserting in lieu thereof a new paragraph (1) to read as follows: (1) Such municipal local government shall complete the procedures required by this chapter for such zoning, except for the final vote of the municipal governing authority, prior to adoption of the annexation ordinance or resolution or the effective date of any local Act but no sooner than the date the notice of the proposed annexation is provided to the governing authority of the county as required under Code Section 36-36-6; . 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 10, 1998. BUILDING AND HOUSINGHOUSING AUTHORITY LOANS TO CERTAIN ENTITIES NOT USURIOUS; LOITERING NONRESIDENTS OF HOUSING PROJECTS SUSPECTED OF CRIMINAL ACTS. Code Section 8-3-30 Amended. Code Section 8-3-36 Enacted. No. 838 (House Bill No. 1604). AN ACT To amend Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, so

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as to provide that loans made by an authority to an entity with which the authority has entered into a private enterprise agreement shall not be deemed usurious; to authorize housing authorities to prohibit certain nonresidents reasonably suspected of a criminal act on the premises of a housing project from entering, loitering, or remaining upon the common areas of such project; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Part 2 of Article 1 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to powers of housing authorities generally, is amended by by inserting in Code Section 8-3-30, relating to general powers of housing authorities, a new subsection to be designated subsection (c) to read as follows: (c) No loan made by an authority to an entity with which the authority has entered into a private enterprise agreement shall be deemed usurious as long as such loan complies with applicable federal law. SECTION 2 . Said part is further amended by adding at the end thereof a new Code Section 8-3-36 to read as follows: 8-3-36. Any housing authority created pursuant to this article, acting through its director or his or her designee, is authorized to prohibit, without breaching the peace, any person who is reasonably suspected of committing a criminal act on the premises of a housing project and who is not a resident of said project from entering, loitering, or remaining upon the common areas of such project. SECTION 3 . This Act shall become effective July 1, 1998. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Approved April 10, 1998.